This story
was taken from Bulatlat, the Philippines's alternative weekly
newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. VII, No. 9, April 1-7, 2007
ELECTION WATCH
Pitfalls of the Party-List Law
The present party-list system
has shortcomings that make it impossible to truly represent marginalized
sectors, an expert on election laws told Bulatlat in an interview.
BY ALEXANDER MARTIN REMOLLINO As it is, the ironic
situation of a House of Representatives needing party-list groups to take the
cudgels for marginalized groups is already glaring. However, the present
party-list system has yet to succeed in giving adequate representation to
underrepresented sectors. There are shortcomings in
the party-list system which has led to this, an expert on election laws told
Bulatlat in an interview. “The (initial) problem with
(the party-list law) is that there are no standards for which groups may be
accredited for the purposes of the party-list system,” said Judge Cleto
Villacorta, a member of the Board of Directors of the research and policy
studies institution Center for People Empowerment in Governance (CenPEG). The problem of the lack of
clear guidelines for party-list accreditation was resolved following the Supreme
Court decisions in two landmark cases in 2001: Ang Bagong Bayani-OFW v. Comelec,
et al and Bayan Muna v. Comelec, et al. In particular, in its decision on Ang
Bagong Bayani-OFW v. Comelec, et al, the Supreme Court issued the following
guidelines with regard to the party-list election:
The political party, sector, organization or
coalition must represent the marginalized and underrepresented groups
identified in Section 5 of RA 7941;
While even major political parties are
expressly allowed by RA 7941 and the Constitution to participate in the
party-list system, they must comply with the declared statutory policy of
enabling “Filipino citizens belonging to marginalized and underrepresented
sectors x x x to be elected to the House of Representatives”;
The religious sector may not be represented in
the party-list system;
A party or an organization must not be
disqualified under Section 6 of RA 7941, which enumerates the grounds for
disqualification as follows: (1)
It is a religious sect or denomination, organization or association organized
for religious purposes; (2)
It advocates violence or unlawful means to seek its goal; (3)
It is a foreign party or organization; (4)
It is receiving support from any foreign government, foreign political party,
foundation, organization, whether directly or through any of its officers or
members or indirectly through third parties for partisan election purposes; (5)
It violates or fails to comply with laws, rules or regulations relating to
elections; (6)
It declares untruthful statements in its petition; (7)
It has ceased to exist for at least one (1) year; or (8)
It fails to participate in the last two (2) preceding elections or fails to
obtain at least two per centum (2%) of the votes cast under the party-list
system in the two (2) preceding elections for the constituency in which it has
registered.
The party or organization must not be an
adjunct of, or a project organized or an entity funded or assisted by, the
government;
The party must not only comply with the
requirements of the law; its nominees must likewise do so;
Not only the candidate party or organization
must represent marginalized and underrepresented sectors; so also must its
nominees;
While lacking a well-defined political
constituency, the nominee must likewise be able to contribute to the
formulation and enactment of appropriate legislation that will benefit the
nation as a whole. “The problem now is no
longer the lack of guidelines, but the very process of accreditation,”
Villacorta said. “We do not know how the Comelec implements the analysis of
applications for party-list participation. We do not know whether they have
people on the ground who really investigate, or whether they simply receive
documents.” Beyond the issue of
ensuring that the party-list system shall sufficiently give representation to
underrepresented sectors, there is also the question of numbers. The 1987 Constitution
limits the number of party-list representatives to 20 percent of the total
number of seats in the House of Representatives. There are, at present, 265
seats at stake at the House of Representatives. This means that only 53
party-list representatives can be accommodated. Even assuming that all
party-list seats are filled by representatives from groups truly representing
the underrepresented sectors, 20 percent is still just 20 percent. And if all of
them become a singular progressive bloc, they could be a considerable force to
reckon with but they will still not be strong enough to drastically change
policies. The party-list system’s
limitation when it comes to cumulative number of seats available is exacerbated
by the cap on the number of representatives that party-list groups may send to
Congress. Villacorta cites the case
of Bayan Muna, which recent opinion surveys have shown to have won a number of
potential votes equivalent to at least 24 percent – and even up to 28 percent –
of the total number of voters. “Even with that, Bayan Muna
is limited to only three seats at the House of Representatives,” Villacorta
explained. “What a waste of votes if these cannot all translate into full
proportional representation as the case is.” In an article for CenPEG’s
book Fraud: Gloria M. Arroyo and the May 2004 Elections, Villacorta underscored
the need for additional legislative measures to complement the existing laws on
the party-list system. In his interview with Bulatlat, he said that among these
measures would be a law fleshing out more clearly the criteria for accrediting
party-list groups, and another one that would remove the cap on the number of
representatives that party-list groups may send to Congress. Bulatlat © 2007 Bulatlat
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(Second of two parts)
Bulatlat