Dismal system failure

By Jose C. Sison (The Philippine Star), August 5, 2016

There is really nothing inherently wrong in the party-list system of representation. The purpose of the Constitution is to enable Filipino citizens belonging to the marginalized, neglected and under-represented sectors, parties or other organizations without well defined constituencies, to have a voice in the Lower House of Congress. It was conceived and established to help the laborers, peasants, fisher-folks, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers and marginalized professionals in becoming members of the House of Representatives so they can contribute to the formulation and enactment of appropriate legislations beneficial to them and to the nation as a whole.

More importantly, the party-list system of electing members of the House of Representatives provides a great opportunity to promote, or at least start a new kind of politics – the politics of principles rather than of personalities. Here, the voters elect the party-list organizations, not their nominees. So the choice is supposed to be on their platforms and programs that will serve the best interest of the country rather than the candidates’ interest or that of their families, or of some vested interest.

Pursuant to its enabling law RA 7941 which was enacted on March 3, 1995, at least 50 of the 250 members of the House of Representatives should belong to party-list organizations. They are elected nationwide. And any party list organization duly registered and accredited by the Commission on Elections (COMELEC) garnering at least two percent of the total votes cast under the party-list system get one seat. Each of the party-list organization is entitled to a maximum of three seats if it garners at least six percent of the total votes cast under said system.

These representatives are supposed to provide a voice for the under-represented and marginalized in relation to their ignored and neglected interest and concerns, or the advocacies they are espousing that will ultimately redound to the benefit of the entire country. They serve as the “eyes and ears” of the people in the halls of the Lower House of Congress dominated mostly by traditional politicians (trapos) ruling oligarchs and political dynasties. As held in the case of Ang Bagong Bayani vs. COMELEC, G.R. 147589, June 26, 2001, candidates under the party list system of representation however need not really be poor or marginalized. It is enough that they represent these sectors. Thus, even organizations of professionals can participate in the party list elections for as long as their purposes and advocacies contained in their Constitution and By-Laws are geared towards giving a voice and representation in the Lower House of Congress to those who remain along the fringes of our society, whether left or right.

But after eight elections since it was first adopted in 1998, it has become obvious that the party-list system is a dismal failure. In the first place, the seats allocated to the organization are not really enough for their voice to be heard or for advancing their advocacies promoting the interest of the poor and the marginalized. Indeed the 50 seats allocated to the system could not even be filled based on the number of votes required by the law for every seat. Indeed during the first elections after it was adopted, the seats filled up only averaged to about 20 to 30 mainly because the electorate is not fully aware of the system and how it works. So come election time they do not vote for any party-list organization. Obviously, the party-list representatives are always outvoted and ignored. Their voices are not heard or disregarded even if they shout.

Furthermore, most of the party list organizations participating in the elections use their wide network of supporters instead of their platforms for the poor and the marginalized, to get votes and obtain seats in the lower house. And even if they obtain the maximum three seats, they spin off and organize new parties under the party list system and register them with the COMELEC so that they can utilize their wide network of voters to win more seats through these splinter groups. Thus the other organizations with valid concerns and more lofty and patriotic platforms are even weeded out of the list for succeeding elections, to give way to these splinter groups of the party list organizations just because they have a bigger and wider network all over the country.

Hence, the emerging irreversible trend under the party list system of election indicates the eventual control of the party list system of representation in the House of Representatives by the group with a big nationwide network of supporters. And the dominant groups here are the left leaning organizations making them a powerful block to reckon with.

To be sure, these left wing organizations can freely sell and convince people to adopt their ideologies and programs in view of the repeal of the Anti Subversion Law. Strictly speaking, they are “political parties” similar to the other political parties like the Liberal Party, the PDP Laban, the UNA and the NPC participating in our elections. But unlike the other political parties, they participate in the national elections and gain some power in Congress mainly through the party list system. In this way, they have in effect acquired ways and means to promote their ideologies with less expense than the other political parties. Their members elected under the party list system, are enjoying the perks and privileges of members of the House of Representatives including the fat porks. They are actually using the taxpayers’ money for purposes of achieving their ultimate purpose of replacing the present democracy we are enjoying.

But more importantly, this party list system has not actually promoted the interest of the sectors they represent. Only the party list nominees reap the benefits of the lucrative positions won by their party. Readily noticeable is the change in their lifestyle after a few years in power. They are no longer simple folks with simple clothes and simple taste.

So Duterte is right in this regard. The party list system should really be abolished. Or its enabling law should be amended to comply with the Constitutional purpose for its establishment.

E-mail: attyjosesison@gmail.com