Reform and Abolition: The Philippine Party-list System
189
In another subsequent ruling in 2013, the high court through Justice Carpio
also ruled that the Party-list law is not exclusive to the marginalized, thus,
allowing the participation of other political parties. In justifying its ruling, the
SC pointed to the intent behind the Party-list system by citing deliberations of
the 1986 constitutional commission particularly that of Christian Monsod who
said that the “party list system is not synonymous with that of sectoral
representation.”
Both SC decisions drew strong criticisms not only from Party-list
organizations but also the civil society movement. The impact of the SC rulings
was to open wide the Party-list system to family dynasties, traditional political
parties, as well as multi-millionaires, hence, ensure their dominance in
Congress. This ruling negates earlier SC rulings to make the PL system as a
“social justice tool” and rectify the institutional injustice against the country's
poor majority. Attesting to the electoral dynamics against the marginalized and
underrepresented sectors is the increase in the number of PL representatives
with dynastic ties since the latest SC rulings were issued. Another observation
is that the high court may have gone beyond its mandate to interpret the law by
usurping the legislative function of Congress. Underlying all this controversy is
that RA 7941 on the Party List Law itself appears to be vague, failing to specify
for instance, a clear allocation formula for Party-list seats as well as denitive
parameters for dening basic concepts such as “marginalization” and
“underrepresentation”, thus generating often conicting interpretations and
formulas.
The Comelec and the Party List System
In the regime of the Party-list system, the Comelec under various
chairmanships has been on the receiving end of complaints and petitions from
PL organizations. Many of the legal grievances – at times including allegations
of corruption - had to do with the poll body's responsibility with regards the
accreditation of Party-list groups as well as the ling of candidacy and
submission of the list of nominees. In one sensational case, Comelec was scored
for its refusal to accredit Ang Ladlad which espouses LGBT rights, citing moral
grounds as cause for disqualication. Yet in many other cases, the poll body
approved the accreditation of Party-list groups despite their clear
disqualication for their connection to public ofcials or their attempt to
represent dubious marginalized groups such as “security guards” or “balut
vendors”. The Comelec's injudicious accreditation of Party-list groups that will
not normally pass tighter scrutiny partly explains the bastardization of the
Party-list system given the now effective co-optation of this “social justice tool”
by the country's political elite.
Voter education being likewise a responsibility of the Comelec, this
important electoral activity needs to be given more attention considering the
low level of public awareness on the Party-list system. This omission has
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات