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Chasing the Wind: Assessing Philippine Democracy, Second Edition
CenPEG interview, the road of electoral reform does not end in Congress so that
other channels can be used such as the judiciary and the parliament of the
streets. Colmenares calls these the “3 Ks: Kongreso, Korte, Kalsada.”
Rightly so, none of the 14 bills led in the Senate seeking to amend RA 7941
ever saw the light of day, either. Many of the Senate bills complement some of
the House bills but notable were SB 168 (Sen. Loi Estrada) requiring that half of
the PL nominees are women and SB 1904 (JV Ejercito) reserving PL seats solely
for the marginalized and banning nominees with dynastic ties.
One of the most contentious proposed amendments to the PL act led in
both the lower House and Senate is on the seat cap. One side argued that
retaining the seat cap prevents genuine representation since parties enjoying
broad electoral support are limited to a maximum of three seats. Conversely, it
was argued that doing away with the seat cap will only allow a single group
with considerable electoral base to monopolize the PL system thus preventing
smaller groups representing marginalized sectors from having a voice in
Congress.
Supreme Court: Inconsistent Rulings?
Several of the petitions led before the SC on Party-list issues involved the
disqualication or stopping the proclamation of certain PL groups. In doing so,
the high court came up with a number of landmark decisions particularly on
settling issues of proportional representation. One of these rulings sought to
resolve once and for all the issue of lling up the 20% of seats earmarked for
Party-list.
Hence, in April 2009, the SC ordered the full implementation of the
constitutional provision on the PL system, striking down as unconstitutional
the 2% threshold in the allocation of seats. The 2% threshold combined with the
3-seat cap has prevented the complete lling up of the 20% of the House seats –
or 55 in the current Congress – as mandated by the constitution. Accordingly,
the ruling penned by Associate Justice Antonio Carpio, shot down the old
formula, “First Party Rule,” as cited in the Veterans Federation, Inc. vs Comelec
case which granted only the maximum three seats to the party-list group that
garnered the highest votes in the party-list elections. In revising its own
decision the SC ruled that the 2% threshold only “guarantees a seat to the two
percenters” but does not limit them to only one seat. The Carpio formula does
not limit the maximum three seats only to the highest party-list vote-getter.
Moreover, the same formula also distributes the seats even to those groups that
do not meet the 2% threshold in order to ensure the full implementation of the
20% seats for Party-list in the lower House. However, this same formula has
also led to the further fragmentation of the PL system as an increasing number
of groups with smaller electoral constituencies (smaller than 2% of the total
votes cast for the PL system) can now be awarded legislative seats.
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