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Reform and Abolition: The Philippine Party-list System
levels but the same condition prevails within the election body itself. Members
of the House of Representatives, for instance, prefer to retain a patronagedriven election body to control elections in the legislative districts.17 Whether at
the national or local levels, the commission has been widely known to be
reeking of corruption.
16
Despite its quasi-judicial and police powers, the Comelec has been
unsuccessful in reducing if not completely eliminating the use of violence,
overspending, and other forms of fraud such as vote buying and “dagdagbawas” (vote shaving and padding) during elections. Many dynastic
politicians continue to gure in incidents of fraud and violence particularly
with the use of private armed groups and sometimes in complicity with police
and military forces. In truth, some Comelec ofcials are widely believed and
have in fact been accused of direct involvement in election fraud. This was
shown in the infamous “Hello, Garci” tapes that linked a number of poll as well
as military and police authorities to election fraud in the 2004 presidential race
resulting in a controversial win by Gloria M. Arroyo. No impeachment
initiatives or massive street protests could unseat Arroyo but the illegitimacy of
her presidency continued to hound her till the end of her term in 2010.
The gridlocks to reforming the Comelec refer to a “three-pronged
pathology” that the institution has long suffered from, according to a study.
The “externally-motivated clientelistic relationship” where a patron seeks the
support of a client from within the Comelec for advantageous electoral
outcomes constitutes the rst pathology. A classic example is the 2004 GMAGarcillano conspiracy. The second is an “internal clientelistic relationship”
where the patron is inside the bureaucracy (Comelec) itself and the clients
occupy subordinate positions within the same structure. The third concerns the
Comelec's organizational inefciency and lack of capacity.18
The institutional weaknesses of the Comelec have thus made efforts at
instituting reform in the electoral system dismally below expectations if not
ending in debacles. In the only reform measure that was initiated more than 20
years ago, the automated election system (AES) was launched in 2010 followed
thereafter in 2013 and in the May 2016 national and local elections. Both the
legislative authors and poll ofcials believed that the AES would save the
electoral process from fraud and lead to the “modernization of democracy.”
Automation, however, has been marred by issues on procurement,
transparency, software, accuracy, transmission, and security as well as the noncompliance with the minimum system requirements under RA 9369 and the
Omnibus Election Code that rendered the election results questionable in both
the 2010 and 2013 elections. Poor project implementation as well as lack of IT
expertise of the Comelec top bureaucracy has left the poll automation
practically under the hands of the technology marketing foreign supplier,
Smartmatic-TIM. This has compelled election watch groups as well a Supreme
Court senior justice to raise concerns whether the country's sovereign election
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