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Chasing the Wind: Assessing Philippine Democracy, Second Edition
continue to frustrate the goal of free and fair elections. For instance, the routine
processes of registration, actual voting, the counting and canvassing of votes
have always been mired in rampant practices of fraud, manipulation, and at
times the use of outright force and coercion. The attempts by the Comelec since
the 2010 elections to address these recurring problems through an automation
system has in fact brought about a transparency crisis in the entire electoral
process. In his chapter, Azurin systematically explains the roots and dynamics
of this costly electoral experiment and the impunity in the treatment of erring
ranking ofcials in the Comelec and the foreign vendor and implementor
(Smartmatic) of the failed automation system.
Outside of the usual problems about electoral mechanisms, there is one
critical component of vertical accountability that deserves a fuller study and
this concerns the problem of political representation as seen in our poorly
institutionalized party system. Our electoral system lacks the tradition of
strong parties committed to clear platforms of government and this has led to
voting behavior patterns that have little impact on the accountability of elected
public ofcials. In truth, candidates for public ofce rely mainly on family
networks and alliances driven by narrow and opportunistic interests. Thus the
function of “aggregating, mediating, and arbitrating interests and conicts”
normally undertaken by well-institutionalized parties in working democracies
is supplanted by alliances of powerful families with parochial interests or by a
willful president little restrained by accountability mechanisms.
The 1987 Constitution sought to energize the party system by including a
Party List provision that allotted 20 percent of the total seats in the House of
Representatives for candidates elected under this system. In its initial
implementation, the party list law was seen as a tool of social justice for parties
representing the “marginalized and underrepresented sectors in society”.
However, as Tuazon documents in his chapter, the party list has increasingly
come to be dominated by powerful political families and dummies of
established political groups, negating the original spirit of the law. This
“bastardization of the party list” as Tuazon refers to it was made possible by
two major factors. First, the Comelec showed indecisiveness and
inconsistencies in identifying who qualies as legitimate representatives of the
marginalized sectors. Second, the Supreme Court in a series of rulings diluted
the original intent of the constitutional provision to have the party list serve as a
vehicle for representation by the underrepresented sectors and thus allowed
virtually any party to run under it.
Reforms to strengthen the party system remains a key area for enhancing
vertical accountability mechanisms. The Party List Law needs to be amended to
ensure that it serves primarily as a tool of political representation for the
marginalized sectors of society and to follow more strictly the principle of
proportional representation in its allocation of seats (such as doing away with
the three-seat cap for winning parties). Moreover, added reforms can be in the
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