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VOLUME 14 NUMBER 1
clear afternoon is a good time to clarify issues about the party-list system, and human rights lawyer, constitutionalist, election reformer, law educator and retired Comelec Commissioner Rene V. Sarmiento was gracious enough to oblige. The UP Forum conversation with Commissioner Sarmiento helped illuminate the often murky depths of the Filipino-style party-list system.
The beginnings
The Philippine party-list system, mandated by Section 5 of Article VI of the 1987 Constitution, has its origins in the spirit of reform and social justice that reigned in the wake of the end of the 20-year
ot all that is legal is moral!1 cried Senator Miriam Defensor-Santiago with the gravity of a bishop denouncing vice. The sin in question, however, was primarily political rather than religious in nature. During the budget deliberations for the Office of the Vice President late last year, the senator delivered these words as a swipe at Vice President Jejomar Binay for his stance against bills prohibiting political dynasties. Binay has three children running in the 2013 elections. The tone, though vehement, was not surprising. Santiago is the author of Senate Bill No. 2649, or An Act to Prohibit Political Dynasties, which seeks to prohibit
inasabing nakabubuti para sa ekonomiya ang paggastos sa pangangampanya ng mga kandidato't partido pulitikal tuwing may pambansang halalan. Ayon sa pagsusuri nina Richard Emerson Ballester, et al., ng National Economic Development Authority (NEDA), nakikitaan ng bahagyang pag-angat sa gross domestic product (GDP) ang iba't-ibang sektor ng ekonomiya, at dumarami ang nagkakaroon ng panandaliang empleyo sa mga nasabing panahon.1 Ngayong taon, kung kailan idinaraos ang halalang midterm, tinatayang mahihigitan pa ang gastos sa mga pampulitikang kampanya noong 2010 at 2007. Sa political ad spending pa lang, tinatayang aabot na sa Php2 bilyon ang gagastusin ng mga kandidato't partido.2 Ka-
RA 7941, signed in 1995 and implemented in 1998, was meant to give shape to the party-list system envisioned in the Constitution. But whether it has done a good job is another matter altogether. Sa simulat simula, ang masasabi ko sa party-list system law, I dont think it is reflective of the intent of the framers of the Constitution, said Sarmiento. May mga vague provisions sa RA 7941. For instance, who can represent the marginalized or underrepresented? Should they [the representatives] belong [to the same marginalized or underrepresented sector]? Dapat ba isa sa kanila o advocate eh pwede na? Hindi malinaw sa RA 7941. It was left to the Supreme Court to flesh things out in the course of interpreting the law, such as on the issue Holes in the Comelec net of whether or not a representative of a marginalized or RA 7941 officially represents the Retired Comelec Commissioner Rene Sarmiento represented sector should belong to the same sector. last act of Congress with regard to the Like in Ang Bagong Bayani-OFW Labor Party v. party-list system. Since then, aside Comelec [June 26, 2001], nandoon yung mga guidelines to accredit a party-list from Supreme Court rulings on the matter, it is the Comelec that has been tasked organization, Sarmiento said. And repeatedly sa decision na iyon, seven or eight with hammering functionality into the unwieldy system produced by RA 7941. times binanggit ni [Chief Justice Artemio V.] Panganiban yung salitang belong. For instance, the question of whether the party-list system should be limited to Dapat yung nominee should belong to the marginalized and underrepresented, so the marginalized and underrepresented sectors. dapat isa ka sa kanila. Hindi pwedeng yung mayaman will represent the poor or To be true to the intent of the Constitution, yes, i-limit natin doon. Kaya lang the farmers, the students, and so on. sa ngayon, hindi nali-limit eh, because the law that implements the Constitutional This was also reiterated in Banat v. Comelec. Hindi ito nilinaw ng RA 7941. provisionRA 7941vague ang provisions niya. Dapat mas linawin na ang That is why noong nasa Comelec pa ako, ang daming mga party-list organizations intent is for these party-list organizations to represent the marginalized and underna ang nominees, hindi naman belonging to that sector. Minsan nga nagiging represented. Those who have less in life Sarmiento added, quoting President pamilya na rin yung mga nominees. Mag-aama, mag-iina, o mag-asawa. Its as Magsaysay. if wala nang representative iyang sector na iyan. So maganda yung intention ng The process of picking which party-list organizations will see their names Constitution, hindi lang na-flesh out yung provision na iyan under RA 7941. on the ballot involves at least two divisions of the Comelec: the First Division comprised of three members, and the Comelec en banc or the seven commisAllocating seats sioners voting as a collegial body. This process can produce mixed results. In the Another issue that RA 7941 has not been clear about is the question of the 2010 elections, the 187 party-list organizations that applied for registration with number of representatives/allocated seats per party-list organization. Two Suthe Comelec was whittled down to 123, with 43 of that number petitioning their preme Court rulingsVeterans Federation Party vs. Comelec in 2000 and Banat v. registration with the Supreme Court. Comelec in 2009sought to set things straight. Tinanggal din namin yan. Umakyat lang sa Supreme Court, ini-stop kami, May ilang elements. First is the 20 percent allocation. Dapat 20 percent of the continued on page 11
total number of congressmen sitting in the House should be party-list reps. Second, the two-percent threshold. Ibig sabihin, para magkaroon ng isang kinatawan, [dapat] makuha mo ang two percent of the total number of votes. Third, yung three-seat limit [maximum of three seats per representative]. And fourth, kung hindi ka sumali sa dalawang halalan, o sa dalawang halalan hindi mo nakuha yung two percent, cancelled ang registration mo. Veterans v. Comelec and Banat v. Comelec offer two different formulas to fill up party-list seats in the House. Doon sa Veterans, the formula is the two percent [of the total number of votes]. So mahirap mapuno yang 20 percent [seats in Congress mandated for party-list reps], dahil maraming hindi nakakakuha ng two percent. Pero sa pagpasok ng Banat, ni-relax yung twopercent [requirement] para mapuno yung 20 percent. Ang comment ni [Justice] Panganiban diyan, napakadaling makaupo, na kahit na ang nakuha mong boto ay 150,000 [lamang], pwede kang umupo sa KongresoPara sa Banat naman, may isang tinatatawag na guaranteed seat yung two-percent na yan. But all the rest, after [getting] the guaranteed seats, [get] additional seats. Pataasan kayo ng botoHindi na yung two percent, basta ranking na, para lang mapuno yung 20 percent. As far as Sarmiento is concerned, neither of the two formulas is entirely correct nor entirely wrong. I think we should have a test case to harmonize Veterans and Banat. Ang critique kay Panganiban [in the Veterans case] ay masyadong strict. Ang critique naman sa Banat, masyadong loose. May middle ground siguro. Siguro another case ang kailangang ma-file sa Supreme Court to harmonize or balance [the two formulas].
Photo from the UPSIO
party system to attain the broadest possible representation of party, sectoral, or group interests, as highlighted by Commissioner Monsods explanation quoted above. To illustrate, this can particularly be seen in the express inclusion in the constitutional provision of professionalswho arguably are neither marginalized nor underrepresented in view of their being the primary driver of the services component of the national economyas a distinct sector. But such was not to be. Instead, what we have now is a bastardized version of a potentially promising democratic innovation that only invites further litigation, as the cases reviewed in my paper show. Subsequent to my research, the Supreme Court in Barangay Association for National Advancement and Transparency (Banat) vs. Comelec (G.R. No. 179271; 21 April 2009) again had to revisit the issue. While that case is more publicly known for recognizing continued on page 5
For facts and figures on the Philippine party-list system, including a time-line and summaries of pertinent national laws, Supreme Court rulings and Comelec resolutions, visit the UP Election website at halalan.up.edu.ph
Front page photo: Comelec Chair Sixto Brillantes (left foreground) and UP President Alfredo Pascual (upper left) oversee the Elections Day Dry Run held at the UP Integrated School in Diliman on Feb. 2, 2013. Photo by the UPSIO.
to win a seat on a legislative district basis. They may not be able to win a seat on a district basis but surely, they will have votes on a nationwide basis. The purpose is to open the
ur campaign will not stop just because of the waiting game. It will not stop no matter how precarious the situation is. This is Ako Bicols stand as it waits for the Supreme Courts (SC) final decision on its petition to declare its disqualification by the Commission on Elections (Comelec) null and void. Yes, we are in a delicate position. We were granted a Status Quo Ante Order (SQAO) by the Supreme Court, but the final decision is still pending. Even so, we cannot let the situation delay or derail our campaign. We cannot just sit around and wait. That would be wasting time, Ako Bicol Representative Rodel Batocabe said in an interview with the UP Forum . As long as the SQAO stands, Ako Bicol, the top party-list in the last election, is still in the running.
Commission [1] Deny due course to the Petitions for Registration of the enumerated party-list groups; [2] Remove and/ or cancel the registration of enumerated accredited party-list groups; [3] Deny due course the Certificate of Nomination filed by the party-list groups. A similar complaint was also lodged by Salvador France, Vice Chairperson of Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (PAMALAKAYA), on 24 September 2012. In his petition to the Commission, France prays [1] That this complaint be given due course; [2] That upon due notice and hearing, REMOVE or CANCEL the registration and accreditation of respondent AKO BICOL POLITICAL PARTY under the partylist system of representation; and [3] That upon the Photo from http://newsinfo.inquirer.net/291614/hundreds-turn-up-in-rally-to-back-ako-bicol and http://tgpbrc.blogspot.com/2010/05/vote-for-ako-bicol-party-list.html removal and cancelation of AKO BICOL POLITICAL PARTY under the party-list system of representation, all its nominees be Petitions and resolutions disqualified by operation of law for having no party-list to represent in the House Election watchdog group, Kontra Daya, in its omnibus letter of complaint to of Representatives. (emphasis his) A hearing on the petition for cancellation of the Comelec dated 4 September 2012, calls Ako Bicol a group masquerading Ako Bicols accreditation has been set by the Comelec on 18 March 2013. as a party-list organization that is established, run and funded by the Co famThe following month, the Commission issued a decision resolving to DENY ily of Bicol and its corporations and foundation. The letter also says that its the participation of Ako Bicol in the 2013 elections. The resolution also states nominees are multi-millionaires. that Ako Bicols accreditation/registration, however, as a political party under As a regional political party that claims to represent the entire Bicol reRule 32 of the Comelec Rules of Procedure is hereby RETAINED . (emphasis gion, Ako Bicol does not represent a particular marginalized and underrepretheirs) sented sector or sectors, according to the Kontra Daya complaint. The group Comelec cited three reasons for the partys disqualification from the polls: argues that a region is only a geographical formation in the country, not a (1) it does not represent or seek to uplift a marginalized and underrepresented marginalized and underrepresented sector. In sum, Kontra Daya concludes that sector within the contemplation of the party-list system; (2) its grouping is Ako Bicol and its nominees are a mere duplicate of all the district congressbased on geographical location and as such, the provinces of Catandanues, men of the Bicol region, and are merely duplicating the functions and mandate Sorsogon, Camarines Sur, Camarines Norte, Masbate and Albay will have a of the district congressmen of the entire region. number of representatives more than the number allowed by the Constitution; Kontra Daya asks that the Commission investigate the party-list groups in and (3) its nominees consist of a businessman, an ophthalmologist, and lawits omnibus complaint and if the Comelec finds that the groups are not qualicontinued on page 5 fied as party-list groups or nominees, Kontra Daya prays that [the] Honorable
04 September 2012 Kontra Daya f iles second omnibus letter of complaint to the Comelec against specific party-list groups, including Ako Bicol
10 October 2012 COMELEC issues SPP No. 12-154 (PLM) and SPP No. 12-177 (PLM), resolving to deny Ako Bicols participation in the partylist elections in 2013, but retaining its accreditation/ registration as a political party under Rule 32 of the Comelec Rules of Procedure
13 November 2012 The Supreme Court issues Status Quo Ante Order in favor of Ako Bicol
2012
August September October November
24 August 201 2 Comelecholds automatic review of, and hearing on Ako Bicols accreditation
24 September 2012 Salvador France, Vice Chairperson of Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya), files a letter of complaint against Ako Bicol
30 October 2012 Ako Bicol files petition for certiorari and prohibition with the Supreme Court, asking to stop the implementation of the Comelec resolution
18 March 2013 Scheduled Comelec hearing on Frances petition to cancel the accreditation of Ako Bicol
2013
December
26 November 2012 The Solicitor General issues a consolidated comment on petitions filed by disqualified party lists, including that of Ako Bicols; his prayers include the immediate lifting of the Status Quo Ante Order and dismissal of instant petitions for utter lack of merit
January- February
March
April
May
Andre Encarnacion
spouses and relatives up to the second degree of consanguinity from running for office in the same province in the same election. Not one to be silenced, Santiago struck again in a more recent speech, calling dynasty members stationary bandits, while labeling the country the world capital of political dynasties.2 They have carved out a monopoly for themselves, she asserted, as if only their families were qualified for public office. Like many critics, Santiago views political dynasties as inherently bad, their persistence being in direct violation of the 1987 Constitution. Dynasties are also seen, and not without basis, as contributors to poverty, not to mention fraud, violence, vote buying and intimidation.3 There is a term in academic circles describing them as predatory.4 From the streets to the halls of the Senate, our knowledge of this predation is as extensive as our tolerance of it is tragic. This does not, however, account for cases that do not fit the mold. The question is: if dynasties are harmful in and of themselves, what accounts for areas with a history of dynasties that have experienced considerable economic growth? UP School of Economics Professor Dr. Joseph Capuno, who has done studies on local development and politics, looks at political dynasties rather differently. What we see is that clans are not everywhere bad for growth, says Capuno, because there are high growth areas where clans have been dominating. Our definition of a clan is it is a predator. Pero kung na-o-observe mo, it's a mix! Mayroong high growth, mayroong low growth, with or without clans. There are areas without clans but which are considered low growth. So what is the story that will tie these observations together? Rather than a narrative of innate goodness or badness, Capuno's research has uncovered a possible Rosetta Stone, by which all these disparate tales can be read and understood. Capuno calls it the political contestability theory.
dynasty can also lead to its not doing anything. Baligtarin mo naman, he says. If the incumbent is a political dynast and has no challengers, what will he do? That's when we see them not performing in office. The premise is clear. You need two things: party and performance, to win elections, right? If you don't have a party, performance ang gamitin mo. An incumbent with a de facto political party in his own clan, and without any legitimate challengers, on the other hand, has no incentive to perform. If you're a clan member and wala kang kalaban, what do you need performance for? You'll always win! So what you do is co-opt their opponents by an intermarriage of clans. The story, however, goes even deeper. What's interesting is when youre a clan member and you're challenged by another political clan. On the party side, you're even. Then you use your performance to win! That's your trump card. That's what we found! So the lesson here is that it is not the political clan itself that makes them bad performers. It's the absence of competitors. Think about it. If you're a clan against another clan, tabla lang kayo. So what do you do to win office? Perform! It makes sense. My prediction is this, Capuno says. If there are no dynasties, and the region is contestable, it is a high growth region. Why? Because the incumbent, or whoever wins, has to perform in office. If the incumbent is a clan member, but there are other clans that would contest the office, high growth din iyan. Hindi token opponent, ha. One that is capable of replacing them in a fair fight. Money for money, power for power, they can compete. That is my definition of contestability. A dynasty that is not challenged, on the other hand, would result in low growth for its jurisdiction. Likewise, an area with no dynasties and no competitors would experience a similar outcome. Nobody threatens the incumbent. He might likely start his own clan because he's not likely to be replaced by anybody. If you have cases based on the political contestability story, you can tie up a nice 'kwento', di ba? Look at the nature of the political competition.
how to build a republic, he explains. Politicians saying (that they are good) will not necessarily make it true. Because you won't be able to prove or disprove them anyway, ex ante... They give you the same message, basically. The truth value of what they may sayand by truth value, we mean the value by which we can determine which one of them is saying the truthis zero. Wala namang politician that will say (they are bad). That's a romantic aspiration. Instead, Capuno points to a more benign alternativereputation. Other things being equal in a fairly contested area, reputation has more truth value. Remember, the assumption is, people know their leaders and they are free to vote, he says. They are not coerced. Big 'if'' din yun. What I'm saying is, that is a better basis than what an outsider would say. Outsiders come and go, and are very impressionistic. As a consequence of these impressions, outsiders are also prone to impose value judgments on how governments are run. Under decentralization, you continued on page 11
ausing an uproar in the thick of the 2013 election is the buzzword political dynasty. Political dynasties are more blatant and active today, said Center for People Empowerment in Governance (CenPEG) director for policy studies Prof. Bobby Tuazon, since the conditions to form 'more of the same' are more encouraging than ever under a current administration that also came from political patronage. It is interesting to note how political dynasties today make every region, municipality, town and city family turf. For instance, we best remember Batanes with the Abads who have served the legislature since 1965; the charm of Northern Ilocos is attributed mostly to the Marcoses who became prominent in public service in 1925; and of course, Tarlac where the Aquinos-Cojuangcos, considered as the most powerful dynasty today, originated. Supreme Court (SC) Justice Antonio Carpio in a ruling in 2011 defined the term political dynasties in the case of Navarro v. Ermita (GR No. 180050; April 12, 2011) as a phenomenon that concentrates political power and public resources within the control of a few families whose members alternately hold elective offices, deftly skirting term limits. The reasons for the apparent salience of political dynasties in the country today can be drawn from the countrys political and economic history. The existence of political dynasties was neither patterned after the Marcoses and their cronies nor was it a product of the election system; it has already been in place for the past six centuries. There are three notable periods in history that pertain to the evolution of the political dynasty. The first period dates as far back as the pre-colonial period; the second commenced during the Spanish regime; and the third in 1898 when US colonization began.
the early datus and maharlikas. This time, the former datu has been entrusted with fiscal and administrative duties and became adjuncts of Spanish power. From mere administrators of socially-owned land during the pre-Magellanic period, the principalia eventually became formal owners of these lands. The principalia, along with the mestizos, illustrados, mestizo-sangley, creole, and Chinese mestizos constituted the local oligarchs of the country. In Landlords and Capitalists, political scientist Temario Rivera revealed that about 87 families controlled the top 120 manufacturing companies from 19641986. Sixteen of these familiesabout 20 percentwere involved in politics. Most of them were members of the landowning elite that emerged during the 19th century, including the Aranetas, the Cojuangcos, the Jacintos, the Madrigals, and the Yulos. Through government influence, writes Rivera, landed capitalists caused the diversion of state resources to traditional elite economic activities like sugar and coconut milling, limiting further industrial diversification. The third period was highlighted by the introduction of education and suffrage by the US that catapulted the elites in the first local elections in 1903 and the first national elections in 1907, Tuazon explained. The elites capitalized on education to acquire new knowledge and information. Through education, both the local and national elites obtained a new form of mechanism, which the French sociologist Pierre Bourdieu called "cultural capital." Education was the ticket to election participation and a prerogative of wealth. In history, the first elections only catered to the propertied class, which comprised less than one percent of the population. William Howard Taft directed this first-ever election limiting the number of participation only to the local and national elites.
A CenPEG study on familial membership in public offices (1907 -2004), that is, from the 1st Philippine Assembly to the present Congress of the two Houses found that Congress is home to 160 families that have continuously served each house with two or more family members. In the 1946 Congress, out of the 98 congressmen elected, 61 came from families with members in elective positions from 1907 to 1941. The development of both the local and national elites enhanced their monopoly over the landowning system, and businesses such as mining, logging, sugar, tobacco, real estate, media, links to banks, and others.
tactics of self-preservation and expansion, which are means for a continuing rule of political dynasties. The 2013 election clearly demonstrates how such tactics operate. For instance, the 2013 senatorial slates are basically coalitions of political dynasties through partyswitching for networking and political preservation. Image and visual packaging have become key factors in the expansion, preservation, and continuing rule of political dynasties. Partnerships with lawyers, the media, showbiz personalities and corporations have favored wider expansion and greater popularity for these political dynasties, ensuring their rule over Philippine politics. The continuing phenomenon of political dynasties today reflects the encompassing influence of traditional politics. Recent studies reveal that since 1903 to present, dynastic candidates have had about thirty percent greater chance of winning over non-traditional rivals, according to Tuazon. It has become customary for citizens to base their decisions on personality-based campaigns backed by familial or dynastic support. While an ideology is in place, for Tuazon, such dynasties perpetuate and enjoy various advantages in traditional kinship networks, political machineries, wealth, property, access to government sources, weak political party system, weak electoral system, culture of powerlessness among the people, and warlordism. --------------Email forum@up.edu.ph
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SOURCES:
Coronel, Sheila. (2007). The seven Ms of dynasty building. New Political Dynasties. Retrieved from http://pcij.org/stories/theseven-ms-of-dynasty-building/ Constantino, Renato. (1982). The Making of a Filipino: A Story of Philippine Colonial Politics. Quezon City: R. Constantino. Rivera, Temario. (1994). Landlords and Capitalists. Quezon City: University of the Philippines Press.
continued on page 11
Q.
CORTES: Every election seaDamcelle Torres-Cortes, LLB son, candidates are at the center Assistant Professor, Institute for Goverof public discussions and media coverage. Who are the people nance and Rural Development running? What is their backCollege of Public Affairs and Development ground? What do they plan to UP Los Baos do once elected to office? Who is topping the surveys? But since the 2010 elections, a new issue has been added to our electoral concerns: automation. Questions on the kind of machine and computer program to be used, how to use them, and the integrity of the results preoccupy the voters mind. I find it interesting and disturbing that the electorate rarely figures as the focus in elections and electoral reform despite recurring reports of massive cheating and vote buying. We have been content with repeated calls for people to vote wisely and to exercise vigilance by serving as poll watchers or independent watchdog volunteers. I do not discount the importance of these efforts. But what I find lacking is a truly transformative approach to educating Filipino voters about the sacred exercise of their democratic rights. I am not simply referring to information campaigns about candidates, steps in voting via the PCOS machine, or advertisements appealing to the conscience about responsible voting. I am looking for effective efforts to personally engage citizens about how they vote. I remember the voters education program implemented by the Paralegal Volunteers Organization during my UP Law days. We developed a short module to discuss the duties and responsibilities of elected officials. Choosing candidates starts with knowing the nature of their work and the corresponding skills required by the job. In a barangay in Los Baos, we asked the participants about their understanding of the vice mayors role. We were aghast to hear the answer: Naghihintay po na mamatay ang mayor, o basta pag wala ang mayor, sya na (Waits for the mayor to die, or replaces the mayor when the mayor is not around). The participants were surprised to learn that the vice mayor heads the sanggunian (council)
TAGLE: Elections in the Philippines are in the adolescent Lucenito N. Tagle, LLB stage where there is a huge Chairman, Overseas Absentee room for improvement and reforms. Although we sucVoting cessfully crossed the bridge Commissioner of election modernization in Commission on Elections the 2010 national polls, there are still a lot of bridges left uncrossed as far as the whole electoral process is concerned. Below are the total number of registered the major areas of concern that need to be votersan extensive and wideaddressed: spread information campaign 1. Enhancement of Project Manageespecially in far-flung areas is ment Skills and InformationTechnolstill needed to halt and prevent ogy Capabilities - This should address the disenfranchisement of votthe efficiency of the overall election ers. It is imperative that more administration in the country including stakeholders be involved in pre-election and post-election activities the voter education program as such as maintaining and cleansing voter well as in the utilization of field registration lists, precinct-mapping, propersonnel in developing a farcurement of equipment, counting and reaching information drive. canvassing the results, and the procla3. Harmonization of All Elecmation of winners in accordance with tion Laws, Rules and Regulathe current election modernization law. tions through the Passage of a 2. Intensive Voter Education - Despite New Omnibus Election Code the 38, 162, 985 voters who actually - There is an urgent need to voted in the 2010 national pollsa overhaul the present Omnibus number equivalent to 75 percent of Election Code that has been
the subject of piecemeal amendments. These changes in the Election Code cause confusion among stakeholders and make it difficult to administer elections and enforce election laws. 4. Acquiring Appropriate Technology for Overseas Absentee Voting - Filipinos abroad comprise a huge number of voters. However, in the 2010 elections in which 589,830 Filipinos abroad registered, only 153,323, or 25.99 percent, actually voted mainly because of lack of interest on the part of overseas absentee voters to cast their votes either via mail or personal voting. There have been discussions on allowing Internet voting, but the current Absentee Voting Act, or Republic Act 9189, does not allow it. An amendment to the current overseas absentee voting law is needed to enable the Commission on Elections (Comelec) to adopt the appropriate technology that will allow Filipinos abroad to cast their votes in a faster and more convenient manner. 4. Erecting a Building of Its Own for the Comelec Main Office and its Field Offices - Among all the Constitutional continued on page 14
ms do we prove our
There are ways to motivate those of voting age, to register as a voter, and those who are registered to really exercise their right to vote. One way is to impose voting as a pre-requisite for the issuance of a needed document or certification, like requiring a certificate or proof of having voted as one requirement for graduation, or for issuing a marriage license, or a drivers license, or for some other relevant licenses which the populace usually applies for. The size of the electorate turnout can be maximized if favorable voting conditions are provided to them, barring poor weather. The best personnel who can provide favorable voting conditions are teachers assigned on the field, policemen monitoring the electoral exercise, and the Comelec head assigned in the town or city. A reality which is not being addressed is that teachers, policemen and the Comelec head, once their partisanship comes in depending on who their appointing authority, can make things difficult for the voter. How? On his way to the voting center, a voter who resides in a rural area, for instance, can be easily blocked by the town policemens vehicle, easily discouraging him from continuing with his trip to vote. A call to the towns Comelec supervisor is not an assurance, continued on page 14
FRANCE: With their characteristic fraud, corruption, and misinformation, Philippine elections are also occasions for death and violence. Reforming the electoral process has become crucial to Philippine democracy. First, closely monitoring the campaign strategies of the political parties and candidates can reduce illegal electioneering and backroom scheming. According to Melvin Calimag of Pinoy Post, [s]ocial media is fast reshaping upcoming elections with civil society making great use of it through a hugely successful campaign against publicity-hungry or credit-grabbing politicians. Take the anti-epal drive, which went viral even before the official campaign period began. According to its implementing agency, the Department of Social Welfare and Development, epal refers to politicians who claim ownership of projects using taxpayers money by flaunting their names and faces on billboards and/or posters. It is important to note that both traditional and online media play a crucial role in shifting public attention to things that matter. Oftentimes, candidate-to-candidate questioning, rebuttals, and follow-up questions are taken for granted. This is why election laws should be strictly observed and critiqued so as not to confuse the public. Media-hyped issues are
Charlotte C. France, 4th Year BroadComm College of Mass Communication Incoming USC Councilor UP Diliman
quick to be forgotten. And in this period of election carnival, the public should exert every effort to vote for those who genuinely represent their interests. Second, voters education will help voters understand the implications of voting and the significance of exercising their right to vote. On the surface, qualified voters are informed of the registration requirements, the identification documents that are necessary for voting, and the logistical concerns including the date, time, and place of voting. What is more important, however, educating voters can protect them from the media gimmickry that characterizes political campaigns. It can be difficult for voters to critically evaluate the merits of candidates considering the volume of information, not to mention its quality or lack thereof, to which they are subjected. At the national level, Kabataan Party-list has launched several voters education initiatives to help voters from different sectors in different communities assess candidates, parties and issues. Educating voters is also a way to kindle non-voters interest and motivate them to participate and ensure a healthy democracy. At a time when more and more people are turned off by politics and the dirty tactics they associate with it, educating voters can help encourage their involvement through discussions on the basics of democratic processes. Lastly, the government should stress its comcontinued on page 14
otwithstanding Constitutional constraints, a select few clans have been keeping strongholds and strangleholds, governing local territories, and training family members to race for domination come national election time. The elite class customarily compete among themselves, like thugs protecting their respective turfs. However, the latter is cloak-and-dagger, underground and outlawed; while the former is suits-and-ties with guns-goons-and-gold and seemingly legal. But all is not what it seems.
be part of the law of the land and it is not necessarily the Congress that shall promulgate the rule. Lacson is the legal counsel of the AntiDynasty Movement (AndayaMo), which has urged the Comelec to disqualify (Rodrigo) Duterte (of Davao); Miguel Luis Villafuerte and his grandfather Luis Villafuerte of Camarines Sur; Dennis Pineda, the son of Pampanga Gov. Lilia Pineda; and brothers Rexon and Sherwin Gatchalian of Valenzuela.1 Lacson said that there are sufficient legal grounds to ban political dynasties. As of press time, the Comelec has acted on AndayaMos petition. It was raffled off to the Second Division of the Comelec chaired by Commissioner Elias Yusoph. The other member is Commissioner Grace Padaca. The other member is still unknown because two commissioners retired last February 2, said Lacson in an interview with the UP Forum. Hopefully, President Aquino will appoint two new commissioners by end of February. He added that the respondents are expected to present their answers to the
leave it to the people to decide how to use the government's money. So if the people decide, (for instance) that they do not need a health center, who are we to tell them otherwise? Don't forget this angle, Capuno reminds. What makes them good or bad is not necessarily because they are clan members. But because of the absence of a real competitor. That is the story here. If they're so bad, how can they persist? Either we are all fools for the longest time, or all of them are good sometimes. We must be really bad voters, for the longest time. Do you believe that?
Even when we've been able to replace presidents, walang improvement in the thinking? And why is there no clear answer? Kasi pilit ikinakahon sa iisang kahon. In fact there are many different boxes. They don't fit into one box. That is why for each success story, you have a horror story. The model we need is that there are many boxes. Rather than rhetoric or blanket condemnation, what Capuno's theory emphasizes is performanceparticularly, how good performance can be assured from public servants. What makes a candidate good or bad? he asks. Of course innate talent, but you don't know that in
the beginning. And both of them love their stay in power. That's a given. So what would force them to perform? There is little doubt in Capuno's mind. You notice the difference kung may competitor or not, right? They'd never work together, never intermarry, talagang pure opposition. They are a match power for power. That is real competition. And that's nice. --------------Email forum@up.edu.ph
NOTES:
1 Legaspi, Amita O. (2912, November 26). Miriam cries foul over Binay's 'perennial losers' statement. GMANews Online . Retrieved from http://www.gmanetwork.com/news/
story/283874/news/nation/miriam-cries-foulover-binay-s-perennial-losers-statement 2 Mendez, Christina. (2013, March 2). Miriam: Phl is world capital of dynasties. The Philippine Star. Retrieved from http://www.philstar.com/ headlines/2013/03/02/914827/miriam-phlworld-capital-dynasties 3 Abueva, Jose V. (2012, November 3). Dynasties threat to democracy. Inquirer Opinion. Retrieved from http://opinion.inquirer. net/40084/dynasties-threat-to-democracy 4 Villanueva, John Emmanuel. (2012, October 4). Family affairs: The two faces of political dynasties. BusinessWorld Online. Retrieved from http://bworldonline.com/ content.php?section=Beyond&title=Familyaffairs:-The-two-faces-of-political-dynasties&id=59508
erda, said that a distinction should be made between good and bad political dynasties.Not all dynasties are bad; not all dynasties are good and that banning outright candidates with the same family names should be studied. Lacierda claimed that Team Pinoy candidates have proven themselves in public service and private sector, and it was up to the electorate to vet their qualifications. Lacson said that AndayaMo filed the petition against the aforementioned six individuals because the Constitution does not make a distinction between good and bad political dynasties and that all political dynasties are prohibited under the Constitution. He added that for as long as the rules and regulations are restricted on those clear and obvious cases of political dynasties, those cases that fall within the meaning of political dynasties as understood by the framers of the Constitution, It is my considered view that the Comelec has the
power to promulgate them. In 1986, the biggest problem of our country was the dictatorship. Today, the biggest problem of our country is the small dictatorships in the form of political dynasties who rule and control the cities, towns, provinces and congressional districts in the country, said Lacson. However, it shall be noted that most politicians and bureaucrats have local bulwarks and provincial strongholds that serve as the foundation of their elaborate national rule. Remember former President Gloria Macapagal-Arroyos alleged electoral fraud partners-in-crime who have remained unpunished? Never forget that the Ampatuan clans notoriety alone tells a lot about how basic units of society as small dictatorships are actually Frankensteins monsters of dictatorship on a grand scale. --------------Email forum@up.edu.ph
NOTES:
1 Tubeza, Philip C. (2013, February 5). Disqualification cases filed vs. Duterte, 5 other 'political dynasts'. Philippine Daily Inquirer.
Retrieved from http://newsinfo.inquirer. net/353129/disqualification-cases-filed-vsduterte-6-members-of-prominent-politicaldynasties#disqus_thread 2 Legaspi, Amita O. (2013, February 26). Comelec 2nd division to decide on disqualification petition vs 6 members of political clans. GMA News Online . Retrieved from http://www. gmanetwork.com/news/story/296722/news/ nation/comelec-2nd-division-to-decide-ondisqualification-petition-vs-6-members-ofpolitical-clans 3 Burgonio, TJ. (2013, January 31). Malacaang defends political dynasties. Philippine Daily Inquirer . Retrieved from http://newsinfo. inquirer.net/350097/malacanang-defendspolitical-dynasties 4 Bishops lash out at lawmakers defying law. (2013, January 30). The Manila Times.net. Retrieved from http://www.manilatimes.net/ index.php/news/top-stories/40438-bishopslash-out-at-lawmakers-defying-law 5 Legaspi, Amita O. (2013, February 26). Comelec 2nd division to decide on disqualification petition vs 6 members of political clans. GMA News Online . Retrieved from http://www. gmanetwork.com/news/story/296722/news/ nation/comelec-2nd-division-to-decide-ondisqualification-petition-vs-6-members-ofpolitical-clans 6 Lacorte, Germelina. (2013, February 7). Duterte to anti-dynasts: Why not include Aquino? Inquirer Mindanao. Retrieved from
Tuazon, Bobby. (2012 September). Election 2013: Horizontal and Vertical Expansion of Political Dynasties. Issue Analysis: Policy Study, Publication and Advocacy (PSPA), 3. Retrieved from http://www.cenpeg.org Tuazon, Bobby. (2012, September). Clan politics vs. new politics. Issue Analysis: Policy Study, Publication and Advocacy (PSPA), 3. Retrieved from http://www.cenpeg.org Tuazon, Bobby. (2012). Six Centuries of Political Dynasties: Why the Philippines will Forever be Ruled by Political Clans? Issue Analysis: Policy Study, Publication and Advocacy (PSPA) [Powerpoint Slides]. Retrieved from http://www.cenpeg.org Tuazon, Bobby et.al. (2012). 15th Congress: Making it Bigger: A New CenPEG Study of the 4th State of the Presidency. Issue Analysis: Policy Study, Publication and Advocacy (PSPA). Retrieved from http;//www.cenpeg.org Tubeza, Phillip C. (2012, February 5). Disqualification cases filed vs Duterte, 5 other political dynasts. Inquirer News. Retrieved from http://newsinfo.inquirer.net/353129/ disqualification-cases-filed-vs-duterte-6members-of-prominent-political-dynasties
http://newsinfo.inquirer.net/354315/duterte-toanti-dynasts-why-not-include-aquino 7 Burgonio, TJ. (2013, January 31). Malacaang defends political dynasties. Philippine Daily Inquirer . Retrieved from http://newsinfo. inquirer.net/350097/malacanang-defendspolitical-dynasties
batas. Otherwise we will see [in] every election so many applicants seeking accreditation with the Comelec, he added, recalling that in 2013, more than 300 organizations applied for registration/accreditation. By applying the eight guidelines for the selection/ accreditation of a party-list, the 300 were reduced to 123, with 40 of those
nagiging messy. The law has to be improved, Sarmiento reiterated. As for anything else that can be done to clear up the party-list system, one is for Congress, after the election, to sit down and review this law, for our lawmakers to study the Comelec resolutions that undertook efforts to refine it. Kasi may mga resolutions kami eh
Photo from the UPSIO
groups, to further improve this law. Other than that, wala na akong nakikitang way, unless you want to abolish the party-list [system]. Youll need to amend the Constitution. Madugo din naman yun. As popular as the call to do away with the party-list system is among frustrated commentators, Sarmiento cautioned against such radical moves, which can be compared to throwing the baby out together with the bathwater. There is good [in the party-list system]. Pang-balance din ang partylist ehI mean yung tunay na partylistsa political partiesKung wala namang ganoon, eh di old Congress ito, before Martial Law. But because of the party-list, kahit paano, nakakabalance silaso may kagandahan. Ngayon, kung lalong gumanda ang batas, lalong gaganda ang papel ng party-list sa Kongreso. After all, the Filipino-style partylist is a work in progress, capable of evolving over time and often in fits and starts. Everything is not hopeless for the party-list system. I see a ray of light, a ray of hope, provided there is strong political will on the part of lawmakers. So we learn from people, their sentiments about the party-list. We learn from the initiatives and efforts of Comelec. Hopefully after 2013, [and] before 2016, we [will] have a muchimproved party-list system in the Philippines. Filipino-style, he added with a smile. --------------Email forum@up.edu.ph
Fred Dabu
lakhan ng gastos ay para umano sa mga patalastas sa television networks, kung saan halos Php500,000 ang binabayaran sa 30-segundo hanggang isang minutong patalastas, bilang pangunahing daluyan ng impormasyon. Ang pagtayang ito ay 66 porsiyentong mas mataas kaysa sa Php1.2 bilyong ginastos ng mga pulitiko para sa media ads noong 2007, ayon sa ulat ng Deutsche Bank AG/Hong Kong nitong Enero. Balikan natin ang mga pagsusuring nauukol sa pagbaha ng pera tuwing may halalan. Patampukin natin ang ginagastos ng mga kandidato sa pagka-senador upang unawain ang pampulitikang kalakaran sa bansa. Magkano nga ba ang political ad spending ng mga kandidato't partido noong eleksyong 2010 at 2007? May nalalabag bang election laws batay sa laki ng gastos sa pangangampanya? Anuano ang mga aral at rekomendasyong mabubuo upang maisaayos ang kalakaran ng halalan sa bansa? pagbili ng boto. Iniulat din ng PAP na hindi ganap na naipatupad ng Comelec ang mga nakatakdang patakaran at batas para sa campaign finance. Tinatayang gumastos ng Php1.86 bilyon ang mga kandidato sa pagka-senador para sa kanilang mga political ads noong 2007. Php1.1 bilyon o 59 porsiyento nito ay gastos ng Team Unity (TU) na kaalyado ng administrasyon at ito'y higit pa sa pinagsamang gastos ng katunggaling Genuine Opposition (GO) at iba pang kandidato. Kalakhan ng pondo ay ginastos para sa mga patalastas sa telebisyon, 27 porsiyento ang sa radyo at isa lamang sa pahayagan. Halos Php400,000 ang singil sa bawat minutong patalastas sa telebisyon. Sa tantiya ng PAP, sina Prospero Pichay (gumastos ng Php162 milyon) at Manuel Villar (Php156 milyon) ang may pinakamalaking gastos para sa political ads habang sina Gregorio Honasan at Antonio Trillanes III ay gumastos lamang ng Php7 hanggang Php11 milyon. Iniulat ng PAP na hindi rin garantiya sa pagkapanalo sa halalan ang pagbuhos ng pera sa patalastas dahil anim lamang sa mga naitalang pinakamalaking gumastos sa political ads ang nahalal na senador. Inihalimbawa din ng nasabing pagaaral nina Ballester, et al., ng NEDA na ayon sa ilang Statement of Election Expenditures noong 2004, ang gastusin ng isang kandidato sa pagkasenador ay aabot sa Php94,730,976, kung saan Php17,122,922 ang gastos sa Election Paraphernalia, Php69,432,798 para sa Media, Php 3,037,876 para sa Meeting and Sorties, at Php5,137,380 para sa Administrative na mga pangangailangan. Malinaw sa mga ulat ng PCIJ na mahigit sa daang-milyong piso ang ginagastos ng mga nangungunang kandidato para sa pagka-pangulo, pangalawangpangulo at senador sa political ads pa lang. Hindi pa kasama sa nasabing kuwenta ang gastos para sa mga campaign paraphernalia, suweldo at pagkain ng mga empleyado at taga-suporta, kagamitan sa kampanya, transportasyon, at marami pang ibang gastusin. Sinuportahan ng pagsusuring ito ang inilathala ng PAP noong 2008. Ayon sa PAP, ang malawakang paglabag sa campaign finance laws at kakulangan sa pagpapatupad ng mga ito ay nagreresulta sa labanan sa pagitan ng kung sinu-sinong mga kandidato at partido ang mayroong kakayahang gumastos kaysa sa kung sinu-sino ang mas may magandang plataporma de gobyerno o kakayahang makapagsilbi sa bayan. Ang kalakaran sa pulitika tuwing halalan ay maihahalintulad sa pamumuhunan sa negosyo. Kaakibat nito ang pagkaka-kompromiso o paglalagay sa alanganin sa demokratikong proseso ng pagpili ng mga pinuno ng bansa, pagkontrol ng iilang may pansariling interes sa mga pinakamataas na katungkulan sa gobyerno, at maging ang korapsyon sa iba't-ibang antas.
Photo from http://news.bbc.co.uk/2/shared/spl/hi/pop_ups/07/asia_pac_enl_1179084431/html/1.stm
Ayon sa pagsusuri ni Malou Mangahas ng PCIJ, hindi lubusang naipatutupad ang batas hinggil sa campaign finance, at madaling napapaikutan o nalulusutan ng mga kandidato ang nasabing batas.5 Ani Mangahas, itinatakda ng batas hinggil sa campaign finance kung hanggang magkano ang maaaring gastusin ng bawat kandidato at partido sa panahon ng kampanya, sinu-sino ang maaaring tumanggap ng mga donasyon, anu-ano ang maaaring pagkagastusan, at iba pang mga patakaran. Dapat daw ay hanggang Php10 kada botante lamang ang maaaring gastusin ng bawat kandidato sa pagka-pangulo, pangalawang-pangulo at senador. Dagdag pa rito ang Php5 kada botante na maaaring gastusin ng kanyang partido. Sa tantiya ng PCIJ, hanggang Php750 milyon lamang ang maaaring gastusin ng mga kandidato sa mga nasabing posisyon, kasama na rito ang kontribusyon ng kani-kanilang partido pulitikal, noong halalan 2010. Iniulat ng PCIJ na marami sa mga Statements of Electoral Contributions and Expenses (SECE) ay hindi kumpleto o kaduda-duda, matapos nitong tingnan ang mga SECE ng mga kandidato mula 1998 hanggang 2010. Ang pagsumite ng SECE ay sang-ayon sa
botante ang mga kandidato, at idagdag pa dito ang Php5 kada botante na maaaring gastusin ng mga partido pulitikal. Ang mga kandidatong walang kinabibilangang partido naman ay pinahihintulutang gumastos ng Php5 kada botante, ayon sa Republic Act 7166. Sa tayang 52,002,730 bilang ng botante ngayong taon, hanggang Php156 milyon ang maaaring gastusin ng mga kandidato sa pagka-senador na may partido pulitikal, habang Php260 milyon ang maaaring gastusin ng mga independent na kandidato maging ng bawat partido pulitikal. Bagamat masasabing hindi lumalabag sa batas ang mga kandidato at partido dahil ang mga halagang naitatala sa mga SOCE na isinusumite sa Comelec ay hindi lumalagpas sa naaayong kuwenta, masasabing sukdulan at imoral pa rin ang paggastos ng napakalaking halaga tuwing kampanyahan at halalan. Kung iuukol sa mga batayang serbisyo tulad ng pagkain, edukasyon, pabahay at pangkalusugan, ang halimbawang Php15 bilyong gastos tuwing halalan ay maaaring maging mas kapaki-pakinabang sa sambayanan. Pagsusuri mula sa NEDA na rin ang nagsasabing napakaliit na ambag sa ekonomiya lamang ang dulot ng napakalaking gastusang nagaganap kada tatlong taon.
Para sa ordinaryong Pilipino, para sa kalakhan ng populasyon na nakararamdam ng kakapusan, kahirapan, pagkagutom at pagsasamantala sa araw-araw na pamumuhay, ang mga nasabing kalakaran sa pulitika at napakalaking pagkakagastusan ay sukdulan pa ring nakababahala. --------------Email forum@up.edu.ph
Notes:
1 Ballester, Richard Emerson, Bartolazo, Michael, Calumpang, Melanie, Ganapin, Bien & Namingit, Sheryll. (2010, October). A Study on the Impact of Election Spending on the Philippine Economy. National Economic Development Authority (NEDA). Retrieved from http://www.google.com/url?sa=t&rct=j& q=A+Study+on+the+Impact+of+Election+Sp ending+on+the+Philippine+Economy.&sourc e=web&cd=2&ved=0CDkQFjAB&url=http%3A %2F%2Fwww.nscb.gov.ph%2Fncs%2F11thN CS%2Fabstracts%2Finvited%2FMeasuring% 2520Economic%2520Progress%2FABSTRA CT_Ballester_Bartolazo_et_al_Impact%2520 Elections%2520Spending.pdf&ei=r2Y5UcrbHyciAe70YGADg&usg=AFQjCNEdkZy0DfAoC9uCttG86TggaXJ2A 2 Cabacungan, Gil C. (2013, February 1). Political ad spending to hit P2B; GMA 7, ABS-CBN to get bulk. Philippine Daily Inquirer. Retrieved from http://newsinfo.inquirer.net/350615/ political-ad-spending-to-hit-p2b-gma-7-abscbn-to-get-bulk 3 De los Reyes, Che. (2010, May 26). Natl bets splurge P4.3B, local bets P162M on ads. Philippine Center for Investigative Journalism (PCIJ). Retrieved from http://pcij.org/stories/ nat%E2%80%99l-bets-splurge-p4-3b-local-
itutuloy sa pahina 14
agsagawa ng monitoring at pag-aaral tungkol sa eleksyon at campaign finance, o campaign spending, ng mga pulitiko noong 2007 ang grupong Pera at Pulitika (PAP). Dalawang lebel ang aming ginawaisa sa antas lokal, para sa mga kandidato na tumakbo sa lokal na posisyon, at isa sa antas nasyunal, para sa mga tumakbo sa pagkasenador. (Hindi namin kayang i-cover pa yung party-lists na nasa antas national din.) Napatunayan namin na napakahirap i-monitor o subaybayan ang kanilang expenditures, dahil sa TV ads pa lamang ay kailangang tutukan buong araw para makita kung ilang ads nila ang lumabas. Ang pinakamagandang paraan ay mag-commission ng grupo na sadyang gumagawa na ng ads monitoring. Ito ay ang TV ratings firm na AC Nielsen. Isang function nito ay i-monitor ang commercials sa TV. Sinuri namin ang data mula sa AC Nielsen at lumabas kung magkano ang ginagastos ng isang kandidato doon pa lamang sa TV commercials. Nalaman din namin na ang TV commercial ang pinakamahal na pamamaraan ng kampanya, kasunod nito ang mga radio commercials. Dalawa lamang ito sa malaking ginagastusan ng mga kandidato. May iba pang pinagkakagastusan sa kampanya, gaya ng mga rallies at sorties, kung saan umiikot sila sa buong bansa at mga key cities. Namimigay din sila ng t-shirts, pamaypay, at iba pang mga items. Ang pamasahe sa pag-ikot nila ay bahagi ng campaign spending. Lahat nang ito ay napakahirap i-monitor. Kahit sinubukan naming makipag-ugnayan sa kanilang staff, mahirap makakuha ng transparency kung magkano lahat ang gastusin o expenses. Sinabi nila na ang kanilang pondo ay galing din naman sa maraming donors, kaya sila mismo ay nahihirapang tukuyin lahat ng spending. Tinutukan namin ang tv at radio commercialsang pinakamalaking chunk ng expenditures ng national candidates. Sa mga local candidates, gumawa kami ng monitoring sa mga piling lugar kung saan medyo kritikal ang eleksyon by tradition. Natukoy namin sa Metro Manila ang Malabon, Navotas, Pasig, at Quezon City at sa labas naman ng Metro Manila ay Abra na masasabing election "hotspot." Dahil sa resource constraint, Metro Manila muna ang tinutukan namin. Mas madali ring i-monitor ang lokal na kampanya. Tiningnan namin ang datos sa national at local levels at ikinumpara sa expenditures na pinahihintulutan sa batas. Sinuri namin ang mga gastos na iyon kung pinahihintulutan sa ilalim ng campaign finance laws at kung ipinapatupad ba ang batas sa aktuwal na kampanya.
Lumabas na, una, may ilang problema sa batas dahil mahirap itong ipatupad kung hindi naman makakapagsumite ng makatotohanang ulat ng spending ang mga kandidato. Maraming kandidato na hindi sumusunod sa itinatakda ng batas. Ikalawa, kung meron namang isinumiteng report sa Comelec, paano naman mapapatunayan kung ito ay kumpleto at makatotohanan? Dapat may mekanismo at tauhan ang Comelec upang maisagawa ito. Nakita namin na kulang ang mekanismo at tauhan sa Comelec upang i-monitor ang campaign finance. Batay sa aming pagsusuri, naglabas kami ng ilang mga rekomendasyon: 1. Kailangang magkaroon ng sapat na mekanismo at tauhan ang Comelec upang maayos na maipatupad ang batas. 2. Napapanahon nang repasuhin kung ang nakasaad sa batas na allowable expenses ay makatotohanan pa ba o hindi na. Ayon sa batas, pinapayagang gumastos hanggang P3 kada botante ang isang kandidato at kung ang kandidato ay miyembro ng pulitikal na partido, pinapayagan siyang gumastos hanggang P10 kada botante. Mukhang doon pa lamang sa gastos sa tv commercials, maraming kandidato na ang lumalabag sa batas. 3. Alinsunod sa batas, kailangan ding magreport ang mga donors ng kandidato. Noon, hindi ito ginagawa, hindi sila nagsusumite ng ulat. Compliance ang problema. Nanawagan kami na bigyan ang Comelec ng angkop na kapangyarihan, sa pamamagitan ng mekanismo, tauhan at unit o opisina na magpapatupad ng batas sa ilalim ng campaign finance monitoring. 1. Nagtagumpay ang PAP na ipakita sa publiko ang kahalagahan ng aspeto ng campaign spending. Hindi patas ang kampanya, kaya kailangang i-regulate o pangasiwaan ang campaign spending para maging patas ang laban. 2. Malaking tulong ang media. Tinatanong nila sa mga kandidato kung magkano ba talaga ang ginagastos sa kampanya. Naisusulong nito ang transparency. 3. Nagising ang Comelec na kailangan pala nitong palakasin ang komisyon upang maipatupad ang batas. Dahil sa ganitong advocacy, tumugon ang Comelec. May itinatag ang Comelec na campaign finance monitoring unit. Noong eleksyon 2010, nagsumite na ang mga kandidato ng kanilang report sa Comelec. Inilathala sa mga pahayagan kung magkano ang kanilang ginastos at sinubukan din nilang maging bukas o transparent hinggil sa campaign spending. Nagkaroon ang mga taokandidato, media, Comelecng kamalayan tungkol sa campaign spending. itutuloy sa 14
commissions, the Comelec is the only one without its own building. Having a building of its own will enable the commission to draw up long-term plans that will help professionalize the work environment. 5. Developing a More Transparent and Credible Electoral Dispute Adjudication - One of the primary functions entrusted by the Constitution to the Comelec is to resolve electoral disputes. However, it is essential to reform the election dispute resolution system to expedite the resolution of cases. A revised automated case management system which includes case initiation and indexing, docketing, scheduling, document creation, calendaring, hearings, disposition and post disposition compliance and records management must be put in place. --------------Email comm_tagle@comelec.gov.ph.
exercise helped voters escape the trap of last-minute name recall (as a result of a nagging jingle, political lineage, celebrity status, or mere popularity) while casting the ballot. A Pulse Asia survey released early this February bared that two-thirds of Filipinos still had not completed their list of preferences for senators. Clearly, there is room for engaging the electorate into a careful
for she is helpless to go on her own to the mountainside to enforce the law. And she cannot leave behind a myriad of complaints going on in her office. And once the voter arrives at the voting center, he is not assured that the teacher did not allow people who will monitor his vote access inside the center. Yes, parties are entitled to watchers. But is this always how it should be? A voting condition riddled with obstacles? During election time, there must be a better way of assigning teachers and policemen and Comelec heads in towns or cities, without them being beholden to the administration or whoever is the appointing authority of these officials. And maybe, once these reforms are instituted, voters will be more encouraged to freely and inteligently exercise their right to vote, and we will have a
mitment to empowering the youth. The youth face uncertainty in such concerns as access to education and other social services, job security, and economic stability. Nowadays, it is undeniable that technology is making it easier for politicians to influence the youth and this can be maximized so that more young people exercise their right to vote and have their voices heard. With their easy access to social media, the youth are a potent shaper of public opinion. The youth vote is dynamic; recent trends in voters registration show interesting advances in voting habits. Of the more than 52 million registered voters, about half belong to the youth or those aged 18 to 33, according to a recent Yahoo! article. The political candidates should not detach themselves from the concerns of this sector because their loss or victory can depend on the support of the youth. These suggestions for reform can do no harm but they can also do no good if not combined with concrete actions to change the socioeconomic foundation of the system which would pave the way to really transforming Philippine elections and making them legitimate contributions to the making of genuine democracy. --------------Email absie.eligio@gmail.com.
Sources:
Calimag, Melvin. (2013, March 12). Philippine Elections in the Age of Social Media. ZDNet. Retrieved from http://www.zdnet.com/ph/ philippine-elections-in-age-of-social-media7000012443/ Pacpaco, Ryan. (2013, January 5). Anti-Epal Drive of DSWD is Hit. Journal Online. Retrieved from http://www.journal.com.ph/ index.php/news/headlines/42340-anti-epaldrive-of-dswd-hit Significance of the Youth Vote. (2013, February 14). Yahoo Philippines, taken from Manila Bulletin. Retrieved from http://ph.news.yahoo. com/significance-youth-vote-113215851.html
even if you have the best intentions, skills, talent, or fervor. Much has been said about our lack of real political parties. Everybody gravitates to whos in power and then they shift loyalties. We have not institutionalized our political parties. What we have now are mere factions of the same. They dont fulfill the basic requirements of a political party, the ideology, membership, disciplineits only a mechanism that comes alive only during elections. In analyzing campaign finance reform, we should have a holistic view of the issue. How do you make elections less expensive? How do you democratize the process? How do you provide access to those who dont belong to political dynasties or those who dont have the funds? These are interlinked. -------------------Ang awtor ay secretary general ng Eastern Regional Organization for Public Administration; propesor sa Pambansang Dalubhasaan ng Pamamahalang Pambayan ng UP; at senador ng Republika ng Pilipinas (1987-1998). Padalhan siya ng email sa forum@up.edu.ph.
personnel sa Comelec, kung saan administrative at management ang kailangang bigyan-pansin ng pamahalaan. Pangalawa, dapat susugan ang pagrepaso ng campaign law sa Senado at Kongreso upang malaman kung ano ang kailangang baguhin. Kailangan rin ng malawakang education/information campaign para sa publiko, partikular sa pagpili ng kandidato na may kinalaman sa excessive campaign spending, at ang patuloy na pagbabantay ng publiko sa mga ginagastos ng kandidato para sa kampanya. -------------------Ang awtor ay dekana ng Pambansang Dalubhasaan ng Pamamahalang Pambayan ng UP. Padalhan siya ng email sa forum@up.edu.ph.
Ngayong eleksyon 2013, maingat na rin ang mga kandidato dahil may memorandum ang Comelec kaugnay ng campaign finance at paglalagay ng campaign ads sa designated spaces. Binawasan din ang bilang ng minuto o oras
para sa radio commercials. Tutol dito ang ilang kandidato pero nakikita natin ngayon ang resulta ng nasimulan ng PAP noong 2007. Naging mas vigilant o mapagbantay ngayon ang Comelec at civil society groups at tumaas ang kaalaman ng publiko kaugnay ng campaign spending. Ngayong naitayo na ang campaign finance monitoring unit ng Comelec, may continuing policy reforms na kailangan pa. Una, dapat lagyan ng corresponding budget para sa campaign finance monitoring unit, for hiring of
n the age of climate change, in much of the world the term hotspots refers to areas most endangered by environmental degradation. But in Philippine elections hotspots refers to areas where electionrelated violence incidents are most likely to occur. Climate change can therefore mean the shifting of the culture of Philippine elections from the dominance of guns, goons and gold to a peaceful and orderly process. As early as January this year, the Philippine National Police (PNP) had already identified 889 hotspots, or areas of concern
Capital Region (NCR) with six. According to the PNP, these areas of concern have been so identified because of the number of election-related violent incidents, heightened political rivalry between contending groups, the proliferation of firearms, and the presence of private armed groups. But the declaration of some areas in the country as hotspots is merely a preventive measure on the part of the Commission on Elections (Comelec), the PNP and the armed services. The intention is to prevent the escalation of an already existing climate of fear,
Number of anticipated May 2013 election hotspots per region. Data from GMA News Online.
in the May 2013 electionsup from the 509 it identified late last year. Of this number, 106 areas in the Ilocos region have been designated as among those which must be closely monitored for election-related incidents of violence and intimidation. This is followed by 88 areas in Eastern Visayas and 83 in the Autonomous Region for Muslim Mindanao (ARMM).
intimidation and violence. The Consortium for Electoral Reforms and Vote Peace noted that the highest number of election-related violent incidents during a campaign period was in 2004, when 289 incidents resulted in 143 deaths and 252 people injured. There were 269 incidents of election-related violence in 2001, with 111 dead and 293 injured.
104 deaths and 122 people injured. This was a 42.5percent decrease from the 226 incidents of electoral violence recorded in 2007. CER, Vote Peace and the PNP said that the reduction in electoral violence incidents in the 2010 automated polls was the first since 1998. The election reform advocates also attributed the development to the effective implementation of the election gun ban by the PNP and AFP. But it is important to point out that while there was a reduction in election-related violence incidents in 2010, the figures were still cause for concern. While during the 2010 election campaign the people in such areas as Masbate, Abra, Nueva Ecija, Samar, Sulu and Lanao del Nortelong known to be violence flashpointswere able to exercise their right of suffrage with a dramatic reduction of violent cases, there was, on the other hand, the continued outbreak of violence in areas like Lanao del Sur and Zamboanga Sibugay. But three years have passed since then and arguably much has changed not only in
if they can put on track this year the electoral climate change of dramatically reduced violent incidents that characterized the 2010 election. -------------------Email forum@up.edu.ph.
NOTES:
1 Cayabyab, Marc Jayson. (2013, January 11). PNP Declares 889 areas as hotspots for May polls. GMA News Online. Retrieved from http:// www.gmanetwork.com/news/story/289841/
Number of election-related violence incidents during the 2010 campaign period. Data from ABSCBNNews.com Incidence of election-related violence from 1998-2010, as recorded by CER and Vote Peace. Data from Newsbreak, as published on ABS-CBNNews.com.
Among those considered less alarming, but which still need close monitoring, are the Zamboanga Region with 28 hotspots, the Caraga Region with 26, and the National
CER and Vote Peace noted that the incidence of violence during the campaign period (January to May) fell in 2010, when there were only 130 incidents resulting in
the social, political and economic landscape of the country, but also in how ordinary citizens view the exercise of the right to suffrage. It remains to be seen how the Comelec, the PNP and the AFP will succeed in making the 2013 elections relatively peaceful
news/nation/pnp-declares-889-areas-ashotspots-for-may-polls 2 Somoso, Maki. (2010, May 25). Post-massacre gun control led to less violence on election day. Newsbreak, as published on ABS-CBNNews. com. Retrieved from http://www.abs-cbnnews. com/nation/05/25/10/post-massacre-guncontrol-led-less-violence-election-day 3 Ibid.
Corrections on page 6 of the November-December 2012 issue of the UP Forum in the sidebar "Professors Emeriti of UP Baguio," in the section on Dr. Elsie C. Jimenez: 1. The sentence "She started her career by teaching Mathematics 14 (Trigonometry) and Biology 121 Lab (Plant and Animal Physiology Lab) in UPB..." should read: "She taught chemistry courses, her area of specialization, and also Mathematics 14 (Trigonometry) and Biology 121 Lab (Plant and Animal Physiology Lab)..."
E R R ATA
2. The name "Baldomera" in the sentence "She co-authored with Baldomera and other scientists..." should be "Olivera." 3. "Dangal ng Lahi" in the last portion of the article should read "Dangal ng Lipi." 4. The word "conantoxin" should read "conantokin." In the print version of the same issue, the author's byline on page 16 should read Amy Bonifacio Ramolete, not Romolete. Our apologies.
The UP FORUM
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UP Padayon sa Halalan
Alfredo E. Pascual
throughout its six constituent universities and one constituent college to provide election information, analysis, research, expert opinion, and candidates forums for what is shaping up to be a most important political exercise in our countrys history. We want to make a difference in this election by helping voters make informed decisions when they go to the polls in May 2013. Decisions that are based not on myths and stories presented in candidate sponsored telenovelas, not on branding through 15-second television advertisements, not on national surveys, but on their analysis of problems, policy positions, and programs on issues that really affect our lives. This is the Tatak UP that we want to imbed in this election. Our Tatak UP will also be shown through the Padayon UP sa Halalan 2013 website which will be launched soon. This website will serve as a one-stop-shop for election information including election facts and figures, candidates videos and platforms, think pieces from UP experts, and researches on election issues that will put the 2013 elections into better perspective. This microsite will be posted in the websites of the UP System, its constituent units, UPAA chapters all over the world, and will be shared with
Editor's Note: This message was delivered at The Rundown: The 2013 Senate Elections Forum on February 7, 2013 at the GT-Toyota Auditorium, Asian Center, UP Diliman. The event was organized by the UP Economics Society, with the support of the Office of the Vice-President for Public Affairs, and forms part of the UP Halalan 2013 project to promote honest, credible and empowering elections. t is my honor to welcome you all to The Rundown: The 2013 Senate Elections Forum and my privilege to congratulate the UP Economics Society (UP EcoSoc) for organizing this event which forms part of UPs continuing effort to promote an honest, credible, and empowering May 2013 election through voters education. I would also like to thank our distinguished senatorial candidates for coming over today. I know that you have been trying your best to find time for all the hundreds of election-related invitations sent to your office in the past weeks and months. Your presence here today is a gesture of good faith to our young people and an affirmation of your deep concern about the issues that concern them. Your decision to be with us this afternoon gives us hope that the leadership we deserveone that is based not on connections and rhetoric, but on integrity and solutionsis close at hand. Today's event is really all about our students, particularly the EcoSoc and the School of Economics. They were the ones who conceptualized, organized, spent sleepless nights, drank tons of coffee, made frantic phone calls to confirm attendance, and implement this senatorial forum. You must remember that they are competing with many other students groups, television stations, civic organizations, and local governments in inviting senatorial candidates to debates. The presence here today of the whos who among our senatorial candidates is the best proof of their competent work. Let us all give a well-deserved round of applause to UP EcoSoc and the School of Economics. As you all know, UP has recently partnered with the Comelec, ABS-CBN, and other media organizations to aggressively work for clean, credible and empowering elections in 2013 through voters education. This initiative forms part of our public service responsibilities under the UP Charter and consistent with our mandate under RA 9500 to provide our unique and distinctive leadership in higher education and development. For the first time in our history, UP is mobilizing the services and expertise of its over 6,000 faculty and staff, close to 52,000 students, and some 300,000 alumni
ABS-CBN and Comelec. Ladies and gentlemen. The late US President John F. Kennedy, speaking before a crowd of 30,000 in Vanderbilt University in Nashville, Tennessee on 18 May 1963, reminded Americans of their roles and responsibilities as citizens when he said (and I quote)the ignorance of one voter in a democracy impairs the security of all." In this historic speech, Kennedy asserted that it falls to the educated man to assume the greater obligation of citizensthe pursuit of learning, and public service. This afternoon, it is our students who are taking up Kennedys challenge of citizenship half a century ago by promoting issue-based voters education. The UP leadership fully supports this initiative. I ask all of you to do your part by listening intently, by asking the difficult questions on the pressing issues facing the country, by actively participating today, and exercising informed choice come Election Day, to show our leaders that we deserve better than politics as usual. If we all work together towards empowerment, we will surely elect the leaders we want. Let me close this message by saying: Let the debates begin! Mabuhay ang Rundown 2013! Mabuhay ang Halalan 2013 project! Padayon UP!