THE PARTY-LIST SYSTEM: A SOCIAL JUSTICE TOOL
(Paper Presented During the Center for People Empowerment in Governance Discussion on an Assessment of the Philippine Party-List System, Balay Kalinaw, University of the Philippines, November 29, 2007)

By Rene V. Sarmiento
COMELEC Commissioner

On behalf of the Commission on Elections (COMELEC), I wish to convey our heartfelt gratitude to the Center for People Empowerment in Governance (CenPEG) for realizing the need to revisit and evaluate the Party-list system in the country and for seeking the initiative to work hand in hand with the COMELEC in the noble purpose of harnessing the system’s “full potential according to the spirit of the Constitution.”

Indeed the Party-List System is still a work in progress, a labor of love in motion, a blossoming flower that needs the active participation of all stakeholders if we are to see it in full bloom.

As we all know Republic Act No. 7941 which was enacted in 1995 provides that the State shall promote through the Party-list system, proportional representation of marginalized and underrepresented sectors in our society to the Philippine Congress. Further, the State is mandated to “develop and guarantee a full, free and open party system in order to attain the broadest possible representation of party, sectoral or group interests in the House of Representatives by enhancing their chances to compete for and win seats in the legislature, and shall provide the simplest scheme possible.”

The party-list system, a social justice tool and a people empowerment vehicle, is a window for the Filipino poor to partake in the affairs of the State (Congress) which is traditionally dominated by parties with well-oiled and funded electoral machineries. With it, they are provided a shot in crafting laws and formulating policies that would benefit them and other neglected segments in our society.

The COMELEC, realizing that it is wrong to deprive the marginalized and underrepresented of the promise of the party-list system, knows fully well that a lot still has to be done to fulfill its mandated duties.

Among the COMELEC’s tasks that need improvement and a lot of help from non-government organizations and institutional partners such as the CenPEG, is the aspect of raising public awareness on the Party-List System.

But a lot has changed since the system was first introduced by law 12 years ago and after four party-list electoral exercises. We are slowly seeing a growing interest among the marginalized to participate in the party-list elections and this is very evident in the increasing number of parties that seek accreditation from our office.

During the last elections, we have seen the emergence of parties belonging to the lesbians, gays, bisexuals, vendors; tricycle drivers, and even education plan holders that applied for registration and accreditation in the COMELEC.

But not all can be registered and accredited in the COMELEC. The law is the law. In order to shield the party-list system from abuse, some restrictions were put in place. And the COMELEC, as the independent constitutional body that has exclusive charge over the conduct of elections in the country, has to abide by these rules.

As enunciated by the Supreme Court in its ruling in Ang Bagong Bayani-OFW Labor Party vs COMELEC, G.R. No. 147589, June 26, 2007, the poll body follows specific guidelines in the screening of party-list groups seeking accreditation from the COMELEC. The judicial guidelines are the following:

The political party, sector, organization or coalition must represent the marginalized and underrepresented groups identified in Section 5 of RA 7941;

Compliance with the declared statutory policy enabling “Filipino citizens belonging to marginalized and underrepresented sectors to be elected to the House of Representatives”;

The political party, sector, organization or coalition is not a religious sect or denomination;

A party or organization must not be disqualified under Section 6 of RA 7941 (Removal and/or Cancellation of Registration), which provides for 8 grounds for disqualification;

The party or organization must not be an adjunct of, or a project organized or an entity funded or assisted by the government;

The party must not only comply with the requirements of the law; its nominees must likewise do so;

It is not only the candidate, party or organization which must represent the marginalized and underrepresented sectors, but also the nominees; and

The nominee must likewise be able to contribute to the formulation and enactment of appropriate legislation.

Also, the multitude of people casting their votes for their choice of party to represent their interests is telling of the public’s mounting grasp of the system. During the last elections, there were 16,723,121 people who voted in the party-list compared to the 12,627,852 in 2004 and 11,434,554 in 2001.

One issue that has put the COMELEC and party-list groups in disagreement last 2007 national elections is the adoption of a new formula in determining the number of seats won by a registered and accredited party-list group. With all due respect to our friends and concerned parties, critiquing the COMELEC regarding the formula is a bit inappropriate because we are merely implementing the Supreme Court’s ruling in Veterans Federation Party vs COMELEC, G.R. No. 136781, October 6, 2000.

But as I have stated earlier, the Party-list system is still a work in progress. And all of us are called upon to contribute to the goal of seeing the system improved, enhanced and brought to its maximum potential.

Again, I commend CenPEG for consciously keeping the fire of debate and discussion burning in our collective desire of realizing a fully developed party-list system in the Philippines.

Salamat po!