Mistaken Identity: A Critical Analysis on the Party List Act of the

Philippines

This study aims to critically analyse the Party List Act or Republic Act

7941. Upon the institution of the 1987 Constitution after the downfall of the

Marcos Regime, election through popularity voting was re-instituted. The

election of the representatives of the house was reinstated, consequently,

the so-called “marginalized” were given voice in the congress. The party-list

system was introduced to the Philippine Republic, together with it, they were

given their representative that will be their voice in the lower house.

The party list system was said to be the representative of the

marginalized sectors of our society, but during the course of time and

several elections, there are some so-called party list with vague

representations. Aside from the dubious party list that had become a part of

the congress, there are representatives who were not part of the sector that

they are representing.

Background of the Study

The House of Representatives had been known as the representatives

of the people, or in simpler terms their constituents. The house is composed

of traditional congressmen who were voted by the constituents of the district

they are representing, and the party list congressmen who were nominated

by their parties.

The party list system was instituted through the 1987 constitution. It

was instituted in order that the marginalized will have representative who

will be their voice to air their grievances and desires for their sector. During

the course of time, the party list slowly gained popularity. From a small

number of party lists participating during the 1998 elections, it now grew to

about 200 party lists in 2010. The party list participating came from various

sectors, which includes the youth sector, the labour sector, women sector,

and even the LGBT community. Aside from the growing number of party list,

a growing number of politicians decided to take part in a party list.

Speculations were raised upon their entry into a system which should serve

for the marginalized sector not for those who are “well-off” in life.

Statement of the Problem

This study aims to critically analyse the Party List System Act of the

Philippines instituted by the congress as Republic Act 7941.

Do the representatives of the Marginalized Party represent the

marginalized and the underrepresented?

o What are marginalized sectors and who should represent them?

o Do members of Political clans should be allowed to run under the

party list system of the Philippines?

Is there a need for an amendment of Republic Act 7941?

Is there a need for the Anti-Dynasty Bill to be enacted?

Significance of the Study

This study aims to critically analyse Republic Act 7941 or the Partly List

System Act of the Philippines. It aims to explore the provisions and

limitations of the law enacted by the congress. Furthermore, the study aims

to identify the law as to it is beneficial to the Philippine Nation.

For the authority regulating the election in the Philippines, they can

formulate new guidelines to implement as to which party list and nominee to

accredit.

For the voters, that the voters can be help in choosing the rightful

party-candidate and the nominee that truly represent their sectors.

Scope and Limitations

The research is limited on the following:

Research materials from the library which includes textbooks,

jurisprudence from the Supreme Court, reference books.

Materials from the internet which includes resolutions of the

Commission on Elections, articles from different newspapers, as well as

decisions of the Supreme Courts.

The researcher deviates from quantitative analysis through surveys as

it would be tedious and time consuming, given that there is a limited

given time.

II. Review of Related Literature

A. Review of Related Literature

Marginalized Sector

The marginalized is a word of great controversy when it comes to the

party list system. It is claimed by many that a person to be considered to be

a nominee of a party list, he must first be a member or at least shared the

same experience as the members of the same party he is representing, but

the COMELEC viewed this otherwise, in the disqualification case against Juan

Miguel Arroyo, the commission held that among others, that a Filipino citizen, in

order to qualify as a party-list nominee, only needs to be a bona fide member of the

party or organization which he seeks to represent, for at least ninety (90) days

preceding the day of the election, and must likewise be at least twenty-five (25)

years of age on the day of the election. The COMELEC en banc also held that

Section 6 of Resolution No. 8807 is ultra vires, since the requirement that a

nominee belong to the marginalized and underrepresented sector he seeks to

represent is not found in RA 7941. Thus, it concluded that Arroyo possessed all the

requirements mandated by Section 9 of RA 7941.

The COMELEC do not see that there is a need for them to disqualify any

person who does not belong to the marginalized sector which his party wishes to

represents. Our law only states that a person must be a member of the party 90

days immediately prior election otherwise he is barred from entering the election.

In the case against Jovito Palparan, the court also ruled that the nominee of

the a certain party list need not to be a part of the marginalized and the

underrepresented but they should only be a member of the party they wish to

represent, this is the criterion set by the Party List System and nothing more.

Political Dynasty

Members of well-known political families have entered the party list system

in their effort to extend influence and power.

Political dynasty as described by Casino, through HB 3413, the

concentration, consolidation or perpetuation of public office and political

power by persons related to one another” and a Political Dynasty

Relationship as “a) when a person who is the spouse of an incumbent

elective official or a relative within the second civil degree of consanguinity

or affinity of an incumbent elective official holds or runs for an elective office

simultaneously with the incumbent elective official; and b) when two (2) or

more persons who are spouses or are related within the second civil of

consanguinity or affinity run simultaneously for elective public office, even if

neither is so related to an incumbent elective official.

It can be compared with pre-medieval times, wherein a monarch rules

a country or a kingdom, and his kin would succeed him, whether it is his

son or his brother. The Political Dynasty as described Merriam-Webster

Dictionary as rule by one family.

B. Theoretical Framework

In order to formulate better recommendation and solution to the

problem presented by the topic, the researcher’s study was based on the

laws which is in great relevance to the topic presented, which are; The Party

List System of the Philippines, The 1987 Constitution, and the Omnibus

Election Code.

The Party List System of the Philippines was enacted in 1995 in order

to lay down guidelines for the new system then to be adopted. The Party List

system basically stated the Rules and regulations that the COMELEC should

implement. The law specifically clarifies all the scopes that Omnibus Election

Code and he Constitution failed to mention. Further, the law, somewhat

amended the provisions provided for the sectors that can run under the

constitution and the Election Code.

The 1987 Constitution and the Omnibus Election Code both provide us

that there is an allotted seat for the Party List Representatives which could

not be rescind. Both have given the qualifications and what are the sectors

that can run under the said new system.

C. Conceptual Framework

Party List System of the Philippines

Party List Groups

Party List Nominees Party List Qualifications

Political Dynasty Marginalized Ability to Legislate A Representative of the Marginalized Group

D. Hypotheses

The following are the Hypotheses of the researcher

The party list representative and the party list itself should be the

representative of the underrepresented and the powerless and should

carry on the interest of the group that they are representing

There is no need to amend the law on party list system, but there is a

need to strictly implement laws that are in relation with the election

code as well as the Party List System Act of the Philippines

The Anti-Dynasty Bill should be enacted as it would lessen the

suspicion that such families are abusing the lenient law of the Republic

Act 7941, otherwise known as the Party List System Act of the

Philippines.

E. Operational Definitions of Terms

Political Party

- an organized group of qualified voters pursuing the same

ideology, political ideas and principles for the general conduct

of the government.

Marginalized sectors

- Organized group of citizens whose principal advocacy pertains

to the special interest and concerns of the following sectors;

labor, peasant, urban poor, indigenous cultural communities,

elderly, handicapped, woman, youth, overseas worker,

fisherfolk, veterans, and professionals.

Nominees

- Persons chosen by a party to represent them in the House of

Representatives.

III. Methodology

The study utilized a descriptive-exploratory method design to further

explain, and expound on the terms and the methods on how the law Party

List should be implemented. It further analysed critically the subject

matter and find its flaws and shortcomings. Moreover, through the

method used the researcher can identify the shortcomings and formulate

ways on how to fix the flaws and avoid committing the same for new laws.

The data were gathered from the libraries wherein, the researcher can

find materials pertinent o the subject presented by the researcher.

Further, the researcher utilized the World Wide Web to gather data that

will help in proving claims with respect to the given subject of the

researcher. The materials came from the laws passed by the congress

and the constitution of the Philippines, the jurisprudence promulgated by

the Supreme Court, articles from newspaper of general circulation,

commentaries from sources of great authorities, and textbooks

V. Discussion

The Philippine Congress is made up of 2 chambers, the Senate and the

House of Representative, both of which would be elected by a popular

election wherein the winners would be the representative of the country

for the Senate, and the district and party list representative for the

congress.

The congress is made up of about 254 representatives wherein they

represent either their constituents or the marginalized sector they are

representing. Of the 254 representatives, 56 of which are party list

representative. The Party List System was introduced by the 1987

Constitution which was ratified in the same year, and was later turned

into law through Republic Act 7941, otherwise known as the Party List

System Act of the Philippines in 1995. The Party List was institutionalized

for the reason that the underrepresented marginalized sector can have

their representative within the house and through them they can air their

grievances.

Sec. 26. Sectoral representatives. - There shall be three sectors to be

represented in the Batasang Pambansa, namely: (1) youth; (2)

agricultural labor; (3) industrial labor whose representatives shall be

elected in the manner herein provided. Each sector shall be entitled to

four representatives, two of whom shall come from Luzon, one from

Visayas, and one from Mindanao: Provided, That the youth sector shall

be entitled to two additional sectoral representatives who shall be

elected from any part of the country.

The sectors were mentioned in the Omnibus Election code of the

country but were later amended by the Party List System Act of 1995

wherein it includes various sectors including but not limited to the following,

women sector, labor sector, youth sector, and even transport sector. The

problem arises when the party list, itself, disguise as a sector which it do not

really represent. There are some cases wherein through the ambition of the

member of a certain, they cloak their selves as member of marginalized

sector whereas, they are not really part of.

The Marginalized

The foremost spirit of the institution of a party list system is to

represent the underrepresented sector and the marginalized sector in the

house of representative, wherein they author bills which can help the

development or welfare of the group that they are representing. The

marginalized sector as defined by Meriam-Webster dictionary is a group of

people which are powerless and seems unimportant within the society.

At present time, it seems that there are personas within the house,

who are party list representatives, which are part of the elite class and the

powerful sector of our society but still representing the underrepresented

sector. The constitution seems lenient in allowing the so-called party list

representative to represent a sector which they do not “truly” represent.

Through the Statement of Assets, Liabilities and Net worth retrieve by

the researcher, it can be noted that there are 51 of 56 representatives of the

43 party lists are millionaires. Apart from this, it can be noted that members

of well-known political families run for congress through the party list

system.

Name Party List SALN

1 Catalina Bagasina Association of Laborers and Employment

133,938,000.0

0

2 Juan Miguel Arroyo Ang Galing Pinoy 99,954,309.00

3 Teodorico Haresco Jr Ang Kasangga sa Kaunlaran 92,814,808.00

4 Christopher Co Ako Bicol 91,063,195.00

5 Homer Mercado 1-United Transport Koalisyon 65,014,804.00

6 David Kho Coalition of Senior Citizens 59,521,695.00

7 Patricio Antonio Agbiag Timpuyog Ilocano 55,641,886.00

8

Mariano Michael Velarde

Jr Buhay Hayaan Yumabong 53,326,935.00

9 Acmad Tomawis Ang Laban ng Indigong Filipino 48,530,000.00

10 Nicanor Briones Agricultural Sectoral Alliance of the Philippines 46,618,319.00

Table 1. Richest Party List Representative base on their Statement of Assets, Liabilities and Net worth (SALN).

Political Dynasty

Article II Section 26 explicitly states that “The State shall guarantee

equal access to public service and prohibit political dynasty as may be

defined by law.” There should be an equal opportunity for all whether rich

or poor, influential or not. The idea of this provision is that there should no

single family that would run the government. Apparently, the Philippine

government has been infected and the Party List System was not spared.

During the early implementation of the Party List System, there had been no

known family to engage in the said system, but after some time, evidently,

known members of political clans started to engage the said system.

Upon the engagement of known members of political clans entering

within the ranks of the party list system, the Commission of Elections

(COMELEC) should strictly implement Article II Section 26 of the Constitution.

The inclusion of known members of political clans in the party list system

seems to be an insult to the commission, as members of a part list ranges to

thousands but are contented with having a nominee from a single family.

(The Philippine Star, 2012)

Consequently, the COMELEC has issued some guidelines when it

comes to the party list system of the Philippines, through the COMELEC

Resolution 9366 issued by the commission for the 2013 elections. The

guidelines seem to be a deterrent for the dubious persons who seek to be

nominees of the marginalized sector. The law allows a person to be a

nominee of a sectoral party as long as he is a) Natural Born Citizen; b)

Registered Voter; c) a Resident of the country for at least a year immediately

prior the elections; d) a member of the party which he seeks to represents

for at least 90 days preceeding elections; e) 25 years of age; f) A Filipino

person who is a member of the underrepresented and marginalized sector

which his sectoral party seeks to represent; and g) Able to contribute to the

formulation and enactment of appropriation of legislation that will benefit the

nation as a whole.

Legislation

The main function of the house of representative is to enact laws or

legislations for the benefit of the whole nation. Representatives, whether

districts or party list, are expected to author or co-author legislations that

would help not only the sector they are representing but as well every citizen

of the country.

AUTHORED CO-AUTHORED

MEMBER NAME National Local Total National Local TotalGrand

Total

BAGASINA, CATALINA C.14 4 18 75 9 84 102

MACAPAGAL-ARROYO, JUAN

MIGUEL "MIKEY"

1 0 1 82 16 98 99

HARESCO, TEODORICO JR. T.13 5 18 38 2 40 58

CO, CHRISTOPHER S.34 1 35 187 18 205 240

MERCADO, HOMER A.2 0 2 21 3 24 26

KHO, DAVID L.2 0 2 66 1 67 69

ANTONIO, PATRICIO T.0 0 0 28 2 30 30

VELARDE, MARIANO MICHAEL31 0 31 53 2 55 86

3 2 5 27 0 27 32

TOMAWIS, ACMAD

BRIONES, NICANOR M.5 2 7 21 1 22 29

Table 2. Number of laws passed by the ten richest party list congressmen

Evidently, the party list had help the country by legislating laws, but

the number of laws they personally legislate seems to be diminutive in

number. Further there are some party list representatives that have

authored less than 10 or none at all. According to the resolution issued by

the COMELEC, a party list representative must know how to legislate bills

which is of national importance. This criterion is not confined to the party list

representative but also to the district representatives and the senators as

well.

VI. Conclusion

The Party List System is an initiative of the government so that people

who are deemed to be powerless and underrepresented shall have their

representative to the congress, thus, they may have voices that would

essentially air their grievance and help in the formulation of laws. The act

was done with a clear intent to help the powerless, however, evidently, as

time passes, the system has been corrupted by the tradition of politics.

The party list system grows from the simple system that aims to help

the marginalized society into a system which is traditional. Some of the

present party list nowadays are not part of the marginalized but rather came

from families or clans of great influence. They infiltrated an innocent system

to lengthen their time of stay as elected officials of the land. They have

cloaked their selves as security guards, tricycle drivers, and even farmers to

ensure that they would stay in the house. Clearly, today, some of our Party

List Representatives are not part of the so-called marginalized groups which

they aim to represent.

The Party List System Act, though may have flaws in it, should not be

amended. What we need is the strict implementation of laws which are

closely related to the Party List System Act, and even the Election Code

itself. Further, the Commission of Election should be strict in assessing the

nominees each party list nominates, and to lay down guidelines that would

serve as the rules and regulations during elections

An Anti-Dynasty Bill will be a great help for the country and the

election process itself. It would limit down the possible control for a number

of families. Further, through the Bill it would serve as a deterrent for the

traditional politicians of political clans to misrepresent a marginalized sector.

VII. Recommendation

The researcher recommends that the COMELEC should strictly

implement the existing laws which include the constitution that grants equal

rights for everyone to run in an election. Further, the COMELEC must write

guidelines that shall govern the elections through their resolutions, and be

sure that it would be followed. Moreover, the commission must implement

the imposable penalty to those who violated the laws.

The congress should also enact the Anti-Dynasty Bill to ensure that

there will be no one from those traditional political clans will again

misrepresent the underrepresented and the powerless.

Appendix A