UPFORUM January February2013

7/29/2019 UPFORUM January February2013

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VOLUME 14 NUMBER 1JANUARY - FEBRUARY 2013

FORUM

2 | A Conversation on

the Party-List System

with Rene Sarmiento

6 | Power for Power:

Rethinking Political

Dynasties

s h a p i n g m i n d s t h a t s h a p e t h e n a t i o n

Aclear afternoon is a good time to clarify issuesabout the party-list system, and human rightslawyer, 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

U N I V E R S I T Y O F T H E P H I L I P P I N E S

12 | Gastos sa

Kampanya, Sukdulan

nga ba?

Sinasabing nakabubuti para sa ekonomiya ang pag-gastos sa pangangampanya ng mga kandidato'tpartido 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 sagross 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. Sapo-

litical ad spendingpa lang, tinatayang aabot na sa Php2

bilyon ang gagastusin ng mga kandidato't partido.2 Ka-

Not 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 politi-

cal rather than religious in nature. During the budget

deliberations for the Ofce 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 elec-

tions.

The tone, though vehement, was not surprising. San-

tiago is the author of Senate Bill No. 2649, or An Act

to Prohibit Political Dynasties, which seeks to prohibit

The PhilippineElections


2/16

2 UP FORUM Volume 14 No. 1 January-February 2013

A CONVERSATION ON THE PARTY-LIST SYSTEM...

continued from page 1

Celeste Ann Castillo Llaneta and Andre Encarnacion

continued on page 11

dictatorship in 1986.

Actually, angroots niyan ay angGerman model.Ang nag-initiate ngparty-list

was Christian Monsod, former chairngComelec, recalled Sarmiento, who was

Retired Comelec Commissioner Rene Sarmiento

also a member of the 1986 Constitutional Commission.

Kumbaga, magigingplayers din itong mgaparty -list s

[sa national elections]para ma-diffuse ang[political]

power.

It didnt turn out to be a wholesale duplication of the

European model, however.What happened was, during the course of the

discussion in the Constitutional Commission of 1986,

nabigyan ngFilipino color [angparty-list][naging]

sectoral. Pumasok yung mga farmers and fishermen;

hindi na siya yungpure German model.

There are 12 sectors under Republic Act No. 7941

[or the Party-List System Act].Noong pumasok yung

Ang Ladlad, naging13 sectors. The purely German

model, which was the intention, has become a Filipino

model, Sarmiento added.

Shaping the system

RA 7941, signed in 1995 and implemented in 1998,

was meant to give shape to the party-list system envi-

sioned in the Constitution. But whether it has done a

good job is another matter altogether.

Sa simulat simula, ang masasabi ko sa party-listsystem 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

of whether or not a representative of a marginalized or

represented sector should belong to the same sector.

Like inAng Bagong Bayani-OFW Labor Party v.

Comelec [June 26, 2001], nandoon yung mga guidelines to accredit a party-list

organization, Sarmiento said. And repeatedly sa decision na iyon, seven or eight

times binanggit ni [Chief Justice Artemio V.] Panganiban yung salitangbelong.Dapat yungnominee should belong to the marginalized and underrepresented, so

dapat isa ka sa kanila. Hindi pwedeng yung mayaman will represent the poor or

the farmers, the students, and so on.

This was also reiterated in Banat v. Comelec. Hindi ito n ilinaw ngRA 7941.

That is why noong nasa Comelec pa ako, ang daming mga party-list organizations

na angnominees, hindi namanbelonging to tha t sector. Minsan nga nagiging

pamilya na rin yung mga nominees. Mag-aama, mag-i ina, o mag-asawa. Its as

ifwala nangrepresentative iyangsectorna iyan. So magandayung intention ng

Constitution, hindi lang na-flesh outyungprovision na iyan under RA 7941.

Allocating seats

Another issue that RA 7941 has not been clear about is the question of the

number of representatives/allocated seats per party-list organization. Two Su-

preme Court rulingsVeterans Federat ion Party vs. Comelec in 2000 and Banat v.

Comelec in 2009sought to set things straight.

May ilangelements. First is the 20 percent allocation. Dapat 20 percent of the

total number of congressmen sitting in the House should be party-list reps. Sec-

ond, the two-percent threshold. Ibig sabihin, para magkaroon ng isang kinatawan ,

[dapat] makuha mo angtwo 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 angregistration 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 yang20 per-

cent [seats in Congress mandated for

party-lis t reps], dahil maraming hindi

nakakakuha ngtwo percent.Pero sa

pagpasok ngBanat, ni-relax yung two-

percent [requ irement] para mapunoyung20 percent.

Angcomment ni [Justice] Pangani-

ban 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

seatyung two-percent na yan. But all

the rest, after [getting] the guaranteed

seats, [get] additional seats.Pataasan

kayo ng botoHindi na yungtwo

percent, basta ranking na, para lang

mapuno yung20 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.

Angcritique kay Panganiban [in the

Veterans case] ay masyadongstrict.

Angcritique naman sa Banat, masya-

dongloose. May middle groundsiguro.

Siguro another case ang kailangang

ma-filesa Supreme Court to harmo-

nize or balance [the two formulas].

Holes in the Comelec net

RA 7941 officially represents the

last act of Congress with regard to the

party-lis t sys tem. Since then, aside

from Supreme Court rulings on the matter, it is the Comelec that has been tasked

with hammering functionality into the unwieldy system produced by RA 7941.

For instance, the question of whether the party-list system should be limited tothe marginalized and underrepresented sectors.

To be true to the intent of the Constitution, yes, i-limit natin doon.Kaya lang

sa ngayon, hindi nali-limit eh, because the law that implements the Constitutional

provis ionRA 7941vague angprovisions niya.Dapat mas linawi n na ang

intent is for these party-list organizations to represent the marginalized and under-

represented. Those who have less in life Sarmiento added, quoting President

Magsaysay.

The process of picking which party-list organizations will see their names

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 commis-

sioners voting as a collegial body. This process can produce mixed results. In the

2010 elections, the 187 party-list organizations that applied for registration with

the Comelec was whittled down to 123, with 43 of that number petitioning their

registration with the Supreme Court.

Tinanggal din namin yan. Umakyat lang sa Supreme Court, ini-stop kami,

PhotofromtheUPSIO


3/16

UP FORUM Volume 14 No. 1 January-February 2013 3

continued on page 5

Teodoro Kalaw IV

Our party-list system today is not the

system that the framers of our Consti-

tution intended to be but the result of

exceptionally blatant judicial legisla-tion." Beginning with a narrow major-

ity inAng Bagong Bayani -OFW Labor

Party vs. Comelec (G.R. No. 147589,

26 June 2001), the Supreme Court

has continuously upheld the principle

that the system should be exclusively

reserved for the marginalized and

underprivileged when it is clear from

a simple review of the records of the

Constitutional Commission that such

reservation only relates to the process

of selecting sectoral representatives

for the first three consecutive terms

following the ratifica tion of the 1987

Constitution, as a prelude to the full

implementation of the system.I arrived at this conclusion during

my graduate studies at the National

College of Public Administration,

leading to my masteral degree in

public admin istr ation. My or iginal

2009 paper can be accessed at the UP

Forum online. The paper highlights

that the real intent of the constitu-

tional framers to provide a party-list

system not only for sectoral but also

national and regional parties can be

readily gleaned from the actual provi-

sions of our Constitution (Art. VI,

Sec. 5 [1] & [2]) as well as the very

floor deliberations of the then Consti-

tutional Commission. Quoting directly

from such records, Fr. Joaquin Bernas

(himself a commissioner who partici-

pated in the draf ting of the charter)

emphasizes the following exact words

of Commissioner Christian Monsod,

who successfully led the opposition to

Commissioner Wilfrido Villacortas

defeated proposal to reserve perma-

nent House seats for sectoral parties:

I would like to make a dis-

tinction from the beginning that

the proposal for the party-list

system is not synonymous with

that of the sectoral representa-

tives. Precisely, the party-list

system seeks to avoid the

dilemma of choice of sectors and

The Philippine Party-List SystemA case study in judicial legislation

For facts and gures 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

who constitute the members of

the sectors

x x x

We feel that this approach getsaround the mechanics of sectoral

representation while at the same

time making sure that those who

really have a national constituen-

cy or sectoral constituency will

get a chance to have a seat in

the [House of Representatives].

These sectors or these groups

may not have the constituency

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

system. In past elections, we

found out that there were

certain groups or parties that,

if we count their votes nation-wide, have about 1,000,000 or

1,500,000 votes. But they were

always third place or fourth

place in each of the districts.

So, they have no voice in [Con-

gress]. But this way, they would

have five or six representatives

in the [House of Representa-

tives] even if they would not winindividu-

ally in

legislative

districts.

(See J.

Bernas,

The Intent

of the 1986

Constitu-

tion Writ-

ers, 344-

347, Rex

Book Store

1995.)

Plainly put, the

party-li st system

as envisioned by

our present fun-

damental charter

requires the

part icipation no t

only of sectoral

but a lso national

and regionalpart ies. In f act,

and contrary

to the Supreme

Courts succes-

sive rulings on

this issue, while

one state policy

recognized by

the enabling stat-

ute is to facili-

tate that the marginalized and under-

represented sectors may win seats in

Congress, such is not the only policy

recognized by the same law, which

also requires the development and

guaranteeing of a full, free, and open

part y system to a ttai n the broadest

possible representat ion of party, sec-

toral, or group interests, as highlighted

by Commissioner Monsods explan a-

tion quoted above. To illustrate, this

can particularly be seen in the express

inclusion in the constitutional provi-

sion of professionalswho arguably

are neither marginalized nor under-

represented in view of their being the

primary drive r of the services com-

ponent o f the na tional economyas a

distinct sector.

But such was not to be. Instead,

what we have now is a bastardized

version of a potentially promis-

ing democratic innovation that only

invites further litigation, as the cases

reviewed in my paper show. Subse-

quent to my research, the SupremeCourt in Barangay Association for

Nat ional Advancement and Transp ar-

ency (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

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.

Atty. Teodoro Kalaw IV

ArtbyArbeenR.Acua

PhotocourtesyofAtty.

Kalaw


4/16


Arlyn VCD Palisoc Romualdo

Our campaign will notstop just because ofthe waiting game. It will

not stop no matter how

precar ious t he sit uat ion is.

This is Ako Bicols

stand as it waits for the

Supreme Courts (SC) fi-

nal decision on its petition

to declare its disqualifica-

tion by the Commission

on Elections (Comelec)

null and void.

Yes, we are in a

delicate position. We were

granted a Status Quo AnteOrder (SQAO) by the Su-

preme Court , bu t the f inal

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 Repre-

sentative 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.

Its not over until its over

Ako Bicol Party-List

August September October November

24 August 2012

C o m e l e c h o l d s

automatic review of,

and hearing on Ako

Bicols accreditation

04 September 2012

Kontra Daya fi les

second omnibus letter of

complaint to the Comelec

against specic party-list

groups, including Ako

Bicol

2 4 S e p t e m b e r 2 0 1 2

Salvador France, Vice

Chairperson of Pambansang

L a k a s n g K i l u s a n g

Mamamalakaya ng Pilipinas

(Pamalakaya), les a letter of

complaint against 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 party-

list elections in 2013, but

retaining its accreditation/

registration as a political party

under Rule 32 of the Comelec

Rules of Procedure

30 October 2012 Ako

Bicol files petition for

certiorari and prohibition

with the Supreme Court,

a s k i n g t o s t o p t h e

implementation of the

Comelec resolution

13 November 2012

The Supreme Court

issues Status Quo

Ante Order in favor of

Ako Bicol

2012

continued on page 5

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

Petitions and resolutions

Election watchdog group, Kontra Daya, in its omnibus letter of complaint to

the Comelec dated 4 September 2012, calls Ako Bicol a group masquerading

as a party-list organization that is established, run and funded by the Co fam-

ily of Bicol and its corporations and foundation. The letter also says that its

nominees are multi-millionaires.

As a regional political party that claims to represent the entire Bicol re-

gion, Ako Bicol does not represent a particular marginalized and underrepre-

sented sector or sectors, according to the Kontra Daya complaint. The group

argues that a region is only a geographical formation in the country, not a

marginalized and underrepresented sector. In sum, Kontra Daya concludes that

Ako Bicol and its nominees are a mere duplicate of all the district congress-

men of the Bicol region, and are merely duplicating the functions and mandate

of the district congressmen of the entire region.

Kontra Daya asks that the Commission investigate the party-list groups in

its omnibus complaint and if the Comelec finds that the groups are not quali-

fied as party-list groups or nominees, Kontra Daya prays that [the] Honorable

Commission [1] Deny

due course to the Peti-

tions for Registration of

the enumerated party-list

groups; [2] Remove and/

or cancel the registration

of enumerated accredited

par ty- lis t g roup s; [3] Den y

due course the Certificate

of Nomination filed by the

par ty- lis t g roup s.

A similar complaint was

also lodged by Salvador

France, Vice Chairperson

of Pambansang Lakas ng

Kilusang Mamamalakaya

ng Pilipinas (PAMALA-

KAYA), 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, RE-

MOVE orCANCEL the

registration and accredita-

tion of respondent AKO

BICOL POLITICAL

PARTY under the party-

list system of representa-

tion; and [3] That upon the

removal and cancelationofAKO BICOL POLITI-

CAL PARTY under the party-list system of representation, all its nominees be

disqualified by operation of law for having no party-list to represent in the House

of Representatives. (emphasis his) A hearing on the petition for cancellation of

Ako Bicols accreditation has been set by the Comelec on 18 March 2013.

The following month, the Commission issued a decision resolving to DENY

the participation of Ako Bicol in the 2013 elections. The resolution also states

that Ako Bicols accreditation/registration, however, as a political party under

Rule 32 of the Comelec Rules of Procedure is hereby RETAINED. (emphasis

theirs)

Comelec cited three reasons for the partys disqualification from the polls:

(1) it does not represent or seek to uplift a marginalized and underrepresented

sector within the contemplation of the party-list system; (2) its grouping is

based on geographical location and as such, th e p rov inces of Catand anues,

Sorsogon, Camarines Sur, Camarines Norte, Masbate and Albay will have a

number of representatives more than the number allowed by the Constitution;

and (3) its nominees consist of a businessman, an ophthalmologist, and law-


5/16


IT'S NOT OVER UNTIL IT'S OVER...


2013

December January- February March April

26 November 2012 The Solicitor

General issues a consolidated

comment on petitions filed by

disqualied 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

18 March 2013

S c h e d u l e d

Comelec hearing

o n F r a n c e s

petition to cancel

the accreditation

of Ako Bicol

A CASE STUDY IN JUDICIAL

LEGISLATION...


May

that the two percent threshold require-

ment to obtain a seat was unworkable,

it also (again by a narrow margin)

upheld the continuing reservation of

the system to marginalized sectors.

This led the court to again revisit its

already amended formula for allocating

seats in the system to ensure the lling-

up of remaining seats left vacant after

the sectoral parties that had obtained at

least two percent of the votes had been

accounted for, essentially by automati-

cally allocating such seats to those not

obtaining two percent of the total votes

cast in the system, in order of number

of votes obtained.

Such continuing mental gymnastics

would be unnecessary had the Court

in the rst place not tampered with the

plain intent of the framers. Instead, and

for the foreseeable future, we should

expect continuing litigation in this area

of constitutional law precisely because

the system as interpreted by the courtcontains these obvious aws:

Continued Debate and Abuse of

the Term Marginalized Given

Its Subjective Nature

The system as presently enforced

gives the Commission on Elections

undue discretion when it comes to

determining what sectors are truly

marginalized as well as when these are

no longer marginalized. Furthermore,

such is also the case with regard to

the nominees of such parties, or who

actually can be nominated and elected

to represent the marginalized.

Balkanization of Legislative

Agendas

The continuing implementation of a

statutory cap on the maximum number

of seats that any one party may obtain

is actually a disincentive against coali-

tion-building and common agenda

setting, because it necessitates the

presence of, and negotiat ion amon g,

numerous parties with very specific

legislative agendas. Hence, instead of

serving as a platform for consensus-

building and the common go od during

a Congress, the current system actu-

ally promotes single issue advocacies

and narrow partisan interests.

Wasted Votes

The same statutory cap on maximum

seats allowed facilitates spoiled votesby encouraging the dispersal of party-

list organizations and resources, given

the mandatory statutory ceilings effect

on excess votes. Hence, parties which

feel they have the electoral strength to

breach such a cap wi ll be tempted to

resort to organizing new parties just to

avoid such wasting of the support they

projec t they already have .

Realizing that the system is broken

will best help the truly marginalized

by paving the way to giving th e pa rty-

list system a genuine chance to thrive

in our democracy, rather than letting

it continue to hobble along beset by

challenges in implementation because

of its very defects. Efforts to reform

the system will in turn not actually

entail a constitutional amendment, but

only the recognition by the Supreme

Court of the genuine will of the fram-

ers of our fundamental charter.

--------------------

Atty. Teodoro Ka law IV obtained

his Master in Public Administration

degree with the Deans Medal for a

near-perfect grade average from the

National College of Publi c Admin-

istration and Governance of the

University of the Philippines in April

2010. Email him at teddykalaw@

gmail .com.

Ako Bicol Representative Rodel Batocabe

PhotofromtheUPSIO

yershow lawyers, businessmen and ophthalmologists are marginalized and

underrepresented is not shown by Ako Bicol and its nominees.

Ako Bicols response

Batocabe pointed to Section 3(b) of Republic Act (RA) No. 7941 or the Party-

List System Act which states that a party means either a political party or a sec-

toral party or a coalition of parties. Following this definition, he explained that

Ako Bicol should not be disqualified because it is registered as a political party.The law does not say that a political party must also be sectoral. It says or.

As to the assertion that Ako Bicol does not seek to uplift a marginalized and

underrepresented sector, Batocabe showed this writer an almost two-inch thick

pile of documents comprising Ako Bicols per forman ce report that i t submitt ed

to the Comelec.

We do not claim to serve only a specific sector in Bicol. Our projects in-

clude medical assistance, disaster mitigation, housing, scholarships, infrastruc-

ture, livelihood, basic utilities, etc. These projects benefit various sectors

sectors that need them.

He also questioned the assumption that marginalized and underrepresented

means financially poor and destitute. Sectors with a different constituency

that fail to win district representation are also marginalized and underrepre-

sented, he argued.

On the Ako Bicol nominees, Batocabe provided an analogy: If a senior citi-

zen, who happens to be one of the richest in the country, succeeds in organizing a

sectoral organizationof senior citizens and

is nominated to be

its representative in

Congress, does this

mean he cannot effec-

tively represent senior

citizens because he is

rich?

In the end, Bato-

cabe goes back to RA

No. 7941 . Sec tion

6 provides all the

grounds for cancella-

tion of registrationit

is a religious sect;

advocates violence; it

is a foreign party; itreceives support from

any foreign entity

for partisan election

purp oses; viol ate s

election laws; declares

untruthful statements;

ceased to exist for

one year; and fails to

par tic ipate or fai ls to

obtain two percent of

par ty- lis t votes i n the

last two elections.

Specific to Frances

complaint, Batocabes

chief of staff, Atty.

Raul Luna, said in alater interview with

the UP Forum that

he fails to see the logic behind the

hearing set on 18 March 2013. He

poin ted out tha t the Comelec i ssu ed

its resolution after both complaints

against Ako Bicol were filed. Does

this mean that Frances petition was

not acted upon by the Comelec before

they released their resolution? heasked. Even then, Luna said Ako

Bicol has complied with the Com-

missions order to reply and will be

at the hearing. What this means for

Ako Bicols SC petition remains to

be seen.

Hanging in the balance

The printing of ballots for 13 May

2013 has started in early February.

Ako Bicol is in the list, along with

many party-list groups that were

disqualified by Comelec but have

been gran ted SQAOs by the SC. The

Comelec had its own

schedule to keep andcould not afford to

wait for the SC to is-

sue its final decision

on the petitions.

The power lies

with the Supreme

Court. Ako Bicols

stability was rocked

by the Comelec d is-

qualification. When

that news broke

out, our constitu-

ents feared that our

programs would be

discontinued, that

support for them

would cease to exist.When it happened, I

realized what it truly

meant to be a repre-

sentative because I

felt what our constit-

uents felt, Batocabe

told the UP Forum.

As of this writing,

no decision had been

issued by the SC and

the Comelec has yet

to conduct the hear-

ing on the petition to

cancel Ako Bicols

registration.

---------------Emai l forum@

up.edu.ph


6/16


Andre Encarnacion

POWER FOR POWER...



Dr. Joseph Capuno of the UP School of Economics

spouses and relatives up to the second

degree of consanguinity from running for

ofce 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 qualied for public

ofce.

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 contribu-

tors to poverty, not to mention fraud,

violence, vote buying and intimidation.3

There is a term in academic circles

describing them as predatory.4

Fromthe streets to the halls of the Senate, our

knowledge of this predation is as exten-

sive as our tolerance of it is tragic.

This does not, however, account for

cases that do not t the mold. The ques-

tion is: if dynasties are harmful in and of

themselves, what accounts for areas with

a history of dynasties that have experi-

enced 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 ev-

erywhere bad for growth, says Capuno,

because there are high growth areas

where clans have been dominating. Our

denition of a clan is it is a predator.

Pero kung na-o-observe mo, it's a mix!

Mayroonghigh 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 good-

ness 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 contest-

ability theory.

What do you need performance

for?

We have a paper you should look

into, Capuno suggests as an introduc-

tion. The paper is entitled, "Is local de-

velopment good politics? Local develop-

ment expenditures and the re-election of

governors in the Philippines in the 1990s,

and was published by Capuno, with Raul

Fabella and Jose Orville Solon.

The question it asks, Capuno says, can

be summed up simply: if the incumbent

governor spends on development expen-

diture, will it get him reelected?

Basically what a dynasty does is act

like a political party, Capuno explains.

He denes a dynasty as two members

of the same clan succeeding each other

in ofce. If you have a weak political

party, you need to have machinery (to

win elections).Angsubstitute mo for a

weak political party system is your fam-

ily, your clan. That's one view.

In that case, he continues, if you

are an incumbent under a weak political

party system, and your opponent has a de

facto political party, being a member of

a clan, what you do to get reelected is to

do good in ofce.Iyan angace mo.

Capuno contends that the secret for

dynasts and non-dynasts alike to secure

reelection, is to do good for the people.

Unfortunately, securing reelection for a

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 ofce.

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 per-

formers. 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 ofce? 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 ofce. If the incumbent is a clan member, but there are other clans

that would contest the ofce, high growth din iyan.

Hindi token opponent, ha. One that is capable of replacing them in a fair ght. Money

for money, power for power, they can compete. That is my denition 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.

It never quite ts

But even this elegant categorization can have exceptions. Capuno

is quick to point these out. Makatiwalangopponents. Why is it a

high growth area?

Capuno claries that there are other factors that compel people to

relocate to an area and contribute to its progress. Actually it's the

private sector that drives it. Remember, you move to a place for the

quality of public services and the work opportunities.

What you're saying here is that the work opportunities are so great

that I can afford to disregard the local government.

He gives another example. Kaya lang naman umunlad angTaguig,

it's not because of (those in ofce), per se. The Fort (Bonifacio Global

City) made it happen. People move there because it's a place near

Makati and The Fort.

The national government can also compensate for LGU inefciency

in particular instances. In areas like Quezon City, Capuno points out

that people still get their health services despite some

local hospitals underperformingbecause they get

them from hospitals funded by the national govern-

ment.

In this case you can't credit that to the local

government, he says. What are other possible ex-

planations? An area has unusual or abundant natural

resources. It's a boomtown. But that is once again a

private sector or market driven explanation of why

people stay.

When you go on eld studies, you will notice

the variation of the stories. It never quite ts here

and never quite ts there. So you need to nd the

other factors that would explain that.

Naturally, Capuno notes, no reelectionist will

admit to these complexities outright. They have towin, he concedes. Why would they say some-

thing that would not make them win? You have to

give it to them; it's not that they're lying. But you

have to understand where they're coming from.

Fools for the longest time

Beneath the wealth of empiri-

cal data, there is another theme

implicit in Capuno's message. If

the political contestability theory

is true, it would call for voters

to reassess not only how they

choose candidates, but also the

psychology behind competent

public service.

(If I were a public servant),

what would force me to dowell? asks Capuno hypotheti-

cally. Either you are innately

good, which is very hard to

prove. Or you are not too sure

of your hold on power, and

therefore you have to perform to

remain in ofce.

In such a scenario, the plat-

forms and promises of candi-

dates mean very little. Voters,

according to Capuno, have little

insight into the innate goodness

or badness of their political bets,

despite their best intentions.

We've been wanting that ever

since we started thinking about

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 namangpolitician that will say

(they are bad). That's a romantic aspira-

tion.

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 impres-

sions, outsiders are also prone to impose

value judgments on how governments

are run. Under decentralization, you

Photo from the UPSIO


7/16


SOURCES:Coronel, Sheila. (2007). The seven Ms of

dynasty building. New Political Dynasties.

Retrieved from http://pcij.org/stories/the-

seven-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.

The making of political dynasties in the Philippines

Stephanie S. Cabigao

Causing an uproar in thethick of the 2013 elec-tion is the buzzword politi-

cal dynasty. Political dynas-

ties are more blatant and

active today, said Center

for People Empowerment in

Governance (CenPEG) direc-

tor for policy studies Prof.

Bobby Tuazon, since the

conditions to form 'more of

the same' are more encourag-

ing 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 be-

came 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

dened the term political dynas-ties 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 mem-

bers alternately hold elective ofces,

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 his tory. 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 politi-

cal dynasty. The rst 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.

Emergence of political

dynasties

The occurrence of political dynasties

was believed to be rst recorded in the

pre-Magellanic period. In his bookThe

Making of a Filipino, Renato Constan-

tino pointed out that communities at

this time were already accustomed to an

early form of government and poli-tics. The pre-colonial society had the

datu, raja, and maharlika as rulers and

stewards of tribal communities. Accord-

ing to Constantino, their strong familial

bonds espoused the development of the

leadership and social prestige of this

ruling class. Perhaps the datu, raja, and

maharlika class served as archetypal

models for the formation of political

dynasties in the Philippines.

During the Spanish colonial period,

the termprincipalia was introduced. The

principalia embodied the new kind of lo-

cal elite. To Constantino, theprincipalia

was composed of the wealthy landown-

ers, many of whom were descendants of

It Runs in the Family

the early datus and maharlikas. This

time, the formerdatu has been entrusted

with scal and administrative duties and

became adjuncts of Spanish power. From

mere administrators of socially-owned

land during the pre-Magellanic period,

theprincipalia eventually became formal

owners of these lands. Theprincipalia,

along with the mestizos, illustrados,

mestizo-sangley, creole, and Chinese

mestizos constituted the local oligarchs

of the country.

InLandlords and Capitalists , political

scientist Temario Rivera revealed that

about 87 families controlled the top 120

manufacturing companies from 1964-

1986. 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 Madri-

gals, and the Yulos.

Through government inuence,

writes Rivera, landed capitalists

caused the diversion of state resources

to traditional elite economic activities

like sugar and coconut milling, limiting

further industrial diversication.

The third period was highlighted

by the introduction of education and

suffrage by the US that catapulted the

elites in the rst local elections in 1903and the rst 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 ob-

tained 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

rst elections only catered to the prop-

ertied class, which comprised less than

one percent of the population. William

Howard Taft directed this rst-ever elec-

tion limiting the number of participation

only to the local and national elites.

A CenPEG study on familial member-ship in public ofces (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 devel-

opment 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.

Political dynasties as ideologyAccording to Tuazon, nearly 50

percent of the countrys current politi-

cal dynasties owe their ascendancy to

post-Marcos (1986) political deals when

most elective positions were lled up by

appointees of then President Corazon C.

Aquino, including the Ampatuans of

the infamous Maguindanao massacre.

In the entry of political appointees, it

is understood that more families were

allowed to establish their respective dy-

nasties in the political arena. The preva-

lence of political families in various

public posts has become commonplace

in the Philippine government today.

A CenPEG study in 2011 showedthat the May 2010 electionsduring

which the automated election system

was used nationwide for the rst time

increased even more the number of

political dynasties both at the national

and local levels. Political dynasties

have been thriving with memberships

increasing through horizontal and

vertical expansion. For instance, in the

15th Congress, vertical and horizontal

expansion included local and national

positions, covering legislat ive district s,

provinces, and regions, and even pen-

etrating the party-list system.

The rampant political dynasty build-

ing today was described by Tuazon as

tactics of self-preservation and expan-

sion, which are means for a continuingrule 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 party-

switching for networking and political

preservation. Image and visual pack-

aging have become key factors in the

expansion, preservation, and continuing

rule of political dynasties. Partnerships

with lawyers, the media, showbiz per-

sonalities and corporations have favored

wider expansion and greater popularity

for these political dynasties, ensuring

their rule over Philippine politics.

The continuing phenomenon of polit-

ical dynasties today reects the encom-

passing inuence of traditiona l polit ics.

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 cam-

paigns backed by familia l or dynastic

support. While an ideology is in place,

for Tuazon, such dynasties perpetu-

ate and enjoy various advantages in

traditional kinship networks, political

machineries, wealth, property, access

to government sources, weak political

party system, weak electora l system,culture of powerlessness among the

people, and warlordism.

---------------

Email [email protected]


A r t b

y A

r b e e n R . A c u a


8/16


THE UP FORUM ROUNDTABLE DISCUSSION

ON THE PHILIPPINE ELECTIONS

Q.What reforneed to im

elections?Aquilino Koko Pimentel III,

LLB

Senator

Senate of the Philippines


Lucenito N. Tagle, LLB

Chairman, Overseas Absentee

Voting

Commissioner

Commission on Elections

TAGLE: Elections in the

Philippines are in the adolescent

stage where there is a huge

room for improvement and

reforms. Although we suc-

cessfully crossed the bridge

of election modernization in

the 2010 national polls, there

are still a lot of bridges left

uncrossed as far as the whole

Damcelle Torres-Cortes, LLB

Assistant Professor, Institute for Gover-

nance and Rural Development

College of Public Affairs and Development

UP Los Baos

CORTES: Every election sea-

son, candidates are at the center

of public discussions and media

coverage. Who are the people

running? What is their back-

ground? What do they plan to

do once elected to ofce? Who

is topping the surveys?

PIMENTEL: You may be aware

of the Pimentels long and difcult

struggle against massive electoral

cheatingrst, during the 1995senatorial elections when my

father won in the voting but lost

in the counting and canvassing;

second, during the 2007 senatorial

elections where I lost the fraudu-

lent count at the Comelec-led

national board of canvassers. This

is why reforming our electoral

system is very personal to me.

In a democracy such as ours, it

is the ballot that is the great equal-

izer of people. In the exercise of

our right of suffrage, every voter,

rich or poor, is only entitled to

one ballot. Thats why a ballot

should be beyond the commerce

of man. It cannot and should not

electoral process is concerned. Below are

the major areas of concern that need to be

addressed:

1. Enhancement of Project Manage-

ment Skills and InformationTechnol-

ogy Capabilities - This should address

the efciency of the overall election

administration in the country including

pre-election and post-election activities

such as maintaining and cleansing voter

registration lists, precinct-mapping, pro-

curement of equipment, counting and

canvassing the results, and the procla-

mation of winners in accordance with

the current election modernization law.

2. Intensive Voter Education - Despite

the 38, 162, 985 voters who actually

voted in the 2010 national pollsa

number equivalent to 75 percent of

the total number of registered

votersan extensive and wide-

spread information campaign

especially in far-ung areas is

still needed to halt and prevent

the disenfranchisement of vot-

ers. It is imperative that more

stakeholders be involved in

the voter education program as

well as in the utilization of eld

personnel in developing a far-

reaching information drive.

3. Harmonization of All Elec-

tion Laws, Rules and Regula-

tions through the Passage of a

New Omnibus Election Code

- There is an urgent need to

overhaul the present Omnibus

Election Code that has been

the subject of piecemeal amendments.

These changes in the Election Code

cause confusion among stakeholders

and make it difcult to administer elec-

tions and enforce election laws.

4. Acquiring Appropriate Technology

for Overseas Absentee Voting - Filipi-

nos 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 per-

cent, actually voted mainly because of

lack of interest on the part of overseasabsentee 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 Ofce and its Field

Ofces - Among all the Constitutionalcontinued on page 14

be bought. It is our duty as responsible citizens to do everything to preserve the sanctity

of the ballot.

For my part, immediately after I assumed ofce, I caused the purging of the list of vot-

ers in the Autonomous Region of Muslim Mindanao (ARMM) by authoring and spon-

soring (together with Senator Franklin Drilon) Joint Resolution No. 17. This gave the

ARMM the opportunity to cleanse its reputation as the cheating capital of the Philippines.

With the enactment of the Mandatory Biometrics Registration Act (Republic Act No.

10367), we can be assured that there will be a nationwide cleansing of records of doubleor multiple registrants.

To make our electoral processes accessible to our persons with disability (PWDs) and

senior citizens (SCs), we now have The Electoral Processes Accessibility Act (Repub-

lic Act No. 10366) mandating the creation of special precincts for them. However, it is

worthwhile to explore the early voting system for our PWDs and SCs to spare them the

chaos and long queues on election day.

With the advent of the digital age, we have shifted our electoral processes from manual

to automated in the hope that we can curb, if not eliminate, electoral fraud. However, au-

tomation has also ushered in the fear of a new kind of fraudautomated fraud. To dispel

this kind of fear, we need to fortify our automated election system by:

(a) Incorporating the voters biometric data into the hard drive of the precinct count opti-

cal scan (PCOS). This way, the machine will be capable of determining whether the

person who is intending to cast his ballot is a registered voter in the said precinct;

(b) Allowing the members of the Board of Election Inspectors (BEIs) or those who are

supposed to run the PCOS machines to generate their own distinct, secret, and con-

dential digital signatures or pass codes so that unauthorized persons who are able to

But since the 2010 elections, a new issue has been added to our electoral concerns: au-

tomation. 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 nd it interesting and disturbing that the electorate rarely gures as the focus in elec-

tions 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 nd 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 Or-

ganization during my UP Law days. We developed a short module to discuss the duties and

responsibilities of elected ofcials. 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 thesanggunian (council)


9/16


THE UP FORUM ROUNDTABLE DISCUSSION

ON THE PHILIPPINE ELECTIONS

ms do we

prove our

Liza D. Corro, LLB

Assistant Professor

and Dean

UP Cebu

CORRO: The current state of electoral laws and the conditions in the conduct of

elections in the Philippines are such that the three-year term of politicians is not suf-

cient to redress the wrongs and injustices committed to them.

Due to the countless reforms we need to institute, we should prioritize what re-forms we really need. Election reforms to be instituted in the Philippines can center

on the interests of a voter, a candidate, or the Comelec as an institution. I believe

reforms to benet the voter should be given utmost priority.

Statistics issued by the Institute for Democracy and Electoral Assistance (Inter-

national IDEA),1 show the voting age population (VAP) and voters turnout in the

Philippines, in the last three years. [See table below.]

Without delving into the reasons for the turnout of voters, the fact remains that

there is a considerable number of voters who do not exercise their right to vote.

If a good voters turnout will ultimately favor the less-privileged members of

society, and will balance electoral power, shouldnt we encourage a good voters

turnout? What is it that we should do in order to encourage the optimum exercise of a

Filipinos right to vote, so that those who are qualied to vote really go out and vote?

And how do we ensure that the ballots cast are true expressions of the voters will?

Not all citizens of voting age register, whereas only a small portion of the VAP

actually votes. So reforms suggested here address those who voluntarily refuse to

exercise their right to vote, and who are purely apathetic to the electoral exercise.

It would be difcult to penalize the failure to register as voters, or to impris-on non-voters. Otherwise, it is similar to penalizing jaywalkers by hordes, and

FRANCE: With their characteristic fraud, corruption, and mis-

information, 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 polit-

ical parties and candidates can reduce illegal electioneering and

backroom scheming. According to Melvin Calimag ofPinoy

Post, [s]ocial media is fast reshaping upcoming elections

with civil society making great use of it through a hugely suc-

cessful campaign against publicity-hungry or credit-grabbing

politicians. Take the anti-epal drive, which went viral even

before the ofcial campaign period began. According to its

implementing agency, the Department of Social Welfare andDevelopment, epal refers to politicians who claim ownership

of projects using taxpayers money by aunting 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, rebut-

tals, and follow-up questions are taken for granted.

This is why election laws should be strictly observed and cri-

tiqued 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


in local policy-making! The discovery

drastically changed their idea of who the

vice mayor should be.

There is also an introspective module

developed by the Ateneo de Manila Uni-

versitys Center for Community Services

in early 2000. It encouraged the voter to

personally reect on his/her ideal candidate

vis--vis his/her actual choice. I was then

a volunteer administering the module in a

community along Commonwealth Avenue.The process started with the identication

of 7K orpitong katangian (seven charc-

teristics) of ones model politician. Partici-

pants raised the bar high as attributes like

godly, honest, pro-poor, people-

centered, and not corrupt topped the 7K.

The activity proved revealing after

a mock election. The participants real-

ized that their chosen candidates, most of

whom had well publicized cases of graft

and human rights abuses, did not t their

own criteria. The process enabled them

to scrutinize candidates, ponder on their

initial choices following their own ideals,

and come up with a well-thought-out list

of candidates prior to election day. The

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 under-

stand the implications of voting and the signicance

of exercising their right to vote. On the surface, qual-

ied voters are informed of the registration require-

ments, the identication documents that are neces-

sary 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 difcult for voters tocritically evaluate the merits of candidates consid-

ering 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 communi-

ties 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 as-

sociate with it, educating voters can help encourage

their involvement through discussions on the basics

of democratic processes.

Lastly, the government should stress its com-continued on page 14

there will not be enough space for them

in prison.

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-req-

uisite for the issuance of a needed document or certication, like requiring a certicate 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 eld, 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 difcult 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


10/16


Enabling Law

Arbeen Acua

Notwithstanding Constitutionalconstraints, a select few clans havebeen keeping strongholds and strangle-

holds, governing local territories, and

training family members to race for dom-

ination come national election time. The

elite class customarily compete amongthemselves, like thugs protecting their

respective turfs. However, the latter is

cloak-and-dagger, underground and out-

lawed; while the former is suits-and-ties

with guns-goons-and-gold and seemingly

legal. But all is not what it seems.

As may be dened by law

Though political dynasties continue to

enjoy the blessings of democracy as they

can run for public ofce over and over

again, they violate the Constitution. Ar-

ticle 2 Section 26 states: The State shall

guarantee equal access to opportunities

for public service and prohibit political

dynasties as may be dened by law.

During the forum Political Dynasties:

A Challenge to Political Reform last

January 24 at the UP National College of

Public Administration and Governance


Disabling

Small Dictatorships

Atty. Alex Lacson (extreme right) sits with the other speakers during the forum on "Political Dynasties: AChallenge to Political Reform" held January 24, 2013 at the UP-NCPAG.

(NCPAG), Atty. Alex Lacson said that

the provision does not state as may be

dened by Congress but as may be

dened by lawthus, the Commis-

sion on Elections (Comelec) rules can

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 Anti-

Dynasty Movement (AndayaMo), which

has urged the Comelec to disqualify

(Rodrigo) Duterte (of Davao); MiguelLuis 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 sufcient le-

gal grounds to ban political dynasties. As

of press time, the Comelec has acted on

AndayaMos petition. It was rafed 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. Hope-

fully, President Aquino will appoint two

new commissioners by end of Febru-

ary. He added that the respondents are

expected to present their answers to the

petition in a hearing on February 26. The

said Comelec division is yet to decide on

the issue.2

Besides ling a petition, proposing a

law in Congress (to dene political dy-

nasties) through peoples initiative (PI)

is another possible legal action against

political dynasties, said Lacson. There

is an existing and valid law on thisRA

6735 (An Act Providing for a System

on Initiative and Referendum). This law

was upheld and afrmed by the SupremeCourt (SC) in the case of Santiago vs.

Comelec (1997). In fact, efforts are

being undertaken at present. Issuing a

pastoral statement denouncing political

dynasties,3 the Catholic Bishops Con-

ference of the Philippines (CBCP) for

instance, supports initiatives by the lay

faithful to pass an enabling law against

political dynasties through PI.4

At the NCPAG forum, Lacson said that

the Constitution is the laymansnot the

lawyers document, which means that,

as instituted by the SC, the plain and

ordinary meaning of the words used must

prevail. Quoting from Blacks Law Le-

gal Dictionary, Lacson dened political

dynasties as succession of rulers from

the same family. Another denition he

mentioned was Justice Antonio Carpios:

the phenomenon that concentrates

political power and public

resources within the control

of a few families alternately

holding elective ofces.

Lacson said that during the

deliberation of the 1986 Con-

stitution, the original provision

did not have the phrase as

may be dened by law. This

initial version of the provision

would have been more explicit

in prohibiting political dynas-

ties. According to Lacson,the version won by one vote,

but was later amended after

Serano Guingonas motion,

wherein as may be dened

by law was appended.

Lacson added that Blas Ople

and Christian Monsod then

opposed the anti-political

dynasties provision. The two

believed that because of the

EDSA (revolution), peoplehave become mature and that we

should not restrict the right of people

to vote. Lacson said that the provision

against political dynasties is not a restric-

tion but a regulation.

Clear and obvious?

AndayaMos petition particularly seeks

disqualication of local politicianssix

candidates from four dynastic families.

Lacson said that the petition aims for the

immediate implementation of the Con-

stitutional prohibition against those clearand obvious cases of political dynasties,

those cases that fall within the denition

of the term political dynasty as under-

stood by the framers of the Constitution.

These cases do not need any enabling

law for them to be implemented imme-

diately. Lacson added that if AndayaMo

gets a favorable decision in this petition

either from the Comelec or SC, the said

decision will impact all those candidates

who are similarly situated.

The dismissal by the SC of the two

petitions has indeed created a nega-

tive perception among the public, said

Lacson. We are prepared to elevate this

matter to the SC should the Comelecdecide negatively on our petition. At any

rate, it is the SC which has the nal say

on this matter, considering especially that

this involves a Constitutional issue. In

an article fromgmanews.tv,5 Lacson said

they (AndayaMo) have nothing against

the respondents but chose them to test

our legal theory using the legal grounds

that we have discovered.

However, seemingly left unscathed by

AndayaMos selective petition are the

more obvious dynasties monopolizing

political power at the national levelfor

instance, the esh and blood of former

presidents. In anInquirernews article,6

Duterte decried the petition that smacked

of a double standard and found it strangethat AndayaMo spared the Estradas and

the Angaras. He also questioned why

President Benigno Aquino III was not

included in the petition. In the same news

article, Duterte pointed out the current

senate run of the cousin and the aunt of

Aquino, Paolo Benigno Bam Aquino

and Tingting Cojuangco respectively;

Duterte also cited that Aquinos mother

was president, and his father and grandfa-

ther became senators. With this political

pedigree, the Aquino clan is ostensibly a

dynast in the national level.

In anotherInquirernews article,7

Presidential Spokesperson Edwin Laci-

ArtbyArbeenR.Acua

PhotofromtheUPSIO


11/16


NOTES:1 Tubeza, Philip C. (2013, February 5).

Disqualication cases led vs. Duterte, 5 other

'political dynasts'. Philippine Daily Inquirer.

A CONVERSATION ON THE PARTY-LIST SYSTEM...


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 ofa 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, walangimprovement 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 t 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 con-

demnation, what Capuno's theory empha-

sizes is performanceparticularly, how

good performance can be assured from

public servants. What makes a candi-

date good or bad? he asks. Of course

innate talent, but you don't know that in

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/

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, tala-

gangpure opposition. They are a match

power for power. That is real competi-

tion. And that's nice.

---------------


ENABLING LAW...


story/283874/news/nation/miriam-cries-foul-

over-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-phl-

world-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 V i l lanueva, 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=Family-

affairs:-The-two-faces-of-political-dynasties-

&id=59508

'POWER FOR POWER...


Retrieved from http://newsinfo.inquirer.

net/353129/disqualification-cases-filed-vs-

duterte-6-members-of-prominent-political-

dynasties#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-on-disqualification-petition-vs-6-members-of-

political-clans

3 Burgonio, TJ. (2013, January 31). Malacaang

defends political dynasties. Philippine Daily

Inquirer. Retrieved from http://newsinfo.

inquirer.net/350097/malacanang-defends-

political-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-bishops-

lash-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-on-

disqualification-petition-vs-6-members-of-

political-clans6 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 Analys is: 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, Phil l ip C. (2012, February 5).

Disqualication cases led vs Duterte, 5 other

political dynasts. Inquirer News. Retrieved

from http://newsinfo.inquirer.net/353129/

disqualification-cases-filed-vs-duterte-6-

members-of-prominent-political-dynasties

'IT RUNS IN THE FAMILY'..


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 fam-

ily names should be studied. Lacierda

claimed that Team Pinoy candidates

have proven themselves in public ser-

vice and private sector, and it was up to

the electorate to vet their qualications.

Lacson said that AndayaMo led 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 obvi-

ous cases of political dynasties, those

cases that fall within the meaning of

political dynasties as understood by theframers 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 politi-

cal 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 elec-

toral fraud partners-in-crime who have re-

mained 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.

---------------


recalled Sarmiento, who was Presiding

Commissioner of the First Division

before he reti red.

At times, organizations that have

little actual connection to any mar-

ginalized and underrepresented sector

manage to slip through.

Minsan sa boto, natata lo ka , kasi

[by] majority votekahit na dissenterka, talo ka pa rin.So may mga lumu-

sot, said Sarmiento, who in several

cases was the lone voice of dissent,

and in his time tried to fine-tune the

party -list selection criteria .

But one could say that the process

itself is flawed, and that the holes were

created during the weaving of the net

itself.

One, may flawsa Republic Act.

Because of the vagueness, it gives

room for interpretation... Because the

law itself is flawed, the process is

affected kasi yungprocess, interpreta-

tion na ito eh. Pero ang masasabi ko,

at least there were efforts [on the part

of Comelec], especially in 2013, topurify, to cl eanse .Ibig sabihin, may

ginawa din. Of course, hindi naman

perfect.

Pangal awa, we undertook efforts to

cancel [the registration of unqualified

party -list organizations]. Medyo ma-

hirap yon. You get calls for impeach-

ment.Kasuhan nat in yan! Iyan ang

consequence.

Fine-tuning the law

Sarmiento stresses the need to fix

the enabling law itself.

Ang panawagan namin noon pa,

kahit sa mga committee hearingssa

Congress, kailangang i-fine-tune itong

PhotofromtheUPSIO

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

still awaiting the Supreme Courts

final say.

Itongcobwebs, itongvagueness

itong mga away, misinterpretations

nagigingmessy. 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 reso-

lutions that undertook efforts to refine

it. Kasi may mga resolutions kami eh

tingnan [dapat] ang mga ito as basis

for the review.

Number two is, of course, ongoing

consultations with different party-list

groups, to further improve this law.

Other than that, wala na akong nakiki-

tangway, 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, Sarmientocautioned 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 angparty-

list ehI mean yung tunay na party-

listsa political partiesKung wala

namang ganoon, eh di old Congress

ito , before Martial Law. But because

of the party-list, kahit paano, nakaka-

balance silaso may kagandahan.

Ngayon, kung lalong gumanda ang

batas, lalong gaganda ang papel ng

party-lis tsa Kongreso .

After all, the Filipino-style party-

list 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 law-

makers. 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 much-

improved party-list system in the

Philippines. Filipino-style, he added

with a smile.

---------------


http://newsinfo.inquirer.net/354315/duterte-to-

anti-dynasts-why-not-include-aquino

7 Burgonio, TJ. (2013, January 31). Malacaang

defends political dynasties. Philippine DailyInquirer. Retrieved from http://newsinfo.

inquirer.net/350097/malacanang-defends-

political-dynasties


12/16


Fred Dabu

GASTOS SA KAMPANYA, SUKDULAN NGA BA?...


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.&source=web&cd=2&ved=0CDkQFjAB&url=http%3A

%2F%2Fwww.nscb.g

Documents

UPFORUM January February2013