Party list system: Sifting grain from chaff (Sabong News)
Author
Sonny Coloma
Date
APRIL 28 2022
On Monday, May 9, Filipino voters will elect a new president, vice president, 12 senators, a representative for their congressional district, a provincial governor, vice-governor, provincial board members, city or municipal mayor, vice-mayors and members of the city or municipal council. And yes, the entire back portion of the ballot is devoted to a list of choices from which voters would choose only one party list candidate.
Last Dec. 29, 2021, the Commission on Elections published the final list of party-list candidates numbering 167; it also listed seven more parties that “were able to secure a Temporary Restraining Order (TRO) from the Supreme Court before the publication and posting of the final list.”
This is the ninth election in which party list nominees are on the ballot for election to the House of Representatives. President Fidel Ramos signed into law Republic Act 7941 or the Party-List System Act after the Senate and the House of Representatives enacted it on Feb. 28, 1995.
Up to 20 percent of the House of Representatives could be composed of party-list members; presently there are 62 active party-list members out of 308 representatives. In 1998, when the first election of party-list members was held, 14 won seats in the House, the same number as in 2001. The number doubled to 28 in 2004; and nearly doubled anew to 53 in 2007 before inching up to the latest total of members.
The least number of contenders was in 2004 with only 66, before rising to 93 in 2007 and reaching the highest level at 178 in 2010 that then tapered down to 112 and 115, respectively, in 2013 and 2016. And rising to 134 in 2019. The number of present contenders, at 173, is just slightly lower than the previous highest figure.
Indeed, the political scene has become more vibrant with the participation of party list nominees.
Ten days before the elections, the choice of party list is now also being discussed actively on social media platforms. Some party list candidates have also mounted high-profile campaigns by advertising on huge outdoor tarps in the North Luzon Expressway, South Luzon expressway and other major thoroughfares in Metro Manila.
In Viber chat groups, partisans for rival camps of presidential candidates have included party list nominees in their menu of contentious topics. One post that I read listed all the party-list representatives that reportedly voted against the renewal of the franchise of ABS-CBN broadcasting network in 2020.
Party-list representatives or candidates have also risen to prominence, among them incumbent Senators Joel Villanueva and Risa Hontiveros who previously served in the House as nominees of CIBAC and Akbayan. Former Senator Antonio Trillanes IV who is running after serving previously for 12 years, is one of the leaders of Magdalo party list.
The party list system is one of the novel features of the 1987 Constitution that was enacted after EDSA People Power restored democracy in our land. The Party-List System Act explains — “Sec. 2. Declaration of Policy. – The State shall promote proportional representation in the election of representatives to the House of Representatives through a party-list system of registered national, regional and sectoral parties or organizations or coalitions thereof, which will enable Filipino citizens belonging to the marginalized and underrepresented sectors, organizations and parties, and who lack well-defined political constituencies but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole, to become members of the House of Representatives. Towards this end, the State shall develop and guarantee a full, free and open party system in order to attain the broadest possible representation of party, sectoral or group interests in the House of Representatives by enhancing their chances to compete for and win seats in the legislature, and shall provide the simplest scheme possible.”
Since then, the Supreme Court law has been interpreted by the Supreme Court several times, with each interpretation being both applauded and criticized.
The key phrases are “proportional representation,” “marginalized and under-represented sectors, organizations and parties who lack well-defined political constituencies; and “could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole.”
Recall that prior to the imposition of martial law in 1972, we had a two-party system: Nacionalista Party and Liberal Party. Ferdinand Marcos was elected in 1965 as the standard-bearer of the Nacionalista Party to which he transferred as his party, the Liberal Party, supported the candidacy for reelection of then President Diosdado Macapagal.
The party-list system was envisioned by the framers of the 1987 Constitution as an alternative to the two-party system. “Proportional representation” suggests a broader base from which members of the House could be drawn.
Lawsuits have arisen from the interpretation of the constitutional mandate, even after the enactment of the Party-List System Act. For instance, the matter of ensuring the participation of marginalized and under-represented sectors has been raised as a conditio sine qua non for organizations to qualify to run party-list election to the House of Representatives. This was affirmed in the first two Supreme Court decisions but modified in latter decisions.
What is important is for citizens to become more fully aware of the need and opportunity to broaden citizens’ participation in the House of Representatives.
