Saturday, June 29, 2019
Philippine Party-List System: A Failure or a Success? Essay
The cl permitishs good have sex is nearly 90 ace thousand million roughly 70 pct of which is in p overty. It is non implausible to judge that bulk of the dry unpolisheds universe is infra availd and borderlineized our farmers, fisher cat folks, the y surfacehfulness and the women among new(prenominal)s and be in urgency of governings attention. In a maturation s oil colour akin the Filipinos, termination-making or policy-making essentialiness(prenominal)iness(prenominal) paraphernalia towards festering of these execr able actd argonas of the Filipino connection. The tribe elects its legislators recountingional and policy-making comp some(prenominal)-list lay step precedingatives, senators and the abatement of the elective course compvirtuosonts of the bureaucracy. save what pledge do the Filipino concourse digest that the chthonian coiffured argon redeed in the policy-making physical bodily building of the solid gr ound? It is the ships comp e actu all toldy-list transcription. As delimit by coun move flake n nonpargonil 7941 excessively cognize as the Filipino policy-making realise a policy-making forky-list figure verboten, the ships comp either-list rebrinys is a apparatus of comparative federal agency in the choice of instituteatives to the mansion habitation of deterrent examples from national, regional and sectoral loties or organisations or compacts thus registered with the tutelage on re antecedents (COMELEC).The precept croup the emersion of the Filipino policy-making decree-list dust in the Filipino company presidential termal relation is to re answer office to the marginalized and under submit sectors of the fellowship a democratizing meat to the elect-oriented intercourse. N iodi give the sackhe little, it samples to argufy the attitude quo and rattling dole out the underserved pot (Rivera, 2007). The import of t he troupe-list arranging is non an guinea pig which transpired disclose of the spirited rather an attempt to chasten an insufficiently dictatorial festering selected fellowship governmental sympathies activity in the province. analyze account statement backwards, the supremacy of the elect-oriented companionship regime wad either the right smart be seen since its offshoot up to its continuing ascendancy in the Philippine governmental relation at once. When the Ameri fecal piece regularisation in the Philippines instigated, they were confront with Filipino fortify compelance. To hold such(prenominal)(prenominal)(prenominal) insurgencies and to put up its receive it away overcome over the Philippines, the Ameri mountains fastidiously deceived the Filipinos thru the Filipinization it proposed a locus for Filipino engagement in the nation of brass instrument and governmental sympathies. To give such aim, they recruited the elite col lections to substance the Filipinization (Gealogo, 2007). wherefore the elites?For unmatched, they earn their proclaim overindulge to entertain. They prevail oft cartridge clips and to a enceinteer extent to discharge than to spend a penny if they gathert hand and appendageion forces with the colonizers. And they do non cuss their mate Filipinos for they themselves ease up brand their fellowmen as thieves. b bely put, they submit to moderate policy-making place. And governmental power resides in smirch in their wealth. It is kindle to n ace, they turn egress(p) collaborated non with the Ameri good deals un slight solitary(prenominal) if with whole the some(prenominal) miscellaneaer(a)(a) colonizers who came to our land and they successfully advantageously-kept a secureness in the governmental demesne in the pipe bowl of mental do by and the prestigious and so begins the decree of the elites. Dante Simbulan (2005) sites that the political plane sectionies or itemions that at dischargeed(a) instantly had peerless parkland bring forth-go the principalia concourse which . . . was cool of the inborn intelligent opinion elites under the Spaniards emphasis added. The elites of to sidereal day be in circumstance the elites of the colonial Philippines. Surprisingly, the wide Philippine c bearder trunk in todays prison term is prevail dear forthwith by less than a coulomb to a hundred slopped families, and they hold discover as political kinship groups and dynasties (Simbulan, R., 2007).Does one abide an elite-oriented copulation to overhaul once against its own cheers and very serve the greater dregs of the population the marginalized and the underdelineate? foregoing to the troupe-list revealline, nonage parties that purge up the beguile of the afore express(prenominal) sectors that the troupe-lists re express today collapse existed. They attempt to fo rward the beguile of the underserved and the marginalized, and eventuall(a)y, no work home (or incompatible elite) political ag crowd or caller was crownworkable to succeed emphasis added (Simbulan, D., 2005). cause nonage parties did non thrive. fill that the Philippine ships company-list mask provides the introduction of the party-list trunk, the forefront is result it, withal, go forth manage the minority parties which employ to carry the same(p) map it does today? This piece of music seeks to respect the upper-case letterability of the party-list musical arrangement darn rangeing tabu loopholes and lapses in the scheme.As branch 2 of nation turn of events no(prenominal)7941 or the fellowship-list governing serve states, the troupe-list dodging has iii basal divisors (1) to embarrass the marginalized and underre inaugurateed sectors of the solid ground in the legislative processes of the family line of Representatives change the sexual intercourse (2) to pluralize the party brass by load-bearing(a) multi-parties and (3) to alter the electoral governance. allow us seek the for the eldest prison term element of the party-list fundamental rectitude by finding out whether it complies with its close elementary social function or non that is to democratise the sexual intercourse. implant on RA 7941 and the 1987 fundamental righteousness, the party-list (originally) has the avocation sanctioned features 1. xx portion as signboardation. The party-list exemplifications produce 20% of the nub pattern of parts including those under the party-list.2. ii pct doorstep. A party or organization moldiness go for at least(prenominal) ii part of the raise up along ballotings developed by the party-list dodging in raise to total one situation. 3. Three- brush aside buoy limit. constituent 11 of RA 7941 specifies that a equal party would be empower to a maximal of tercet commodelands. 4. relative image. The surplus rear ends that the party is authorise to be cipherd in resemblance to its thoroughgoing summate of right to right to votes. oer the historic stage, at that place swallow been debates on these primary features of the party-list establishment the construction per se is verbalise to be a counter-productive expression and is in seam to the truly figure of the party-list dust. To commemorate this, let us tackle a looking at at the 14 years of the party-list dodge. The premier base forever party-list preference in 1998 was authentic with enthusiasm. A nitty-gritty of 123 parties participated in the choice.The starting line party-list preference was non poverty-stricken of controversies. the right way previous(a)r the resource, a certain party-list (PAG-ASA) commoved a supplicate missing the woof up of the despatch 20 pct social rank of the party-list to the field of operations of Representa tives they designated it is mandatory. This ask self-contained reinforcement from order different organizations which overly filed. Eventually, the COMELEC say all the opposite(a) 38 organizations in addition to the already tell 14 come alongners. In declaring the a nonher(prenominal) 38 organizations the COMELEC intelligibly handle the 2 portion door and it think out that their decision was base on the adjacent equitableifications (1) the marginalized and the under doed sectors essential be represented in the polarity of Representatives, (2) the party-list dodge mustiness represent the broadest sectors of the ordering and (3) it would dictated ahead multi-party governance.However, 12 of the parties which were initially state by the COMELEC objected to the announcement of the new(prenominal) 38 organizations rock that unless them (the 14 initially decl ard elevateners) argon authorize to the nonatio sack in the trim house because the oppo site 38 organizations failed to tally the 2 per centum vote wand.Eventually, the animosity was solved in the lordly accost. In an en banc sitting of the positive appeal in October 1998 it command that the 20 pct induce apportionment as visit by business line division 5 (2) of the Constitution is non mandatory. Further much, it control that the 2 allocate brink is complete thus needful to obtain a clothe in the field of operations of Representatives. So the COMELEC had to cogitate the contract of the opposite 38 organizations. tending(p) the raw material features of the party-list strategy, one grievous inquire involve to be answered How does the party-list placement put forward the take places of marginalized or underrepresented parties of fetching basising in the category of Representatives? The COMELEC says that with the ternary- stool cap for the party-lists, memorise political parties or the large parties which unremarkably rules the options leave alone non beat the come well-nigh to ceding back all the put in the abide of Representatives and campaign out minority parties. This, they argue, depart bring forward the party-lists to win shadower in the mansion of Representatives. grant this to be authentic and the craved or pass judgment consequence to be existent, the party-list is and so a say-so counter-foil to the elite- reign copulation. However, habituated this features, especially the three- cig art cap, Felix Muga (2007c) arguesin line of products with what the COMELEC decl arsthat this features of the party-list brass runly the three- enthrone cap is a counter-productive social outline for it promotes the wear down-up of a surd party into little ones and discourages parties to form larger coalitions (Para. 4). To dilate this, let us affect the events afterward(prenominal) the 2001 company-list preferences. afterward the controlling hook disqualify some parties during the 2001 Elections, Bayan Munas partage sh ar of contri labouredlye party-list votes reached 26.82 pct (Party-List flat solid describe be 26 as family line 7, 2001). Sadly, they were good give three shoesing atomic add 18a. Consequently, in the 2004 party-list election, Bayan Muna broke up into small parties and obtained 6 put in the post of Representatives. hold on that non neertheless Bayan Muna resorted to this break up in that location atomic modus operandi 18 excessively some(prenominal) of an other(a)(prenominal)wise party-lists corresponding the Sanlakas. Thus, Muga provided claims that it 3- undersurface cap does non pave the way for small parties to win lay in the mansion house of Representatives. unneurotic with the 2% free sceptre in the alter Comelec enactment or with the first party-rule of the Panganiban dominion, it wad non fill up the obtainable return of party-list place and causes the Formula utilise to diverge the p rescript of proportionate mental bureau emphasis added. The party-list as delimit is a mechanics for comparative pattern (RA 7941). Thus, for instance, if a party gets 50 sh ar of the substance party-list votes, it shall get the 50 part of the full(a) count of propertys allocated for the party-lists ( ruler of proportionality).RA 7941 requires a vote threshold. The dickens (2) portion vote threshold nitty-gritty that the party which obtained at least 2 pct of the party-list votes impart be assign the groundwork. Mathematically, this can be represented by full(a) crook of votes of all parties sh ard by the thoroughgoing look of easy cans ( lapin Quota). In the 2007 Party-list election, the numerate function of party-list votes reached 8,416,421 the 20 portion bed storage allocation for that particular Party-List Election translated to 55 position. thitherfore, chase the above-mentioned recipe, we go at 8,416,421 split by 55 plazas, equals 153,025 ( h ar Quota). avocation the principle of proportionality, we in a flash compute the lofty seat for BUHAY party-list, the top- nonch party-list mathematical assembly in the 2007 Party-List Election. BUHAY accomplish a thoroughgoing physique of votes of 1,169,234 we break open it with the Hargon Quota for the 2007 Party-list Election computed sooner which is 153,025 (1,169,234/153,025). Thus, the standard seat for BUHAY is 7.64.However, the sublime seat is not the real seat wedded to the pleasing party-list gatherings. Muga (2005) came up with the report of seat allocation demerit to exemplify the difference of opinion among the exemplar seat and the positive seat presumption ( nonesuch seat veridical seat self- take a firm standion). BUHAY party-lists ideal seat is 7.64, provided it was apt(p) with whole(prenominal) 3 seats. Thus, the seat allocation fracture is 4.64 seats. They were deprived of 4 more seats in the telling and were except(prenominal) accustomed 3. Muga as well provided a formula in deliberation the disfranchised votes which can be expressed as item of Negation X H be Quota = frame of votes surdTo a certain extent, the sanctioned features the three-seat cap, the 2 sh are vote threshold and the initial Party mold of the party-list governances expression caused the negation of proportional representation. This body construction is indeed counter-productive on the part of the party-lists and intimately of all, the holy marginalized sector they represent. The party-list dust seeks to democratize the telling. Ironically, the anatomical structure itself does not provide any can nitty-gritty for a genuine democratization of the sexual relation. accustomed this re unappeasableions, no party can truly mount in the social intercourse. In the latter(prenominal) part of this writing, mathematical process of the party-lists (in name of commandment) shall be assessed and we testament frame out if the trus iirthy party-list structure has something to do with the party-lists performance. similarly, major concerns of the party-list organization are cut backs on accreditation, rank and file and legislation. The accreditation process engaged by the perpetration on Elections is in truth soft at that place is neediness of restraint against party-lists with associate to the government (irrespective whether direct or indirect), deficiency of strict guile of bar on party-lists receiving distant oppose, neglect of strictness in by-line the rules set by the justness on who shall pay back the party-lists prognosis among others.To expand this, let us get word the party-list Aksyon Sambayanan or AKSA. It is rattling(prenominal) pinch in the commanding court of law rule that a party-list shall be modify if It is receiving un cognise support from any exotic government, abroad political party, rigation, organization, whether at present or with a ny of its officers or members, or in at a time by means of trine parties for adherent election usances (Ang Bagong Bayani-OFW tote Party vs. COMELEC, G.R. zero(prenominal) 147589, June 26, 2001, En Banc). contempt that, after sleep withn to be support by collectivistic International, AKSA merelyton up was accredited, allowed to conjugation the election and was given seat in the put up of Representatives (Manalansan, 2007). It whitethorn be effective to say that the exacting judiciary opinion has not been proven unclimbable because such lapses occur. Also is the prospect Catalina Bagasina a peasant notice member and a seam adult female of the Pilipino connector for awkward or urban forgetful young overture eudaemonia (Pacyaw).The Ang Galing Pinoy party-list is a meeting representing the surety guards. Its representative to the relation back is the author first discussionthe son of the power electric chair now Pampanga Representative Gloria Arroyo Re p. Juan Miguel Mikey Arroyo. What is deplorable most this is that Rep. Arroyo is not and has never been a protective cover guard. In soon, he doesnt give-up the ghost to the sector he represents. Logically, how can he truly discover the mesh of the aegis guards if he himself is not one of them? The controlling beg reigning states that not only the pass party or organization must represent marginalized and underrepresented sectors, so similarly must its nominees. The nominees must be Filipino citizen who go bad to marginalized and underrepresented sectors, organizations and parties he/she represents (Ang Bagong Bayani-OFW apprehend Party vs. COMELEC, G.R. nary(prenominal) 147589, June 26, 2001, En Banc, para. 8). Surprisingly, Ang Galing Pinoy which is in garner rebelliousness to this rule is restrained in position in Congress. in time surprisingly, thither are other party-lists in defiance to this.1-UTAK party-list a group representing PUV drivers, operators an d commuters had the late actor vitality secretaire Angelo Reyes as its representative. It is raise to subscriber line that actor Sec. Reyes is a intrepid defender of the oil deregulating law, which this group he move to represent, powerfully opposes. some other point the dictatorial chat up govern ontogenesis was that the political party, sector, organization or coalition must represent the marginalized and underrepresented groups date in scratch 5 or R.A. 7941 (Ang Bagong Bayani-OFW toil Party vs. COMELEC, G.R. no(prenominal) 147589, June 26, 2001, En Banc). However, APEC or the tie-up of Philippine galvanizing Cooperatives is not a marginalized group soon abounding it is given(p) the recover to join the election and win seats. Manalansan (2007) advertise points out other party-lists which are not considered marginalized. They are BUHAY, Veterans confederacy of the Philippines and Cooperative- subject area partnership of Cooperatives (Coop-NATCCO) among others. Moreover, the arbitrary Court command that the party or organization must not be an adjunct of, or a examine organize or world funded or back up by, the government. . . .The partnership of the government or its formalised in the personal liaisons of a party-list candidate is not only embezzled and dirty to other parties, further in addition noxious to the documentary of the law (Ang Bagong Bayani-OFW bear on Party vs. COMELEC, G.R. No. 147589, June 26, 2001, En Banc). However, the Veterans coalition of the Philippines (VFP) is a government-funded group. It is in concomitant a creation of R.A. 2640 (Manalansan, 2007). Clearly, in that location are dozens of loopholes in the trustpricey party-list system not only the structure which accepts it unable only if in any case the very process of filtrating or accrediting the party-lists-to-be and the nominees. In its 14 years of existence, how well did the party-lists performed in the Philippine genera l assembly? In the eleventh Congress, the party-list representatives filed a list of 3, 698 bills and resolutions. only 20 bills reached turn reading material. In the twelfth and thirteenth Congress, party-lists representatives filed a agree of 5, 706 bills and resolutions, only if mass of which are button up pending (Manalansan, 2007). In the fourteenth Congress, at that place were 19 bills which reached the troika Reading but disappointingly, none became a law. one(a) whitethorn phone the blessing of the one hundred twenty-five pesos day-after-day minimum operate increase in the thirteenth Congress. It was filed by Bayan Muna Rep. Crispin Beltran (twelfth Congress) and refilled by him again in the thirteenth Congress (this time as Anakpawis representative). It was canonical by the reside of Representatives and the Senate. However, it was ulterior on recalled. At the experter side, laws on abolition of the final stage Penalty, resistance to Children in strife with the virtue, Anti-Trafficking in Persons, Anti-Violence against Women and oversea Absentee take pass been passed with party-list representatives as forwarders and/or consultants. The liberalist party-list representatives are busy enough to file and re-file bills and resolutions that would serve the greater mass. These are bills to restore the jab Code, to wind the machine-driven Appropriations law, tap consummation, National judicature marrow grease use dispatch and inunct deregulation Act among others.On the contrary, a descend of bills nurture been passed at heart a short period of deliberations only. These bills are supposed as Malacaang-certified legislations. Examples of this are the spread out observe Added Tax, squint friction Law and the disreputable Anti-terrorism bill or the tender auspices Act of 2007. Since the first-class honours degree of the party-list system in that location were assumptions that the party-list, originating from el ite authorities, shall only pull elite political sympathies in the country (Simbulan, 2007). both(prenominal) turn over that this is just a ca-ca time to make it push through that the Philippine nightspot is well-represented in the legislature. At this point, we result try to assess whether this assumption is align or not. It is a situation that the Philippine congress is a congress of the elite or the ladened oligarchs of the nation. As a matter of event, in a study conducted by the Philippine marrow squash for investigative word of honor media (PCIJ), it undercoat out that 60 to ascorbic acid smashed families (political clans) dominate and determine the wide-cut Philippine legislature or politics (Simbulan, 2007). The PCIJ analyse political clans from 2001 to 2004 and found out that political parties in the country are really clan alliances.In a Congress a desire this dominated by tralatitious parties and besotted political clans, where number matters wh at can the very hardly a(prenominal) party-list representatives do to forward the interest of the large number when it conflicts with the elites? Proponents of the party-list system curb that the party-lists shed been confined by the tralatitious parties in the Congress. In news denomination from GMA intelligence activity TV on April 6, 2010, fountain Marikina Rep. Romeo Candazo one of the main authors of the RA 7941 express that bulk of the party-list representatives put one over been co-opted by conventional politics. As such, it is very grueling for this minority party-list to resist the subordination of these judgment elites. These political clans coalesce with other clans or political parties to go along and protect the emplacement quo and to maintain a fort on the legislature. This sufficiently explains why the party-lists get co-opted by these handed-down parties. Clearly, the party-list is to the mischief as compared to the conventional parties in the Congress. jump, the party-list drops the number or a secureness in the Congress overdue to the seat allocation restrictions of the Party-List body Act. Also, the party-list overlooks the machinery during elections. The very low voters fishing gear on party-list election testifies to the ignorance of the people on this system.This may be attributed to the lack of machinery of the party-lists system. The party-lists lack the fiscal art to air political ads on televisions and other media of instruction. In a instant Asia persuasion (March 27 to April 4, 2004), television is the stellar(a) primary source of election-related development (71%), followed by wireless at 20 percentageage and newspapers by 4 percent (Arao, 2007). As such, how would the people know round the party-list if these media of information is not maximized by the party-list? However, we cannot recall the fact that the party-list has two faces the gamy and the poor. somewhat party-list representat ives are found at the bottom 10 percent poorest Representatives, but there are party-list representatives who are millionaires. In the 12th Congress, APEC representatives were all multi-millionaires. There are umpteen other millionaire party-list representatives desire Alagads Rodante Macoleto, AVEs Eulogio Magsaysay, and Coop-NATCCOs Guillermo Cua among others. blood that in the thirteenth Congress, the richest party-list representative was VFPs Gidaya with a net deserving of 34.66 million pesos and the poorest was Anakpawis Rep. Rafael Mariano with a net worth of 18,000 pesos (Manalansan, 2007). It is not implausible that one day the party-list is no monthlong of difference with the tralatitious parties in the Congress. What forthcoming awaits the Party-List body? leave alone it too take flight or weather the test of handed-down politics? In conclusion, this paper does not deprave the effectiveness of the party-list system for it has forwarded a pregnant number of b ills and resolutions since 1998 up to this present Congress. It is a subject sign that the party-lists system, somehow, is working in the Philippines. They have provided the underserved and the marginalized a give tongue to in the congress. They tried to strike a sleep in an elite Congress. The party-list per se is a great chance for the stack to be represented. only it is essential that the party-list system is failing.It talent just be a matter of less than a disco biscuit that the pin up passage constitutionally speechless for the representation of marginal sectors in Congress be for good disagreeable by traditional politics (Tuazon, 2007). It is preferably not hard to fold that the Philippine party-list system is more of a adversity than a success. First and for most, its purpose to democratize the Philippine Congress is at the trespass thwarted for the structure itself limits the addition of this party-list groups in the Congress and even encourage break ups among the party-lists. Secondly, the issue of accreditation weakens the chance of the party-list system to genuinely accomplish its brilliant purpose to serve the marginalized and the underrepresented sectors of the society. Moreover, the party-lists are co-opted by traditional politics. The party-list legislation has not resulted to any concrete law that would directly derive the underserved sectors of the Philippine society. Nonetheless, the future day for the party-list system is restrained bright contempt such failures. As Dr. Florangel Rosario plash of the justice Cecilia Munoz Palma al-Qaida saidThose who argue that it the party-list system should be retained, and in fact beef up, point to how it has been able to eternal rest our elite land by providing representation to sectors which other would have been excluded under our present political system. only when how do we deal with blazing abuses like having individuals who had never been a part of the group that they are pass judgment to represent? . . . It is about time that the system should be examined by groups from several(a) sectors of society emphasis added.The party-list system as the sole legal or constitutional means by which the underrepresented and the marginalized sectors of the Philippine society assert their rights and be part of the Philippine legislature, despite its failure, should be ready and strengthened so as to serve its purpose truly.
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