Too much at stake in the elections. But some want more: A backdoor entrance to Congress, new "districts". The loser: the real marginalized sectors who the partylist system is supposed to serve.

The partylist system was a milestone for democracy in the Philippines, as it was intended to give marginalized and underrepresented sectors an opportunity to participate in crafting laws, as well as oversight.  While we have seen this for more than a decade, we have also seen the system’s many flaws and limitations.  And we have been witness to how some forces have used these limitations to their advance their self interests.

Given the downside of this system, we voters have two challenges: 1) to continue improving the system itself; and 2) be very discerning in voting for a partylist group, which is the more immediate task at hand.

A closer look at the list of candidates as well as their methods of campaigning is, of course, necessary.

Topping the list of concerns are a number of the candidates, whose membership and status as being marginalized are being questioned.  Rep. Mikey Arroyo is the primary case in point.  The list also includes former energy secretary Angelo Reyes, as well as other groups and representatives who are said to be allied with the current administration.  Arroyo is the nominee of the Ang Galing Pinoy, while Reyes is with 1-Utak.

Are they really qualified to run?  Can we really believe that Mikey is a one of the thousands of “marginalized” tricycle drivers, vendors, and security guards?

Former Chief Justice Artemio Panganiban himself has underscored in his column on the Philippine Daily Inquirer that both partylist and their representatives must belong to marginalized sectors:

Only for the marginalized. Comelec’s job is simple: just follow existing jurisprudence. In Ang Bagong Bayani vs Comelec (June 26, 2001 and June 25, 2003), which I had the honor of writing, the high court clearly ruled that the party-list system was reserved only for those “(1) who belong to the marginalized and underrepresented sectors, organizations and parties; and (2) who lack well-defined constituencies but (3) who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole.”

Thus, the party-list candidate must show— through its constitution, articles of incorporation, bylaws, history, platform of government and track record—that it represents and seeks to uplift marginalized and underrepresented sectors.

Ang Bagong Bayani likewise plainly held that “not only the candidate party or organization must represent marginalized and underrepresented sectors so must its nominees… who (must also) belong to marginalized and underrepresented sectors.”

Speaking of marginalized sectors, is Firm 24K really a group that represents a marginalized sector?  The group stands for: Friends of Imelda Romualdez Marcos, 24K Association.  Imelda, marginalized?  Does this mean that we can have the Noranians or the Friends for All Seasons of Vilma as partylist groups in 2013?

New “Districts” Created?

Ang Galing Pinoy’s bid for congress also shows another flaw of the system.  The other nominees in the partylist are all elected officials of Pampanga.  Surely, Pampanga’s interests, along with those of other provinces and the security guards they all claim to represent, are important.  But it is apparent that they have, in effect, created another district for Pampanga without following laws on creating new districts.  It’s a clever move, considering that Mikey could not anymore run for representative in his district because he gave way to his mother, President Gloria.

So in the absence of available districts, he in effect able to make a new one with fellow Kabalens.

But Mikey and his group are not alone in trying to  “create” new districts.

Laguna Governor Teresita Lazaro, who is completing her last term as governor, is running another the KLBP or Kababaihang Lingkod Bayan sa Pilipinas.   Former Rep. Salacnib Baterina of Ilocos Sur’s first district is running under APO or Alliance of People’s Organizations.  The current representative of the district, Rep. Ronald Singson, is running for reelection.  Ronald Singson is the son of Luis “Chavit” Singson, who is running for governor.

Former Rep. Miles Roces is making a bid to return to the House of Representatives through the Puwersa ng Bayaning Atleta (PBA).  He is the son-in-law of former DENR Secretary Lito Atienza, who is running for Mayor of Manila.

Dynasties

One also wonders if the partylist system has also been invaded by dynasties and those who wish to create them.  Roces’ case makes one think of that.  I mentioned Angelo Reyes.  His son, Jett, is also running in Taguig.  Maynard Lapid, the son of reelectionist Sen. Lito Lapid, is running under Yes We Can, Inc.

Maria Evangelina Palparan, the wife of now senatorial aspirant Jovito Palparan, is making a bid to take over her husband’s position as partylist representative.

Mother and son Adelaida and Eulogio Magsaysay are nominees under the same partylist, the Alliance of Volunteer Educators (AVE).  Apart from AVE, the Magsaysays, have long been considered a dynasty in Zambales.

There are also allegations that the Adhikain ng mga Dakling Anak Maharlika (ADAM) is a front for the Ampatuan clan of Maguindanao.  Two of its nominees are Zamzamin L. Ampatuan and Bai Puti L. Ampatuan.  Zamzamin has denied this allegation.

Support for Major Political Parties

While the administration has been charged with infiltrating partylists, a number partylists have also partnered with other major political parties.  We have seen this as a trend in the past few months, as more and more partylist groups have come out to openly support presidential candidates.  Akbayan is openly supporting Noynoy Aquino, as its current representative, Risa Hontiveros, is running for Senator under the Liberal Party.  Meanwhile, Gabriela is supporting Manny Villar, as Liza Maza makes her bid for the Senate.  Agham, a group of scientists and inventors, is also open about endorsing Villar.  And the most obvious Villar supporter, AKAP Bata partylist, plays a remixed version of Villar’s jingle.

The Philippine Center for Investigative Journalism has reported that mutual support between the presidential bets and their partner partylists has allowed the former to circumvent provisions on the airtime of advertisements.

Personally, my greater concern about the unlikely partnership is how it would affect the legislative agenda and oversight role of the representatives should they win or get reelected.  Let us say, for the sake of discussion, that Villar and Agham win, and Agham files a bill that Villar and the administration coalition will not support.  Who’s agenda gets followed then?  Will partylists that partner with major political parties still enjoy independence, most especially if they get funding from the political parties?

Reforms + Voters’ Education

Given the flaws in the system, as well as the Comelec’s inconsistencies on which groups are allowed to run, an informed public is the best weapon against voting for the wrong and invalid partylists.  There is still much room for improvement insofar as voters’ education is concerned.  There is still a great lack of awareness of majority of the population.  Which is why it does not come as a surprise that some partylist groups have been using ridiculous names just to be the first name on the ballot in order to get the immediate attention of an uninformed voter.

Let’s also hope that the next congress make the reforms to improve the system.  Apart from the crafting of laws, we want to make sure that the P70-M annual pork barrel allocated to each congressman goes into good hands.  And we want to make sure that they are not just mere additional hands or votes when the lower house makes important decisions that affect the lives of more than 90 million Filipinos.

Kontra Daya convenors Fr. Joe Dizon, Sr. Mary John Mananzan OSB and director Bibeth Orteza lead members in a march to the Comelec. Photo grabbed from Kontra Daya.

Independent poll watchdog Kontra Daya recently published a list of nominees of 112 partylist groups running in the May 10, 2010 elections, asking the public to send information about the links of any of them to the government.

Partylist group Bayan Muna has earlier assailed presidential son and Lakas-Kampi Rep. Mikey Arroyo’s nomination as partylist representative of Ang Galing Pinoy, as well as the latter. Bayan Muna claims AGP copied its constitution and other basic party documents “word-for-word”.

Alleged government partylists in the May 10 elections

Here meanwhile is a list coming from the Commission on Elections. If you know of any of these partylist groups and nominees who are supposedly identified with the Arroyo administration or funded or organized by government, please leave a comment.

Comelec list of partylist groups and nominees

At the same time, KATRIBU named partylist groups said to be fielded for or in behalf of President Gloria Macapagal Arroyo and her allies.

If KATRIBU wins, anyone of its five nominees would be the first from their tribes to become a Member of Congress:

1. Beverly Longid, who is of Bontok-Kankanaey ancestry and a noted human rights lawyer in the Cordilleras
2. Genasque Enriquez, a Manobo farmer, single-motor driver and community development worker from Surigao del Sur
3. Nelson Mallari, an Aeta community organizer and an indigenous rights and environmental activist from Pampanga.
4. Kerlan Fanagel, a B’laan from Sarangani Province
5. Virgelio Aniceto, an Ibaloi from Benguet

KATRIBU said that no one among its nominees is connected or related to the Arroyo administration.

At the same time, KATRIBU assailed “fakes” and “administration-backed” partylist organizations allowed by the COMELEC to join the May polls.

They are:

• Adhikain ng mga Dakilang Anak Maharlika (ADAM) partylist headed by Energy Undersecretary Zamzamin Ampatuan
• Agapay Indigenous Peoples Rights Alliance (A-IPRA) headed by Eugenio Insigne, a commissioner for the Cordillera Administrative Region and Region 1, and former chair of the National Commission on Indigenous Peoples (NCIP), an agency under the Office of the President
• Partido ng Katutubong Pilipino, headed by Jannette Serrano-Reisland, also a commissioner for Region XII and former chairperson of the NCIP
• Abante Tribung Makabansa (ATM) which was said to be publicly endorsed by Jesus Dureza, President Arroyo’s adviser on Mindanao and chair of the newly-created Mindanao Development Authority (MinDA).

President Arroyo appointed Insigne and Serrano-Reisland to their posts in the NCIP.

KATRIBU said that ATM was “formed by the Mindanao Indigenous Peoples Conference for Peace and Development (MIPCPD), whose council of advisers reportedly include Dureza, Energy Sec. Angelo, Reyes and Army Col. Allen Capuyan.”

KATRIBU adds that Capuyan, a former head of the Intelligence Services of the Armed Forces of the Philippines’ special operations group, figured in the controversial ‘Hello Garci’ wiretapping operations.

The entry of partylist groups of President Arroyo’s supporters, including her son Mikey, has been condemned as a bastardization of the partylist system which the Constitution provided as a mechanism to provide representation in Congress to marginalized and underrepresented sectors.

A Filipino worker in Hong Kong practices on a magic slate. Photo by UNIFIL.

Overseas Filipino workers in Hong Kong on Sunday started to practice filling up sample ballots to be used in the upcoming automated polls, the first-ever to be done in the history of local and overseas Philippine elections.

Gabriela Women’s Party and Migrante affiliate United Filipinos in Hong Kong  (UNIFIL) set up practice tables at Chater Road and invited OFWs to practice ballot shading on specially-made magic slates.

According to Gabriela’s Cynthia Abdon-Tellez, “OFWs are anxious on how the voting will go and how can they ensure that their ballot does not get spoiled. Through this practice, we hope to familiarize them to the size of the ballot and how to properly shade their candidates of choice.”

The biggest Filipino organizations have endorsed and vowed to campaign for Nacionalista Party/Makabayan senatorial candidates Liza Maza and Satur Ocampo, and for partylist group Gabriela.

Overseas absentee voting starts April 10.

Abdon-Tellez said that the four Sundays starting April 10 may not be enough to accommodate all eligible Filipino voters in Hong Kong whose numbers hover at 90,000.

Voters in Hong Kong practice shading the OAV ballots. Photo by UNIFIL.

Majority of OFWs in Hong Kong work as domestic helpers and may only be able to vote on Sundays.

Filipino leaders are also critical of the preparations for OAV in Hong Kong, assailing officials for their “nonchalant attitude” towards voters’ concerns.

Apart from Hong Kong, the Comelec and the Department of Foreign Affairs have said that automated overseas absentee voting would also be held in the city-state of Singapore.

Abdon-Tellez said that their groups will bring the “magic slates” to other areas of Hong Kong to reach more Filipino voters.

Prof. Felix Muga at a previous CenPEG forum.

In the coming May 10 elections, each of the 187 Party-list groups gunning for seats in the lower House will need at least 630,000 votes to be assured of one seat. This is assuming that 62 percent of the registered voters of 50.7 million will troop to the polls and also vote for the Party-list group of their choice.

The number of votes needed to be guaranteed one seat has increased in the last three elections beginning in 1998 except in 2001. From 183,107 votes in 1998, the aggregate number of votes to be assured of one seat has increased to 254,440 (2004), 306,757 (2007). It is projected to be 630,000 this year based on the January 2010 survey results of Pulse Asia.

The Carpio Formula now used by the Commission on Elections (Comelec) may have increased the number of Party-list representation in the House of Representatives but it will also narrow the overwhelming majority of the seats occupied to just one nominee.

Equally a critical concern is that the new formula for proportional Party-list will likely disenfranchise hundreds of thousands of voters. This means that many voters who elected their Party-list group may find their votes that would have qualified for a seat under the principle of proportional representation technically not represented at all.

Here’s why:

The “proportional” Party-list system (Republic Act 7941, Party-List System Act) is an attempt of the State to promote proportional representation in the election of members of House of Representatives for the marginalized and underrepresented sectors, organizations, and parties.

Under the law, 20 percent of the total number of members of the House must come from the Party-list but the number of seats that is assigned to a Party-list group is limited to a maximum of three seats.

The seat allocation procedure of the Party-list law has been fuzzy since the beginning. It was the subject of a number of petitions in the Supreme Court (SC) for many years. In the first three Party-list elections, the Comelec used the “2-4-6 Rule” wherein a party-list group with

• At least 2 percent but less than 4 percent of the total party-list votes will get one seat, or
• At least 4 percent but less than 6 percent of the total party-list votes will get two seats, or
• At least 6 percent of the total party-list votes will get three seats.

The rest of the Party-list groups with less than 2 percent of the total Party-list votes will have no seat.

The “2-4-6” Rule made it difficult to fill up the 20 percent mandate – in fact, in less than one-half of the total seats allocated were filled up.

Then in the 2007 party-list election, the Comelec adopted the Panganiban Formula based on an SC decision in the Veterans case. In the Panganiban Formula, all the party-list groups with at least 2 percent of the total party-list votes (the two-percenters) were given a guaranteed seat. Those with less than 2 percent received no seats.

The Panganiban Formula gave the leading party

• Two additional seats if it received at least 6 percent of the total party-list votes, or
• One additional seat if it received at least 4 percent but less than 6 percent of the total Party-list votes.

A two-percenter will receive

• Two additional seats if its number of votes ties with the leading party, or
• One additional seat if its number of votes is at least one-half but less than of that of the leading party, or
• No additional seat is given if its number of votes is less than one-half of that of the leading party.

However, in April 2008, the high court overturned the computation by introducing a new formula now called as the “Carpio Formula.” The new formula increased tremendously the total number of allocated seats.  In fact, only two seats were not allocated because of the disqualification case of Batas party-list which is supposed to receive two seats.

The Carpio Formula has more than one round of seat allocation.

• In the first round, it allocates one seat each to the two percenters and no seat to the rest of the party-list groups.
• In the second round, the additional number of seats for the two percenters are determined by multiplying the remaining number of seats after the first round to the percentage votes of each two percenters based on the total party-list votes. The whole number of this product corresponds to the number of additional seats. However, if the whole number is greater than two, only two additional seats are awarded. If the whole number is zero, no additional seat is given to the concerned two-percenters.
• If there are party-list seats not filled up yet, the non-two-percenters are ranked from the largest number of votes to the smallest number of votes. The remaining seats are allocated by awarding one seat each to the non-two-percenters that are ranked higher until all the remaining seats are exhausted.

Since the party-list system is a mechanism of proportional representation, one party-list seat is equivalent to the: Total number of party-list votes/ total number of party-list seats. In the 2007 party-list election, the total number of party-list votes (excluding Batas) was 15,337,808. Since the total number of party-list seats is 54, one party-list seat is equivalent to 284,034 party-list votes.

In the 2007 party-list election, Buhay obtained 1,169,338 votes. Applying the principle of proportional representation it should receive 1,169,338 / 284,034 = 4.1169020 or about four seats. But the Carpio Formula maintains the 3-seat cap, hence, Buhay received only three seats. This means that the voters whose votes determined the 4th seat of BUHAY are disenfranchised by the CARPIO Formula. In the case of Buhay, the number of  disenfranchised voters in the 2007 Party-List Election was at least 284,034.

On January 22-26 this year, Pulse Asia conducted its first pre-election nationwide survey on the Party-list with 1,800 respondents, 18 years or above. The survey found that about 31 percent of the total respondents were aware of the “proportional” party-list system, but still 62 percent gave their party-list preferences.

In that survey, the leading party with the highest percentage rating was Bayan Muna (BM) with 8.03 percent. Pulse Asia applied the Carpio Formula with 57 party-list seats for the 2010 Party-List Elections. The findings showed that BM will likely receive three seats if the party-list election were held on the survey date.

But applying the principle of proportional representation, BM should receive 8.03 percent x 57 = 4.5771 or at least four seats. With the 3-seat cap, the voters that determined BM’s fourth seat will likely to be disenfranchised. Assuming that 62 percent of the registered voters of 50.7  million will vote for the party-list group of their choice, this fourth seat is equivalent to half a million disenfranchised voters.

[This article was first published as part of CenPEG's Election Forensics series.]