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Transcript of UPFORUM January February2013
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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
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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
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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
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4 UP FORUM Volume 14 No. 1 January-February 2013
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-
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UP FORUM Volume 14 No. 1 January-February 2013 5
IT'S NOT OVER UNTIL IT'S OVER...
continued from page 4
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...
continued from page 3
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
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6 UP FORUM Volume 14 No. 1 January-February 2013
Andre Encarnacion
POWER FOR POWER...
continued from page 1
continued on page 11
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
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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]
continued on page 11
A r t b
y A
r b e e n R . A c u a
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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
continued on page 14
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)
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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
continued on page 14
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
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10 UP FORUM Volume 14 No. 1 January-February 2013
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
continued on page 11
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
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UP FORUM Volume 14 No. 1 January-February 2013 11
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...
continued from page 2
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.
---------------
Email [email protected]
ENABLING LAW...
continued from page 10
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...
continued from page 6
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'..
continued from page 7
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.
---------------
Email [email protected]
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.
---------------
Email [email protected]
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
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12 UP FORUM Volume 14 No. 1 January-February 2013
Fred Dabu
GASTOS SA KAMPANYA, SUKDULAN NGA BA?...
continued from page 1
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