Comelec urges changes to party-list law as political families find their way into system

Commission on Elections (Comelec) Chairman George Garcia on Wednesday said Congress should amend the Party-list Law as soon as possible to prevent political families and power brokers from abusing the law’s loopholes and easing out genuine representatives of the marginalized sector.

At a multi-party dialogue on the role of party-list organizations in political and electoral reforms organized by pro-democracy coalition Participate in Taguig City, Garcia argued that loopholes in the 1995 law, coupled with contradictory Supreme Court decisions, allow those who already hold so much political power to take over the party-list system. These include:

• allowing the sudden substitution of all five nominees, after the party-list is proclaimed a winner;
• the Supreme Court decision (Atong Paglaum vs. Comelec) allowing anyone who has a “proven advocacy” to become a nominee of a party-list group; and
• limiting Comelec’s authority on party-list accreditation to prior to the party-list’s proclamation as election winner

“This should really be pushed forward in Congress. Mahirap po tayo mabiktima lahat niyan. ‘Yung mga party-list ngayon, madami po diyan naka-experience, ilang beses silang nanalo, biglang natalo, biglang nawala sila. Bakit? Eh kasi may mga pumasok, sa dami na rin po ng mga political families ang nagke-create ng party-list group,” Garcia said.

(We need amendments to the law because otherwise, all of us will become victims here. The party-list groups who used to win often are losing ground. Why? Because political families are already in the picture and establishing party-list groups.)

“Kasi na-realize nila e, bakit nga ba hindi, tayo na lang magpatakbo [ng party-list], kesa magsasama pa [ng ibang grupo para manalo]. At alam natin, kahit paano, may boto kasi sila eh. So iyong traditional party-list organizations, nawawala. Iyan ang present reality. Of course, the Comelec can also be blamed, but the culprit is really the law. To date, [Republic Act] 7941 is yet to be amended, that is why the Supreme Court is forced to make judicial legislation to supplement the lacking provisions of the law,” he added.

(They realized, why do we need to tap allies from their ranks when we can run the party-list group ourselves? And we have to admit that they have the votes to pull it off. So those traditional party-list groups are eased out.)

Garcia also recalled several instances of party-list groups’ presenting legitimate representatives and members of the marginalized sector during the hearing for their accreditation before the poll body, only for the party-list groups to list a different set of individuals as nominees during the filing of candidacy.

In addition, Garcia cited Section 8 of the Party-list law which allows the Comelec to accept changes of names or alteration of the order of nominees after initial submission to the poll body during the following circumstances:

• the nominee dies
• the nominee withdraws in writing or his or her nomination 
• the nominee becomes incapacitated

This provision, Garcia said, allows all the nominees of a winning party-list to resign, then submit another set of individuals who are not necessarily members of the accredited party-list but instead belong to a group with a “proven advocacy.”

“I would understand if only one or two of the nominees chose to resign. What about the issue of misrepresentation? During the hearing [for accreditation], they presented people who are not popular. And then, by the time the party-list is proclaimed a winner, there are suddenly new names,” Garcia said.

“That is why my suggestion is for us to mandate submission of 15 nominees. If all of these people are exhausted [due to resignation], we will refuse to accept [new nominees]. They can go to the Supreme Court and ask the court for the Comelec [to accept their new nominees]. Siguro naman, hindi naman lahat ng 15 magkakasakit, magre-resign, o because of personal o family reason [magre-resign]. Napaka imposible na noon. Kasi iyong lima lang, naju-justify nila eh,” Garcia added.

Political dynasties

House Assistant Minority Leader and Gabriela party-list lawmaker Arlene Brosas agreed with Garcia that the voice of the marginalized groups in Congress is dwindling. She said the Makabayan bloc has been filing a bill amending the party-list law to address the concerns raised by the Comelec chair since the 15th Congress to no avail, due to abundance of political dynasties.

“The party-list system is a social justice tool designed to give more laws to the great masses of our people who have less in life and also to enable them to become veritable lawmakers themselves who are empowered to participate directly in the enactment of laws designed to benefit them. Kailangan kasama sila, hindi iyong may posisyon lang [They must be included, not just those in power],” Brosas said.

“We have propositions to address these [loopholes] under House Bill 211, but we are kind of pessimistic about it because look at the composition of Congress right now. Dynastic talaga. Huwag tayo maglokohan na mababago iyon kung ang nakaposisyon ay pareho-pareho na kabilang sa political dynasty. Unless mabago ito, mahihirapan talaga tayong ipasa ang ganitong klaseng reporma na kailangan ng bansa natin,” Brosas added.

(The composition of Congress is dynastic right now. Let us not fool each other that anything will change when the ones who are in power are all part of political dynasties. Unless the situation changes, we will find it difficult to pass these kinds of reforms that the nation needs.)

Garcia agreed that the law restrains the Comelec from ensuring that the party-list law is implemented for its purpose.

“As mentioned by the Congresswoman, this is a social justice legislation. That is the very purpose of this law. Pero kami po [But we at the Comelec], our acts are limited by the law,” he said. — BM, GMA Integrated News