Those questioning certain party-list organizations are basically questioning the legitimacy of certain party-list organizations because of its supposed ties to the Gloria Arroyo administration.
I have yet to look at the figures to compare between the number of party-list organizations running in the 2010 elections and the number of party-list organizations that ran in 2007. If at all the number of 2010 party-list organizations running for seats in Congress are more numerous this year, it can be for several reasons and perhaps one of them could be that the vote of partylist organizations in 2010 will be crucial in determining whether a new attempt at revising the Philippine Constitution will succeed or fail.
As far as party-list organizations are concerned, here is an article from Father Joaquin Bernas in Inquirer Politics.
Who can be a party-list rep?
March 15, 2010 00:21:00
Fr. Joaquin G. Bernas, S.J.
Philippine Daily Inquirer
WHEN word went around that Rep. Mikey Arroyo, anticipatedly displaced by his mother from his seat in Pampanga, might run for a position in Congress as party-list representative, true or not, people naturally wondered if this was constitutionally allowable. For that matter, a similar question was asked about Secretary Angelo Reyes.
It is a legitimate question because there is a distinction between the qualifications of a district representative and those of a party-list representative.
We are familiar with the qualifications of district representatives. They must be natural-born Filipino citizens, at least 25 years of age on the day of the election, registered voters in the district to be represented and residents of the district they hope to represent for at least one year immediately preceding the election. No qualities of the person are prescribed, no level of education, no party affiliation, no profession. One can be a lawyer, a doctor, a billionaire, a laborer, or even a Cardinal. Yes, even a Cardinal, because the Constitution says that no religious test shall be imposed for the exercise of civil or political rights.
Clearly, Mikey Arroyo or Secretary Reyes can be one of them. Not everyone, however, can be a party-list representative.
The birth of the party-list representative came with the party-list system. Both arose out of the desire to give voice to the underrepresented and marginalized classes of society. The Constitution has reserved 20 percent of the total membership of the House of Representatives for party-list representatives. According to current jurisprudence and on the basis of the total number of representatives today, party-list representatives can be as many as 55—a force to reckon with if strategically deployed.
Constitutionally, a party-list representative has the same qualifications as a district representative, except for the fact that party-list representatives, since they do not represent a district, can be registered voters in any place of their choice. Since, however, they are to represent a party-list organization, they must also be bona fide members of a party-list organization.
The Constitution says that the party-list members must be chosen, as provided by law, from “the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.” Hence, if Mikey Arroyo is to become a party-list representative, he must fit into one of these classes. This may take a lot of doing!
In 2001 the Supreme Court thoroughly discussed the issue as to what kind of organizations may participate in the party-list system. The current doctrine on this subject is summed in the Epilogue to the 2001 decision:
“The linchpin of this case is the clear and plain policy of the law: ‘to enable Filipino citizens belonging to marginalized and underrepresented sectors, organizations and parties, and who lack well-defined political constituencies but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole, to become members of the House of Representatives.
“Crucial to the resolution of this case is the fundamental social justice principle that those who have less in life should have more in law. The party-list system is one such tool intended to benefit those who have less in life. It gives the great masses of our people genuine hope and genuine power. It is a message to the destitute and the prejudiced, and even to those in the underground, that change is possible. It is an invitation for them to come out of their limbo and seize the opportunity.
“Clearly, therefore, the Court cannot accept the submissions of the Comelec and the other respondents that the party-list system is, without any qualification, open to all. Such position does not only weaken the electoral chances of the marginalized and underrepresented; it also prejudices them. It would gut the substance of the party-list system. Instead of generating hope, it would create a mirage. Instead of enabling the marginalized, it would further weaken them and aggravate their marginalization.
“In effect, the Comelec would have us believe that the party-list provisions of the Constitution and RA 7941 are nothing more than a play on dubious words, a mockery of noble intentions, and an empty offering on the altar of people empowerment. Surely, this could not have been the intention of the framers of the Constitution and the makers of RA 7941.”
The Court’s decision is a clear enunciation of what an organization must stand for if it is to be allowed to participate in the party-list system. It is a great idea which I myself supported in the Constitutional Commission. But it can also be a backdoor entry point for the undeserving. Hence, who should be elected to represent that organization?
Section 9 of the Party-List Law says that he must be “a bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election.” This should mean that a party-list representative’s heart and mind should belong to the organization he or she represents. It may not always be easy to substantiate this requirement. Conversely, it may be easy to feign possession of this requirement!
Success! Smartmatic-TIM conducts successful field testing, disproving concerns over automated election failure once again.
Despite all the doubts raised against the country’s first ever real attempt at automating its electoral process, Smartmatic-TIM is showing that it is following through on its commitment to the Commission of Elections and the Filipino people to deliver a reliable poll automation system.
At the Oversight Committee Hearing today, Smartmatic-TIM and Comelec faced a new round of grilling from congressmen who registered their doubts and concerns over the implementation of poll automation.
Paranaque Congressman Roilo Golez was among those who questioned the Comelec’s preparation of a contingency plan for a 30 percent failure scenario. Comelec Legal Department Head Ferdinand Rafanan explained that this was just a contingency plan and was in no way an indication that elections would fail in 30 percent of the country’s precincts.
Nevertheless, even as the hearing went on, Smartmatic-TIM went through with its field testing and proved without a doubt that poll automation would work.
Noynoy Aquino and Kris Aquino are expected to be among the more prominent movers in leading the country to commemorate the 77th birth anniversary of Corazon Cojuanco Aquino today January 25.
Among the key highlights may be the unveiling of a new monument of Cory Aquino, a memorial shrine dedicated to the beloved former President who was installed by the EDSA 1986 People Power revolution.
The sculpture was designed and created by Eduardo Castrillo. The sculptor actually made the country’s first statue of Aquino’s husband, Sen. Benigno “Ninoy” Aquino Jr. in Concepcion, Tarlac, as well as another Ninoy statue at the People Power monument on EDSA (Epifanio delos Santos Avenue).
Malayang Halalan joins the nation in celebrating the birth of Cory Aquino, who can also be credited for supporting the country’s long journey towards modernizing the country’s election process. Aquino was actually cheated in the 1985 snap elections which led to a walk out of Comelec computer programmers during the computerized canvassing of votes.
Vox populi, vox dei… And the shepherds of the Catholic flock are wondering whether the voices of their sheep will come with a thunderous roar or a squeak come May 2010.
The Catholic Bishops’ Conference of the Philippines (CBCP) aired concern over delays in the implementation of the country’s first poll automation, worries which were called “apocalyptic predictions” of a failure of elections by the Commission of Elections.
The continuous stream of poll automation machines deliveries since December have been met in step by the repeated bleating over supposed delays. Over the weekend, Comelec Commissioner Rene Sarmiento said that all 82,200 Smartmatic-TIM Precinct Count Optical Scan machines which will be used in the 2010 elections will be delivered by February 14 — in time for the Chinese New Year Celebration in Manila. If this happens, Smartmatic-TIM would infact have delivered all PCOS machines ahead of the February 21 deadline for PCOS deliveries in its revised memorandum with Comelec.
Instead of fostering confidence and calm, voices such as that of the CBCP and even of that of Vice Presidential candidate Mar Roxas, have broken out over the din of campaign season noise to raise alarm over what they see as the delayed poll automation implementation.
We have always hoped for a modernized, better, and faster form of voting and counting, imbued with transparency and integrity. Automated election has been in use for some time in many countries. For the first time in our history we are adopting one example of poll automation called Automated Election System (AES). But at this late hour there are still many questions regarding the AES that revolve around the readiness of personnel and equipment as well as the readiness of the electorate in the use of the system. Even more important, many serious questions about the reliability and integrity of the equipment and the personnel involved have not been satisfactorily answered. To be sure those who are responsible for the AES are striving to make the system work.
But we must make sure that there are prepared fall back positions that can be quickly adopted when there are some glitches in the system and in the logistics. We have to be vigilant and be involved. One example would be to help in educating voters regarding the AES and in using the equipment.
Bishop Odchimar’s pastoral letter perhaps may have been influenced by the fact that two bishops of the CBCP are part of a group called AESWATCH. Bishop Broderick Padillo of the CBCP’s National Secretariat for Social Action and Bishop Deogracias Yniguez of the CBCP’s Commission on Public Affairs are among those who comprise AES (Automated Election System) Watch.
The AES Watch which also includes the Center for People Empowerment in Governance — a group which closely related to the Concerned Citizen’s Movement which filed a case against case against Smartmatic-TIM at the Supreme Court, that actually stalled the implementation of poll automation.
Vice presidential candidate Mar Roxas aired his own views on poll automation, indulging in the theory that delays in poll automation could be deliberately due to a ploy to scuttle the May 2010 elections.
Here’s a screen cap of part of Mar Roxas statement regarding poll automation delays:
Mar Roxas says that he thinks poll automation delay could be deliberate effort to scuttle elections in 2010 and keep President Gloria Macapagal Arroyo in power.
A transcript of Roxas statement in his interview with ABS-CBN last week has this to day:
“Nakikita natin na mabagal na mabagal, behind schedule ang Comelec sa kanilang preparasyon. Hanggang ngayon, kahit isang balota hindi pa napri-print.”
For his part, Presidential candidate Senator Richard Gordon remarked that the delay of poll automation in the Philippines is old news.
“Poll automation has been promised by every President since Marcos and it was actually during Cory Aquino’s time that the promise to computerize our electoral process was reiterated. In that sense, it has been delayed for over 20 years and it didn’t help that when we were making RA 9369 or the amended automated election law, Senator Roxas was one of those who repeatedly stalled the deliberations and now he thinks he has the wherewithal to talk about poll automation delays? Instead of raising all sorts of bogeys and spectres against poll automation, we should ask our people to be more patient and support the poll automation process.”
In any case, the Comelec has countered both assertions from the CBCP and Mar Roxas:
Commission on Elections Chair Jose Melo slammed various “contingency” measures proposed or discussed in Congress to address a potential power vacuum if the automated polling in May failed.
“The scenario of no proclamation, the nationwide failure of elections—these are just apocalyptic predictions. These apprehensions are not helping. We should all calm down and soon, we will see that our objectives will be attained,” Melo told reporters.
He said such scenarios only contributed to the people’s anxiety, adding that legislators should instead help in voters’ education and support the Comelec in addressing problems.
“We’re comfortable with the preparations that we have. The pace of the preparations is going quite well. We have invested a lot here so I wish we would all support it,” Melo said.
Poll automation, as been explained in a number of previous articles on line, is actually one system built on top of the other. The poll automation system is comprised of paper ballots and a counting system, both with multiple safeguards against failure and tampering.
In the event that the poll automation system fails (and it will take a massive act of God to do this), the Comelec can still count the ballot that will be filled up during the elections.
To answer Roxas concern over the printing of ballots, Comelec EID Director James Jimenez has said:
The Jan. 25 start of the printing was rescheduled to Jan. 30 to accommodate last-minute changes in the final list of candidates stemming from disqualification cases decided by the Comelec and appealed to the Supreme Court.
“A lot of things can happen in five days,” Jimenez said.
Jimenez, however, said the Comelec would start printing on Monday the sample ballots to be used in voters’ education and in the training of public school teachers who will act as election inspectors.
The sample ballots will not have security markings like the real ballots and would not contain names of any official candidate.
On Monday, he said, the Comelec would finalize the length of the official ballot.
The Comelec has to print some 1,700 unique sets of ballots to reflect the national candidates and the local aspirants specific to each province, city, municipality and congressional district.
All 82,200 Smartmatic-TIM PCOS Machines will be delivered by February 14, according to Comelec Commissioner Rene Sarmiento
All election equipment, all in by February 14.
In the face of criticism regarding the delays in the delivery and roll out of poll automation, Comelec Commissioner Rene Sarmiento sees some reason to celebrate the coming of the Year of the Tiger on February 14 and that is the completion of Smartmatic-TIM’s delivery of PCOS election equipment.
Sarmiento was quoted as saying that the completion of the delivery of all 82,200 PCOS machines which will be used on the May 10, 2010 elections will be completed as the country celebrates the Chinese New year with the rest of Asia.
The Comelec Commissioner said that 32,000 PCOS machines are already here in the country and stored at a warehouse in Cabuyao, Laguna.
“32,000 (PCOS) are already here. The remaining 50,000 balance are already in the shipping lines ready for shipment to the Philippines,” said Sarmiento.
Based on the original schedule, Smartmatic-TIM Corporation was supposed to deliver 42,000 PCOS last December while the other 40,000 should come by February.
But the Comelec cited the heavy sea traffic during the holiday season as the reason Smartmatic-TIM failed to meet the original number of machines expected.
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Philippine Star columnist William Esposo is at it again. In his latest column titled “How come that we’re the first to put our country down?”, the Chair Wrecker writes: Hostage Crisis Handling can be easily addressed by proper staffing, better planning and training and the procurement of better equipment. The bigger Philippine tragedy which is [...] […]
The sun is rising and it is the color of scrambled eggs. After Conrado De Quiros endorsed Noynoy Aquino for President, we sort of lost interest in reading and discussing his column in the Philippine Daily Inquirer. It was not because we disagreed with his choice for President, but rather, it was because we disagreed […]
