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Traditionally relegated to minor news stories, party-lists made quite a few headline stories this year, all due to various rulings from the Commission on Elections (COMELEC) and the Supreme Court (SC).
The party-list system is relatively new, having been introduced only in the 1987 Constitution. It aims to give proper representation to marginalized and underrepresented groups in a Congress otherwise dominated by traditional parties and politicians.
Greater party-list representation called for by the SC
On April 21, the high tribunal caused the creation of 32 more party-list seats in the House of Representatives through an en banc ruling which declared as unconstitutional the two-percent threshold in the distribution of party-list seats. The decision operationalized the constitutional provision stating that party-list representatives shall constitute 20 per centum of the total number of representatives. The SC decision meant to fill all available seats for sectoral groups in order to achieve the 20 % constitutional requirement.
Because of the ruling, additional seats were won by the groups Bayan Muna, Buhay, Citizens Battle Against Corruption (CIBAC), Gabriela, Association of Philippine Electric Cooperatives (APEC), A-Teacher, Akbayan, Alagad, Coop-Natco, Butil, Batas, ARC, Anakpawis, Abono, Amin, Agap, and An Waray.
The ruling also caused some controversial personalities to be proclaimed as members of Congress. One of these was retired army Gen. Jovito Palparan of Bantay, a group that focuses on anti-communism work. Militants claim that Gen. Palparan had a hand at numerous human rights abuses during his service. He had been linked by opponents to extra-judicial killings and acts of torture, all of which he has squarely denied. Another controversial personality that joined Congress was Lourdes Arroyo, sister of First Gentleman Mike Arroyo and representative of Kasangga, a group that claims to advocate micro-entrepreneurial growth. Critics accused the group of fronting for the administration as one of President Gloria Macapagal Arroyo’s sure allies in the House of Representatives.
Ang Ladlad denied recognition
In November, it was party-list Ang Ladlad that gained national attention. Ang Ladlad is a gay rights group that the COMELEC refused to accredit as a party-list organization. In a resolution penned by the second division and that was later on affirmed on appeal, the Commission said that the lesbian, gay, bisexual, and transgender (LGBT) sector is already sufficiently represented and protected.
The LGBT sector, along with progressive groups, was quick to react with dismay and disgust over a decision which they claimed to be unjust and discriminatory.
Ang Ladlad Chairperson Daniel Remoto calls for his party's accreditation.
26 party-list groups deleted from roster
Also late in the year, the COMELEC issued another controversial decision concerning party-lists. In an en banc decision, it removed 26 party-list organizations from the official list of accredited parties. The Commission used as basis Republic Act 7941 or the Party-list System Law, which grants it the power to cancel the registration of groups that fail to participate in the last two elections or fail to win at least two percent of all votes cast for party-lists.
The parties that lost accreditation included Aging Pinoy, Ahonbayan, AKSA, Akapin, ASAP, A Smile, Assalam, BTM, Bahandi, Cocofed, Grecon, NELFFI, PMAP, SM, Sanlakas, SPI, Suara, Abanse Pinay, AK, PCDO-ACTO, PGBI, Anak Mahirap, ABA, and Ako.
The list also includes three of the biggest newly formed groups, namely Alliance of Concerned Teachers (ACT), Migrante and Courage. The COMELEC stated that they failed to see the national representation or membership of the groups ACT and Courage. Migrante, on the other hand, claimed that the ruling was based on a strict, illegal or erroneous interpretation of the Party-list System Act.
The affected parties and their supporters posed serious questions regarding the COMELEC’s capacity to respect and uphold the law. They criticized the Commission further for having easily allowed a number of “bogus” party-lists that would only serve as dummies for the administration.
With this much "excitement" early in the pre-election period, the 2010 polls are looking to be an interesting time in the country's history indeed.
Photo: “NO Martial Law” by Magic Liwanag, c/o Flickr. Some Rights Reserved.
Video: Uploaded by LGBTHumanRights to YouTube.com.
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