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  • Action for Economic Reforms

DISEMBALMING FPJ AND THE ELECTORAL ISSUES

Ms. Co is associate professor at the University of the Philippines National College of Public Administration and Governance. This article was published in the Yellow Pad column of BusinessWorld, January 31, 2005 edition, p. 21.


The death of “Da King” last December 2004 resurfaced some issues, which

included the electoral protest filed by FPJ himself and a range of

electoral controversies. Lately, the electoral issues have been

sparking fire among candidates and interested parties; they also hound

the electorate in general.


Which brings to the fore the importance of examining the electoral

system. This includes the Commission on Elections (Comelec), the system

and administration of elections, the political party system, the

candidates and their qualifications and programs, and the

instrumentalities and paraphernalia of propaganda, including the media.


A recently concluded assessment of elections and political parties,

initiated by the University of the Philippines, in collaboration with

the Ateneo de Manila University, the Consortium on Electoral Reforms,

and other civic sector groups, unraveled interesting information and

insights. It validated old conceptions about Philippine electoral

practices and behavior. Also known as Democracy Audit, it is part of a

comprehensive assessment of Philippine democracy, that uses 14

indicators. The audit framework is shared by 10 other countries:

Bangladesh, El Salvador, Italy, Kenya, Malawi, New Zealand, Peru, South

Korea, Australia and the United Kingdom. The 14 indicators:


  1. Nationhood and Citizenship

  2. The Rule of Law and Access to Justice

  3. Civil and Political Rights

  4. Economic and Social Rights

  5. Free and Fair Elections

  6. Democratic Role of Political Parties

  7. Government Effectiveness and Civilian Control of the Military and Police

  8. Accountability

  9. Minimizing Corruption

  10. The Media in a Democratic Society

  11. Political Participation

  12. Government Responsiveness

  13. Decentralization

  14. International Dimensions of Democracy


The Philippine assessment focuses on elections and political parties –

their strengths as well as the deficits. It unravels the many ways by

which political candidates corner the electorate to gain their votes –

either in a friendly way of offering cash or in a less friendly manner

of being visited by local hoodlums. Candidates dance and sing their way

to win votes rather than presenting platforms and agenda of governance.

The assessment reiterates the flaws in the administration of election

procedures, the weakness of non-enforcement of rules, the vast

discretion on decisions by the Comelec based on a mandate that stems

from its constitutional authority as well as a mixture of executory and

quasi-judicial functions, the non-accountability of candidates to their

political parties, and others. We know well most of the findings. So

what’s new? The assessment validates old knowledge and information, if

only to probably say that nothing much has changed in the Philippine

electoral practice and political party system over the past years. The

same electoral issues continue to haunt us.


The assessment takes on a different angle in examining electoral and

party systems. It scrutinizes the mediating values that society holds,

as they coalesce into our institutions and political behavior. Based on

a set of search questions, the assessment provides a discourse on the

norms and practice of elections and political parties; it weaves

through the amazing yet frustrating practices embedded in Philippine

political culture.

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The values examined by the assessment are participation, representation, accountability, authorization, and solidarity.


Participation


The extent and quality of citizens’ participation in the choice of

their representatives are shaped by the information, education, and

critical assessment of the citizens’ choice of candidates and platforms

of governance. Electoral procedures, including registration, voters’

identification, and precinct location and assignment are all

information-based. However, the electoral knowledge and information

base is flimsy, unclear, or variable depending on the interpretation of

rules. Although elections and political parties are governed by rules,

these rules suffer from weak or arbitrary enforcement. Moreover, the

media – broadcast, electronic, or print – has taken center stage in

influencing the voters’ minds regarding choice of representatives.


Sadly, media itself is fettered to patronage – either by business or

partisan politics. In most instances, the media effaced the political

parties in mediating between government and people. A challenge to

media lies in its role as provider of substantive information about

elections and party platforms and candidates, beyond the pay motivation.

Voters’ participation also has to do with the various agencies for

participation. The Comelec is tasked to provide basic information on

elections. However, its machinery is not quite oiled to deliver the

information. Unknown precinct location and assignments and missing

names of voters in the list, both arising from an unsystematic

administration of elections, are the common causes of voters’

disenfranchisement. These have led to weak voters’ participation. The

gross consequence is voters’ disenfranchisement.


Although literacy is usually a factor in the choice of representatives,

the challenge to Philippine participation is not so much the basic

ability to read and write, as the functional ability to critically

examine the options offered by candidates, parties, and programs on

governance and leadership.


While there are agencies that promote voters’ participation such as the

parish-based Parish Pastoral Council for Responsible Voting, the

network is not sufficient to fill in the gap. Other agencies of

information and participation deserve support to sustain their agential

function in elections. Political parties have neglected the role of

educating and enabling voters’ participation.


Representation


Many of those elected to national positions come from well-known,

powerful clans who continue to dominate the legislature since two

generations back. The elites largely exercise patronage politics, shape

the choice of the majority, who in turn are prone to patronage and

reciprocity of relationships. Within political parties, the selection

of candidates, especially at the national level, is determined by the

national executive committee or the national directorate, often with

little involvement from the general membership. At the local level, the

chapters implement the decisions made at the top, usually only to

support the national candidates. Membership in parties is largely

determined by geographical, ethnic and personal ties. Among the voters,

parties do not mean much. Since party switching is common practice,

voters think parties do not provide distinct issues and platforms that

would keep party members’ loyalty. Parties do not represent anything

politically substantial, except for the expediency to win a seat.

People do not identify candidates with political parties, and

candidates do not necessarily represent the parties they belong to.


Accountability


Two pillars of accountability on electoral exercises rest with campaign

finance and with the votes casting, counting and canvassing. Campaign

finance remains unregulated in practice despite rules and limits

regarding this. For example, there is under-reporting of campaign

expenditures, in keeping with the official requirements and provision

of the law. In fact, however, campaign costs are generally high and not

all candidates receive support from parties since party funds are

decided upon by individual party leaders. Candidates get funds from

personal supporters but funds are hardly ever accounted for within the

parties.


The 2004 election was the closest that the Philippines ever got to

making the exercise accountable and transparent. This could have been

made possible through the computerization of the elections. Again,

despite the law and Congress appropriation of the budget, the Supreme

Court scrapped the computerization policy on the basis of some

unreasonable and suspicious awarding of contracts. The reversal to an

old mold of voting, counting, and canvassing made the election

inefficient, less transparent and less accountable to the public.


Authorization


In spite of the Comelec’s avowed independence by virtue of its nature

as a constitutional body, the appointment of the commission’s echelon,

and its ranks, is suspect to be politicized, thereby diminishing its

absolute independence and authority to carry out its functions in the

most professional manner. Moreover, much is to be desired if the

commission wants to perform its functions with professionalism.


Authorization and the exercise of responsibility are certainly coupled

with competency and professionalism for the execution of

responsibilities. Insulation from politics remains a challenge for

effective authorization.


But in fairness to the Comelec, it carries out its functions based upon

the provisions of the Constitution and the law. However, the

authorization system provided for creates a condition for Comelec to be

subordinated to laws that restrain functional independence. For

example, the Comelec abides by the Party List Law (RA 7491), which

works upon virtually a quota system rather than on proportional

representation.


There is widespread doubt regarding the impartiality of votes

canvassing as well as proclamation of election results on the high

national positions, based upon a political body such as Congress. But

such is the provision of the Constitution. Rather than disaggregate the

executory from the quasi-judicial functions, the system endorses a

range of responsibilities to Comelec, casting doubt on its

effectiveness and credibility. Certainly, some provisions of the

present Constitution and the laws should be re-examined to strengthen

fair and democratic selection of leaders in government.

The nature of the presidential system, which poses a strong Executive

and a bicameral legislature, can lead to fragmented points and enclaves

of political power rather than achieve democratic consolidation.


Solidarity


The Overseas Absentee Voting Act (RA 9189) broadens citizens’

participation in elections. It recognizes the inclusive right to

suffrage of overseas Filipinos. But again, implementation problems

emerge in relation to voters’ registration, votes casting, and

canvassing.


All told, there is a long way to go before deep electoral and political

reforms take root. Disembalming FPJ does not mean re-igniting the

intense rivalry between the warring political elites. Rather, it

suggests that despite FPJ’s passing, his protest can spur further

reform in the system.


(These issues was discussed in a forum on Feb. 1, 2005 at the

University of the Philippines National College of Public Administration

and Governance.)

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