UP Forum January - February 2013

FORUM UNIVERSITY OF THE PHILIPPINES

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VOLUME 14 NUMBER 1

JANUARY - FEBRUARY 2013

The Philippine Elections 2 | A Conversation on 6 | Power for Power: the Party-List System Rethinking Political with Rene Sarmiento Dynasties

12 | Gastos sa Kampanya, Sukdulan nga ba?

clear afternoon is a good time to clarify issues about the party-list system, and human rights lawyer, 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.

inasabing nakabubuti para sa ekonomiya ang paggastos sa pangangampanya ng mga kandidato't partido 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 sa gross 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. Sa political ad spending pa lang, tinatayang aabot na sa Php2 bilyon ang gagastusin ng mga kandidato't partido.2 Ka-

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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

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ot 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 political rather than religious in nature. During the budget deliberations for the Office 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 elections.

The tone, though vehement, was not surprising. Santiago is the author of Senate Bill No. 2649, or An Act to Prohibit Political Dynasties, which seeks to prohibit

S

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

Shaping the system

Photo from the UPSIO

dictatorship in 1986.

“Actually, ang roots niyan ay ang German model. Ang nag-initiate ng party-list was Christian Monsod, former chair ng Comelec,” recalled Sarmiento, who was also a member of the 1986 Constitutional Commission.

“Kumbaga, magiging players din itong mga party-lists [sa national elections] para ma-diffuse ang [political] power.”

It didn’t 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 ng Filipino color [ang party-list]—[naging] sectoral. Pumasok yung mga farmers and fishermen; hindi na siya yung pure German model.

“There are 12 sectors under Republic Act No. 7941 [or the ‘Party-List System Act’]. Noong pumasok yung Ang Ladlad, naging 13 sectors. The purely German model, which was the intention, has become a Filipino model,” Sarmiento added.

total number of congressmen sitting in the House should be party-list reps. Second, the two-percent threshold. Ibig sabihin, para magkaroon ng isang kinatawan, [dapat] makuha mo ang two 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 ang registration 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 yang 20 percent [seats in Congress mandated for party-list reps], dahil maraming hindi nakakakuha ng two percent. Pero sa pagpasok ng Banat, ni-relax yung twopercent [requirement] para mapuno yung 20 percent.

“Ang comment ni [Justice] Panganiban diyan, napakadaling makaupo, na kahit na ang nakuha mong boto ay 150,000 [lamang], pwede kang umupo sa Kongreso…Para sa Banat naman, may isang tinatatawag na guaranteed seat yung two-percent na yan. But all the rest, after [getting] the guaranteed seats, [get] additional seats. Pataasan kayo ng boto…Hindi na yung two percent, basta ranking na, para lang mapuno yung 20 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….

Ang critique kay Panganiban [in the Veterans’ case] ay masyadong strict.

Ang critique naman sa Banat, masyadong loose. May middle ground siguro.

Siguro another case ang kailangang ma-file sa Supreme Court to harmonize or balance [the two formulas].”

RA 7941, signed in 1995 and implemented in 1998, was meant to give shape to the party-list system envisioned in the Constitution. But whether it has done a good job is another matter altogether.

“Sa simula’t simula, ang masasabi ko sa party-list system law, I don’t 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 Holes in the Comelec net of whether or not a representative of a marginalized or RA 7941 officially represents the Retired Comelec Commissioner Rene Sarmiento represented sector should belong to the same sector. last act of Congress with regard to the “Like in Ang Bagong Bayani-OFW Labor Party v. party-list system. Since then, aside Comelec [June 26, 2001], nandoon yung mga guidelines to accredit a party-list from Supreme Court rulings on the matter, it is the Comelec that has been tasked organization,” Sarmiento said. “And repeatedly sa decision na iyon, seven or eight with hammering functionality into the unwieldy system produced by RA 7941. times binanggit ni [Chief Justice Artemio V.] Panganiban yung salitang ‘belong.’

For instance, the question of whether the party-list system should be limited to Dapat yung nominee ‘should belong’ to the marginalized and underrepresented, so the marginalized and underrepresented sectors. dapat isa ka sa kanila. Hindi pwedeng yung mayaman will represent the poor or “To be true to the intent of the Constitution, yes, i-limit natin doon. Kaya lang the farmers, the students, and so on.” sa ngayon, hindi nali-limit eh, because the law that implements the Constitutional This was also reiterated in Banat v. Comelec. “Hindi ito nilinaw ng RA 7941. provision—RA 7941—vague ang provisions niya. Dapat mas linawin na ang That is why noong nasa Comelec pa ako, ang daming mga party-list organizations intent is for these party-list organizations to represent the marginalized and underna ang nominees, hindi naman belonging to that sector. Minsan nga nagiging represented. Those who have less in life…” Sarmiento added, quoting President pamilya na rin yung mga nominees. Mag-aama, mag-iina, o mag-asawa. It’s as Magsaysay. if wala nang representative iyang sector na iyan. So maganda yung intention ng The process of picking which party-list organizations will see their names Constitution, hindi lang na-flesh out yung provision na iyan under RA 7941.” 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 commisAllocating seats sioners voting as a collegial body. This process can produce mixed results. In the Another issue that RA 7941 has not been clear about is the question of the 2010 elections, the 187 party-list organizations that applied for registration with number of representatives/allocated seats per party-list organization. Two Suthe Comelec was whittled down to 123, with 43 of that number petitioning their preme Court rulings—Veterans Federation Party vs. Comelec in 2000 and Banat v. registration with the Supreme Court.

Comelec in 2009—sought to set things straight.

“Tinanggal din namin yan. Umakyat lang sa Supreme Court, ini-stop kami,” “May ilang elements. First is the 20 percent allocation. Dapat 20 percent of the continued on page 11

UP FORUM Volume 14 No. 1 January-February 2013 3 Art by Arbeen R. Acuña

The Philippine Party-List System A case study in judicial legislation Teodoro Kalaw IV who constitute the members of the sectors… xxx We feel that this approach gets around the mechanics of sectoral representation while at the same time making sure that those who really have a national constituency 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

system. In past elections, we found out that there were certain groups or parties that, if we count their votes nationwide, 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 [Congress]. But this way, they would have five or six representatives in the [House of Representatives] even if they would not win individually in legislative districts. … (See J. Bernas, The Intent of the 1986 Constitution Writers, 344347, Rex Book Store 1995.)

Plainly put, the party-list system as envisioned by our present fundamental charter requires the participation not only of sectoral but also national and regional parties. In fact, and contrary to the Supreme Court’s successive rulings on this issue, while one state policy recognized by the enabling statute is to facilitate that the marginalized and underrepresented 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 Photo courtesy of Atty. Kalaw

Our party-list system today is not the system that the framers of our Constitution intended to be but the result of exceptionally blatant “judicial legislation." Beginning with a narrow majority in Ang 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 ratification 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 administration. My original 2009 paper can be accessed at the UP Forum online. The paper highlights that the real intent of the constitutional framers to provide a party-list system not only for sectoral but also national and regional parties can be readily gleaned from the actual provisions of our Constitution (Art. VI, Sec. 5 [1] & [2]) as well as the very floor deliberations of the then Constitutional Commission. Quoting directly from such records, Fr. Joaquin Bernas (himself a commissioner who participated in the drafting of the charter) emphasizes the following exact words of Commissioner Christian Monsod, who successfully led the opposition to Commissioner Wilfrido Villacorta’s defeated proposal to reserve permanent House seats for sectoral parties: I would like to make a distinction from the beginning that the proposal for the party-list system is not synonymous with that of the sectoral representatives. Precisely, the party-list system seeks to avoid the dilemma of choice of sectors and

Atty. Teodoro Kalaw IV

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

party system to attain the broadest possible representation of party, sectoral, or group interests, as highlighted

by Commissioner Monsod’s explanation quoted above. To illustrate, this can particularly be seen in the express inclusion in the constitutional provision of “professionals”—who arguably are neither marginalized nor underrepresented in view of their being the primary driver of the services component of the national economy—as a distinct sector.

But such was not to be. Instead, what we have now is a bastardized version of a potentially promising democratic innovation that only invites further litigation, as the cases reviewed in my paper show. Subsequent to my research, the Supreme Court in Barangay Association for National Advancement and Transparency (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 continued on page 5

For facts and figures 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 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.

4 UP FORUM Volume 14 No. 1 January-February 2013

Ako Bicol Party-List

It’s not over until it’s over Arlyn VCD Palisoc Romualdo

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ur campaign will not stop just because of the waiting game. It will not stop no matter how precarious the situation is.

This is Ako Bicol’s stand as it waits for the Supreme Court’s (SC) final decision on its petition to declare its disqualification by the Commission on Elections (Comelec) null and void.

“Yes, we are in a delicate position. We were granted a Status Quo Ante Order (SQAO) by the Supreme Court, but the final 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 Representative 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.

Commission… [1] Deny due course to the Petitions for Registration of the enumerated party-list groups; [2] Remove and/ or cancel the registration of enumerated accredited party-list groups; [3] Deny due course the Certificate of Nomination filed by the party-list groups.”

A similar complaint was also lodged by Salvador France, Vice Chairperson of Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (PAMALAKAYA), 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, REMOVE or CANCEL the registration and accreditation of respondent AKO BICOL POLITICAL PARTY under the partylist system of representation; and [3] That upon the 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 removal and cancelation of AKO BICOL POLITICAL PARTY under the party-list system of representation, all its nominees be Petitions and resolutions disqualified by operation of law for having no party-list to represent in the House Election watchdog group, Kontra Daya, in its omnibus letter of complaint to of Representatives. (emphasis his)” A hearing on the petition for cancellation of the Comelec dated 4 September 2012, calls Ako Bicol “a group masquerading Ako Bicol’s accreditation has been set by the Comelec on 18 March 2013. as a party-list organization that is established, run and funded by the Co famThe following month, the Commission issued a decision resolving “to DENY ily of Bicol and its corporations and foundation.” The letter also says that “its the participation” of Ako Bicol in the 2013 elections. The resolution also states nominees are multi-millionaires.” that Ako Bicol’s “accreditation/registration, however, as a political party under As a regional political party that claims to represent “the entire Bicol reRule 32 of the Comelec Rules of Procedure is hereby RETAINED. (emphasis gion,” Ako Bicol does not represent a particular marginalized and underrepretheirs)” sented sector or sectors, according to the Kontra Daya complaint. The group Comelec cited three reasons for the party’s disqualification from the polls: argues that a region is “only a geographical formation in the country,” not a (1) it “does not represent or seek to uplift a marginalized and underrepresented marginalized and underrepresented sector. In sum, Kontra Daya concludes that sector within the contemplation of the party-list system;” (2) its grouping is Ako Bicol and its nominees “are a mere duplicate of all the district congressbased on geographical location and as such, “the provinces of Catandanues, men of the Bicol region, and are merely duplicating the functions and mandate Sorsogon, Camarines Sur, Camarines Norte, Masbate and Albay will have a of the district congressmen of the entire region.” number of representatives more than the number allowed by the Constitution;” Kontra Daya asks that the Commission investigate the party-list groups in and (3) its nominees consist of a businessman, an ophthalmologist, and lawits omnibus complaint and if the Comelec finds that the groups are not qualicontinued on page 5 fied as party-list groups or nominees, Kontra Daya “prays that [the] Honorable

04 September 2012 – Kontra Daya f iles second omnibus letter of complaint to the Comelec against specific party-list groups, including Ako Bicol

10 October 2012 – COMELEC issues SPP No. 12-154 (PLM) and SPP No. 12-177 (PLM), resolving to deny Ako Bicol’s participation in the partylist elections in 2013, but retaining its accreditation/ registration as a political party “under Rule 32 of the Comelec Rules of Procedure”

13 November 2012 – The Supreme Court issues Status Quo Ante Order in favor of Ako Bicol

2012 September

August

24 August 201 2 – Comelecholds automatic review of, and hearing on Ako Bicol’s accreditation

October

24 September 2012 – Salvador France, Vice Chairperson of Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya), files a letter of complaint against Ako Bicol

November

30 October 2012 – Ako Bicol files petition for certiorari and prohibition with the Supreme Court, asking to stop the implementation of the Comelec resolution

UP FORUM Volume 14 No. 1 January-February 2013 5

IT'S NOT OVER UNTIL IT'S OVER... continued from page 4 yers—“how lawyers, businessmen and ophthalmologists are marginalized and underrepresented is not shown by Ako Bicol and its nominees.”

Ako Bicol’s response

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 granted SQAOs by the SC. The Comelec had its own schedule to keep and could not afford to wait for the SC to issue its final decision on the petitions.

“The power lies with the Supreme Court. Ako Bicol’s stability was rocked by the Comelec disqualification. When that news broke out, our constituents 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 representative because I felt what our constituents 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 hearing on the petition to cancel Ako Bicol’s registration.

--------------Email forum@ up.edu.ph Photo from the UPSIO

Batocabe pointed to Section 3(b) of Republic Act (RA) No. 7941 or the PartyList System Act which states that “a party means either a political party or a sectoral 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 Bicol’s performance report that it submitted to the Comelec.

“We do not claim to serve only a specific sector in Bicol. Our projects include medical assistance, disaster mitigation, housing, scholarships, infrastructure, 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 underrepresented,” he argued.

On the Ako Bicol nominees, Batocabe provided an analogy: “If a senior citizen, who happens to be one of the richest in the country, succeeds in organizing a sectoral organization of senior citizens and is nominated to be its representative in Congress, does this mean he cannot effectively represent senior citizens because he is rich?”

In the end, Batocabe goes back to RA No. 7941. “Section 6 provides all the grounds for cancellation of registration—it is a religious sect; advocates violence; it is a foreign party; it receives support from any foreign entity for partisan election purposes; violates election laws; declares untruthful statements; ceased to exist for one year; and fails to participate or fails to obtain two percent of party-list votes in the last two elections.”

Specific to France’s complaint, Batocabe’s chief of staff, Atty.

Raul Luna, said in a later interview with the UP Forum that

he fails to see the logic behind the hearing set on 18 March 2013. He pointed out that the Comelec issued its resolution after both complaints against Ako Bicol were filed. “Does this mean that France’s petition was not acted upon by the Comelec before they released their resolution?” he asked. Even then, Luna said Ako Bicol has complied with the Commission’s order to reply and will be at the hearing. What this means for Ako Bicol’s SC petition remains to be seen.

Ako Bicol Representative Rodel Batocabe

18 March 2013 – Scheduled Comelec hearing on France’s petition to cancel the accreditation of Ako Bicol

2013 December 26 November 2012 – The Solicitor General issues a consolidated comment on petitions filed by disqualified party lists, including that of Ako Bicol’s; his prayers include the immediate lifting of the Status Quo Ante Order and dismissal of instant petitions for “utter lack of merit”

January- February

March

April

May

A CASE STUDY IN JUDICIAL LEGISLATION... continued from page 3 that the two percent threshold requirement 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 fillingup 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 automatically 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 first 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 court contains these obvious flaws: • 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 coalition-building and common agenda setting, because it necessitates the presence of, and negotiation among, numerous parties with very specific legislative agendas. Hence, instead of serving as a platform for consensusbuilding and the common good during a Congress, the current system actually promotes single issue advocacies and narrow partisan interests.

• Wasted Votes The same statutory cap on maximum seats allowed facilitates spoiled votes by encouraging the dispersal of partylist organizations and resources, given the mandatory statutory ceiling’s effect on excess votes. Hence, parties which feel they have the electoral strength to breach such a cap will be tempted to resort to organizing new parties just to avoid such wasting of the support they project they already have.

Realizing that the system is broken will best help the truly marginalized by paving the way to giving the partylist 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 framers of our fundamental charter.

-------------------Atty. Teodoro Kalaw IV obtained his Master in Public Administration degree with the Dean’s Medal for a near-perfect grade average from the National College of Public Administration and Governance of the University of the Philippines in April 2010. Email him at teddykalaw@ gmail.com.

6 UP FORUM Volume 14 No. 1 January-February 2013

POWER FOR POWER... continued from page 1

Andre Encarnacion spouses and relatives up to the second degree of consanguinity from running for office 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 qualified for public office.”

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 contributors to poverty, not to mention “fraud, violence, vote buying and intimidation.”3 There is a term in academic circles describing them as “predatory.”4 From the streets to the halls of the Senate, our knowledge of this predation is as extensive as our tolerance of it is tragic.

This does not, however, account for cases that do not fit the mold. The question is: if dynasties are harmful in and of themselves, what accounts for areas with a history of dynasties that have experienced 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 everywhere bad for growth,” says Capuno, “because there are high growth areas where clans have been dominating. Our definition of a clan is it is a predator.

Pero kung na-o-observe mo, it's a mix!”

“Mayroong high 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 goodness 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 contestability theory.

What do you need performance for?

“We have a paper you should look into,” Capuno suggests as an introduction. The paper is entitled, "Is local development good politics? Local development 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 expenditure, will it get him reelected?”

“Basically what a dynasty does is act like a political party,” Capuno explains.

He defines a dynasty as two members of the same clan succeeding each other in office. “If you have a weak political party, you need to have machinery (to win elections). Ang substitute mo for a weak political party system is your family, 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 office. Iyan ang ace 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 office.”

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 you’re 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 performers. 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 office? 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 office. If the incumbent is a clan member, but there are other clans that would contest the office, high growth din iyan.”

“Hindi token opponent, ha. One that is capable of replacing them in a fair fight. Money for money, power for power, they can compete. That is my definition 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 fits

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 say—and by truth value, we mean the value by which we can determine which one of them is saying the truth—is zero.

Wala namang politician that will say (they are bad). That's a romantic aspiration.”

Instead, Capuno points to a more benign alternative—reputation. “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 impressions, outsiders are also prone to impose value judgments on how governments are run. “Under decentralization, you continued on page 11

But even this elegant categorization can have exceptions. Capuno is quick to point these out. “Makati—walang opponents. Why is it a high growth area?”

Capuno clarifies 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 ang Taguig, it's not because of (those in office), 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 inefficiency in particular instances. In areas like Quezon City, Capuno points out that people still get their health services despite some local hospitals underperforming—because they get them from hospitals funded by the national government.

“In this case you can't credit that to the local government,’ he says. “What are other possible explanations? 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 field studies, you will notice the variation of the stories. It never quite fits here and never quite fits there. So you need to find the other factors that would explain that.”

Naturally, Capuno notes, no reelectionist will admit to these complexities outright. “They have to win,” he concedes. “Why would they say something 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 empirical 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 do well?” asks Capuno hypothetically. “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 office.”

In such a scenario, the platforms and promises of candidates 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

Dr. Joseph Capuno of the UP School of Economics

Photo from the UPSIO

UP FORUM Volume 14 No. 1 January-February 2013 7

‘It Runs in the Family’

The making of political dynasties in the Philippines Stephanie S. Cabigao Art by Arbeen R. Ac

C

Emergence of political dynasties The occurrence of political dynasties was believed to be first recorded in the pre-Magellanic period. In his book The Making of a Filipino, Renato Constantino pointed out that “communities at this time were already accustomed to an early form of government and politics.” The pre-colonial society had the datu, raja, and maharlika as rulers and stewards of tribal communities. According 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 term principalia was introduced. The principalia embodied the new kind of local elite. To Constantino, the principalia “was composed of the wealthy landowners, many of whom were descendants of

uña

ausing an uproar in the thick of the 2013 election is the buzzword “political dynasty.” Political dynasties are “more blatant and active today,” said Center for People Empowerment in Governance (CenPEG) director for policy studies Prof.

Bobby Tuazon, “since the conditions to form 'more of the same' are more encouraging 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 became 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 defined the term political dynasties 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 members alternately hold elective offices, deftly skirting term limits.”

The reasons for the apparent salience of political dynasties in the country today can be drawn from the country’s political and economic history. 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 political dynasty. The first 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.

the early datus and maharlikas.” This time, the former datu “has been entrusted with fiscal and administrative duties and became adjuncts of Spanish power. From mere administrators of socially-owned land during the pre-Magellanic period, the principalia eventually became formal owners of these lands.” The principalia, along with the mestizos, illustrados, mestizo-sangley, creole, and Chinese mestizos constituted the local oligarchs of the country.

In Landlords and Capitalists, political scientist Temario Rivera revealed that about 87 families controlled the top 120 manufacturing companies from 19641986. Sixteen of these families—about 20 percent—were 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 Madrigals, and the Yulos.

“Through government influence,” writes Rivera, “landed capitalists caused the diversion of state resources to traditional elite economic activities like sugar and coconut milling, limiting further industrial diversification.”

The third period was highlighted by “the introduction of education and suffrage by the US that catapulted the elites in the first local elections in 1903 and the first 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 obtained 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 first elections only catered to the propertied class, which comprised less than one percent of the population. William Howard Taft directed this first-ever election limiting the number of participation only to the local and national elites.

A CenPEG study on familial membership in public offices (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 development 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 ideology According to Tuazon, nearly 50 percent of the country’s current political dynasties owe their ascendancy to post-Marcos (1986) political deals when most elective positions were filled 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 dynasties in the political arena. The prevalence of political families in various public posts has become commonplace in the Philippine government today.

A CenPEG study in 2011 showed that the May 2010 elections—during which the automated election system was used nationwide for the first 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 legislative districts, provinces, and regions, and even penetrating the party-list system.

The rampant political dynasty building today was described by Tuazon as

tactics of “self-preservation and expansion, which are means for a continuing rule 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 partyswitching for networking and political preservation. Image and visual packaging have become key factors in the expansion, preservation, and continuing rule of political dynasties. Partnerships with lawyers, the media, showbiz personalities and corporations have favored wider expansion and greater popularity for these political dynasties, ensuring their rule over Philippine politics.

The continuing phenomenon of political dynasties today reflects the encompassing influence of traditional politics.

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 campaigns backed by familial or dynastic support. While an ideology is in place, for Tuazon, “such dynasties perpetuate and enjoy various advantages in traditional kinship networks, political machineries, wealth, property, access to government sources, weak political party system, weak electoral system, culture of powerlessness among the people, and warlordism.”

--------------Email forum@up.edu.ph

SOURCES:

Coronel, Sheila. (2007). “The seven Ms of dynasty building.” New Political Dynasties.

Retrieved from http://pcij.org/stories/theseven-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.

continued on page 11

8 UP FORUM Volume 14 No. 1 January-February 2013

THE UP FORUM ROUNDTABLE DISCUSSION

Q.

ON THE PHILIPPINE ELECTIONS PIMENTEL: You may be aware of the Pimentels’ long and difficult struggle against massive electoral cheating—first, during the 1995 senatorial 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 fraudulent 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 equalizer of people. In the exercise of our right of suffrage, every voter, rich or poor, is only entitled to one ballot. That’s why a ballot should be beyond the commerce of man. It cannot and should not

Aquilino “Koko” Pimentel III, LLB Senator Senate of the Philippines 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 office, I caused the purging of the list of voters in the Autonomous Region of Muslim Mindanao (ARMM) by authoring and sponsoring (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 double or 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 (Republic 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, automation has also ushered in the fear of a new kind of fraud—automated fraud. To dispel this kind of fear, we need to fortify our automated election system by: (a) Incorporating the voter’s biometric data into the hard drive of the precinct count optical 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 confidential digital signatures or pass codes so that unauthorized persons who are able to continued on page 14

TAGLE: Elections in the Philippines are in the adolescent Lucenito N. Tagle, LLB stage where there is a huge Chairman, Overseas Absentee room for improvement and reforms. Although we sucVoting cessfully crossed the bridge Commissioner of election modernization in Commission on Elections the 2010 national polls, there are still a lot of bridges left uncrossed as far as the whole electoral process is concerned. Below are the total number of registered the major areas of concern that need to be voters—an extensive and wideaddressed: spread information campaign 1. Enhancement of Project Manageespecially in far-flung areas is ment Skills and InformationTechnolstill needed to halt and prevent ogy Capabilities - This should address the disenfranchisement of votthe efficiency of the overall election ers. It is imperative that more administration in the country including stakeholders be involved in pre-election and post-election activities the voter education program as such as maintaining and cleansing voter well as in the utilization of field registration lists, precinct-mapping, propersonnel in developing a farcurement of equipment, counting and reaching information drive. canvassing the results, and the procla3. Harmonization of All Elecmation of winners in accordance with tion Laws, Rules and Regulathe current election modernization law. tions through the Passage of a 2. Intensive Voter Education - Despite New Omnibus Election Code the 38, 162, 985 voters who actually - There is an urgent need to voted in the 2010 national polls—a overhaul the present Omnibus number equivalent to 75 percent of Election Code that has been

W hat refor need to im elections?

CORTES: Every election seaDamcelle Torres-Cortes, LLB son, candidates are at the center Assistant Professor, Institute for Goverof public discussions and media coverage. Who are the people nance and Rural Development running? What is their backCollege of Public Affairs and Development ground? What do they plan to UP Los Baños do once elected to office? Who is topping the surveys?

But since the 2010 elections, a new issue has been added to our electoral concerns: automation. Questions on the kind of machine and computer program to be used, how to use them, and the integrity of the results preoccupy the voter’s mind.

I find it interesting and disturbing that the electorate rarely figures as the focus in elections 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 find 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 voter’s education program implemented by the Paralegal Volunteers Organization during my UP Law days. We developed a short module to discuss the duties and responsibilities of elected officials. Choosing candidates starts with knowing the nature of their work and the corresponding skills required by the job. In a barangay in Los Baños, we asked the participants about their understanding of the vice mayor’s role. We were aghast to hear the answer: “Naghihintay po na mamatay ang mayor, o basta pag wala ang mayor, s’ya 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 the sanggunian (council)

the subject of piecemeal amendments.

These changes in the Election Code cause confusion among stakeholders and make it difficult to administer elections and enforce election laws.

4. Acquiring Appropriate Technology for Overseas Absentee Voting - Filipinos 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 percent, actually voted mainly because of lack of interest on the part of overseas absentee 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 Office and its Field Offices - Among all the Constitutional continued on page 14

UP FORUM Volume 14 No. 1 January-February 2013 9

THE UP FORUM ROUNDTABLE DISCUSSION ON THE PHILIPPINE ELECTIONS

ms do we prove our

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 sufficient to redress the wrongs and injustices committed to them.

Due to the countless reforms we need to institute, we should prioritize what reforms 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 benefit the voter should be given utmost priority.

Statistics issued by the Institute for Democracy and Electoral Assistance (International 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, shouldn’t we encourage a good voters’ turnout? What is it that we should do in order to encourage the optimum exercise of a Filipino’s right to vote, so that those who are qualified 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 difficult to penalize the failure to register as voters, or to imprison non-voters. Otherwise, it is similar to penalizing jaywalkers by hordes, and there will not be enough space for them in prison.

Liza D. Corro, LLB 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 University’s Center for Community Services in early 2000. It encouraged the voter to personally reflect on his/her ideal candidate vis-à-vis his/her actual choice. I was then a volunteer administering the module in a community along Commonwealth Avenue.

The process started with the identification of “7K” or pitong katangian (seven charcteristics) of one’s model politician. Participants raised the bar high as attributes like “godly,” “honest,” “pro-poor,” “peoplecentered,” and “not corrupt” topped the 7K. The activity proved revealing after a mock election. The participants realized that their chosen candidates, most of whom had well publicized cases of graft and human rights abuses, did not fit 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 continued on page 14

FRANCE: With their characteristic fraud, corruption, and misinformation, 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 political parties and candidates can reduce illegal electioneering and backroom scheming. According to Melvin Calimag of Pinoy Post, “[s]ocial media is fast reshaping upcoming elections… with civil society making great use of it through a hugely successful campaign against publicity-hungry or credit-grabbing politicians.” Take the ‘anti-epal’ drive, which went viral even before the official campaign period began. According to its implementing agency, the Department of Social Welfare and Development, “epal” refers to politicians who claim ownership of projects using taxpayers’ money by flaunting 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, rebuttals, and follow-up questions are taken for granted.

This is why election laws should be strictly observed and critiqued 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

Assistant Professor and Dean UP Cebu

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-requisite for the issuance of a needed document or certification, like requiring a certificate or proof of having voted as one requirement for graduation, or for issuing a marriage license, or a driver’s 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 field, 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 difficult 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 policemen’s vehicle, easily discouraging him from continuing with his trip to vote. A call to the town’s Comelec supervisor is not an assurance, continued on page 14

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 understand the implications of voting and the significance of exercising their right to vote. On the surface, qualified voters are informed of the registration requirements, the identification documents that are necessary 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 difficult for voters to critically evaluate the merits of candidates considering 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 communities 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 associate with it, educating voters can help encourage their involvement through discussions on the basics of democratic processes.

Lastly, the government should stress its comcontinued on page 14

10 UP FORUM Volume 14 No. 1 January-February 2013 Art by Arbeen R. Acuña

Enabling Law Disabling ‘Small Dictatorships’ Arbeen Acuña

N

otwithstanding Constitutional constraints, a select few clans have been keeping strongholds and strangleholds, governing local territories, and training family members to race for domination come national election time. The elite class customarily compete among themselves, like thugs protecting their respective turfs. However, the latter is cloak-and-dagger, underground and outlawed; while the former is suits-and-ties with guns-goons-and-gold and seemingly legal. But all is not what it seems.

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 AntiDynasty Movement (AndayaMo), which has “urged the Comelec to disqualify (Rodrigo) Duterte (of Davao); Miguel Luis 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 sufficient legal grounds to ban political dynasties. As of press time, the Comelec has acted on AndayaMo’s petition. “It was raffled 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. “Hopefully, President Aquino will appoint two new commissioners by end of February.” He added that the respondents are expected to present their answers to the

Photo from the UPSIO

nasties) through people’s initiative (PI)” is another possible legal action against political dynasties, said Lacson. “There is an existing and valid law on this—RA 6735 (An Act Providing for a System on Initiative and Referendum). This law was upheld and affirmed by the Supreme Court (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’ Conference of the Philippines (CBCP) for instance, supports “initiatives by the lay ‘As may be defined by law’ faithful to pass an enabling law against Though political dynasties continue to political dynasties through PI.”4 enjoy the blessings of democracy as they At the NCPAG forum, Lacson said that can run for public office over and over the Constitution is the layman’s—not the again, they violate the Constitution. Arlawyer’s document, which means that, ticle 2 Section 26 states: “The State shall as instituted by the SC, the “plain and guarantee equal access to opportunities ordinary meaning of the words used must for public service and prohibit political prevail.” Quoting from Black’s Law Ledynasties as may be defined by law.” gal Dictionary, Lacson defined political During the forum “Political Dynasties: dynasties as “succession of rulers from A Challenge to Political Reform” last the same family.” Another definition he January 24 at the UP National College of mentioned was Justice Antonio Carpio’s: Public Administration and Governance “the phenomenon that concentrates political power and public resources within the control of a few families alternately holding elective offices.”

Lacson said that during the deliberation of the 1986 Constitution, the original provision did not have the phrase “as may be defined by law.” This initial version of the provision would have been more explicit in prohibiting political dynasties. According to Lacson, the version won by one vote, but was later amended after Serafino Guingona’s motion, wherein “as may be defined by law” was appended.

Lacson added that Blas Ople and Christian Monsod then opposed the anti-political dynasties provision. The two Atty. Alex Lacson (extreme right) sits with the other speakers during the forum on "Political Dynasties: A Challenge to Political Reform" held January 24, 2013 at the UP-NCPAG. believed that “because of the EDSA (revolution), people (NCPAG), Atty. Alex Lacson said that petition in a hearing on February 26. The have become mature” and that “we the provision does not state “as may be said Comelec division is yet to decide on should not restrict the right of people defined by Congress” but “as may be the issue.2 to vote.” Lacson said that the provision defined by law”—thus, “the CommisBesides filing a petition, “proposing a against political dynasties is not a restricsion on Election’s (Comelec) rules can law in Congress (to define political dytion but a regulation.

‘Clear and obvious’?

AndayaMo’s petition particularly seeks disqualification of local politicians—“six candidates from four dynastic families.”

Lacson said that the petition aims for the “immediate implementation of the Constitutional prohibition against those ‘clear and obvious’ cases of political dynasties, those cases that fall within the definition of the term political dynasty as understood by the framers of the Constitution.

These cases do not need any enabling law for them to be implemented immediately.” 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 negative perception among the public,” said Lacson. “We are prepared to elevate this matter to the SC should the Comelec decide negatively on our petition. At any rate, it is the SC which has the final say on this matter, considering especially that this involves a Constitutional issue.” In an article from gmanews.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 AndayaMo’s selective petition are the more obvious dynasties monopolizing political power at the national level—for instance, the flesh and blood of former presidents. In an Inquirer news article,6 Duterte decried the petition that “smacked of a double standard” and found it strange that 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 Aquino’s mother was president, and his father and grandfather became senators. With this political pedigree, the Aquino clan is ostensibly a dynast in the national level.

In another Inquirer news article,7 Presidential Spokesperson Edwin Lacicontinued on page 11

UP FORUM Volume 14 No. 1 January-February 2013 11

'POWER FOR POWER... continued from page 6

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 of a 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?”

ENABLING LAW... continued from page 10

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 family names’ should be studied.” Lacierda claimed that “Team Pinoy candidates have ‘proven themselves’ in public service and private sector, and it was up to the electorate to vet their qualifications.”

Lacson said that AndayaMo filed 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 obvious’ cases of political dynasties, those cases that fall within the meaning of political dynasties as understood by the framers of the Constitution, “It is my considered view that the Comelec has the

“Even when we've been able to replace presidents, walang improvement 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 fit 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 condemnation, what Capuno's theory emphasizes is performance—particularly, how good performance can be assured from public servants. “What makes a candidate good or bad?” he asks. “Of course innate talent, but you don't know that in

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 political 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-Arroyo’s alleged electoral fraud partners-in-crime who have remained unpunished? Never forget that the Ampatuan clan’s notoriety alone tells a lot about how basic units of society as ‘small dictatorships’ are actually Frankenstein’s monsters of dictatorship on a grand scale.

--------------Email forum@up.edu.ph NOTES:

1 Tubeza, Philip C. (2013, February 5).

Disqualification cases filed vs. Duterte, 5 other 'political dynasts'. Philippine Daily Inquirer.

A CONVERSATION ON THE PARTY-LIST SYSTEM... continued from page 2

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/

'IT RUNS IN THE FAMILY'.. continued from page 7

Tuazon, Bobby. (2012 September). Election 2013: Horizontal and Vertical Expansion of Political Dynasties. Issue Analysis: 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, Phillip C. (2012, February 5).

Disqualification cases filed vs Duterte, 5 other ‘political dynasts.’ Inquirer News. Retrieved from http://newsinfo.inquirer.net/353129/ disqualification-cases-filed-vs-duterte-6members-of-prominent-political-dynasties

Retrieved from http://newsinfo.inquirer. net/353129/disqualification-cases-filed-vsduterte-6-members-of-prominent-politicaldynasties#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-ondisqualification-petition-vs-6-members-ofpolitical-clans 3 Burgonio, TJ. (2013, January 31). Malacañang defends political dynasties. Philippine Daily Inquirer. Retrieved from http://newsinfo. inquirer.net/350097/malacanang-defendspolitical-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-bishopslash-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-ondisqualification-petition-vs-6-members-ofpolitical-clans 6 Lacorte, Germelina. (2013, February 7).

Duterte to anti-dynasts: Why not include Aquino? Inquirer Mindanao. Retrieved from

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

nagiging messy. 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 resolutions that undertook efforts to refine it. Kasi may mga resolutions kami eh…

still awaiting the Supreme Court’s final say.

“Itong cobwebs, itong vagueness— itong mga away, misinterpretations—

tingnan [dapat] ang mga ito as basis for the review.

“Number two is, of course, ongoing consultations with different party-list

Fine-tuning the law Sarmiento stresses the need to fix the enabling law itself.

“Ang panawagan namin noon pa, kahit sa mga committee hearings sa Congress, kailangang i-fine-tune itong

story/283874/news/nation/miriam-cries-foulover-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-phlworld-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 Villanueva, 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=Familyaffairs:-The-two-faces-of-political-dynasties&id=59508

http://newsinfo.inquirer.net/354315/duterte-toanti-dynasts-why-not-include-aquino 7 Burgonio, TJ. (2013, January 31). Malacañang defends political dynasties. Philippine Daily Inquirer. Retrieved from http://newsinfo. inquirer.net/350097/malacanang-defendspolitical-dynasties

Photo from the UPSIO

recalled Sarmiento, who was Presiding Commissioner of the First Division before he retired.

At times, organizations that have little actual connection to any marginalized and underrepresented sector manage to slip through.

“Minsan sa boto, natatalo ka, kasi [by] majority vote…kahit na dissenter ka, talo ka pa rin….So may mga lumusot,” 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 flaw sa Republic Act. Because of the vagueness, it gives room for interpretation... Because the law itself is flawed, the process is affected kasi yung process, interpretation na ito eh. Pero ang masasabi ko, at least there were efforts [on the part of Comelec], especially in 2013, to purify, to cleanse. Ibig sabihin, may ginawa din. Of course, hindi naman perfect.

“Pangalawa, we undertook efforts to cancel [the registration of unqualified party-list organizations]. Medyo mahirap yon. You get calls for impeachment. Kasuhan natin yan! Iyan ang consequence.”

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, talagang pure opposition. They are a match power for power. That is real competition. And that's nice.”

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groups, to further improve this law.

Other than that, wala na akong nakikitang way, unless you want to abolish the party-list [system]. You’ll 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, Sarmiento cautioned 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 ang partylist eh—I mean yung tunay na partylist—sa political parties…Kung wala namang ganoon, eh di old Congress ito, before Martial Law. But because of the party-list, kahit paano, nakakabalance sila…so may kagandahan.

Ngayon, kung lalong gumanda ang batas, lalong gaganda ang papel ng party-list sa Kongreso.”

After all, the Filipino-style partylist 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 lawmakers. 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 muchimproved party-list system in the Philippines. Filipino-style,” he added with a smile.

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12 UP FORUM Volume 14 No. 1 January-February 2013

GASTOS SA KAMPANYA, SUKDULAN NGA BA?... continued from page 1

Fred Dabu lakhan ng gastos ay para umano sa mga patalastas sa television networks, kung saan halos Php500,000 ang binabayaran sa 30-segundo hanggang isang minutong patalastas, bilang pangunahing daluyan ng impormasyon. Ang pagtayang ito ay 66 porsiyentong mas mataas kaysa sa Php1.2 bilyong ginastos ng mga pulitiko para sa media ads noong 2007, ayon sa ulat ng Deutsche Bank AG/Hong Kong nitong Enero.

Balikan natin ang mga pagsusuring nauukol sa pagbaha ng pera tuwing may halalan. Patampukin natin ang ginagastos ng mga kandidato sa pagka-senador upang unawain ang pampulitikang kalakaran sa bansa.

Magkano nga ba ang political ad spending ng mga kandidato't partido noong eleksyong 2010 at 2007? May nalalabag bang election laws batay sa laki ng gastos sa pangangampanya? Anuano ang mga aral at rekomendasyong mabubuo upang maisaayos ang kalakaran ng halalan sa bansa?

Pagsusuri sa halalan 2010

Pera at pulitika noong halalan 2007 Ayon sa pagsusuri ng Pera't Pulitika (PAP) ng Transparency and Accountability Network, Lawyers' League for Liberty, Consortium for Electoral Reforms, Access to Information Network, at mga mananaliksik, nagkaroon ng maraming iregularidad at iligal na aktibidad noong halalan 2007.4 Nakapagtala sila ng mga iregularidad tulad ng overspending o paggastos nang higit sa halagang naaayon sa batas, under-reporting o hindi pagsumite ng kumpletong listahan ng nalikom na pondo at ginastos sa salapi para sa kampanya, sobra-sobrang pag-ere sa telebisyon at radyo, at vote-buying o

botante ang mga kandidato, at idagdag pa dito ang Php5 kada botante na maaaring gastusin ng mga partido pulitikal. Ang mga kandidatong walang kinabibilangang partido naman ay pinahihintulutang gumastos ng Php5 kada botante, ayon sa Republic Act 7166. Sa tayang 52,002,730 bilang ng botante ngayong taon, hanggang Php156 milyon ang maaaring gastusin ng mga kandidato sa pagka-senador na may partido pulitikal, habang Php260 milyon ang maaaring gastusin ng mga independent na kandidato maging ng bawat partido pulitikal.

Bagamat masasabing hindi lumalabag sa batas ang mga kandidato at partido dahil ang mga halagang naitatala sa mga SOCE na isinusumite sa Comelec ay hindi lumalagpas sa naaayong kuwenta, masasabing sukdulan at imoral pa rin ang paggastos ng napakalaking halaga tuwing kampanyahan at halalan. Kung iuukol sa mga batayang serbisyo tulad ng pagkain, edukasyon, pabahay at pangkalusugan, ang halimbawang Php15 bilyong gastos tuwing halalan ay maaaring maging mas kapaki-pakinabang sa sambayanan. Pagsusuri mula sa NEDA na rin ang nagsasabing napakaliit na ambag sa ekonomiya lamang ang dulot ng napakalaking gastusang nagaganap kada tatlong taon.

Republic Act No. 7166 o Synchronized Elections Law.

Para sa ordinaryong Pilipino, para sa kalakhan ng populasyon na nakararamdam ng kakapusan, kahirapan, pagkagutom at pagsasamantala sa araw-araw na pamumuhay, ang mga nasabing kalakaran sa pulitika at napakalaking pagkakagastusan ay sukdulan pa ring nakababahala.

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Photo from http://news.bbc.co.uk/2/shared/spl/hi/pop_ups/07/asia_pac_enl_1179084431/html/1.stm

Noong 2010, iniulat ng Philippine Center for Investigative Journalism (PCIJ) na halos Php4.3 bilyon ang kabuuang gastos para sa mga patalastas o political advertisements ng mga kandidato sa pagka-pangulo, pangalawang-pangulo, senador at party-list groups sa loob ng 90 araw na kampanyahan.3 Php1.1 bilyon dito ang ginastos ng limang kandidato sa pagka-pangulo habang Php1.5 bilyon ang gastos ng mga kandidato sa pagka-senador.

Ang nasabing halaga ay may maidaragdag umano sa GDP ng bansa (0.39 porsiyento) at sa kaban ng bayan, ayon sa National Economic and Development Authority-National Planning and Policy Staff (NEDA-NPPS). Dagdag pa ng NEDA-NPPS, tinatayang nasa Php15 bilyon ang kabuuang ginastos ng pamahalaan at ng mga kandidato noong halalan 2010.

Kasama na dito ang badyet ng Comelec.

Mas malaki ito kaysa sa ginastos noong 2007.

Ang gastos sa political ads ay sumakop sa 29 porsiyento ng kabuuang gastos sa halalan 2010. Kalakhan pa rin nito o 78 porsiyentong gastos sa ads ay para sa mga patalastas sa telebisyon, kaya naman kumita umano ng halos tig-Php1 bilyon ang ABS-CBN Broadcasting Network at GMA Network noong panahon ng kampanya. Nakapagtala din ang PCIJ ng Php1.1 bilyon gastos para sa ads ng mga kandidato sa pagka-pangulo bago pa man nagsimula ang opisyal na kampanyahan. Hindi pa kasama sa kwenta ang magkakahalong ads ng mga kandidato at party-list groups.

Kung gayon, ang mga media networks ang may pinakamalaking pakinabang sa pangangampanya ng mga pulitiko, habang napakaliit lamang ang ambag nito sa GDP ng bansa.

pagbili ng boto. Iniulat din ng PAP na hindi ganap na naipatupad ng Comelec ang mga nakatakdang patakaran at batas para sa campaign finance.

Tinatayang gumastos ng Php1.86 bilyon ang mga kandidato sa pagka-senador para sa kanilang mga political ads noong 2007. Php1.1 bilyon o 59 porsiyento nito ay gastos ng Team Unity (TU) na kaalyado ng administrasyon at ito'y higit pa sa pinagsamang gastos ng katunggaling Genuine Opposition (GO) at iba pang kandidato. Kalakhan ng pondo ay ginastos para sa mga patalastas sa telebisyon, 27 porsiyento ang sa radyo at isa lamang sa pahayagan. Halos Php400,000 ang singil sa bawat minutong patalastas sa telebisyon.

Sa tantiya ng PAP, sina Prospero Pichay (gumastos ng Php162 milyon) at Manuel Villar (Php156 milyon) ang may pinakamalaking gastos para sa political ads habang sina Gregorio Honasan at Antonio Trillanes III ay gumastos lamang ng Php7 hanggang Php11 milyon.

Iniulat ng PAP na hindi rin garantiya sa pagkapanalo sa halalan ang pagbuhos ng pera sa patalastas dahil anim lamang sa mga naitalang pinakamalaking gumastos sa political ads ang nahalal na senador.

Inihalimbawa din ng nasabing pagaaral nina Ballester, et al., ng NEDA na ayon sa ilang Statement of Election Expenditures noong 2004, ang gastusin ng isang kandidato sa pagkasenador ay aabot sa Php94,730,976, kung saan Php17,122,922 ang gastos sa Election Paraphernalia, Php69,432,798 para sa Media, Php 3,037,876 para sa Meeting and Sorties, at Php5,137,380 para sa Administrative na mga pangangailangan.

Malinaw sa mga ulat ng PCIJ na mahigit sa daang-milyong piso ang ginagastos ng mga nangungunang kandidato para sa pagka-pangulo, pangalawangpangulo at senador sa political ads pa lang. Hindi pa kasama sa nasabing kuwenta ang gastos para sa mga campaign paraphernalia, suweldo at pagkain ng mga empleyado at taga-suporta, kagamitan sa kampanya, transportasyon, at marami pang ibang gastusin.

Sinuportahan ng pagsusuring ito ang inilathala ng PAP noong 2008. Ayon sa PAP, ang malawakang paglabag sa campaign finance laws at kakulangan sa pagpapatupad ng mga ito ay nagreresulta sa labanan sa pagitan ng kung sinu-sinong mga kandidato at partido ang mayroong kakayahang gumastos kaysa sa kung sinu-sino ang mas may magandang plataporma de gobyerno o kakayahang makapagsilbi sa bayan. Ang kalakaran sa pulitika tuwing halalan ay maihahalintulad sa pamumuhunan sa negosyo.

Kaakibat nito ang pagkaka-kompromiso o paglalagay sa alanganin sa demokratikong proseso ng pagpili ng mga pinuno ng bansa, pagkontrol ng iilang may pansariling interes sa mga pinakamataas na katungkulan sa gobyerno, at maging ang korapsyon sa iba't-ibang antas.

Ayon sa pagsusuri ni Malou Mangahas ng PCIJ, hindi lubusang naipatutupad ang batas hinggil sa campaign finance, at madaling napapaikutan o nalulusutan ng mga kandidato ang nasabing batas.5 Ani Mangahas, itinatakda ng batas hinggil sa campaign finance kung hanggang magkano ang maaaring gastusin ng bawat kandidato at partido sa panahon ng kampanya, sinu-sino ang maaaring tumanggap ng mga donasyon, anu-ano ang maaaring pagkagastusan, at iba pang mga patakaran. Dapat daw ay hanggang Php10 kada botante lamang ang maaaring gastusin ng bawat kandidato sa pagka-pangulo, pangalawang-pangulo at senador. Dagdag pa rito ang Php5 kada botante na maaaring gastusin ng kanyang partido. Sa tantiya ng PCIJ, hanggang Php750 milyon lamang ang maaaring gastusin ng mga kandidato sa mga nasabing posisyon, kasama na rito ang kontribusyon ng kani-kanilang partido pulitikal, noong halalan 2010.

Iniulat ng PCIJ na marami sa mga “Statements of Electoral Contributions and Expenses� (SECE) ay hindi kumpleto o kaduda-duda, matapos nitong tingnan ang mga SECE ng mga kandidato mula 1998 hanggang 2010. Ang pagsumite ng SECE ay sang-ayon sa

Ngayong halalan 2013, may pagbabago na kaya?

Para sa halalan 2013 at sa mga susunod pang halalan, naglabas ang Comelec noong Enero ng resolusyong magpapatupad ng batas ukol sa paggastos sa pangangampanya. Inatasan ng Comelec ang Law Department nito bilang Campaign Finance Unit (CFU) na pangunahing magpapatupad ng Campaign Finance Laws at ng Fair Elections Act. Ayon sa Comelec Resolution 9616, tutulungan sila ng Commission on Audit (COA), Bureau of Internal Revenue (BIR), Anti-Money Laundering Council (AMLC) at iba pang ahensiya ng gobyerno sa masusing pagpapatupad ng campaign finance rules.6 Aktibong pagpapatupad ng batas ang isasagawa ng Comelec at ng mga nasabing ahensiya, hindi lamang ang nakagawiang pagsilip sa statement of contributions and expenditures (SOCE) ng mga kandidato. Hindi na rin nila kailangang maghintay pa ng mga reklamo ng paglabag dahil sila na mismo ang magbabantay, magsusuri at magpapatupad ng batas.7 Batay sa ulat ng VERA Files, pinahihintulutang gumastos ng Php3 kada

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.&sourc e=web&cd=2&ved=0CDkQFjAB&url=http%3A %2F%2Fwww.nscb.gov.ph%2Fncs%2F11thN CS%2Fabstracts%2Finvited%2FMeasuring% 2520Economic%2520Progress%2FABSTRA CT_Ballester_Bartolazo_et_al_Impact%2520 Elections%2520Spending.pdf&ei=r2Y5UcrbHyciAe70YGADg&usg=AFQjCNEdkZy0DfAoC9uCttG86TggaXJ2A 2 Cabacungan, Gil C. (2013, February 1). Political ad spending to hit P2B; GMA 7, ABS-CBN to get bulk. Philippine Daily Inquirer. Retrieved from http://newsinfo.inquirer.net/350615/ political-ad-spending-to-hit-p2b-gma-7-abscbn-to-get-bulk 3 De los Reyes, Che. (2010, May 26). Nat’l bets splurge P4.3B, local bets P162M on ads.

Philippine Center for Investigative Journalism (PCIJ). Retrieved from http://pcij.org/stories/ nat%E2%80%99l-bets-splurge-p4-3b-local-

itutuloy sa pahina 14

UP FORUM Volume 14 No. 1 January-February 2013 13

Gastos sa Kampanya: Noon at Ngayon N

apakalaki ng pangangailangan natin sa reporma sa gastusin sa eleksiyon o ang tinatawag na campaign finance reform.

Noong katatatag pa lamang ng Senado pagkatapos ng EDSA 1 kung saan kumandidato ako sa unang pagkakataon, wala halos kaming gastos. Una, bawal ang radio at TV ads.

Noong tumakbo ako sa pangalawang termino noong 1992, bawal pa rin ang radio at TV ads. Noong wala na ako sa Senado, hiniling ng KBP na payagan ang paggamit ng TV at radio ads ng mga nangangampanya sa pambansang eleksiyon.

Ilang pag-aaral ang nagpapatunay na ang ginagastos ng mga kandidato sa TV ads ay halos naaayon sa ranking nila sa resulta ng eleksiyon. Napakalaking bagay niyan.

When I ran for office the last time, I knew I could not come up with the amount that would be needed for placing ads in the primetime spot. A 30-seconder ad already cost P300,000 in 2001.

Ngayong 2013, ang isang 30-seconder spot ay maaaring umabot ng P600,000. Imagine how much money you should have to be able to market yourself. Kaya ang nakakalamang diyan ay mga kandidatong may dating pangalan na, o kasama sa dinastiya, nasa pinilakang tabing, at nasa telebisyon araw-araw o linggu-linggo. Minimal lamang ang kailangan nilang adbertisment.

This is a very big problem because it means the “serious money” a candidate needs would only come from those who have vested interests in public policy.

N

Photo from the UPSIO

agsagawa ng monitoring at pag-aaral tungkol sa eleksyon at campaign finance, o campaign spending, ng mga pulitiko noong 2007 ang grupong Pera at Pulitika (PAP). Dalawang lebel ang aming ginawa—isa sa antas lokal, para sa mga kandidato na tumakbo sa lokal na posisyon, at isa sa antas nasyunal, para sa mga tumakbo sa pagkasenador. (Hindi namin kayang i-cover pa yung party-lists na nasa antas national din.)

Napatunayan namin na napakahirap i-monitor o subaybayan ang kanilang expenditures, dahil sa TV ads pa lamang ay kailangang tutukan buong araw para makita kung ilang ads nila ang lumabas. Ang pinakamagandang paraan ay mag-commission ng grupo na sadyang gumagawa na ng ads monitoring. Ito ay ang TV ratings firm na AC Nielsen.

Isang function nito ay i-monitor ang commercials sa TV. Sinuri namin ang data mula sa AC Nielsen at lumabas kung magkano ang ginagastos ng isang kandidato doon pa lamang sa TV commercials. Nalaman din namin na ang TV commercial ang pinakamahal na pamamaraan ng kampanya, kasunod nito ang mga radio commercials.

Dalawa lamang ito sa malaking ginagastusan ng mga kandidato. May iba pang pinagkakagastusan sa kampanya, gaya ng mga rallies at sorties, kung saan umiikot sila sa buong bansa at mga key cities. Namimigay din sila ng t-shirts, pamaypay, at iba pang mga items. Ang pamasahe sa pag-ikot nila ay bahagi ng campaign spending. Lahat nang ito ay napakahirap i-monitor. Kahit sinubukan naming makipag-ugnayan sa kanilang staff, mahirap makakuha ng transparency kung magkano lahat ang gastusin o expenses.

Sinabi nila na ang kanilang pondo ay galing din naman sa maraming donors, kaya sila mismo ay nahihirapang tukuyin lahat ng spending. Tinutukan namin ang tv at radio commercials—ang pinakamalaking chunk ng expenditures ng national candidates.

Sa mga local candidates, gumawa kami ng monitoring sa mga piling lugar kung saan medyo kritikal ang eleksyon by tradition. Natukoy namin sa Metro Manila ang Malabon, Navotas, Pasig, at Quezon City at sa labas naman ng Metro Manila ay Abra na masasabing election "hotspot." Dahil sa resource constraint, Metro Manila muna ang tinutukan namin. Mas madali ring i-monitor ang lokal na kampanya.

Tiningnan namin ang datos sa national at local levels at ikinumpara sa expenditures na pinahihintulutan sa batas. Sinuri namin ang mga gastos na iyon kung pinahihintulutan sa ilalim ng campaign finance laws at kung ipinapatupad ba ang batas sa aktuwal na kampanya.

Dr. Edna Estifania Co

Una, nakalalamang na ang nasa dinastiya at ang mga nakapwesto na—they have access to government resources. Ikalawa, kailangan ng napakalaking pera. Ikatlo, ang mga taong may tinatawag na “vested interest” sa polisiyang pampubliko ang magbibigay ng perang pangampanya. Ang resulta, hindi ka pa nahahalal, alam mo na ang boto mo. May pakinabang ang nagpopondo, namuhunan sila dyan. The regulatory powers of government have already been compromised.

People should realize that these things are a serious threat to the integrity of our democratic processes like elections. Pero hindi agad nakikita yan. We need to demand full transparency as to who are funding the candidates. We have a situation in which the public policy and regulatory powers of government are already compromised as early as the election campaign.

Sa sitwasyon ngayon, hindi na makakapangampanya ang mga taong hindi kilala, o hindi nanggaling sa pamilya ng mga pulitiko, at mga walang pera pero kuwalipikado.

It was almost a fluke when we first ran and won in 1986 under the Corazon “Cory” Aquino ticket. Twenty-two out of 24 won. Halos walang gastos yun. It was just the Cory magic that helped us. Of course, we had individual levels of popularity and exposure in terms of the mass media. There were also those who had been senators already.

But the ball game has changed now. That is a serious issue that should be addressed.

Campaign finance is not even talked about. You cannot talk about dynasties without linking it with the issue of campaign finance.

What are the solutions to this problem? If you want a democracy that is functional, we must be able to give a chance for the marginalized to be represented.

First, reform our party system so that there will be transparency as to where campaign finance comes from. Study how other countries conduct their national elections, how federal funding is provided for those who are running, although this requires the institutionalization of the political party system. The mechanism for federal or national funding is the political party.

Second, there should be real transparency. We should know who are funding the candidates. A lot of donors contribute funds but don’t want to be identified. We should have a law that requires all donations beyond a certain amount to be declared. Lalong dapat nating alamin ang pinagmulan ng malalaking donasyon, nang sa gayon, kung may hidwaan o conflict sa panukala o polisiya, alam natin ang pinanggagalingan. There are many interest groups, power brokers, loggers, pharmaceutical or tobacco industries lobbyists. Lahat nang ito ay dapat malaman ng tao.

Elections are a condition sine qua non for a democracy. The elite and those with vested interests should not control and dominate the process. It is very difficult to pass a law if the legislators are under their control. Public pressure has to be mounted to force our legislators to reveal who fund their campaigns.

In my years in the Senate, the committee report on an anti-dynasty bill was something I fought for in my two six-year terms. I called for discussions on this issue but was always stymied by colleagues in the Senate and the House. It was similar to the total log ban I fought for. We won some and lost some. We succeeded in passing the generics act in spite of the opposition of the drug companies and the Philippine Medical Association.

You win some and lose some. The reality is that it is almost impossible to get to the Senate if you are poor. The odds are stacked against those who don’t have the money itutuloy sa 14

Photo from the UPSIO

Dr. Orlando “Orly” Mercado

Lumabas na, una, may ilang problema sa batas dahil mahirap itong ipatupad kung hindi naman makakapagsumite ng makatotohanang ulat ng spending ang mga kandidato. Maraming kandidato na hindi sumusunod sa itinatakda ng batas. Ikalawa, kung meron namang isinumiteng report sa Comelec, paano naman mapapatunayan kung ito ay kumpleto at makatotohanan? Dapat may mekanismo at tauhan ang Comelec upang maisagawa ito. Nakita namin na kulang ang mekanismo at tauhan sa Comelec upang i-monitor ang campaign finance.

Batay sa aming pagsusuri, naglabas kami ng ilang mga rekomendasyon: 1. Kailangang magkaroon ng sapat na mekanismo at tauhan ang Comelec upang maayos na maipatupad ang batas.

2. Napapanahon nang repasuhin kung ang nakasaad sa batas na allowable expenses ay makatotohanan pa ba o hindi na. Ayon sa batas, pinapayagang gumastos hanggang P3 kada botante ang isang kandidato at kung ang kandidato ay miyembro ng pulitikal na partido, pinapayagan siyang gumastos hanggang P10 kada botante. Mukhang doon pa lamang sa gastos sa tv commercials, maraming kandidato na ang lumalabag sa batas.

3. Alinsunod sa batas, kailangan ding magreport ang mga donors ng kandidato. Noon, hindi ito ginagawa, hindi sila nagsusumite ng ulat. Compliance ang problema.

Nanawagan kami na bigyan ang Comelec ng angkop na kapangyarihan, sa pamamagitan ng mekanismo, tauhan at unit o opisina na magpapatupad ng batas sa ilalim ng campaign finance monitoring.

1. Nagtagumpay ang PAP na ipakita sa publiko ang kahalagahan ng aspeto ng campaign spending. Hindi patas ang kampanya, kaya kailangang i-regulate o pangasiwaan ang campaign spending para maging patas ang laban.

2. Malaking tulong ang media. Tinatanong nila sa mga kandidato kung magkano ba talaga ang ginagastos sa kampanya. Naisusulong nito ang transparency.

3. Nagising ang Comelec na kailangan pala nitong palakasin ang komisyon upang maipatupad ang batas. Dahil sa ganitong advocacy, tumugon ang Comelec. May itinatag ang Comelec na campaign finance monitoring unit.

Noong eleksyon 2010, nagsumite na ang mga kandidato ng kanilang report sa Comelec. Inilathala sa mga pahayagan kung magkano ang kanilang ginastos at sinubukan din nilang maging bukas o transparent hinggil sa campaign spending. Nagkaroon ang mga tao—kandidato, media, Comelec—ng kamalayan tungkol sa campaign spending. itutuloy sa 14

14 UP FORUM Volume 14 No. 1 January-February 2013

THE UP FORUM ROUNDTABLE DISCUSSION ON THE PHILIPPINE ELECTIONS RTD: PIMENTEL... continued from page 8

access the machines cannot report or transmit fraudulent results; and (c) Prohibiting the marketing, sale, lease, importation, distribution or use of transmission jammers during the election period to prevent interruption of the transmission of election results.

On campaigns, to give life to Section 80 of the Omnibus Election Code (OEC), we need to revisit the reckoning period when a person who filed a certificate of candidacy is considered a candidate.

The enforcement and prosecution of election-related offenses is another area that needs to be strengthened if we want our election laws to be respected and followed.

Currently, Section 266 of the OEC requires that a warrant of arrest be issued by a competent judge before a person committing a campaign offense is arrested.

This should be amended to allow the arrest or detention of persons committing or had just committed an election campaign offense in line with the concept of a citizen’s arrest under the Rules of Court.

In terms of contests and prosecution, there should be a mandatory period within which election protests and election offenses can be terminated, and a law that limits the number of precincts to be included in the counter-protest.

I propose this because in July 2007, I filed an election protest before the SET to question the fraudulent count at the Comelec-led national board of canvassers.

In my protest, I carefully and logically limited the number of protested precincts to only 2,658. However, the candidate proclaimed by the Abalos-led Comelec counter-protested over 73,000 precincts, including my 2,658 protested precincts.

This counter-protest was 27 times larger than my protest and covered almost onethird (1/3) of the entire country. At the time of the protestee’s proclamation, he led by only 19,292 votes. Obviously, his manifest intention was to delay the resolution of the proceedings.

Hence, the need for a law to limit the counter-protested precincts to a number

not exceeding the total number of protested precincts.

Finally, we need the unqualified involvement of every Filipino to see to it that our elections are held with honesty, integrity, order, and credibility; otherwise, we would not only put our own future at risk, but also bring to naught the benefits of democracy.

--------------Email kokopimentel@hotmail.com.

RTD: TAGLE... continued from page 8

commissions, the Comelec is the only one without its own building. Having a building of its own will enable the commission to draw up long-term plans that will help professionalize the work environment.

5. Developing a More Transparent and Credible Electoral Dispute Adjudication - One of the primary functions entrusted by the Constitution to the Comelec is to resolve electoral disputes.

However, it is essential to reform the election dispute resolution system to expedite the resolution of cases. A revised automated case management system which includes case initiation and indexing, docketing, scheduling, document creation, calendaring, hearings, disposition and post disposition compliance and records management must be put in place.

--------------Email comm_tagle@comelec.gov.ph.

RTD: CORTES... continued from page 9

exercise helped voters escape the trap of last-minute name recall (as a result of a nagging jingle, political lineage, celebrity status, or mere popularity) while casting the ballot.

A Pulse Asia survey released early this February bared that two-thirds of Filipinos still had not completed their list of preferences for senators. Clearly, there is room for engaging the electorate into a careful

deliberation about their votes. Although the initiatives I mentioned catered to underprivileged communities, I do not mean to suggest that voters’ education is relevant only to one sector. All voters—young and old, rich or poor, first-time or veteran— need reliable sources of information about the positions and the candidates they will elect, as well as an accessible and understandable platform for evaluating such information, and reflecting on their (voters’) desires, motivations, and decisions.

The process of engaging the voters towards this end involves personal contemplation free from external imposition and judgment. The platform need not be a formal session. It can be a casual conversation in a coffee shop, school, at work, the market, parlor or barbershop, or street corners where the neighborhood sari-sari store offers free benches.

“We get the government we deserve,” we often quote from de Tocqueville. We can easily fault the electorate for putting into office political leaders, but I think we can do better than pointing fingers.

--------------Email damcellet@yahoo.com.

RTD: CORRO... continued from page 9

for she is helpless to go on her own to the mountainside to enforce the law. And she cannot leave behind a myriad of complaints going on in her office. And once the voter arrives at the voting center, he is not assured that the teacher did not allow people who will monitor his vote access inside the center.

Yes, parties are entitled to watchers. But is this always how it should be? A voting condition riddled with obstacles?

During election time, there must be a better way of assigning teachers and policemen and Comelec heads in towns or cities, without them being beholden to the administration or whoever is the appointing authority of these officials.

And maybe, once these reforms are instituted, voters will be more encouraged to freely and inteligently exercise their right to vote, and we will have a

DR. ORLANDO "ORLY" MERCADO... mula sa pahina 13

even if you have the best intentions, skills, talent, or fervor.

Much has been said about our lack of real political parties. Everybody gravitates to who’s in power and then they shift loyalties. We have not institutionalized our political parties. What we have now are mere factions of the same. They don’t fulfill the basic requirements of a political party, the ideology, membership, discipline…it’s only a mechanism that comes alive only during elections.

In analyzing campaign finance reform, we should have a holistic view of the issue. How do you make elections less expensive? How do you democratize the process? How do you provide access to those who don’t belong to political dynasties or those who don’t have the funds? These are interlinked.

-------------------Ang awtor ay secretary general ng Eastern Regional Organization for Public Administration; propesor sa Pambansang Dalubhasaan ng Pamamahalang Pambayan ng UP; at senador ng Republika ng Pilipinas (1987-1998). Padalhan siya ng email sa forum@up.edu.ph.

DR. EDNA ESTIFANIA CO... mula sa pahina 13

Ngayong eleksyon 2013, maingat na rin ang mga kandidato dahil may memorandum ang Comelec kaugnay ng campaign finance at paglalagay ng campaign ads sa designated spaces. Binawasan din ang bilang ng minuto o oras

better voters’ turnout.

--------------Email lizadcorro@yahoo.com.ph.

1 Stromsberg, SE-103 34 Stockholm, Sweden

RTD: FRANCE... continued from page 9

mitment to empowering the youth. The youth face uncertainty in such concerns as access to education and other social services, job security, and economic stability. Nowadays, it is undeniable that technology is making it easier for politicians to influence the youth and this can be maximized so that more young people exercise their right to vote and have their voices heard. With their easy access to social media, the youth are a potent shaper of public opinion.

The youth vote is dynamic; recent trends in voters’ registration show interesting advances in voting habits. Of the more than 52 million registered voters, about half belong to the youth or those aged 18 to 33, according to a recent Yahoo! article.

The political candidates should not detach themselves from the concerns of this sector because their loss or victory can depend on the support of the youth.

These suggestions for reform can do no harm but they can also do no good if not combined with concrete actions to change the socioeconomic foundation of the system which would pave the way to really transforming Philippine elections and making them legitimate contributions to the making of genuine democracy.

--------------Email absie.eligio@gmail.com.

Sources:

Calimag, Melvin. (2013, March 12). Philippine Elections in the Age of Social Media. ZDNet. Retrieved from http://www.zdnet.com/ph/ philippine-elections-in-age-of-social-media7000012443/ Pacpaco, Ryan. (2013, January 5). Anti-Epal Drive of DSWD is Hit. Journal Online.

Retrieved from http://www.journal.com.ph/ index.php/news/headlines/42340-anti-epaldrive-of-dswd-hit Significance of the Youth Vote. (2013, February 14). Yahoo Philippines, taken from Manila Bulletin. Retrieved from http://ph.news.yahoo. com/significance-youth-vote-113215851.html

personnel sa Comelec, kung saan administrative at management ang kailangang bigyan-pansin ng pamahalaan. Pangalawa, dapat susugan ang pagrepaso ng campaign law sa Senado at Kongreso upang malaman kung ano ang kailangang baguhin.

Kailangan rin ng malawakang education/information campaign para sa publiko, partikular sa pagpili ng kandidato na may kinalaman sa “excessive campaign spending,” at ang patuloy na pagbabantay ng publiko sa mga ginagastos ng kandidato para sa kampanya.

-------------------Ang awtor ay dekana ng Pambansang Dalubhasaan ng Pamamahalang Pambayan ng UP. Padalhan siya ng email sa forum@up.edu.ph.

GASTOS SA KAMPANYA... mula sa pahina 12

para sa radio commercials. Tutol dito ang ilang kandidato pero nakikita natin ngayon ang resulta ng nasimulan ng PAP noong 2007. Naging mas vigilant o mapagbantay ngayon ang Comelec at civil society groups at tumaas ang kaalaman ng publiko kaugnay ng campaign spending.

Ngayong naitayo na ang campaign finance monitoring unit ng Comelec, may continuing policy reforms na kailangan pa. Una, dapat lagyan ng corresponding budget para sa campaign finance monitoring unit, for hiring of

bets-p162m-on-ads/.

4 Pera't Pulitika (PAP). (2008, August 27). Developing Baseline Data on Campaign Spending in the Philippines (Pilot Test: 2007 National and Local Elections). Retrieved from http://www.tan.org.ph/index.php?option=com_conte nt&view=category&layout=blog&id=47&Itemid=86 5 Mangahas, Malou. (2010, February 15). Poll expense reports of Erap, Arroyo, wanna-be presidents shot full of holes. Philippine Center for Investigative Journalism (PCIJ). Retrieved from http:// pcij.org/stories/poll-expense-reports-of-erap-arroyo-wanna-bepresidents-shot-full-of-holes/ 6 Crisostomo, Sheila. (2013, January 18). Comelec forms unit to scrutinize poll bets’ expenses. The Philippine Star. Retrieved from http://www.philstar.com/headlines/2013/01/18/898304/ comelec-forms-unit-scrutinize-poll-bets-expenses 7 Flores, Mikha. (2013, January 17). Campaign finance rules tightened. VERA Files. Retrieved from http://verafiles.org/ campaign-finance-rules-tightened/

UP FORUM Volume 14 No. 1 January-February 2013 15

The Changing Election Climate

Election Hotspots in the May 2013 Elections

Keeping tabs on hotspots in the Philippines KIM Quilinguing

I

n the age of climate change, in much of the world the term “hotspots” refers to areas most endangered by environmental degradation. But in Philippine elections “hotspots” refers to areas where electionrelated violence incidents are most likely to occur. “Climate change” can therefore mean the shifting of the culture of Philippine elections from the dominance of guns, goons and gold to a peaceful and orderly process.

As early as January this year, the Philippine National Police (PNP) had already identified 889 hotspots, or areas of concern

Capital Region (NCR) with six.

According to the PNP, these areas of concern have been so identified because of the number of election-related violent incidents, heightened political rivalry between contending groups, the proliferation of firearms, and the presence of private armed groups.

But the declaration of some areas in the country as hotspots is merely a preventive measure on the part of the Commission on Elections (Comelec), the PNP and the armed services. The intention is to prevent the escalation of an already existing climate of fear,

Number of anticipated May 2013 election hotspots per region. Data from GMA News Online.

in the May 2013 elections—up from the 509 it identified late last year.

Of this number, 106 areas in the Ilocos region have been designated as among those which must be closely monitored for election-related incidents of violence and intimidation. This is followed by 88 areas in Eastern Visayas and 83 in the Autonomous Region for Muslim Mindanao (ARMM).

intimidation and violence.

The Consortium for Electoral Reforms and Vote Peace noted that the highest number of election-related violent incidents during a campaign period was in 2004, when 289 incidents resulted in 143 deaths and 252 people injured. There were 269 incidents of election-related violence in 2001, with 111 dead and 293 injured.

104 deaths and 122 people injured. This was a 42.5percent decrease from the 226 incidents of electoral violence recorded in 2007.

CER, Vote Peace and the PNP said that the reduction in electoral violence incidents in the 2010 automated polls was the first since 1998. The election reform advocates also attributed the development to the effective implementation of the election gun ban by the PNP and AFP. But it is important to point out that while there was a reduction in election-related violence incidents in 2010, the figures were still cause for concern.

While during the 2010 election campaign the people in such areas as Masbate, Abra, Nueva Ecija, Samar, Sulu and Lanao del Norte—long known to be violence flashpoints—were able to exercise their right of suffrage with a dramatic reduction of violent cases, there was, on the other hand, the continued outbreak of violence in areas like Lanao del Sur and Zamboanga Sibugay.

But three years have passed since then and arguably much has changed not only in

—if they can put on track this year the electoral “climate change” of dramatically reduced violent incidents that characterized the 2010 election.

-------------------Email forum@up.edu.ph.

NOTES:

1 Cayabyab, Marc Jayson. (2013, January 11).

PNP Declares 889 areas as ‘hotspots’ for May polls. GMA News Online. Retrieved from http:// www.gmanetwork.com/news/story/289841/

Number of election-related violence incidents during the 2010 campaign period. Data from ABSCBNNews.com Incidence of election-related violence from 1998-2010, as recorded by CER and Vote Peace. Data from Newsbreak, as published on ABS-CBNNews.com.

Among those considered less alarming, but which still need close monitoring, are the Zamboanga Region with 28 hotspots, the Caraga Region with 26, and the National

CER and Vote Peace noted that the incidence of violence during the campaign period (January to May) fell in 2010, when there were only 130 incidents resulting in

the social, political and economic landscape of the country, but also in how ordinary citizens view the exercise of the right to suffrage.

It remains to be seen how the Comelec, the PNP and the AFP will succeed in making the 2013 elections relatively peaceful

news/nation/pnp-declares-889-areas-ashotspots-for-may-polls 2 Somoso, Maki. (2010, May 25). Post-massacre gun control led to less violence on election day.

Newsbreak, as published on ABS-CBNNews. com. Retrieved from http://www.abs-cbnnews. com/nation/05/25/10/post-massacre-guncontrol-led-less-violence-election-day 3 Ibid.

E R R ATA

Corrections on page 6 of the November-December 2012 issue of the UP Forum in the sidebar "Professors Emeriti of UP Baguio," in the section on Dr. Elsie C. Jimenez: 1. The sentence "She started her career by teaching Mathematics 14 (Trigonometry) and Biology 121 Lab (Plant and Animal Physiology Lab) in UPB..." should read: "She taught chemistry courses, her area of specialization, and also Mathematics 14 (Trigonometry) and Biology 121 Lab (Plant and Animal Physiology Lab)..."

2. The name "Baldomera" in the sentence "She co-authored with Baldomera and other scientists..." should be "Olivera."

3. "Dangal ng Lahi" in the last portion of the article should read "Dangal ng Lipi."

4. The word "conantoxin" should read "conantokin."

In the print version of the same issue, the author's byline on page 16 should read Amy Bonifacio Ramolete, not Romolete.

Our apologies.

The UP FORUM Dr. Clarita R. Carlos UP College of Social Sciences and Philosophy Dr. Edna A. Co UP National College of Public Administration and Governance Dr. Emil Q. Javier UP President (1993-1999)

BOARD OF ADVISERS Dr. Orlando S. Mercado

Prof. Luis V. Teodoro UP College of Mass Communication

UP National College of Public Administration

Dr. Dante M. Velasco

and Governance

UP College of Mass Communication

Dr. Jaime Galvez-Tan UP College of Medicine

Dir. Gen. Marilyn B. Barua-Yap House of Representatives

J. Prospero E. De Vera III Editor-in-Chief Frances Fatima M. Cabana Editor Flora B. Cabangis Managing Editor Luis V. Teodoro Copy Editor

Arbeen R. Acuña Stephanie S. Cabigao Fred E. Dabu Andre P. Encarnacion Celeste Ann Castillo Llaneta KIM G. Quilinguing Writers

Arbeen R. Acuña Graphic Artist Celeste Ann Castillo Llaneta Layout Artist KIM G. Quilinguing Webmaster: Forum Online Sol R. Barcebal Researcher

Bong Q. Arboleda Misael A. Bacani Jun M. Madrid Photographers Cristy M. Salvador Obet G. Eugenio Alice B. Abear Tom M. Maglaya Victor D. Imbuido Administrative Staff

U P S ystem Inform ati on Of fice  M ez z anine F lo o r, Qu e z on H a l l , U P D i l i m an, Q ue z on C i ty  Te l e fa x 9 2 6 - 1 57 2 , tru nk line 9 81-85 0 0 lo c . 2 5 5 2 , 25 49 , e-mail: fo r um@up.edu.ph

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Message of the UP President

UP Padayon sa Halalan Alfredo E. Pascual

Editor's Note: This message was delivered at The Rundown: The 2013 Senate Elections Forum on February 7, 2013 at the GT-Toyota Auditorium, Asian Center, UP Diliman. The event was organized by the UP Economics Society, with the support of the Office of the Vice-President for Public Affairs, and forms part of the UP Halalan 2013 project to promote honest, credible and empowering elections. t is my honor to welcome you all to The Rundown: The 2013 Senate Elections Forum and my privilege to congratulate the UP Economics Society (UP EcoSoc) for organizing this event which forms part of UP’s continuing effort to promote an honest, credible, and empowering May 2013 election through voters education.

I would also like to thank our distinguished senatorial candidates for coming over today. I know that you have been trying your best to find time for all the hundreds of election-related invitations sent to your office in the past weeks and months. Your presence here today is a gesture of good faith to our young people and an affirmation of your deep concern about the issues that concern them.

Your decision to be with us this afternoon gives us hope that the leadership we deserve—one that is based not on connections and rhetoric, but on integrity and solutions—is close at hand.

Today's event is really all about our students, particularly the EcoSoc and the School of Economics. They were the ones who conceptualized, organized, spent sleepless nights, drank tons of coffee, made frantic phone calls to confirm attendance, and implement this senatorial forum. You must remember that they are competing with many other students groups, television stations, civic organizations, and local governments in inviting senatorial candidates to debates. The presence here today of the “who’s who” among our senatorial candidates is the best proof of their competent work. Let us all give a well-deserved round of applause to UP EcoSoc and the School of Economics.

As you all know, UP has recently partnered with the Comelec, ABS-CBN, and other media organizations to aggressively work for clean, credible and empowering elections in 2013 through voters’ education. This initiative forms part of our public service responsibilities under the UP Charter and consistent with our mandate under RA 9500 to provide our unique and distinctive leadership in higher education and development.

For the first time in our history, UP is mobilizing the services and expertise of its over 6,000 faculty and staff, close to 52,000 students, and some 300,000 alumni

I

throughout its six constituent universities and one constituent college to provide election information, analysis, research, expert opinion, and candidates forums for what is shaping up to be a most important political exercise in our country’s history.

We want to make a difference in this election by helping voters make informed decisions when they go to the polls in May 2013. Decisions that are based not on myths and stories presented in candidate sponsored telenovelas, not on branding through 15-second television advertisements, not on national surveys, but on their analysis of problems, policy positions, and programs on issues that really affect our lives. This is the Tatak UP that we want to imbed in this election.

Our Tatak UP will also be shown through the Padayon UP sa Halalan 2013 website which will be launched soon.

This website will serve as a one-stop-shop for election information including election facts and figures, candidates’ videos and platforms, think pieces from UP experts, and researches on election issues that will put the 2013 elections into better perspective. This microsite will be posted in the websites of the UP System, its constituent units, UPAA chapters all over the world, and will be shared with

ABS-CBN and Comelec.

Ladies and gentlemen. The late US President John F. Kennedy, speaking before a crowd of 30,000 in Vanderbilt University in Nashville, Tennessee on 18 May 1963, reminded Americans of their roles and responsibilities as citizens when he said (and I quote)—“the ignorance of one voter in a democracy impairs the security of all." In this historic speech, Kennedy asserted that it falls to the educated man to assume the greater obligation of citizens—the pursuit of learning, and public service.

This afternoon, it is our students who are taking up Kennedy’s challenge of citizenship half a century ago by promoting issue-based voters’ education. The UP leadership fully supports this initiative. I ask all of you to do your part by listening intently, by asking the difficult questions on the pressing issues facing the country, by actively participating today, and exercising informed choice come Election Day, to show our leaders that we deserve better than politics as usual.

If we all work together towards empowerment, we will surely elect the leaders we want. Let me close this message by saying: Let the debates begin!

Mabuhay ang Rundown 2013! Mabuhay ang Halalan 2013 project! Padayon UP!

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