Rx for Comelec

When the first fully automated elections pushed through with less glitches than everyone expected, the Filipinos heaved a collective sigh of relief. It was a little like what happened at the turn of the century when everyone thought the Y2K crash was inevitable, but turned out to be a non-event. Of course, there were the usual protests that followed after every election. Mar Roxas filed a complaint against VP Jojo Binay and petitioned the Presidential Electoral Tribunal to consider some three million null votes that were not counted by the PCOS machines. There were also 56 House seats that were being contested by losing candidates. But all things considered, Comelec seemed vindicated. The Commissioners posed with their smiling mugs and toasts of self-congratulatory glee. And no one begrudged them of their victorious moment. After all, we had a President with a clear mandate from the people. All’s well that ends well.

But there’s a saying in the ad industry that you’re only as good as your last campaign. The same applies to Comelec. They are only as good as the last voting. They had barely put down their champagne glasses when the local races were due. This time, they seemed to fumble at every turn. The number of ballots was less than the number of voters in some areas. Or worse, the ballots never arrived. Polls were late or postponed in many places. Comelec officials could not be found, etc. etc. What happened? Was Comelec lulled into complacency after a perceived decent performance in May? Were they still fatigued from the rigors of the Presidential contest? Was there lack of energy for follow-through?

Former Comelec Chairman Christian Monsod, easily the most credible election authority and foremost champion of electoral reform, was the recent keynote speaker at the Jaime V. Ongpin Foundation. He gave a comprehensive and scholarly evaluation of the 2010 Automated Elections. With his usual crystal clarity, he assessed four main areas: 1) The elections as predicted and actual; 2) Unanswered questions on the “auditability” of the system; 3) Governance issues which call for urgent reforms; and 4) What he deemed most important, where do we go from here?

The full text of his 14-page speech was published in the leading newspapers. Among many points and recommendations mentioned in the discourse, I, like John Nery, was fascinated with a particular word that he used. To quote, “I am reminded of that paraprosdokian: I would like to die peacefully in my sleep like my father, not screaming and yelling like the passengers in his car. Our electoral system is that vehicle and the driver is the Comelec. And I am glad that the IT community is screaming and yelling now rather than later”. “Paraprosdokian” cannot be found in any ordinary dictionary. As Nery explained, it is “an exact term in rhetoric, meaning a figure of speech, often used for comic effect, in which the latter half of the line redefines the meaning of the first.” It’s not everyday that I come across a brand-new word. I am filing away the novel terminology for future use. But I digress.

I asked Chris Monsod for the Cliff’s Notes version of what he felt would be the most urgent and doable reforms that P-Noy’s administration should implement. He identified the four most critical issues with the biggest impact for an upgraded Comelec as follows:

1) Vacancies: There will be two vacant seats in the Commission by February 2011. Monsod proposes that the appointees need NOT be lawyers. Instead one can be an IT expert, and the second an expert in management, systems or behavioral science. He deplored the practice of assigning retired justices or nominees of political allies. He emphasized that partisan people like opposition nominees for example, should not be accommodated. For how can Comelec be expected to act in a non-partisan manner, if the appointees have political alignments, asked Monsod.

Chairman Melo has indicated his desire to step down. If this is true, the interim head can preside in the 2013 elections, and pave the way for a new chairman in time for 2016 presidential elections. There is a lot that must be prioritized by a reconstituted Comelec: clean up, re-organize and build a proper IT infrastructure.

 2) Private Armies: Cancel all licenses and permits to carry guns used for political purposes and disband paramilitary goons of politicians. The AFP and PNP know who these are. Spare no one, even political allies, was his next admonition.

 3) Election Spend: Most of the money used in elections is sourced from government - either through the pork barrel system, the IRA, or government contracts. The campaign against corruption must address this problem.

 4) Legislation: Work with and certify to the Congress, the following:

(a) Amendments to the Election Code, especially on violations against campaign finance provisions that were decriminalized in 1995. Also, correct the Election Code provision that limits election spending but not political contributions. There are other questionable items. Monsod also opines that the proposal to provide government assistance to political parties will not work and should not be supported.

(b) Revise and clarify the Party-List law. Do not abolish or weaken it but align it with the Constitution. The Supreme Court decision was flawed. The party-list is not supposed to have any more reserved seats after 9 years of implementation, and the definition of “marginalized” should be consistent with intent of the Constitution. If this is not changed in a new case, it will need to be corrected through legislation.

There has been much condemnation over some of P-Noy’s appointments. Some more valid than others. There is no room for mistakes for the future appointments in Comelec. A stringent and wide-ranging search for the most competent candidates should be done. It would be prudent if experts like Chris Monsod are part of the selection process. The probability of lemons might lessen, plus we might discover more new words.

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