With the midterm elections a year away, calls are being revived for the abolition of the party-list system. This can be done only by amending the Constitution, so the calls are merely expressions of frustration over a system that has been much abused.
The Constitution provided for a party-list system to give marginalized sectors a voice in lawmaking and a reasonable share in public funds. Since the system was implemented, however, long-entrenched politicians, major political parties and even religious groups have used the party list as a backdoor for a voice – or a greater voice – in the House of Representatives. Their nominees head their front organizations, and for many years the Commission on Elections allowed these nominees to misuse the system as a steppingstone to Congress.
In 2001 and again in 2003, the Supreme Court ruled that the party-list system was reserved only for marginalized and underrepresented sectors, organizations and parties; those who lack well-defined constituencies; and those who could contribute to the formulation and enactment of legislation that would benefit the nation as a whole. The SC ruling also clearly stated, “not only the candidate party or organization must represent marginalized and underrepresented sectors (but) so must its nominees…”
This jurisprudence was ignored by the Comelec when it allowed the eldest son of former President Gloria Macapagal-Arroyo, for example, to represent security guards, as nominee of Ang Galing Party.
With the 2013 midterm elections approaching, the Comelec has promised to improve its screening of party-list organizations and their nominees. For one, the parties will be required to identify all their nominees, unlike in the past when the public was surprised to find out that retired Army Maj. Gen. Jovito Palparan, now wanted for the kidnapping and torture of two students, had become a party-list member of Congress. His Bantay True Marcos Loyalists party is reportedly planning to join the race again next year.
Until the Constitution can be amended, the nation is stuck with this flawed system. But there is no requirement to fill all the slots for party-list representatives in Congress. The Comelec should screen all party applicants and their nominees thoroughly for the 2013 elections. It must put an end to this mockery of the party list.