Makabayan solons want partylist system law amended

MANILA, Philippines -  Makabayan bloc legislators have sought to amend the partylist system to ensure that the marginalized and underrepresented sectors of society get a seat in the House of Representatives.

Under House Bill 179 or Genuine Party-List Group and Nominee Act, Reps. Neri Colmenares and Carlos Isagani Zarate of Bayan Muna, Luzviminda Ilagan and Emmi De Jesus of Gabriela, Antonio Tinio of ACT Teachers, Fernando Hicap of Anakpawis and Terry Ridon of Kabataan sought to allow the registration of a group, organization or political party as a party-list group only after it has proven to represent the marginalized sector.

The screening would be done via public hearing by the Commission on Elections, the bill said.

The bill amends Section 9 of Republic Act No. 7941 or the Party-List System Act, disqualifying from being a party-list nominee anyone who was elected and served as mayor, vice mayor, governor, vice governor, congressman, senator, vice president and president.

The measure also disqualifies those who are related to incumbent government officials by affinity or consanguinity to the third degree, appointed and served in the Cabinet within five years from the Party-List election they are being nominated for and served as the provincial director of the Philippine National Police or battalion commander of the Armed Forces of the Philippines or any higher position within five years from the Party-list election they are being nominated for.

Those whose income is more than the base pay of a party-list member of the House of Representatives during the party-list election they are being nominated for shall also be ineligible, the bill said.

Colmenares said the Supreme Court, in its ruling on May 9, 2001, consolidated case where it dismissed the petition of the Bagong Bayani, declared that only those who belong to the marginalized and underrepresented shall be allowed in the party-list election.

Colmenares said the poll body reversed the ruling when it allowed nominees to run for the party-list elections as long as he or she is a member of the supposed marginalized and underrepresented group at least ninety days before the party-list elections.

"The number of party-list representatives has come close to 20 percent of the total number of members of the House in the 15th Congress, and the growing concern then was the entry of party-lists and nominees that were not truly representatives of the marginalized and underrepresented but are coming from powerful economic and political interests," he said.

"The impact of the entry of those who do not belong to the marginalized and underrepresented is disastrous because...it practically obliterated the constitutional intent of reserving 20 percent of the seats in Congress for the party-list system by allowing those who form part of the 80 percent to also invade the constitutionally secured seats of the already underrepresented. It also closed off the venue for the expression of the voice and interest of the poor and the already underrepresented," Colmenares added.

He cited that the recent decision of the High Court in the Paglaom v. Comelec, which he said, "completely overturned the novel idea of the Party-list system reserving a portion of Congress for the marginalized and the underrepresented."

"The decision stating that 'party-list groups need not be marginalized to participate in the Party-list System' practically opened wide the floodgates for the rich and the powerful elites to freely participate in the Party-list elections thereby further limiting, or even obliterating, the only space for the poor and the underrepresented sectors to become active participants in legislation and in crafting laws that will benefit their sectors," Colmenares said.

"To save the party-list system, we must fulfill our historic duty of amending the party-list law if only to make sure that the very law's original intent survives," he said.