Dela Rosa bill seeks ban on party-lists linked with rebels, terrorists
MANILA, Philippines (Updated 2:36 p.m.) — Sen. Ronald dela Rosa wants to prohibit party-lists “associated by any means” with rebels or persons formally tagged by the government as terrorists from participating in elections by expanding the grounds for the refusal or cancellation of registration of these civilian political groups with the Commission on Elections.
Under Senate Bill No. 201, Dela Rosa is also proposing that any party-list “directly or indirectly participat[ing] in acts detrimental to the best interest of the government, to overthrow the government or diminish its powers” be disqualified from running.
He also wants party-lists that “seek the participation of children, youth and members of other disadvantaged sectors in committing violent and unlawful acts” be banned from participating in the polls.
In explaining his measure, Dela Rosa recognized that the party-list system was created to “provide a wide range of representation,” but also said that this has become “distorted.”
“Instead of serving its constitutional goal in providing effective and representative governance for the greater welfare of our people, it has become a toll for abuse and exploitation,” he said.
He continued, “Thus, there have been party-list groups which have successfully entered the halls of the House of Representatives which perpetuate radical and oppressive principles in their platform of governance.”
Rampant red-tagging
No party-list is directly mentioned in Dela Rosa’s bill or explanatory note, but he has previously sponsored in the 18th Congress a committee report which tagged progressive party-lists under the Makabayan bloc as supposed fronts of the communist insurgency — an allegation which the group has had repeatedly faced and denied.
“There are party-list groups which advocate communist ideologies,” said Committee Report No. 10, which was signed by 17 senators including Dela Rosa. “They espouse principles that give semblance to democratic values and doctrines, but with the real ultimate goal of overthrowing the government.”
Communism has long been legal in the Philippines following the repeal of the Cold War-era anti-subversion law in 1992.
"Obviously, Senator Dela Rosa is trying to target the Makabayan bloc with his bill as it includes the NTF-ELCAC's script of baseless red-tagging against the progressive party-lists," said Rep. France Castro (ACT Teachers party-list) of the progressive group, adding that the proposal could affect "all genuine marginalized sectors."
"Makabayan leads in pushing for wage hikes for workers in the public and private sectors, in calling for lowering prices of goods and social services, and we also truly scrutinize projects and programs of government against corruption and other anomalies," she said in Filipino. "There is no truth to the accusations of rabid red-taggers from the time of the Duterte administration up to the present."
“We must fulfill our historic duty of amending the party-list law to make sure that the very law’s original intent, and that of the Constitution, survives,” said Reps. Castro, Arlene Brosas (Gabriela party-list) and Raoul Manuel (Kabataan party-list) in their proposal’s explanatory note.
The Makabayan coalition, and more broadly the leftist movement in the Philippines, has had to contend with rampant red-tagging spearheaded by officials of the administration of President Rodrigo Duterte.
For Makabayan, this came in the form of disqualification cases before the Comelec, while for some activists, this manifested in the form of tarpaulins and flyers accusing them of membership in the communist rebellion and ultimately ended in them getting killed.
President Ferdinand Marcos Jr. has not indicated whether he will pursue a similar policy, but his officials in charge of this are so far singing different tunes with National Security Adviser Clarita Carlos shunning red-tagging while acting defense chief, retired Gen. Jose Faustino Jr., indicated more of a continuation of the Duterte-era practice.
Original intent
The party-list system has long been criticized for not serving its intended purpose of representing marginalized sectors and instead becoming vehicles for the rich and powerful to remain in power.
The three-member Makabayan bloc in the House has filed a bill seeking to make sure that the original intent of the party-list system is followed.
Under House Bill No. 211, no party-list can be registered unless it proves in an evidentiary public hearing that it truly represents marginalized and underrepresented sectors and that its nominees belong to these.
It also seeks to ensure that people occupying appointive or elective posts resign first before they become party-list nominees.
Their proposal also seeks to ban the following from becoming party-list representatives:
- Previous and incumbent vice mayors, mayors, vice governors, governors, district representatives, senators, vice presidents and presidents
- Those related to the aforementioned incumbent officials by affinity or consanguinity to the third degree
- Those appointed and served office from the position of bureau chief up to any position in the Cabinet within five years before the party-list election they are nominated for
- Those who 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 before the party-list election they are nominated for
- Those whose income is more than the base pay of a party-list member of the House of Representatives in the Congress during the party-list election they are nominated for
“We must fulfill our historic duty of amending the party-list law to make sure that the very law’s original intent, and that of the Constitution, survives,” said Reps. France Castro (ACT Teachers party-list), Arlene Brosas (Gabriela party-list) and Raoul Manuel (Kabataan party-list) in their proposal’s explanatory note.
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