CenPeg: COMELEC’s Panganiban Doctrine Breaches Proportional Representation
When The Comelec announced that it would be diverting from it’s normal 2-4-6 formula and use the Panganiban Formula which the Supreme Court has instructed, we had to take notice. First of all, it was lost upon myself, that the 20% allocation that the 1987 Constitution mandates for Party lists has not occurred. In fact, it has never occurred.
We came out with the post, Change The Panganiban Formula and the 2-4-6 Method, and later Satur Ocampo would react to the ruling.
Partisan politics aside, if we wish to uphold the Constitution, then 20% of the seats in The House of Representatives must be accounted for. In order for that to happen, the resulting 20 seats that will be garnered using the Panganiban Formula must be increased to around 55 seats instead.
Thanks to Professor Felix Muga II for obliging us with his expertise in this situation. It is by his suggestion that the Stakeholder-based Allocation Method be used, in this situation a true 20% allocation of The Party Lists will be the result.
Center For People Empowerment In Governance (CenPEG)
Professor Muga also pointed us in the direction of CenPEG which has released its seventh report for the “Election Forensics 2007″ series. This news release provides for us a great overview of what has transpired this past week with regards to the party list allocation, the court decision that has lead up to this point, as well as to the inadequacies of the Panganiban Formula.
You can download the Pdf version below:
CenPEG Election Forensics 2007 News Release 07
As I wrote, a few days ago, using the Stakeholder-based Allocation method proposed by Professor Muga II will produce the proper allocation of party lists as mandated by the 1987 Constitution.
Consequently, in that very article, it is mentioned that a bill was proposed and was set for approval in the 13th Congress, and was directed at specifically amending the Party-List System Act of the Philippines (Republic Act 7941) so as to implement the Stakeholder-based Allocation Method.
As was clarified to me by Professor Muga, the number is actually HB05876. HB05876 is the mother bill of HB00341, HB00409, HB02451, HB02734, HB03302, HB03474 filed by the following representatives:
MARCOS, IMEE R.
DATE FILED ON 2006-10-11
CO-AUTHORS:
BARINAGA, ROSELLER L.
VALDEZ, EDGAR L.
ERNESTO “ERNIE” C. PABLO
MADAMBA, SUNNY ROSE A.
OCAMPO, SATUR
TEODORO A. CASINO
VIRADOR, JOEL G.
BELTRAN, CRISPIN
MARIANO, RAFAEL V.
MAZA, LIZA
ROSALES, ETTA
MARIO “MAYONG” JOYO AGUJA
ANA THERESIA “RISA” HONTIVEROS-BARAQUEL
CUA, GUILLERMO P.
RENATO “KA RENE” B. MAGTUBO
CHAVEZ, LEONILA V.
MARCOLETA, RODANTE D.
The status of the bill is given below:
REFERRAL ON 2006-10-12 TO THE COMMITTEE ON RULES
SIGNIFICANCE: NATIONAL
SUBJECT:POLITICAL PARTIES
DATE READ: 2006-10-12
COMMITTEE REPORT NO. 02023 submitted on 2006-10-11
SUBMITTED BY: SUFFRAGE AND ELECTORAL REFORMS
RECOMMENDATIONS: approval
SUBSTITUTED BILLS: HB00341, HB00409, HB02451, HB02734, HB03302, HB03474
DATE INCLUDED IN OB: 2006-10-12
DATE CALENDARED : 2006-11-27
This means that it will be refiled in the 14th congress.
And we know just how many important bills that will have to be refiled in the 14th Congress because of the inadequacies of the 13th Congress.
This is still a continuing matter however, since the decision by the Supreme Court that resulted in the Panganiban Formula is now the law of the land, as far as The Comelec and The Supreme Court is concerned.
From my understanding of what Professor Muga has informed me, there is also the possibility of petitioning the Supreme Court with regards to this matter, and having them junk their previous decision of enforcing the Panganiban Formula, and having them instead enforce an allocation method, such as the Stakeholder-based Allocation Method, which more closely follows a proportional representation.
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I’m glad some people are really taking the questions seriously concerning the party lists’ seating arrangements…
Very confusing.
Have started to really take notice of the party lists eversince I met with a couple of members of the House Party list as well as when my brother’s party list got engaged in process during the last election.
@MBW, It seems to me a very important matter, because it is our representation here at stake. It seems to also be clear that the framers of the constitution wanted 20% of the seats to go to Party Lists.
But constraints with the subsequesnt RA 7941 gave way to flaws because these lawmakers failed to realize how to properly implement the seat allocation.
And Panganiban further misinterpreted the whole thing, and made the problem even worse.
A Bill will probably be introduced in The 14th Congress, to amend 7941. If our constitution dictates 20%, I believe then that the current RA 7941 as well as the current Supreme Court ruling in favor of the Panganiban Forumula has violated the constitution.
As of the moment, the party lists will only get half of the seats it is entitled to.
Hopefully your brother will help with this fiasco..