Speaking at a legal forum last Friday at the B1 Auditorium of Ateneo Professional Schools, Rockwell Center, Makati City, Panganiban shed light on the intricacies and innate difficulties that come with the local party-list system, notably in determining the number of seats that a winning party-list gains in Congress as well as in “screening” its nominees.

“I say ‘Philippine-style’ because our party-list system is different. It’s new, unique, and unlike anything elsewhere in the world,” Panganiban told the crowd of 500 people who gathered at the auditorium composed of magistrates, lawyers, students, and media.

He said that the party-list system is a more common element of a parliamentary style of government, not a presidential style of government like what the Philippines has.

Anchored on a provision in the 1987 Constitution, the Filipino style party-list system, according to Panganiban, was conceived with a noble purpose: “To democratize politics and governance by opening up the legislature to increase participation by the marginalized sectors of society.”

But the retired Chief Justice reckoned that recent decisions of the Supreme Court (SC) and Commission and Elections (Comelec) have given ground for serious concern that the party-list system is being misused and abused “to serve the interests of a select few.”

Inconsistent standard
For one thing, he noted that Comelec has applied inconsistent standards in accrediting party-list candidates and their nominees this year, which saw the holding of the first-ever automated elections.

Panganiban said that last April, the SC overturned Comelec’s “flimsy” decision disqualifying the third sex-centered party-list, Ang Ladlad.

“But then, the Comelec insisted on disqualifying the Disabled Pinoy Party, while allowing Rep. Mikey Arroyo to be the first nominee of a party-list of security guards, and former Energy Secretary Angelo Reyes to represent a party-list of bus and jeepney drivers.”

He also frowned on the fact that the 1987 Constitution was not very clear on the mathematical computations used to determine the winning party-list candidates and also the number of congressional seats they earn. “This has to be clarified by Congress,” he said.

The complex mathematical details of the local party-list law must be ironed out soon, Panganiban said. “It has to be done before the next elections in 2013. Drafting it (law) takes time.”

Panganiban likewise called on the public to keep its eyes peeled, on the lookout for those who would seek to abuse the flawed Philippine style party-list system.

“The clarion call of the hour is for the ceaseless public vigilance and amendatory legislation to effectively deter and fight off such attempts to manipulate the party-list system. We can only hope that such remedial legislation will be initiated soonest by the legitimate party-listers – the very ones who, in all likelihood, will first be ousted from Congress should the party-list system succumb to wholesale manipulation and abuse,” Panganiban stressed.

Ellson Quismorio, Manila Bulletin