tag:blogger.com,1999:blog-14974164.post9080815982001075032..comments2023-10-20T21:46:49.945+08:00Comments on Philippine Commentary: Proportionality--A Critique of the Panganiban Formula for the Party List SystemDeany Bocobohttp://www.blogger.com/profile/01443168826029321831noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-14974164.post-65282645508400452712007-07-27T12:57:00.000+08:002007-07-27T12:57:00.000+08:00DJB, there is a basic flaw in the enabling Act--R....DJB, there is a basic flaw in the enabling Act--R.A. 7941, “Party-List Systems Act.”<BR/><BR/>The constitutional provision you cited, Art. VI, Sec. 5(1), provides that the second group of Members of the House of Representatives “shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.”<BR/><BR/>The Constitution, therefore, enumerates THREE different categories of registered parties and organizations qualified to be “elected through a party-list system”: (1) national; (2) regional; and (3)sectoral. <BR/><BR/>Sec. 3 (d) of --defines a “regional party” as a political party whose “constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region”; and Sec. 5 identifies the different sectors : “labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.”<BR/><BR/>However, Sec. 12 of the Act, “Procedure in Allocating Seats for Party-List Representatives,” disregards altogether and clearly discriminates against REGIONAL parties and organizations, by providing that:<BR/><BR/>“The COMELEC shall tally all the votes for the parties, organizations, or coalitions on a nationwide basis, rank them according to the number of votes received and allocate party-list representatives proportionately according to the percentage of votes obtained by each party, organization, or coalition as against the total nationwide votes cast for the party-list system.”<BR/><BR/>So, how can the regional parties and organizations the Constitution (and the Act for that matter) recognizes as one of the three components of the party-list system--whose constituency as defined in the Act is spread only over a limited geographical territory of a REGION--“compete for and win seats in the legislature,” if party-list votes under Sec. 12 of the Act are to be tallied, ranked and allocated “on a nationwide basis” similar to that for Senators chosen at large?<BR/><BR/>In short, is the system instituted under Sec. 12, R.A. 7941 that directs party-list votes to be tallied, ranked and allocated “nationwide”--rather than regionwide--which leaves regional parties and organizations unfairly disadvantaged, tantamount to virtually denying their access to representation they rightly deserve, constitutional?<BR/><BR/>The current approach unduly deprives the marginalized in regions the right to fair representation that otherwise would have been available to them under a different, more equitable apportionment scheme.<BR/><BR/>The Act, for instance, could have provided an allocation of, say, three seats per region. As it is now, the prevailing system creates a new breed of powerful, “OVER”-represented “marginalized TRAPOS” (with a maximum of 3 seats and the pork to boot) within the second group of House members, in the same way that the “original TRAPOS” in the first group of congressional district representatives have through the years unfairly, unjustly lorded over and bullied the truly marginalized sectors.<BR/><BR/>Thus, aside from the absurdities confronting the 20% allocation, the 2% threshold, the 3-seat limit, and the proportional representation, it is obvious that the prevailing “nationwide” seat allocation system now being implemented pursuant to RA 7941 clearly defeats the laudable purpose the Act proclaims: “the broadest possible representation.”<BR/><BR/>For it would unarguably be extremely difficult, if not impossible, for marginalized parties and organizations in any of the 13 regions to gain even one seat in the House of Representatives.domingoaronghttps://www.blogger.com/profile/00996543136309944114noreply@blogger.comtag:blogger.com,1999:blog-14974164.post-25622638214877481242007-07-27T01:37:00.000+08:002007-07-27T01:37:00.000+08:00Oops. Please read, here, for information regarding...Oops. Please read, <A HREF="http://www.tingog.com/government/cenpeg-comelecs-panganiban-doctrine-breaches-proportional-representation.html" REL="nofollow">here</A>, for information regarding the bill.<BR/><BR/>I'm not sure what other avenue there is with regards to sorting out this mess.Nicholas Kisterhttps://www.blogger.com/profile/16841848924045666372noreply@blogger.comtag:blogger.com,1999:blog-14974164.post-31794033289442332712007-07-27T01:34:00.000+08:002007-07-27T01:34:00.000+08:00DJB, thank you for obliging with the calculations....DJB, thank you for obliging with the calculations. It looks to me, under the current constraints, that your algorithm makes much more sense than that of Panganiban.<BR/><BR/>But clearly R.A 7941 has an inherent flaw, while at the very beginning it deems to give 20% of the seats to Party lists, it then sets out to refute itself, and set out constraints that will and have made it possible to give The Party Lists less than the alloted 20%.<BR/><BR/>And clearly, while the framers of the constitution and even R.A 7941 probably wanted 20% allocation for the Party Lists, it fell short, in understanding how to implement it.<BR/><BR/>Thus we have lawmakers acting like mathematicians.<BR/><BR/>Felix Muga's proposal, is just that, a proposal, and is not meant to conform with the present status, but hopefully will set in motion a bill to be filed by Congress in amending R.A 7941.<BR/><BR/>As per my information, a Bill of such sort was filed in the 13th Congress, read here, and because of the laziness of the 13th congress, it was not passed, but will need to be refiled in the 14th Congress.<BR/><BR/>It is my point to make clear, that 20% of the party lists may seem much, but it was basically what the framers of the constitution had in mind. Whilst we have an almost permanent number of Senators, Governors, and Congressmen, it seems to me a valid question to ask as to why we can't have a permanent number of Party List Representatives.Nicholas Kisterhttps://www.blogger.com/profile/16841848924045666372noreply@blogger.comtag:blogger.com,1999:blog-14974164.post-16633566355415254872007-07-26T17:49:00.000+08:002007-07-26T17:49:00.000+08:00Ooops, correction Nick. There appear to be only 17...Ooops, correction Nick. There appear to be only 17 party list groups that met the 2 percent threshold. That means under my algorithm, the Top 11 will get TWO SEATS, while the bottom 6 get only one seat. But no one gets 3 seats.Deany Bocobohttps://www.blogger.com/profile/01443168826029321831noreply@blogger.comtag:blogger.com,1999:blog-14974164.post-79698017088934548432007-07-26T17:36:00.001+08:002007-07-26T17:36:00.001+08:00Hi Nick,Comelec's results for the party list in 20...Hi Nick,<BR/>Comelec's results for the party list in 2007 elections are found <BR/><A HREF="http://www.comelec.gov.ph/2007elections/results/national/partylist_rep29.html" REL="nofollow">here</A><BR/>In which we find that the turnout for the party list was 15 million plus votes out of 29 million or the equivalent under my algorithm of 26 seats for the party list.<BR/><BR/>And it looks like there are 23 party lists that met the 2% threshold. That means they all get one seat, except for the Top 3 ranking party lists, who each get 2 seats. No one gets 3 seats.Deany Bocobohttps://www.blogger.com/profile/01443168826029321831noreply@blogger.comtag:blogger.com,1999:blog-14974164.post-89127762429887293012007-07-26T17:36:00.000+08:002007-07-26T17:36:00.000+08:00Hi Nick,Comelec's results for the party list in 20...Hi Nick,<BR/>Comelec's results for the party list in 2007 elections are found <BR/><A HREF="http://www.comelec.gov.ph/2007elections/results/national/partylist_rep29.html" REL="nofollow">here</A><BR/>In which we find that the turnout for the party list was 15 million plus votes out of 29 million or the equivalent under my algorithm of 26 seats for the party list.<BR/><BR/>And it looks like there are 23 party lists that met the 2% threshold. That means they all get one seat, except for the Top 3 ranking party lists, who each get 2 seats. No one gets 3 seats.Deany Bocobohttps://www.blogger.com/profile/01443168826029321831noreply@blogger.comtag:blogger.com,1999:blog-14974164.post-85583494606605320972007-07-26T16:21:00.000+08:002007-07-26T16:21:00.000+08:00When I said calculate the party list results for t...When I said calculate the party list results for the 2007 election, I meant to use your algorithm...Nicholas Kisterhttps://www.blogger.com/profile/16841848924045666372noreply@blogger.comtag:blogger.com,1999:blog-14974164.post-80831563815055415572007-07-26T15:14:00.000+08:002007-07-26T15:14:00.000+08:00If you aren't aware of Felix's work. Please visit...If you aren't aware of Felix's work. Please visit CenPeg for Felix Muga's work, or you can visit Tingog.com (my blog) and search for Felix Muga which should give you the articles that I have written on the subject..Nicholas Kisterhttps://www.blogger.com/profile/16841848924045666372noreply@blogger.comtag:blogger.com,1999:blog-14974164.post-14478053624468390542007-07-26T15:12:00.000+08:002007-07-26T15:12:00.000+08:00DJB, I've been trying to follow the Party list thi...DJB, I've been trying to follow the Party list this election, I've tended to agree with Felix Muga's work.<BR/><BR/>If you have time, however, please try to calculate the 2007 Party List results, so that I can compare your results with that of Felix Muga's work..<BR/><BR/>Clearly The Panganiban Formula should never even have existed, I know Panganiban is a bright guy, but I would have hoped he could have at least consulted with a Mathematician as well as the Constitution when he made his formula.Nicholas Kisterhttps://www.blogger.com/profile/16841848924045666372noreply@blogger.com