ANAKPAWIS Rep. Rafael Mariano said the latest Supreme Court guidelines on the partylists runs counter to the partylist law that clearly states that national, regional and sectoral groups may participate in the partylist system, provided that they include marginalized sectors like labor, peasant, fisherfolk, urban poor, indigenous, elderly, handicapped, women, youth, veterans, OFWs and professionals.
The SC decision on partylists essentially makes the partylist system ‘free for all’ and ‘no limits.’ Marginalized sectors are severely disadvantaged by this ruling. “Napakaluwag nang makapasok sa partylist at mahirap nang mag-disqualify ng mga multimilyonaryo at dinastiya,” the solon said. “The SC ruling further expanded the participation. Now even capitalists, employers and landlords can participate in the partylist polls.”
“This ruling is only favourable to major political parties and all scrupulous organizations aiming to take advantage of the partylist system for their own interests.”
“Lalong naging marginalized ang mga tunay na marginalized sectors. Virtually, wala nang partylist system. Magiging ‘free for all’ na ang partylist,” Mariano said.
The Anakpawis solon said the Supreme Court’s ruling stating that “National parties or organizations and regional parties or organizations do not need to organize along sectoral lines and do not need to represent “any marginalized and underrepresented” sector…” destroys the essence and the original intent and purpose of the partylist system that was crafted to ensure that marginalized and underrepresented sectors will have significant and genuine representation in the law making process.”
Mariano said the ruling is preposterous. “The Aquino Supreme Court once again proved its anti-people stance through this debauchery of the partylist system,” Mariano said.
The following are the new guidelines set by the SC:
1. Three different groups may participate in the party-list system: (1) national parties or organizations, (20 regional parties or organizations, and (3) sectoral parties or organizations.
2. National parties or organizations and regional parties or organizations do not need to organize along sectoral lines and do not need to represent “any marginalized and underrepresented” sector.
3. Political parties can participate in party-list elections provided they register under the party-list system and do not field candidate in legislative district elections. A political party, whether major or not, that fields candidates in legislative district election can participate in party-list electons only through its sectoral wing that can separately register under the party-list system. The sectoral wing is by itself an independent party, and is linked to a political party through a coalition.
4. Sectoral parties or organizations may either be “marginalized and underrepresented” or lacking in “well-defined political constitutencies.” It is enough that their principal advocacy pertains to the special interest and concerns of the sector. The sectors that are marginalized and underrepresented” include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, handicapped, veterans, and overseas workers. The sectors that lack well-defined political constituencies include professionals, the elderly, women and the youth.
5. A majority of the members of sectoral parties or organization that represent the “marginalized and underrepresented” must belong to the marginalized and underrepresented sector that they represent. Similarly, most members of sectoral parties or organization that lack “well defined political constituencies” must belong to the sector that they represent. The nominees of either sector must either belong to their respective sectors, or must have a track record of advocacy.
6. National, regional, and sectoral parties or organizations shall not be disqualified if some of their nominees are disqualified, provided that they have at least five other nominees who remain qualified.