List System Rep. France L. Castro ACT Teachers Party-List Representative Deputy Minority Leader, 19th Congress Opportunities • The existence of the party-list system by constitutional fiat and legal mandate is in itself ONE HUGE OPPORTUNITY for the marginalized and the underrepresented to be directly and truly represented in government and to be legislators themselves. • Kaya bulto ng mga batas, polisiya, at institusyon ng bansa ay tagibang kontra sa maralita at inaaping mga sektor ay dahil hindi sila ang nagsusulat at hindi sila ang pinanggagalingan ng mga ito. • Orihinal na layunin ng Sistemang Party-List: para sa MARGINALIZED AT UNDERREPRESENTED “The party-list system is a social justice tool designed not only to give more law to the great masses of our people who have less in life, but also to enable them to become veritable lawmakers themselves, empowered to participate directly in the enactment of laws designed to benefit them. It intends to make the marginalized and the underrepresented not merely passive recipients of the State's benevolence, but active participants in the mainstream of representative democracy. Thus, allowing all individuals and groups, including those which now dominate district elections, to have the same opportunity to participate in party-list elections would desecrate this lofty objective and mongrelize the social justice mechanism into an atrocious veneer for traditional politics.” - Justice Panganiban in Bayan Muna vs. COMELEC (June 26, 2001) Opportunities • The Party-List System was effective in the introduction of laws and policies that benefit sectors such as workers, farmers and fisherfolk, the urban poor, women, children, students, and the LGBTQ+, to name a few. • Some examples: • Ending endo in the education sector through the insertion of a Special Provision in the DepEd, since the 2012 GAA, that mandates the prioritization of contractual and volunteer teachers in the hiring and filling up of vacant plantilla items • Issuance by the PSLMC of rules in 2011 that finally allowed the unionism of public school teachers • Passage of the Free Higher Education Act • Women-centered legislation such as the Magna Carta of Women and the Reproductive Health Act Opportunities • Also, the Party-List System was, and continues to be effective in bringing into the national spotlight the issues which should have long been addressed by government. • Some examples: • Salary and wage increases for workers and employees in the public and private sectors • Job generation; job security • Progressive system of taxation • Genuine land, agrarian reform • Greater budgetary priority for basic social services such as health, education, and housing • Defense of human rights • Territorial and economic sovereignty • Good governance; anti-corruption Opportunities • Kaya hindi dapat hayaang palabnawin o tuluyang mawala ang party- list system! • Continued dilution by opening it up entirely to traditional politics and politicians, and completely edging out genuine party-lists for the marginalized and underrepresented • Removal or abolition of the PL System by chacha The main challenge in the Party-List System • Jurisprudence has fully admitted to the PL System even the rich, political dynasties, and traditional politicians. • As result, the poor, powerless, marginalized, and underrepresented are now elbowed out from the little space in Congress reserved for them by the Constitution. • Malaking pag-atras ito mula sa mga naunang desisyon ng Korte Suprema na nag-interpret ng mga probisyon ng Saligang Batas ukol sa party-list system. Other challenges • Red tagging, fake news, black propaganda, dirty tactics employed against genuine party-lists for the marginalized and underrepresented. • This includes illegal campaigning conducted by members of the military and police, and agents of government like NTF ELCAC. • The threats that COMELEC rules and regulations may be used against genuine party-lists. • While this may be technically not illegal, this makes the lives of genuine PLs for the marginalized and underrepresented harder as compared to PL candidates fielded by national and regional organizations (especially major parties). Our calls • Reform the Party-List System, including reserving it for the marginalized and underrepresented • No to the Party-List System being used as backdoor or cheaper road of the wealthy and the trapo into Congress • No to ChaCha, including political amendments and amendments in other provisions like those providing for the Party-List System • Yes to genuine Party-Lists for the marginalized and underrepresented, and to public officials who will serve the people, not themselves, their dynasties, and business and economic interests Maraming salamat po!