No. 46 - September 20, 2000
Limited Time

The Third Regular Session of the 11th Congress has barely 106 session days (18 September to 7 June 2001) to act on certified measures including the bills proposing to eradicate racketeers and professional syndicates; expand the conduit network of Agri-Agra Credit; amend the Tariff and Customs Code; and to empower the local government units for the maintenance of peace and order. Below is the legislative calendar of the current regular session:

Activity
From...
To...
Session 24 July 2000 31 August 2000
Adjourned 1 September 2000 17 September 2000
Session 18 September 2000 26 October 2000
Adjourned 27 October 2000 12 November 2000
Session 13 November 2000 21 December 2000
Adjourned 22 December 2000 14 January 2001
Session 15 January 2001 8 February 2001
Adjourned 9 February 2001 3 June 2001
Session 4 June 2001 7 June 2001
Adjourned 8 June 2001 22 July 2001

Elections Around the Corner
Important but not yet urgent, electoral bills are now waiting at the sidelines. With less than a year before the national and local elections, several key election-related bills are already pending in the chambers. There are bills pushing for measures for more efficient electoral processes, but one of the most controversial is the total lifting of the ban on political propaganda.

As we move closer to May 2001, expect Congress to spend more and more time deliberating on election related measures and give less priority on economic ones.

Lifting the Ad Ban
The 1998 national elections saw the implementation of the political advertising ban. But even with the ban, advertisements featuring some political candidates were able to pass as public service pitches on television, radio, and in print.

Congress now seems intent on passing into law the lifting of the political ad ban, and allow the printing and broadcasting of campaign materials, including the sizes and specifications in both versions (SB 1742 and HB 9000). In the House, one of the major amendments to the bill is the lifting of the ad ban for both national and local elective officials.

Senator Franklin Drilon guarantees that there will be no delays in passing SB 1742. Both versions seem to be moving pretty fast in both chambers, with the House version already approved on third reading, and the Senate version currently pending second reading.

COMELEC wants to amend Automation Law
In preparation for the May 2001 elections, amendments to RA 8436 (Authorizing the Commission on Elections to use an automated election system in the May 11, 1998 national or local elections and in subsequent national and local electoral exercises) made it to the priority list of the Estrada administration. SB 1631 and HB 6261 not only hope to speed up ballot counting but more importantly to lessen the incidence of cheating which is easier to commit using the manual system of canvassing.

Both versions, however, admit the tedious task of implementing the automated election system nationwide. Therefore, the bills allow partial implementation in key cities and provinces as may be determined by the COMELEC. Both bills, which propose several amendments pertaining to other election rules, are still pending in committee.

Public Office and Political Ambition
With the hope of "maintaining the sanctity of public office as a public trust," Rep. Jose Mari C. Gonzalez (San Juan) filed HB 9038 on 13 January prohibiting appointed public officials from running for an elective office in the succeeding local or national election immediately preceding his appointment. The bill is still pending in the committee.

It has been observed in the past how appointed officials have made their respective positions their stepping stones to public office. HB 9038 aims to bring back sincerity and dedication to the appointed public office, and will stop whatever unnecessary expenditure a public office may incur to make its head's political ambition a reality.

Second Best
Also pending in the committee is HB 7133, an act declaring the candidate with the second highest number of votes for a position the winner, if the candidate with the highest number of votes is disqualified to run for the said position. This amends Section 253 of the Omnibus Election Code.

The bill was filed by Rep. Alfredo E. Abueg, Jr. (Palawan-2nd district) to "serve as deterrent to politicians who despite previous rulings disqualifying them repeatedly run and win elections only to be qualified again subsequently by the Supreme Court." HB 7133 was filed with the belief that opponents who obtain the second highest number of votes and who are eligible has the better right to the elective office than any other successor the law may designate.

Absentee Voting
The Absentee Voting Act (SB 1746/HB 10720) gives qualified Filipinos abroad a chance to elect government officials into office. For as long as he is at least 18 years of age, and has not renounced his citizenship or is disqualified by law, he is given the right to vote in all national elections.

Applications to vote may be filed with the COMELEC or with the diplomatic or consular offices within 180 days before the election under SB 1746, and 150 days under HB 10720. Both houses will have to agree upon this provision, among others, when the bill finally reaches the bicameral conference meetings. But while the bill provides a venue for Filipinos overseas to vote and make their choice count, the application process being provided for by both versions will have to be backed up by strategic guidelines in order to avoid double registration and other fraudulent election activities.

Both versions are currently pending second reading.

Party-List System
The Party-List System Act (RA 7941) was enacted for sectoral representation to be possible in the legislative branch of government. But while 52 seats were reserved for the party-list representatives in the May 1998 elections, only 13 seats were initially filled-up, thus failing to make sufficient sectoral representation in the House. This was due to the confusion on the principle and mechanisms for proportional representation.

SB 2020 and HB 9965, while both seeking to amend the law, have different concerns. The Senate version seeks to delete the two-percent vote requirement to seat a party-list representative, and instead proclaim as winners the first 50 nominees who receive the highest number of votes. This way, minority sectors will not be deprived of representation in the House.

HB 9965, however, just asks for the implementation of the spirit of the law, which some congressmen claim as very different from the COMELEC implementation. COMELEC entitled each party/sector one seat for every two percent it has garnered of the total votes cast for the party-list system, such that three seats will correspond to six percent accumulated votes. The law provides that a qualifying minimum vote of two percent is required only for the ranking and entitlement of the seats.

The House version also seeks to ban the first five political parties on the basis of party representation in the House in the immediately preceding elections from participating in the party-list elections, as well as the disqualification of business organizations from registering as a party-list organization party or sector. Both versions are pending on second reading.

Quintos replaces Villarosa
Ricardo V. Quintos was officially installed as the rightful representative of Mindoro Occidental last 29 August after two years of waiting. The House Electoral Tribunal and the Supreme Court declared that he was duly elected as of 30 June 1998. He replaced former Rep. Amelita Villarosa who occupied the position while the decision was pending

 

 
 

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