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Party-list system: the Philippine experience
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About Us Core Themes Activities Publications Online Materials Party-List System: The Philippine Experience by Fritzie Palma Tangkia * and Ma. Araceli Basco Habaradas ** Published by Ateneo School of Government and Friedrich Ebert Stiftung(FES), Philippine Office April 2001 "I think that it is now the time to return the power to the people; let us have faith in them. And by faith, I mean real and abiding faith, not just looking at the people as some kind of a mystical entity in whose name the eternal political in some of us have done themselves proud. In other words, let the Filipinos chart their own histories." - Commissioner Felicitas S. Aquino 1986 Constitutional Commission FES Dialogue on Globalization FES International Policy Analysis Unit FES Journal ­International Politics and Society I. Introduction The intent is clear. The party-list system, an innovative mechanism enshrined in the 1987 Constitution, aims to assure the various sectors of the Philippine society, particularly the disadvantaged groups, of representation in the highest lawmaking body of the Republic. 1 This is the essence of a representative government. It cannot be gainsaid that the party-list system embodies the promise of further democratization by giving an opportunity to various sectors, especially the marginalized ones, to have their voices heard. 2 However, despite the fact that a new avenue for political change is at hand, this innovation in our democratic process was met by grassroots organizations with a mixture of skepticism and excitement. 3 While the party-list system is constitutionally-enshrined, Congress was vested with the broad power to define and prescribe the mechanics of this system of representation. 4 In compliance with this constitutional duty, Congress enacted Republic Act No. 7941, otherwise known as the" The Party-List System Act". 5 Unfortunately, what should have been a better-defined embodiment of the party-list system appeared to be the further source of controversies and ambiguities which necessitated judicial adjudication and interpretation. This paper, by way of review of related literature, presents the intentions, as well as the apprehensions of those who drafted the legal framework of the party-list system, the difficulties met by the party-list contenders, and the legal issues that arose from the 1998 experience. With these, it is hoped that changes in the law and in the attitude of the electorate that will transform a well-intended mechanism into something that will truly work for the Filipino people, shall be realized sooner than expected. II. Concept, Intent And Expectations A. The Party-List System