REMOVING AN ABUSE LAW

February 15, 2025 Opinion

There is something to be said for Republic Act 7941 or the law that allows for the election of party-list representatives through a party-list system. This is a law that for some provided an opportunity to enter into the halls of Congress as a congressman or congressperson without representing a particular district in a city, municipality or province, but supposedly in representation of marginalized or under-represented sectors, organizations and parties, and lacking clear political constituents but who can allegedly come up with meaningful laws that will benefit the country.

This is the gist of what RA 7941 is talking about when it provided for a party-list system in the country. But in a recent study disclosed by poll watchdog Kontra Daya it would appear that more than half of the party list groups that would like to have a seat in the House of Representatives do not actually represent the marginalized or the under-represented sectors as envisioned by law. Instead one half of these party-list groups appear to be funded and linked with big businesses, the military, the police and political families.

In other words the party-list system has been corrupted by politicians and other groups who seek only to protect their own personal vested interests by using the said law to slither their way in into the hallowed halls of Congress. This is a travesty and a mockery of what democracy stands for in this country. While everybody has the right to vote and be voted upon, assuming they meet the requirements and possess the qualification to run as a candidate and none of the disqualifications, the law on party-lists has succeeded in corrupting that right by its very provisions in allowing power hungry individuals and groups who, having tasted the power of being in public office, to perpetuate that status by becoming a representative of a party-list.

Kontra Daya reported that 86 or 55.13 percent of the 156 party list groups registered with and accredited by COMELEC as eligible to join the party list elections have politicians as backers, are funded by big businesses, and/or having undefined advocacies. In fact there are even reports of a lawmaker in Congress who allegedly “owns” four to five party list groups which will participate in the party list elections. If there is even an iota of truth to this report then it is probably high time that Congress should consider a repeal of RA 7941 for being not only anti-people but also anti-democracy.

If you look at some of the provisions of the said law then you might wonder how the supposedly intelligent lawmakers came up with weird and unnatural situations that would validate the creation of a party list group. For instance, in Section 5 of the RA 7941 – applying the condition of marginalized and under-represented sectors,
organizations and parties – “Any organized group of persons may register as a party, organization or coalition for
purposes of the party-list system, xxx, that the sectors shall include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals”.

Notice that the sectors identified practically include everybody in society that are already represented by those in
Congress both in the lower and upper House. Ironic really that the sectors listed in the said law are the sectors already being championed by congressmen and senators elected at large. If these are not what they represent and which voted them into office in the first place then whom do they represent in society? While democracy allows for expanded representation in government such as that of RA 7941 measures must be put in place to prevent its abuse by opportunistic individuals or groups.  The introduction of amendments can sometimes cure these defects in the law. But as everybody can see the law on the party list system is defective in its entirety and so the only remedy is to have the law removed or repealed because it has become a useless piece of legislation.