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A Law Bastardized: R.A. 7941 (2nd Update)

March 26, 2010

935 – This is the number of supposed members of marginalized sectors of Philippine society who are nominees of the 187 party-list groups allowed by the COMELEC to be on the ballot in the May 10 election.

WTF??

Do you realize that if each of these party-list groups get at least 2-ercent of the votes cast for qualified party they are entitled to one seat in the House of Representatives?

See here how Paragraph 5 of Section 11 of R.A. 7941 clashes directly with Paragraph 1.

Sec. 11. Number of Party-List Representatives. – The party-list representatives shall constitute twenty percentum (20%) of the total number of the members of the House of Representatives including those under the party-list.

For purposes of the May 1998 elections, the first five (5) major political parties on the basis of party representation in the House of  Representatives at the start of the Tenth Congress of the Philippines shall not be entitled to participate in the party-list system.

In determining the allocation of seats for the second vote, the following procedure shall be observed:

The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of votes garnered during the elections.

The parties, organizations, and coalitions receiving at least two percent (2%) of the total votes cast for the party-list system shall be entitled to one seat each:  provided, that those garnering more than two percent (2%) of the votes shall be entitled to additional seats in proportion to their total number of votes: provided, finally, that each party, organization, or coalition shall be entitled to not more than three (3) seats.

There is the equally outdated reality that when the lawwas enacted in 1998 it listed the following as ‘marginalized’ sectors qualified to have pasrty-lists: ‘labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals.”

A cursory review of this list reveals that the inclusion of the sector of ‘professionals’ as being too broad a classification.
Simply put, skilled and highly educated individuals like doctors, architects and even lawyers are entitled to have party-lists, too?

http://www.chanrobles.com/republicactno7941.htm#REPUBLIC%20ACT%20NO.%207941

The Commission of Elections is given wide latitude by the law to pass upon the qualifications of party-list groups.

But it is all too apparent that the poll body has not properly done its homework to judiciously evaluate party-lists.

Remember how the poll body tried to disqualify the Ladlad on the biased and absurd premise that it’s members are immoral and that gays were already represented in Congress.”

The Kabataan Party-List claims there are as many as 38 Malacanang-fundedparty-lists.

It is no wonder that presidential son Mikey Arroyo is seeking a different congressional seat as nominee of security guards while exiting Energy

Secretary Angelo Reyes is a nominee of a group of public transport drivers and operators!

Remember the police generals involved in the celebrated misuse of PNP intelligence fund converted into Euros for their trip to Russia?

Yes, they’re also running as party-list nominees.

Further eye-opening information is here:

http://natoreyes.wordpress.com/2010/03/24/initial-study-of-partylist-nominees-submitted-to-comelec-as-of-march-22-2010/

http://www.bulatlat.com/main/2010/03/25/blame-comelec-not-absence-of-laws-for-the-partylist-mess%E2%80%93-bayan/

In a belated move to clean up its act, the COMELEC issued a resolution yesterday mandating that Party-list nominees should “belong” to the marginalized sector they seek to represent.

The poll body says it’s making sure that “political opportunists and proxies” are not able to exploit the party-list system.

A nominee is “one who belongs to the marginalized and underrepresented sector/s, the sectoral party, organization, political party or coalition he seeks to represent and must prove that they have “active participation” in the advancement of their party-list group’s causes.

Well and good.

But there’s a fine, fine print.

Even if certain groups are disqualified at this late date, their party-lists are already in the printed ballots and are entitled to be on the ballot until their disqualification becomes final and executory after the due process entitling them to seek the reversal of the COMELEC action all the way to the Supreme Court.

So there.

Be ready to address Angelo Reyes as congressman, along with the controversial Euro-generals and Mikey Arroyo as ‘recyled’ legislator.

Postscript

Not surprising Filipinos are expressing their disgust over these machinations by visualizing the presidential son as a security guard:

Editorial graphics by Carlo Barrameda

1st Update:

Three months since this post, the COMELEC is proclaim both Mikey Arror  o and Angelo Reyes as party-list consressmen as their pesudo marginalised groups gpt the required minimum percentage of votes cast in for party-lists.

W@ith his mother and his boss, repective having earned a congressional seat tere will actually four Arroyos in the 15 Congress.

That’s democracy for you!!!???

http://www.ispoops.com/

UPDATE

It has indeed come to pass that both Angelo Reyes and Mikey Arroyo have entered the 15th Congress through the back door.

Reyes is contesting his removal as nominee of 1UTAK while Mikey IS ACTUALLY STRUTTING AROUND the session hall!

COMELEC’s inutile character woefully in play. WTF.

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