Philippine Politics and Governance (Second Grading) PDF

MODULE 10: ELECTIONS AND POLITICAL PARTIES **Elections** - A device for filling a government office through choices made by the electorate, a designate body of qualified people. - Ideally, it serves as a 'major source of political recruitment, a means of making government, and of tran...

MODULE 10: ELECTIONS AND POLITICAL PARTIES **Elections** - A device for filling a government office through choices made by the electorate, a designate body of qualified people. - Ideally, it serves as a 'major source of political recruitment, a means of making government, and of transferring government power, a guarantee of representation, and a major determinant of government policy'. (Heywood, 2000). **TYPES OF ELECTION** 1. **General Election** - It held for the purpose of electing national and local officials simultaneously. 2. **National Elections** - It is conducted to elect the President, Vice-President, and members of congress. 3. **Local Elections** - It held for purpose of selecting officials in the Region, provinces, cities, and municipalities. 4. **Special Elections** - It held on a date different from that of regular election. **Article V- Section 1: Suffrage** **Suffrage** - It is the right and obligation to vote of qualified citizens in the election of certain national and local officers of the government and in the decision of public questions submitted to the people. **NATURE OF SUFFRAGE** a. **A mere privilege** - Suffrage is not a natural right of the citizens but merely a privilege to be given or withheld by the law-making power subject to constitutional limitations. b. **A political right** - Suffrage enables every citizen to participate in the process of government to assure that it can truly be said to derive its powers from the consent of the governed. **SCOPE OF SUFFRAGE** 1. **Election** - It is the means by which the people choose their officials for definite and fixed periods and to whom they entrust, for the time being as their representatives, the exercise of powers of government. 2. **Plebiscite** - It is the name given to a vote of the people expressing their choice for or against a proposed law or enactment submitted to them. - It is likewise required by the Constitution to secure the approval of the people directly affected before certain proposed changes affecting local government units may be implemented. 3. **Referendum** - It is the submission of a law or part thereof passed by the national or local legislative body to the voting citizens of a country for their ratification or rejection. 4. **Initiative** - It is the process whereby the people directly propose and enact laws. 5. **Recall** - It is a method by which a public officer may be removed from office during his tenure or before the expiration of his term by a vote of the people after registration of a petition signed by a required percentage of the qualified voters. **WHO MAY EXERCISE SUFFRAGE:** a. Every citizen who are at least 18 years old on the Election Day. b. A resident of the Philippines for at least a year and for at least 6 months on the place he is registering. c. Not otherwise disqualified by law. d. A registered voter. **WHO ARE DISQUALIFIED TO VOTE?** a. Any person found to be not normal mental condition. b. Who has been found guilty of committing a crime involving disloyalty to the state (rebellion and treason), except after 5 years from completion of his sentence. c. Any person who has been sentenced for a prison term of not less than one year, except after 5 years from completion of his sentence. **Article IX --C** - It is also stated in the 1987 Constitution of the Republic of the Philippines the establishments of Commission on Elections (COMELEC. In Section 2 discusses the powers and functions of COMELEC: 1. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. 2. Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable. **Commission on elections (COMELEC)** - They are the one who supervise the elections in the Philippines. **RULES GOVERNING ELECTIONS IN THE PHILIPPINES** 1. In the process of supervising the conducts of elections, the COMELEC is guided by the rules governing elections as started in the provisions of Republic Act. No. 7166. 2. **Elections on Campaign Period** - The campaign period for the President, Vice President and Senators is **90 days before the election.** - The campaign period for the **members** of the House of Representatives is **45 days before the day** of election. 3. **Filling of Certificate of candidacy** - The certificate of an individual running for national elections is required to be filed at the main office of the COMELEC not later than the day prior to the beginning to the campaign period. 4. **Precincts and Polling Places** - Every barangay is required to have at least one election precinct, with each precinct having not more than 300 votes. 5. **Registrations of voters** - It is held on the **5th Saturday prior to the day of election** for those who are to reach 18 years of age or before the day of election and for those qualifies to cast their vote but not included in the list of voters. 6. **Common Poster Area** - The COMELEC is empowered to designate common poster areas in the barangay where candidates can post their election propaganda announcing their candidacy. 7. **Official Watchers** - Every political party and candidate are entitled to one watcher in every polling place and canvassing center. 8. **Board of Election Inspectors** - It is constituted by a chairman to one watcher in every polling place and canvassing center. 9. **Board of Canvassers** - In every province, city and municipality, a board of canvassers is constituted and composed of provincial election supervisor. **POLITICAL PARTY** **Political party** - As stated by Marume et al (2016), it is defined as an organized and presumably durable association, either of individuals or of distinguishable groups of individuals, which endeavors to place its members in governmental offices for the purpose of bringing about the adoption of favoured political policies or programmes. - Of all the characteristics of parties, the one which distinguishes them from all other associations evincing a substantial interest in public affairs is their effort to secure the election or the appointment of their own personnel to the public positions through which the policies of government are prescribed for implementation. - It consists of a group of people who join hands to contest the elections in a country. - These parties have a shared vision for the country, this vision in addition to defining the party also guides their actions and the policies formulated for the citizens of the country. **FUNCTIONS OF POLITICAL PARTY:** a. Contesting elections b. Formulating policies c. Forming government or forming the opposition party d. Shaping public perception **CHARACTERISTICS OF A POLITICAL PARTY** **Primary characteristics** - It is its objective to control the exercise of governmental powers by placing its own members in the public offices through which the policies of government are determined. **Second characteristic** - Its intention to use governmental powers for purposes which meet with the general approval of its leaders and the rank and file of its membership. **TYPES OF ELECTORAL SYSTEM** 1. **One-party system** - It is an open system that exists in those jurisdictions in which a particular party is so much stronger than any of its nominal competitors that it almost invariably is successful in winning control of the government. - It has the right to form the government, usually based on the existing constitution. - **Example:** North Korea, China 2. **Two-party system** - It is their existence of two major parties which are so strongly supported that one or the other ordinarily emerges as the victor in elections and consequently gains mastery of the government. - It is a party system where two major political parties dominate politics within a government. - One of the two parties typically holds a majority in the legislature and is usually referred to as the majority party while other is the minority party. - **Example:** In the US -- Republican vs Democrats 3. **Dominant party Systems** - It is party system where there is "a category of political organizations that have successively won election and whose future defeat cannot be envisaged or is unlikely for the foreseeable future." 4. **Multiparty system** - Its systems are featured by the presence of a fairly large number of parties with compete with one another on relatively equal terms. - It is party system in which multiple political parties have the capacity to gain control of government offices, separately or in coalition. - **Example:** Philippines, Spain, Sweden, Taiwan, Indonesia, South Korea **There are several political parties with largest membership in Congress:** 1. 2. Nacionalista Party 3. Liberal Party 4. Lakas-CMD 5. PDP-LABAN 6. Nationalist People's Coalition 7. Laban ng Demokratikong Pilipino 8. Akbayan 9. Philippine Democratic Socialist Party **Political Parties** are required to register with the COMELEC with a verified petition with attachments including a constitution, by-laws, platform, and such other information as may be required by the COMELEC. They are required to have chapters in a majority of regions, and within each region, a majority of provinces, down to towns and barangays. **CURRENT STRUCTURE OF THE ELECTORAL SYSTEM IN THE PHILIPPINES** The structure of the current electoral system is provided in the 1987 Constitution and the Omnibus Election Code. The COMELEC is given the task to enforce election laws and exercise exclusive jurisdiction over the qualifications of candidates, accreditation of political parties, and canvassing of votes. The 1987 Constitution provides that the three branches of the government are separate and equal. The **president and the vice president** are elected separately by a direct vote of the people. Under the simple plurality method, the candidates with the highest number of votes will be proclaimed winners (first-past-the-post system). Both officials are to **serve for a term of six years**. The Transitory Provisions of the 1987 Constitution says that "of the senators elected in **the election of 1992**, the **first 12 obtaining the highest number of votes shall serve for six years (full)** and **the remaining 12 for three years**." In **1995**, elected senators **were then given six-year term**. Thus, **12 senators are elected every three years**. Of the **250 members of the House of Representatives**, **200 are elected** through district **proportional representation**, while **50 are elected from party-lists** on a proportional basis. Party lists are closed list (meaning, the people vote for the political party as a whole), and election of the representative is based on the candidates' placement in the party slate (Velasco 2006). Under the Party-List Act (RA 7941), seats are allocated at one seat per 2% of the votes obtained. Only a maximum of three seats are allowed per party. Unallocated seats shall be distributed among the other parties that have not yet obtained the maximum of three seats (provided that they have reached 2% of votes). At present, there are almost **300 representatives in the Philippines**. While the 1987 Constitution only provides for 250 members of the House of Representatives, Article VI, Section 5 states that "each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory. Each city with a population of at least 250 000, or each province, shall have at least one representative." Within three years following the return of every census, the Congress shall make a reapportion of legislative districts based on the standards provided in Article VI, Section 5. The current constitution encourages a free and open party system. This led to the rise of several political parties in the post-1986 period and the setting up of a multiparty system. The introduction of the party-list system furthered this. Meanwhile, the 1991 **Local Government Code** governs elections for local government officials. The **punong barangay, vice mayor, mayor, vice governor, and governo**r are elected in their respective localities through a plurality vote (first-past- the-post system). The **members of the local assemblies** (e.g., city and municipal councils and the provincial board) are elected by district and through a plurality vote. Members of the barangay or village assembly are elected at large in their areas. The **local government officials are to serve a maximum of three consecutive three-year terms** (Teehankee 2002).