Reforming the Partylist Law: Is Congress up to the task?

ATTY. George Erwin Garcia, an intellectual and keen observer of events, has called for the “overhaul” of RA 7941 or the Partylist Law, passed by Congress 30 years ago, in March 1995.

As Garcia puts it, RA 7941, needs more than just superficial or ‘cosmetic’ changes, it needs an “overhaul,” the way a broken-down car engine is overhauled to restore its performance. And in the case of this 3-decades old law, to restore everyone’s expectation of its original intention—representation for the marginalized members of our society.

And as chairman of the Commission on Elections (COMELEC) aside from being himself a seasoned election lawyer, this call to action by Garcia should be heeded by Congress, the branch of government that would turn Garcia’s “dream” into reality.

And here lies our reason for doubt, on Congress’ willingness, nay, seriousness, in addressing the many flaws of the law.

A law that enabled millionaires and state enemies branding themselves as “patriots” (“makabayan”) to enter Congress to purportedly “represent” our marginalized sectors—the poorest of the poor and the most helpless among the helpless.

The first one is using a congressman’s perks and influence to further gain wealth while the other is using the same to advance– and finance with taxpayers’ money– their aim of bringing down the government by armed force. Where is “representation” in all of that, we ask.

Other than the serious business of overhauling the law to serve its intended purpose—already a “taxing job” to most lawmakers who are intellectually challenged to begin with—Congress has developed a culture and an “environment” of its own.

For it can be said that Congress is a “semi-dictatorship” where priorities is dictated by the House leadership and by Malacañan.

One can bet that any proposed measure not included in the Palace’s “priority bills” or the Speaker’s priority list for that matter, would hardly see the proverbial “light of day,” if at all.

We note that even our Constitution condemned the dominance of “political dynasties” as a hindrance to the public’s access to equal opportunities, stating in Section 26 of Article II, thus: “The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.”

And here lies the problem: While the Constitution abhors political dynasties, a “legacy” bestowed to us by the American-style democracy we adopted way back to the Commonwealth years by the way, tasking Congress to pass the enabling law against political dynasties proved to be the one of the most stupid decisions of the Cory Aquino Constitutional Commission that drafted the Constitution in 1987.

Over the years, repeated calls have been made for the enactment of a law against political dynasties and yet, nothing.

This lethargic approach by Congress to following the Constitution’s mandate can also be seen in the history of RA 7941. Although explicitly stated under Par. 2, Section 5, Article VI of the 1987 Constitution, RA 7941, the enabling law, was only passed by Congress in 1995, or 8-years later.

And clearly too, Congress has made a bad job that there is an urgent need to overhaul it now.

But we ask again: Is Congress up to the task?