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FORUM – WORKSHOP on a ‘people’s initiative’ to e nd political dynasties

FORUM – WORKSHOP on a ‘people’s initiative’ to e nd political dynasties. Hosted by:. 22 November 2012. POLITICAL DYNASTY.

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FORUM – WORKSHOP on a ‘people’s initiative’ to e nd political dynasties

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  1. FORUM – WORKSHOP on a ‘people’s initiative’ to end political dynasties Hosted by: 22 November 2012

  2. POLITICAL DYNASTY • Section 26, Article II of the 1987 Constitution states, "The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law." • Section 1, Article XIII of the 1987 Constitution mandates Congress to “give highest priority to the enactment of measures that protect and enhance the right of all the people to…reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.” • Despite these provisions, political dynasties have been a present staple in Philippine political arena. • Many have pointed that such oligarchy is the root problem of all the corruption in government. • Many have called for the Congress to pass the Anti-Dynasty Law, but the needed bill has been passed over by each Congress since 1987.

  3. What are political dynasties? • "dynasty > noun (pl. -ies) a line of hereditary rulers of a country: i.e. Tang dynasty; a succession of people from the same family who play a prominent role in politics, business, etc. " - The New Oxford Dictionary of English (2001) • 250 political dynasties (families: husbands, wives, sons, daughters, and close relatives); for the past 30 years or more; this is 0.00001667 % of the country's 15 million families (CENPEG, 2007). • Each of the country's 80 provinces have political dynasties competing with each other and who have also expanded to monopolize many appointive positions. • 2/3 of the members of the 8th to 12th Congress belong to political dynasties. (PCIJ)

  4. What is the connection between economic power and political power at the national and local level of governance, the umbilical cord that allows political dynasties to thrive? • The Philippine political system is structured around patronage and what academics call rent-seeking, or the use of privileges from the state to benefit private and family business. • These families are able to control and influence the courts, Congress, and Malacanang, and to control the most profitable parts of our economy. • When family, not ideology or principle becomes the norm in politics and public service, corruption will flourish. • In fact, the existence of political clans and dynasties has encouraged a political system that is dominated by patronage, corruption, violence and fraud at the national and local level. • When they capture public office, political dynasties, using their authority, enact favorable and protective legislation for their family-owned businesses; corner government loans, franchises and licenses and government contracts; assure low tax assessments, and other privileges.

  5. What is the relationship between political dynasties and the current mainstream political parties in the Philippines? • Political parties are in fact convenient but temporary alliances of political dynasties or political clans. The basis of their alliances are not because of principles or party platforms, but may be based on marriage, business connections, or political accommodation, etc. What is the impact of political dynastic rule on Philippine national development, on our communities, and nationhood in general? • Political dynasties distort governance, and make a sham of democratic governance. Thru political dynasties, public office becomes an exclusive family franchise, a provider of more benefits to family interests.

  6. How can we empower ourselves to deal with political dynasties? • Real political parties with defined programs, vision, and ideologies representing the larger sectors of Philippine society should challenge and replace political clans and dynasties. • Ultimately, in a country rife with inequality, the hope in our political system and country lies in education, national consciousness, civic values, transparency in governance and social awareness and organization at the grassroots. • But education and national consciousness to end political dynasties we can embark on now via a ‘people’s initiative.’

  7. What is a people’s initiative? • the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose • Article VI, Section 32. The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof. • R. A. 6735 or the Initiative and Referendum Act

  8. R.A. 6735 • There are three (3) systems of initiative; Initiative on statutes which refers to a petition proposing to enact a national legislation (Section 3(a.2)) • Sec.  5. Requirements. — (a) To exercise the power of initiative or referendum, at least ten per centum (10%) of the total number of the registered voters, of which every legislative district is represented by at least three per centum (3%) of the registered voters thereof, shall sign a petition for the purpose and register the same with the Commission. • "Petition" is the written instrument containing the proposition and the required number of signatories. It shall be in a form to be determined by and submitted to the Commission on Elections, hereinafter referred to as the Commission. (Section 3(f)) • "Proposition" is the measure proposed by the voters. (Section 3(d)) • Sec.  7. Verification of Signatures. — The Election Registrar shall verify the signatures on the basis of the registry list of voters, voters' affidavits and voters identification cards used in the immediately preceding election. 

  9. R.A. 6735 • "Referendum" is the power of the electorate to approve or reject a legislation through an election called for the purpose. (Section 3(c)) • Sec.  8. Conduct and Date of Initiative or Referendum. — The Commission shall call and supervise the conduct of initiative or referendum.Within a period of thirty (30) days from receipt of the petition, the Commission shall, upon determining the sufficiency of the petition, publish the same in Filipino and English at least twice in newspapers of general and local circulation and set the date of the initiative or referendum which shall not be earlier than forty-five (45) days but not later than ninety (90) days from the determination by the Commission of the sufficiency of the petition. • Sec.  9. Effectivity of Initiative or Referendum Proposition. — (a) The Proposition of the enactment…of a national law shall be submitted to and approved by a majority of the votes cast by all the registered voters of the Philippines.  If, as certified to by the Commission, the proposition is approved by a majority of the votes cast, the national law proposed for enactment…shall become effective fifteen (15) days following completion of its publication in the Official Gazette or in a newspaper of general circulation in the Philippines.

  10. R.A. 6735 • Sec.  10. Prohibited Measures. — (a) No petition embracing more than one (1) subject shall be submitted to the electorate • Sec.  12. Appeal. — The decision of the Commission on the findings of the sufficiency or insufficiency of the petition for initiative or referendum may be appealed to the Supreme Court within thirty (30) days from notice thereof. • Sec.  21. Appropriations. — The amount necessary to defray the cost of the initial implementation of this Act shall be charged against the Contingent Fund in the General Appropriations Act of the current year. Thereafter, such sums as may be necessary for the full implementation of this Act shall be included in the annual General Appropriations Act. • Sec.  20. Rules and Regulations. — The Commission is hereby empowered to promulgate such rules and regulations as may be necessary to carry out the purposes of this Act. >>> COMELEC RESOLUTION NO. 2300

  11. COMELEC Resolution No. 2300 • Rules and regulations governing the conduct of initiative on the Constitution, and initiative and referendum on national and local laws • Art. I, Sec. 8. Contents of petition. – A petition for initiative or referendum shall state the following: • Contents or text of the proposed law sought to be enacted; • The proposition; • The reasons therefor; • That it is not one of the exemptions provided herein; • Signatures of the petitioners or registered voters; • A formal designation of their duly authorized representatives; • An abstract or summary proposition in not more than one hundred (100) words which shall be legibly written or printed at the top of every page of the petition. • Art. III, Sec. 26. Registration of petition. – Proponents for the…enactment…of a national law shall register with the Commission through the Law Department their petition containing the signatures of registered voters duly verified with the Election Registrar...

  12. COMELEC Resolution No. 2300 • Art. III, Sec. 28. Certification on the number of registered voters. – At the instance of the proponents, the Election Records and Statistics Department shall issue a certification on the total number of registered voters in each legislative district… • Art III, Sec. 29. Signature stations. – Signature stations may be established by the proponents with the assistance of the Election Registrar in as many places in the municipality/city as may be warranted.

  13. HOW TO INITIATE AND HOLD A REFERENDUM • DOCUMENTARY REQUIREMENTS • The “Petition” which shall state the following : • contents or text of the proposed law sought to be enacted;  • the proposition or the measure proposed by the voters;  • the reason or reasons therefor or the explanatory note; • that it is not one of the exceptions provided under RA 6735 i.e. no petition embracing more than one (1) subject shall be submitted to the electorate nor it is a statute involving emergency measure; • signatures of the petitioners or registered voters; and  • an abstract or summary in not more than one hundred (100) words which shall be legibly written or printed at the top of every page of the petition.

  14. HOW TO INITIATE AND HOLD A REFERENDUM • PROCESS: • The “Petition” shall be in a form to be determined by and submitted to the Commission on Elections. • Appeal. — The decision of the Commission on the findings of the sufficiency or insufficiency of the petition for initiative or referendum may be appealed to the Supreme Court within thirty (30) days from notice thereof.  • Verification of Signatures. — The Election Registrar shall verify the signatures on the basis of the registry list of voters, voters' affidavits and voters identification cards used in the immediately preceding election.  • Conduct and Date of Initiative or Referendum. —Within a period of thirty (30) days from receipt of the petition, the Commission shall, upon determining the sufficiency of the petition, publish the same in Filipino and English at least twice in newspapers of general and local circulation and set the date of the initiative or referendum which shall not be earlier than forty-five (45) days but not later than ninety (90) days from the determination by the Commission of the sufficiency of the petition.  • Effectivity of Initiative or Referendum Proposition. —If, as certified to by the Commission, the proposition is approved by a majority of the votes cast, the national law proposed for enactment…shall become effective fifteen (15) days following completion of its publication in the Official Gazette or in a newspaper of general circulation in the Philippines.

  15. HOW TO INITIATE AND HOLD A REFERENDUM • ACTION AREAS • Draft the Petition = Text of the Petition + Explanatory Note + Measure, each page containing an abstract or summary of the petition in not more than one hundred (100) words • Obtain Comelec’s prescription of form of petition • Finalize the Petition in accordance with item #2 • Launch the signature campaign • Obtain verification of Election Registrar per municipality/city • Ensure at least 6% per legislative district • Collate and submit petition with verified signatures to Comelec, which is bound to determine sufficiency of petition within 30 days • Set a special registration day (by Comelec) at least three (3) weeks before a scheduled initiative or referendum. • Conduct referendum (by Comelec, within 45-90 days from determination of sufficiency) • Counting of votes (by Comelec) • Effect measure (15 days after publication by Comelec) • NOTE: assumes no need for SC appeal

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