Satur writes Abalos: Don’t use First Party Rule vs. Left, partylist system

MANILA — Bayan Muna President Satur C. Ocampo today expressed “vehement
objection” to the Commission on Elections’ adoption of the First Party
Rule that resulted in a partial proclamation of partylist groups that
won a mandate in the May polls and the reduction of seats for groups
critical of the Arroyo administration.

In a three-page letter he personally delivered to the office of
Comelec Chairman Benjamin Abalos, Ocampo told the electoral body that
“the delay is a monumental loss for the party list system, not only
because they will not be able to perform their functions in filing
bills and electing the House leadership, but also because, the
underrepresented remains unrepresented long after the opening of
Congress.”

Ocampo also stressed that Bayan Muna views the use of an old Supreme
Court decision as “another attempt towards the same end — the
marginalization, if not elimination, of progressive partylist groups
in Congress.”

“That the Arroyo government wants progressive party list groups out of
Congress is no secret. The military campaign against progressive party
list groups which signed the impeachment complaints, the political
killings and attacks against the Batasan 6, the disqualification cases
filed before the Comelec, and the entry of Malacanang-backed partylist
groups which committed fraud in the elections all point to the intent
of President Arroyo to marginalize, if not eliminate, the progressive
party list groups in Congress,” said Ocampo.

Ocampo also doubted on the constitutionality of the Comelec’s use of
the First Party Rule.

“Nowhere in the Constitution or the law is there a reference to a
first party, much less, rewarding the first party. By elevating the
stature and benefits for a ‘first party’ with its corresponding effect
of disenfranchising and injuring the other parties, the Rule not only
created something that was not there, but also violated the provisions
of the Constitution and the law on proportionality and access for the
marginalized,” said Ocampo.

Bayan Muna has long opposed the First Party Rule even when it topped
the 2001 and 2004 elections.

According to Ocampo, “the law and the Constitution never intended to
reward a “first party”. In fact, since the party list system is akin
to an ‘affirmative action’ policy in favor of the marginalized and
underrepresented, it is the smaller parties that must be rewarded and
not the strong first party. By giving premium to the first party, the
First Party Rule actually diminishes the value (and the votes) of the
smaller parties who cannot compete with the First Party.”

Ocampo said that unless the Comelec immediately reverses its decision,
Bayan Muna is constrained to bring the issue to the Supreme Court.

In a memorandum submitted to the Supreme Court on July 10, 2001, Bayan
Muna said that “Said formula (First Party Rule), however, will not be
beneficial to the party-list system as a whole. If petitioner’s
calculation is correct, the Supreme Court formula will violate the
intention of the party list law which is to ensure that party list
organizations are given all the opportunity to win a seat in Congress.
If strictly implemented, this will only make it difficult for party
list organizations to get a seat in Congress.” ###

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