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Wednesday, April 24, 2024

Primer on draft Con-Com Charter: Part Twelve

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Con-Com 2018 Member

Q: How does proportional representation work? Where did the Con-Com get this idea?  Has it been tried before?

Bremen, Hamburg and the Saarland are the Länder using a simple proportional representation system. Under this system, voters cast one vote for a party-list (not candidates). The formula for seats in the Parliament is rather straightforward:

Proportion of Party’s Votes = Proportion of Party’s Seats

BUT: To be entitled to seats in Parliament, a party must receive at least 5 percent of the vote. That is to say that no matter how many parties there may be, a party must garner at least 5 percent of the votes to be entitled to seats in the Parliament following formula above.

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Voters have two votes: One for a direct candidate on one side of the ballot, and one for a party-list of the other side.

In respect to the direct candidate, the system we use in the Philippines applies: The direct candidate represents a single-member district and wins the seat if he gets the highest number of votes.

In regard to the party-list, parties receive seats in proportion to the second votes cast.

If a small party then is unable to field or to win in any single district for a direct seat, such a party, as long as it obtains at least 5 percent of the vote, may still win seats based of their proportion of the vote.  Essentially, therefore, it is a proportional representation system.

How should this be applied to the Philippines:

In the 3rd Congressional District of Cagayan, for example, of which I am a (lapsed) registered voter, I would be entitled to cast a direct vote for a candidate to the position of “Representative” or “Congressman.” But my ballot would also contain a space for a party-list.

Let us, therefore, assume that the following party-lists are available to choose from:

Dugong (fisher-folk party)

Balikbayan (OFW party)

Molave (manual laborers’ party)

Tawag Na (call center workers’ party), etc.

And I choose “Dugong,” it will all depend on whether or not Dugong is able to garner at least 5 percent of the party-list. If it does, then, at least insofar as the 3rd Congressional District of Cagayan is concerned, Dugong would be entitled to 5 percent of the seats allocated to proportional representation in Congress.

Of course, whether Dugong ultimately makes it or not to Congress depends on the totality of votes it receives throughout the country under the party-list. If, nationwide, it gets at least 5 percent of the votes cast under the party-list, it will be entitled to 5 percent of the seats allocated to proportional representation in Congress.

If this is how it goes, then I support it, because, as the example clearly shows, it would allow small parties (those that remain unsupported by the financial and campaign machineries of huge parties) to win seats by proportional representation under the party-list system.

It is clear, however, that the parties under the proportional representation system are really “parties”: organized, truly representative of one under-represented or marginalized sector, recognized as such by the members of that sector, duly registered and recognized as a public institution.

In the federal parliament of Germany, one-half of the deputies are elected directly, one-half under the party-list system. I propose that the proportion earlier proposed be adopted.

Q: How would closed list proportional representation work in the federated regions?

Under this proposal, all the component units of a Federated Region—provinces, highly urbanized city and independent chartered cities—will each elect 2 representatives although in different ways. 

The first candidate will be voted in the way with which we are most familiar: He who obtains the plurality vote (even if the plurality be distant from the absolute majority) wins. 

The second vote of each voter goes to a party of his choice, each party having a closed list of candidates but definitely articulating a clear manifesto that distinguishes it from other parties. These parties, however, are formed region-wide and campaign region-wide and they will be directed by constitutional mandate to see to the representation of the component units of each region in their closed list. They can also be directed to see to the representation of some sectors that need representation.

Let us then assume that Federated Region W has seven (7) component units. This will mean that:

1. Federated Region will have seven individually elected Assemblymen from each of the seven component units.

2. Seven seats however are up for grabs under the proportional representation system.

3. Let us also assume that throughout Federated Region W, Party Blue, Party Green, Party Yellow, Party Red and Party Orange organized themselves and campaigned.  Each of these parties has a closed list of candidates.

4. Assume the total number of voters in Federated Region W to be 200,000.

5. Let us then suppose that the results cast for the parties REGIONWIDE are as follows:

Party Blue                        50,000 votes

Party Green                      10,000 votes

Party Yellow                      25,000 votes

Party Red                        10,000 votes

Party Orange                      5,000 votes.

Remember: There are seven seats for grabs.

6. Under the D’Hondt method of computation (which is only one method among many that Federal Electoral Commission will decide), we proceed as follows:

Party Blue:

50,000/1 = 50,000

50,000/2 = 25,000

50,000/3 = 16,000

50,000/4 = 12,000

50,000/5 = 10,000

50,000/6 = 8,000

50,000/7 = 7,000

Party Green:

10,000/1 = 10,000

10,000/2 = 5,000

10,000/3 = 3,000

10,000/4 = 2,500

10,000/5 = 2,000

10,000/6 = 1,600

10,000/7 = 1,000

Party Yellow

25,000/1 = 25,000

25,000/2 = 12,000

25,000/3 = 8,000

25,000/4 = 6,000

25,000/5 = 5,000

25,000/6 = 4,000

26,000/7 = 3,500

Party Red

10,000/1 = 10,000

10,000/2 = 5,000

10,000/3 = 3,000

10,000/4 = 2,500

10,000/5 = 2,000

10,000/6 = 1,600

10,000/7 = 1,000

Party Orange

5,000/1 = 5,000

5,000/2 = 2,500

5,000/3 = 1,600

5,000/4 = 1,200

5,000/5 = 1,000

5,000/6 = 833

5,000/7 = 700

The highest marks therefore are as follows:

1.      50,000                         Blue

2.      25,000                         Blue

3.      25,000                         Yellow

4.      16,000                         Blue

5.      12,000                         Yellow

6.      10,000         For Seats 6 and     7, 

          a mechanism may

7.      10,000          be devised to determine   

                              whether Blue, Yellow or 

        Red will get the twoseats.

Here, the results one has are IN PROPORTION to the number of votes received by the PARTY, and who it is among the listed candidates who will sit (Blue, for one, has three seats), will be determined by the internal rules of the party.

Result:

Seven of the Regional Assemblymen (or women) will be representing their constituencies while

Seven will sit as members of parties voted REGIONWIDE because of the particular Manifesto of the Region—with enough safeguards in place to see to the protection of marginalized sectors and the fair representation of all component units.

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