Monday, April 8, 2013

A VISION FOR CLEAN, HONEST AND AFFORDABLE ELECTIONS

A credible election body is an integral part of any democratic system. Without such qualification, meaning, credibility, the republican institutions will not gain the absolute trust of the people. There will constantly be doubts not only on the efficiency of the government, but also on the sincerity and integrity of those in public service to care for the people. Consequently, mistrust, misconception and corruption would continuously plague society since the common perception is that the misconcepted government does not really represent the people's heart, and automatically, their welfare. Instead, it promotes the interest of the few and the powerful. Even worse, a mistrusted or corrupted system would thus precipitate misconcepted, mistrusted and corrupted results at the expense of the people, as well as the government.

At the end of the day however what matters is the cyclic circuitous partnership of the people in general and public servants in a necessity called right and reliable nation building.

The Philippines has already devoted years of sacrifices and hard work spending millions of pesos in order to upgrade the quality of elections in the country. We have gone into automation, and biometric documentation of registered voters. The rules of procedure in election cases and related matters have been revised, amended and continuously improved if only to be responsive to practically every specific situations or elections. Even the Supreme Court has promulgated landmark cases which are now considered jurisprudence. Special measures have been passed by Congress to give more teeth to election related penal laws. Resolutions have been formulated and approved by the Comelec to govern the conduct of elections, and practically to instill discipline among the electorate and the candidates as well as political parties.

Every Filipino who voted is marked with an indelible ink in their fingernail. What if in the mind and the heart of every Filipino, the desire for a real and credible election has been indelibly inked with the unfaltering commitment to true and right national building? Perhaps, just may be, the once "impossible Dream" of a right and reliable elections will finally be a catalytic reality for the benefit of all the people and their credible government.

In other words, after everything has been said and done, why is it that we are still encountering the same problems of, among others, vote-buying, election overspending, "flying voters", election related violence and terrorism? Why is it that despite the stringent safeguards installed to have clean and honest elections, a lot of cases are resolved with findings of election fraud? Why is it that it takes time for the Commission on Elections to resolve cases particularly but not limited to those involving barangay contests? Why is it that simple and basic guidelines governing election materials and propaganda are not being followed? Why is it that notwithstanding thousands of election law violations, only a handful have been charged in courts?

When will these all end?

It may not. After all, politics have been ingrained in the imagination, dreams, and everyday lives of our fellow Filipinos.

Wrong. There is light at the end of the tunnel if and when the people are guided through proper election values and ethics. The administration of His Excellency, President Benigno S. Aquino III is leading our nation towards this direction, in general, when he heeded the cry of the people for change and consequently entered into a social contract with them for transformational change and leadership.[1]

Therefore, following the lead, the COMELEC is obviously faced with such enormous tasks of :

(1)    completely cleansing the voters' list;

(2)    simplifying procedures and processes to reduce costs and expenses on the part of the voters, candidates, or election litigants thereby making elections and subsequent contests within the reach of everyone;

(3)    recommending immediate and long term reforms in the electoral system;

(4)    expeditiously disposing election cases in a manner that decisions should not only be a determination of the true will of the people, but must also be timely, to make such true will as expressive of good governance;

(5)    improving or enhancing the automotive election system to make it viable even for barangay elections and recall elections;

(6)    attending to its administrative concerns involving COMELEC employees' welfare and benefits as well as improving working conditions and offices all over the country;

(7)    studying and implementing further means to establish a cost-effective conduct of elections here and abroad;

(8)    instituting better access to facilities that will enable persons with disabilities, senior citizens and women with special concerns (primarily, pregnancy) to exercise their rights to suffrage with ease or convenience;

(9)    reviewing current election laws and the codification of all resolutions to be applied universally in any elections thereby minimizing the issuance and promulgation thereof, in toto, every now and then, even if only certain provisions have been changed or modified;  and

(10)increasing the benefits of and protection to public school teachers and other COMELEC designated poll workers.

Some of the concrete reforms may be as follows:

a)       Accreditation of poll watchers shall be done upon completion of a prescribed training conducted by the COMELEC. A certification made by the poll watchers on the minutes shall bind the candidates represented. This will eliminate frivolous election contests at the first level.

b)       Initiatory and responsive pleadings in election contests shall be in a prescribed form and the specified allegations must be supported by judicial affidavits and documentary exhibits. Failure to comply with this requirement shall be a ground for automatic dismissal without any right for reconsideration or appeal.

c)       Barangay election contests may be elevated only on certiorari and in the same case injunctive relief's may be prayed for. This will reduce the cost of litigation and may even expeditiously dispose barangay cases.

d)       All proceedings shall be considered as summary in nature unless the COMELEC declares otherwise on certain specific grounds such as technical examinations and those related to matters which may attach certain criminal liabilities.

e)       The use of voter's identification cards shall be compulsory in nature.  The tampering or illegal use thereof shall be a  penal offense. It may serve as a senior citizen card, among others.

f)        Appointment of COMELEC Marshalls to be considered as persons in authority who shall be highly trained in the enforcement of election laws.

g)       Registration of printing press with the COMELEC or its field offices prior to acceptance of printing works from candidates or persons.

h)       Designation of permanent poster areas with official identifying markers to be installed by the COMELEC.

i)         Registration of media companies (newspaper, television, radio etc.) with the COMELEC or its field offices prior to acceptance of campaign materials or advertisements; and

j)         Enactment of laws which will increase the penalties for certain election offenses and expanding the definition of electoral sabotage.

There is no reason to be overwhelmed by the fact that there is so much work yet to be done. What is important is that they can be done, and work must either be continued or start now, without let up, and with the vision for genuine change in mind.

May God help us and . . . "that in all things, God may be glorified."


© caloy caliwara 2013