Bohol Tribune
Opinion

Amicus Curiae

Pinoy Marino Rights

Atty. Dennis Gorecho
The seafarers’ votes and the party-list system

The number of  registered voters  of the  sea-based  Overseas Filipino Workers (OFWs) has been decreasing for the past three elections, putting again into test their impact of their sector’s votes  on the party-list system.

COMELEC records show that  19,584. seafarers have registered under  Overseas Absentee Voting Act (OAV) for the 2022 election, showing a decreasing number of sea-based  OAVs from   2016 (49,339) and 2019 (43,033).  

The  OAV was passed in 2003  allowing Filipinos overseas to vote for who they want to be president, vice-president, senators, and party-list representatives.

POEA   data shows that there are deployed  1,707,660 OFWs in 2020  which is lower than the 2,177,088 in 2019 primarily due to the COVID19 pandemic.

In terms of 2020 total  remittances amounting to US$31,417,614,000.00 the sea-based sector sent home US$6,545,002,000.00, or almost twenty percent (20%),  while the land-based sector gave US$24,872,612,000.00.

COMELEC records show that  out of the 1,697,215 OFWs  who have registered to be OAVs, only 19,584 are seafarers while the remaining 1,677,631 are land-based.

The most land-based  OAVs are from Middle East and Africa (785,470) followed by

Asia Pacific (445,607),  North and Latin America (303,002), and  Europe (143,3542).

OFW voters,  both land-based and sea-based, are now being courted by groups aiming political seats through the party-list representation.

Around 173 groups will vie for 59 seats allotted for the party list in the House of Representatives – trimmed from the 273  organizations that sought to enter the 2022  party-list race during the filing of candidacies.

 Comelec previously denied with finality 107 applications for party-list registration, but seven were included in the list after the Supreme Court issued  temporary restraining orders (TRO).  

The party-list system was introduced in the 1987 Constitution and Republic Act 7941 (the Party-List Law) to provide a balance for locality-based lawmakers who are almost always elected on the basis of their popularity and the money that they release.

It is a proportional representation system to favor single-issue parties, and to allow underrepresented sectors to represent themselves in the law-making process.

It was originally envisioned to focus on underrepresented community sectors or groups, including labor, peasant, urban poor, indigenous cultural, women, youth, and other such sectors as may be defined by law (except the religious sector).

The Constitution allots 20 percent Lower House membership for party-list nominees, maximum at three nominees each, dependent on the votes they gather nationwide.

However, its application changed when the Supreme Court issued a 2013 clarificatory  decision noting that the party-list is a system of proportional representation open to various kinds of groups and parties, and not an exercise exclusive to marginalized sectors.

Due to their absence during the election period, there is a specialized mode of voting by which ship officers and ratings manning ships, including offshore workers, service providers and fishermen, who are registered overseas voters, may cast their ballots  60 days before the day of elections.

Seafarers may vote at any post, specifically Philippine embassies, consulates, foreign service establishments and other Philippine government agencies maintaining offices abroad, e.g., the Philippine Overseas Labor Offices (POLO).

During the voting period, seafarers may vote through two modes: adopting personal voting or, in case of postal voting, in any post with international seaports as identified and recommended by the Department of Foreign Affairs.

But the strength of the seafarers’ votes are essentially felt through  their families residing in the Philippines.

For the seafaring sector, two party-list groups are campaigning for this year’s  election.

MARINO Party-list was  formed in 2014 by seafarers and stakeholders from the maritime community mostly in Mindanao. It secured two seats during the 2019 election as it placed seventh in ranking for its 677,378 votes.

On the other hand, ANGKLA was  founded in 2011 and run for congressional seat in 2013 ANGKLA and won for 2 consecutive terms. It lost in the 2019 elections after garnering only   179,531 votes.

Several groups have called for the repeal or the amendment of the party-list law as political dynasties have “hijacked” the system, supposed to be a platform for representation of marginalized sectors.

The rosters of party-list representatives in previous Congresses had been hit for being recycled lists of people already in power.

According to election watchdog Kontra Daya, the party-list system has instead been “weaponized to further marginalize the already marginalized.”

For the 2022 election, KontraDaya flagged at least 70 percent (7 out of 10 / 120 out of 177) of the party-list groups that are identified with political clans (44) and big businesses (21), as well as for having incumbent local officials (26), connections with the government and military (32), unknown or unclear advocacies and representations (34), and pending court cases and criminal charges, including being implicated in pork barrel scams (19).

Be an informed electorate.

(Atty. Gorecho heads the seafarers’ division of the  Sapalo Velez Bundang Bulilan  law offices. For comments, email info@sapalovelez.com, or call 09175025808 or 09088665786)

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