Issue Analysis No. 03
February 27, 2007

Election Disqualification: Another Demolition Job

Government's demolition job and harassments of the progressive party-list groups cannot but be interpreted as a move to disenfranchise them from the electoral system – definitely an attack against the party-list system itself. The administration-controlled electoral system is nothing but a mechanism for entrenching pro-Arroyo candidates in power and one that is hostile not only to opposition candidates but to groups espousing social and economic programs inimical to the interests of the powers-that-be.

One of the major issues with regard to the 2004 elections is how some officials of the Commission on Elections (Comelec) supposedly connived with Mrs. Gloria M. Arroyo to commit fraud to make sure she wins the presidency. The public outrage that ensued thereafter triggered calls for the removal of Arroyo and the revamp of the Comelec so that future elections would be free and democratic. The call for Comelec reform remained unheeded and now it looks like the poll body cannot even intervene in what is beginning to look like attempts by government to harass opposition candidates – and is itself probably engaged in partisan politics.

This week, military security escorts of Senate President Manuel Villar, a reelectionist running as a "guest candidate" of the Genuine Opposition (GO), have been recalled by the Armed Forces of the Philippines (AFP) for still unknown reasons. Then the AFP chief of staff, Gen. Hermogenes Esperon, has rooted for the congressional candidacy of what the Melo Commission named as the prime suspect in the extra-judicial killings and involuntary disappearances of militant activists – former Maj. Gen. Jovito Palparan. Esperon, himself allegedly involved in the rigging of the presidential elections in 2004, was criticized as in violation of Comelec rules prohibiting public officials and the AFP from engaging in partisan politics. Similarly, the Comelec has received flak for accrediting party-list groups that are either not qualified to represent marginalized sectors or are identified with politicians and some officials of the poll body.

What is beginning to be a major form of harassment against anti-Arroyo candidates is the filing of disqualification cases against three party-list groups. Two separate but simultaneous "complaints/petitions" have been filed that apparently aim to shove Bayan Muna (BM or People First), Anakpawis (AP or Toiling Masses), and Gabriela Women's Party (GWP) out of the coming elections. The case is clearly politically-motivated using the mode of legal subterfuge. Moreover, reports say, it is apparently hatched by the executive department and Armed Forces of the Philippines (AFP) generals with the probable participation of some Comelec officials.

Filed on Feb. 16 with the Comelec by two residents of Nueva Ecija claiming to be members of Akbayan party-list, the "complaints/petitions for special action" sought to disqualify Bayan Muna, GWP, and Anakpawis from the May elections. The filing was made weeks after President Arroyo's National Security Adviser, Norberto Gonzales, called for the disqualification of the progressive party-list groups from the May elections, repeating his usual slurs that they are "front organizations" of the Communist Party of the Philippines / New People's Army (CPP/NPA).

Recently, Mrs. Arroyo's legal counsel, Sergio Apostol, also proposed to the Armed Forces of the Philippines (AFP) to file disqualification cases against BM and the other party-list groups. "You cannot be part of Congress if you're a leftist," Apostol is reported to have said.

Melo Commission, UN findings

The case for disqualification has also surfaced on the heels of findings by the Melo Commission and the UN Special Rapporteur on extrajudicial, summary or involuntary executions, Philip Alston, about the complicity of military rogues in the series of political killings, enforced disappearances and other cases of violations of human rights in the Philippines. About 172 of the 834 victims of extra-judicial killings reported in 2001 to the present are from BM (with 128), AP (42) and GWP (two). Several others were abducted and reported missing while scores escaped attempts on their life.

Despite the invectives thrown and the violent attacks against its members, BM, a recent Pulse Asia voting trends survey shows, is leading with Gabriela placing third among the party-list entries. This only goes to show that regardless of whether they are "leftist" - and despite the fraud, terrorism and vote-shaving - the fact remains that BM and the other progressive party-list groups have clearly won the mandate of millions of voters to take their rightful seats in Congress. Conversely, Gonzales' party-list groups including the anti-communist ANAD have not won a single seat in any election.

The Comelec on February 23 directed lawyers of the three party-list groups to answer the petitions in three days without extension. Aside from the fact that the order was issued on a Friday thus making it difficult for the lawyers to make an immediate legal counter-move, the lawyers were told by the poll body – in an unusual act - to deliver a copy of their answer personally to the petitioners in Curva, a barangay in Bongabon, Nueva Ecija. Known to be infested with military informers and paramilitary forces, Bongabon is part of the jurisdiction of the AFP's Central Luzon Command which Palparan headed before his retirement from military service. Palparan had been recommended by Gonzales as deputy adviser for counter-insurgency at the National Security Council (NSC).

The complaints/petitions for disqualification of the three party-list groups were filed by Medelyn dela Torre and Isabelita Nanip Bayudang, both of Bongabon, and who claimed to be widows of Danilo Felipe and Carlito Bayudang, respectively. Their prayer cites violations of the RA 7941 specifically for "advocating violence" and for violating or failing to comply with election laws, rules or regulations that are attributed to the three party-list groups. According to Medelyn and Isabelita, Felipe and Bayudang, alleged leaders of the Samahang Magbubukid ng Bongabon (SMB), were killed by the NPA in 2001 and 2004, respectively, on orders of "Satur Ocampo, Teodoro Casiño, Liza Maza and Rafael Mariano," leaders and nominees of the three party-list groups.

A verification of authenticated copies of the separate petitions seem to lend credence to reactions by leaders of the three party-list groups that the cases were based on fabricated allegations and are part of an orchestrated campaign directed by the President against them. Medelyn and Isabelita claim they were recruited to the NPA at ages 15 and 14, respectively, a stipulation that is inconsistent with the NPA's policy of 18 as the minimum age for its membership. Isabelita claims to have used "Mylene" as her "coda" – an unlikely term given the underground Left's standard use of " pangalan sa pakikibaka" (or nom de guerre). Both also stipulated that they and their husbands were harassed by the NPA and the party-list groups when they supported Akbayan against Bayan Muna in the 1998 elections. BM first joined the elections only in 2001, where it emerged the topnotcher, and in 2004, when it repeated the same feat.

Serious, dangerous

The move to disqualify the three party-list groups is serious and definitely dangerous originating as it is directly from the presidential office which, as shown in the last 2004 presidential elections, can exert pressure on Comelec to toe its line. Norberto Gonzales and Apostol can be cited for violating Comelec rules banning government officials from engaging in partisan politics but nothing has been done about this.

The case also appears to be the President's legal and political move to neutralize the progressive party-list groups from the whole party-list system and any favorable ruling that the Comelec will issue can be used to justify the escalation of extra-judicial killings and other forms of political persecution against the same groups. This is akin to – and supports – the vilification campaign launched in 2002 by Gonzales and AFP officials against BM and the other party-list groups where they were labeled as "front organizations" of the CPP/NPA. Physical attacks against them started to mount that period. This was followed in early 2006 by trumped-up rebellion charges and the issuance of warrants of arrest against Ocampo and five other party-list leaders as well as scores of other individuals.

The noose against the progressive party-list groups will tighten with the anticipated signing of the anti-terrorism bill or Human Security Act of 2007 by de facto President Arroyo. The Act is expected to be used by government to give legitimacy to the political repression of the likes of BM and other adversarial groups under the framework of the counter-insurgency and counter-terrorism strategy. Already, there have been reports of these progressive party-list groups and their allied parties being prevented by government troops and paramilitary forces from campaigning in many areas. Streams and posters are being posted once again labeling them as "communist terrorists" and "enemies of the state."

For a government whose human rights record has been found to be malevolent, it would be a foregone conclusion to say that its implementation of the anti-terrorism act is bound to be a worst humanitarian catastrophe.

Government's demolition job and harassments of the party-list groups cannot but be interpreted as a move to disenfranchise them from the electoral system – definitely an attack against the constitutionally-enshrined party-list system itself. It further exposes the state-controlled electoral system as nothing but a mechanism for entrenching pro-Arroyo candidates in power and one that is hostile not only to opposition candidates but to groups espousing social and economic programs inimical to the interests of the powers-that-be.

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