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Final Report on the 2007 Elections
July 3, 2007
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Qualified Success, But…
The Report on the 2007 Elections
Introduction
Bantay-Eleksyon 2007 or the People’s Coalition to
Monitor the 2007 Elections started its monitoring of the
2007 midterm Philippine elections on February 1, 2007 up
to June 30, 2007. Within that period, it fielded a total
of 163 Organized Monitoring Teams (OMTs) and 1,788
individual Citizen-Reporters (CRs) throughout the
country, with emphasis on 8 regional areas historically
considered as election-sensitive areas.
In addition to field monitoring, it also undertook both
media and library researches as well as interviews with
key resource persons and representative electoral
stakeholders. The data thus gathered were processed into
four preliminary reports covering the various phases and
components of the 2007 elections. This report is a
distillation of all the previous reports and the data
gathered by Bantay-Eleksyon 2007.
We present this report for the purpose of inputting into
the process of undertaking electoral reforms in the
Philippines. It addresses the various weaknesses and
defects of the electoral system in order to call
attention to the urgent need for their correction or
solution. Of course, in doing so, Bantay-Eleksyon 2007
uses the international standards for free and fair
elections in assessing the 2007 elections.
The most elaborate description of these standards is
contained in the Declaration on the Criteria for Free
and Fair Elections by the Inter-Parliamentary Council of
the Inter-Parliamentary Union (IPU) dated March 24,
1994. It defined free and fair elections as having been
achieved when “In any State the authority of the
government can only derive from the will of the people
as expressed in genuine, free and fair elections held at
regular intervals on the basis of universal, equal and
secret suffrage.”
Bantay-Eleksyon 2007 presents this report as its
contribution towards free and fair elections in the
Philippines.
A. Electoral Process
The holding of the 2007 national and local elections
this second Monday of May 2007, is mandated by the
Constitution and RA 7056, the Election Synchronization
Law. To this end, the Commission on Elections issued
Resolution 7707 on August 30, 2006 setting forth the
election calendar of activities and periods of
prohibited acts for the 2007 elections. It also approved
the Key Activity Plan for a manual system of elections
for the 2007 elections.
The major preparatory activities (with milestones) set
by the resolution include the compilation of election
laws, cases and jurisprudence, preparation of election
manual, creation/reactivation of working committees,
inventory of available/serviceable ballot boxes,
preparation of electoral forms, voter education and
information campaign, drafting/approval of resolutions
and guidelines, public bidding of election forms,
supplies and other paraphernalia, delivery of supplies
and materials, printing, verification of forms, filing
of candidacies for all positions, packing and shipping,
preparation/posting of computerized voters list,
campaign, appointment of the Board of Inspectors and
Board of Canvassers, preparation/submission of list of
precincts, seminars and trainings, briefings of BEIs and
BOCs, and inspection of precincts.
In the main, all these preparations were successfully
implemented by the Commission on Elections. Except for
the various failures of elections in some areas of
Autonomous Region of Muslim Mindanao (ARMM) and in some
precincts in Batangas, Cebu, Negros Oriental, and Lanao
del Norte, the elections were held as scheduled.
An estimated 30 million voters voted, out of the
official list of 45.5 million voters, a 66-percent
voting percentage. There were many reports of confusion
and difficulties in matching voters to their precincts,
the presence of numerous ineligible names in the voters
list, disenfranchisement of a significant number of
voters, and questions on the abnormally high percentage
of registered voters compared to the voting population.
There were even reports that the national voters list
issued by the Comelec has a high level of inaccuracy.
The national voters list has lost a lot of credibility
with voters and stakeholders in both 2004 and 2007
elections.
The overseas absentee voting showed a very disappointing
result, with only 504,122 registered voters out of the
possible three million-plus qualified voters. Of this
figure, only 65,699 voted—a measly 14% of total OAV
registered voters. A major effort is needed to turn this
situation around and render credible the whole OAV
concept.
More than 87,000 candidates contested for the following
positions: 12 senators, 220 congressional district
representatives, 55 party-list representatives, 81
provincial governors, 118 city mayors, 770 provincial
board members, 1,510 municipal mayors, 1,314 city
councilors, and 12,092 municipal councilors. The vast
majority of these positions have been filled up.
The canvassing, for the main part, proceeded and
produced proclamations in most places. The election
results were accepted by the people in most places,
although there were pre-proclamation and
post-proclamation protests by losing candidates in many
areas.
As expected, there were a lot of problems regarding the
technical and procedural conduct. These included
printing errors, anomalies in the voter lists, delay in
delivery of election documents, loss of (or stolen)
election documents, shortage and unilateral transfers of
election personnel, including deputies and members of
the Board of Inspectors (BEIs) and Board of Canvassers (BOCs),
insufficient training of election personnel, and
anomalies in handling election documents.
However, a worrying aspect of the conduct of the
electoral process is the crescendo of allegations of
partisanship of election personnel. These were voiced
even before the election period started right up to
post-proclamation period. This indicates a very low
level of trust and the low credibility of the
institution and its personnel not only among the losing
parties and candidates but also among the people
themselves.
The credibility of the results so far in the senatorial
contest (with 11 out 12 winners proclaimed) is high and
nobody contests the results. However, the contest for
the 12th position is proving problematic for the Comelec,
particularly when it chose to canvass the controversial
Maguindanao Certificate of Canvass (COC). This
particular COC has been rejected by all election monitor
for having suspicious provenance and the many questions
on the conduct of elections in the province.
The same uncertainty attends the party-list election,
with no party-list organization being declared winner as
of this time. The announced Comelec decision to use the
Supreme Court-decided “Panganiban formula”1 in
ascertaining the party-list seats each winning
party-list group is entitled is also facing opposition
from some of them.
Bantay-Eleksyon 2007 recorded 295 incidents of various
irregularities in the electoral process and violations
of electoral laws in the areas it monitored. Of these,
119 are election law violations, 74 are cases of
electoral fraud, 64 are cases of election personnel
inefficiency, 43 are cases of electoral violence, 34 are
cases of intimidation, 18 are cases of harassment, and 7
are cases of violation of non-election laws.
As a sample, these figures support the projection of
much higher incidents of irregularities and violations
of election laws. The figures are generally uniform
throughout the country, pointing to the deficiencies of
the electoral system itself, including the
administration of election.
The manual system of election that was implemented in
the 2007 elections has failed to stem the tide of
electoral fraud and other irregularities. The Commission
on Election has a big contributing responsibility in its
laid-back attitude to prosecution of offenders. The
credibility of the entire electoral process is thus
compromised.
B. Political Parties and Candidates
The 2007 elections was generally contested at the level
of coalition for senatorial election (Team Unity (TU)
vs. Genuine Opposition (GO)), at the level of party-list
groups for party-list election, and at the level of
individual candidate for congressional district election
and for local elections. The major national political
parties are Lakas-Christian-Muslim Democrats (Lakas-CMD),
Kabalikat ng Malayang Pilipino (Kampi), Nationalist
People's Coalition (NPC), Laban ng Demokratikong
Pilipino (LDP), Liberal Party (LP), Nacionalista Party
(NP), Partido ng Demokratikong Pilipino (PDP-Laban), and
Partido ng Masang Pilipino (PMP). Independents also ran
for various positions at all levels, except in the
party-list elections.
However, there was no coherence or strict party-lines in
the senatorial coalitions, congressional and local
candidacies. The senatorial coalitions are the nearest
thing to a well-defined administration vs. opposition
line-up. At the local level, a dizzying combination of
parties, coalitions, and independents rule the line-up
without regard to correlation with the national
coalition line-up.
The party system breaks up at these levels. Rampant
turncoatism abounds, even as local candidates openly or
secretly aligns with higher candidates, usually because
of monetary or political support they got.
The party-list system had 93 party-list organizations
vying for the 55 party-list seats available.
Only 11 out of 12 senatorial positions have been filled
with the proclamation of seven Genuine Opposition (GO)
candidates, two Team Unity (TU) candidates, and two
independent candidates. The last slot is still a toss-up
between GO candidate Aquilino Pimentel III and TU
candidate Miguel Zubiri. No winning party-list group has
been proclaimed although at least 15 groups have over
two percent votes already.
For the congressional district representation, almost
all have been filled, except for Lanao del Norte first
district. For governatorial election, only the Cagayan
and Sharif Kabungsuan position is still being contested
with no one proclaimed. At the mayoralty level, almost
all towns have a proclaimed mayor already.
The presence of at least 136 media personalities in the
election has no impact on the results with only a very
few winning in the electoral contest. The era of simple
popularity as basis for electoral victory seems to have
ended in the 2007 elections. The most notable of the
losses are those of movie personalities Tito Sotto,
Richard Gomez, and Cesar Montano in the senatorial race.
However, the vast majority of those won or got reelected
are members of political dynasties. In Congress, it is
estimated that they account for an estimated 75 percent
of the seats.
C. The Electorate
The 66-percent turn-out of the electorate is well below
the 76-percent turn-out in the 2004 elections. The
overseas absentee voting was more disheartening with
only an 18-percent turn-out. The party-list voting
maintained a 40-percent turn-out. It is also of note
that a larger number of domestic absentee voters (75
percent) voted in the 2007 elections.
The lower turn-out usually is related to the midterm
character of the 2007 elections. However, there is a
possibility that the stricter monitoring by citizen
groups prevented the padding of votes in many places.
Field observation reports also reported basically the
same turn-out compared to earlier elections.
There were widespread reports of problems in
precinct-hunting, voter disenfranchisement, and voter
harassment. There were reports of bonafide voters losing
their names in the CVL—with early estimates of at least
100,000 voters being disenfranchised. Hunting of
precincts and names in the CVL frustrated many voters.
There were accusations of a pattern in the mix-up of
voters and precincts favoring certain candidates.
On the whole, a certain level of maturity among the
voters was observed. Specifically, there is an unvarying
report the failure to win of popular figures who do not
have the background or the track record in politics. The
era of winnable candidates based on sheer popularity
appears to have waned.
Unfortunately, the voters did not make much of a dent on
the reign of political dynasties, with the majority of
national and local positions—estimated at more than
75%—still in the hands of various dynasties. However,
there were telling losses by entrenched dynasties in
Nueva Ecija, Pampanga, and other places. In Isabela,
Governor Grace Padaca managed to maintain her position
against the Dy dynasty.
The voters in the 2007 elections showed a clear
partiality against candidates who are identified with
the administration, particularly in the senatorial
contest. This basically favored the Genuine Opposition
slate who won at least 7 of the 12 contested seats and
the rest going to independents or administration
candidates who are not closely identified with
Malacańang.
Though it cannot yet be measures reliably, there are
indications that media and civil society efforts on
citizen-voter education had an effect on a significant
percentage of voters. These efforts were conducted on a
continuing basis, particularly by civil society, and
continued during the 2007 election period.
D. Election Administration
The Commission on Elections, in so far as it undertook
the preparations for and supervision of actual electoral
processes, did its job adequately. Unfortunately, this
is overshadowed by its failings in terms of
transparency, implementation of election laws,
independence and non-partisanship, and efficiency. Its
various immediate attempts at institutional reforms so
far have not produced any significant improvement. This
basically guarantees that its problem of credibility
will not be solved nor alleviated by its conduct in
these elections.
From the start of the 2007 election period, the
Commission on Elections labored under a very low level
of public trust. The last published survey of the 2006
SWS Enterprises Survey conducted from February-April
2006, indicated that the Comelec suffers a -59% net
sincerity rating in fighting corruption.2
Its refusal to conduct an investigation into the
Garcillano affair has also led to many calls for the
resignation of Comelec commissioners, and questions on
its fitness to administer elections.
To its credit, the Comelec initiated some reform
measures in connection with the 2007 elections,
including a code of conduct for its personnel, training
seminars, and modules for guidance of the voters and the
Board of Inspectors. To a certain extent, it also opened
its doors to the public with new websites and
accreditation of various monitors and media people.
In relation to its work, the whole organization worked
successfully to prepare for and conduct the elections as
scheduled in the vast majority of areas nationwide. The
overseas absentee voting registration and voting were
conducted without a hitch.
However, there are areas where the Comelec failed
miserably. The most visible of these is in the areas of
enforcement of election laws. Across the archipelago,
candidates and their campaign people brazenly posted
their campaign materials wherever they see fit, often
before blind eyes of local Comelec officials. Whatever
grandstanding of Comelec officials regarding the common
poster areas, it is a fact that no one has ever been
prosecuted, much less convicted, on this particular
violation.
The use of media was also supposed to be regulated.
Minutes allowed for television and radio had been
limited by the Fair Elections Act. Comelec reinterpreted
this law in the 2007 elections as on a per region basis,
effectively expanding the allowed time. Although this is
a more restrictive policy than the one in the 2004
election which was on a per station basis, still it
permitted senatorial candidates to splurge on TV ads,
endangering the violation of another law on restrictions
on campaign spending. The latter also earned the dubious
distinction of another unenforced law by the Comelec.
The Comelec defended its inaction on election law
enforcement even as it recognized its authority to act
motu propio on cases of violations. Its spokespersons
reason that they require complainants even in motu
propio cases. This laid-back attitude basically points
to a lack of political will on the part of the Comelec
and contributes in a decisive manner to the
proliferation of electoral fraud, electoral violence and
other electoral anomalies that degrade the free and fair
character of the Philippine electoral process and
Philippine democracy itself.
Yet, it is a fact that, in the 2007 elections, many
cases of protests over electoral fraud involve Comelec
officials and personnel. This also contributes in a big
way to the minimal credibility of the institution in
many areas. This also points to the possible
partisanship of Comelec personnel in the actual conduct
of the elections, including canvassing. A case in point
is the proliferation of “honest mistakes” in the various
election documents when questions were raised on their
correlation with election documents from precincts and
municipal or city canvass.
In many cases, it was only the vigilance of the
citizenry that prevented electoral fraud. The Comelec
unfortunately did not perform this function in the main
and in fact became a target for watchdogs itself.
The Commission on Elections plays a decisive role in all
stages of the electoral process. As such, its
performance in the 2007 elections impacts on the whole
process itself.
E. Electoral Fraud
Reports of accusations of electoral fraud in the 2007
elections are a daily staple and do not surprise
anybody. Generally, these accusations come from the
protagonists and form part of various contested
elections. However, reports of actual or possible fraud
have also come from independent monitors from all over
the country.
The gravest area for electoral fraud, in terms of all
the reports, is the Autonomous Region of Muslim Mindanao
(ARMM), particularly the provinces of Maguindanao, Lanao
del Sur, Sulu, and Basilan. There were also reports,
albeit with lower counts, in the Davao provinces,
Cotabato provinces, Batangas, Zambales, Laguna, Nueva
Ecija, Ilocos Sur, Pangasinan, Lanao del Norte,
Pampanga, Isabela, Cagayan, Negros Occidental, and Cebu.
In most reported cases, electoral fraud affects the
local election results, particularly municipal or city
elections. These are usually the basis for the numerous
election protests that have been filed with the Comelec
or the courts.
The level of electoral fraud in the ARMM is such that it
is capable of affecting even national electoral results,
including presidential contests. Accusation with regards
the ARMM implicates election officers, AFP and PNP
personnel, local officials, and even watchdog groups.
The massive “dagdag-bawas” operation on the senatorial
election has not materialized. A possible reason is the
vigilance of the media, monitors and candidates.
However, there is the lingering question with regards
the Maguindanao Certificate of Canvass (COC). There are
already two versions in existence, with no other copy
available for comparison. It may have a decisive impact
on the 12th slot for the senatorial election.
The one thing that stands out are the various loopholes
of the manual electoral system that favors the current
methods of electoral fraud.
F. Electoral Violence
Bantay-Eleksyon 2007 aggregated reports on election
violence as reported by the Philippine National Police
(PNP), media and its own field reports.
It has compiled a total of 300 election-related violent
incidents (ERVIs) during the election period as of June
12, 2007. Of these, Bantay-Eleksyon 2007 classified 85
as murder/ambush, 71 as shooting, 53 as
intimidation/harassment, and 16 as explosion.
There were a total of 129 persons killed and 177 wounded
in these incidents. Of those killed, 34 were incumbents,
politicians, or candidates, 62 were political
supporters, and 5 were Comelec personnel or deputies. A
major percentage of supporters killed were barangay
officials.
The official statistics on election violence in the 2007
elections come from the Philippine National Police
(PNP). The PNP, through the Task Force Honest, Orderly,
and Peaceful Elections (Task Force HOPE), has compiled a
total of 226 election-related violent incidents (ERVIs)
during the election period as of June 12, 2007. The
election period spans the period from January 13, 2007
to June 13, 2007.
Of these incidents, 129 are considered by the PNP as
politically-motivated incidents and 97 as
non-politically motivated or cases still to be
validated. Of the 129 politically-motivated incidents,
the PNP classified 8 as murder/ambush, 57 as shooting,
28 as intimidation/harassment, and 5 as explosion.
The PNP also reported a total of 69 persons killed and
116 wounded in these incidents. Of those killed, 23 were
incumbents, politicians, or candidates, 35 were
political supporters, and 2 were uniformed personnel.
Bantay-Eleksyon 2007 earlier issued a report casting
doubt on the handling of the PNP of their own issued
statistics. As of May 14, 2007, the Philippine National
Police (PNP) had already reported to the media 114
deaths and 132 wounded victims in 191 election-related
violent incidents (ERVIs). Of the 114 deaths, 59 were
identified to be candidates, 55 were supporters. The PNP
issued statements on election day that, despite the
reported incidence of violence “the situation is
generally peaceful except for some untoward incidents”
and “only 30% of the incidents are election related.”
Later, they would only issue the statistics on the
“confirmed” politically-motivated incidents. This
precluded comparison with earlier issuances based on
“election-related violent incidents (ERVIs). The latter
had always been used in previous elections.
Whatever statistics are used, the level of election
violence is alarming. Election violence is rising and
increasingly targets election personalities, whether
candidates, government officials or election officers.
Special mention must also be made of the stifling
atmosphere of fear and intimidation in Maguindanao and
other areas of ARMM where armed men are often reported
in the vicinity of polling places or in connection with
election incidents.
Election violence in the 2007 elections is widespread
and affected elections in many local areas up to the
provincial level. In the ARMM, the level of electoral
violence affects elections in the entire region and can
affect results in the national elections.
General Observations
1.The midterm 2007 elections were generally in
consonance with international criteria for free and fair
elections. Credit is due primarily to the people
themselves who came out and participated in the process
as voters, monitors, media watchdogs, citizen-voter
educators, and citizen arms.
However, there are major areas of concern that threatens
the very existence of free and fair elections in the
Philippines. These are in the areas of election
administration, enforcement of election laws,
prosecution of election offenders, voter registration,
election modernization, political party strengthening,
and citizen-voter education.
2.The Commission on Election conducted the 2007
elections adequately as a whole, particularly in the
area of technical preparations and actual conduct.
However, it sorely lacked the political will to enforce
election laws and punish election violators. Many of its
officials and personnel are under fire for partisanship
and violations of election rules themselves. Its low
level of credibility poses a great danger to the
credibility of the whole electoral process and of the
democratic institutions in general.
3.The ARMM and other specific areas where a
concentration of electoral fraud and electoral violence
happen constitute a special area of concern. These have
developed to the level that they pose a great danger to
the national electoral process in their capability to
affect the national vote. They have grown into a
Frankenstein of the Philippine elections.
4.Though thwarted by citizen vigilance, the machinery
for massive cheating exists on a nationwide scale and
has spread its tentacles to various government agencies,
including the executive department, the military and
police, and even the Comelec itself. This machinery,
with tie-ups to power local political dynasties, poses a
threat to the whole electoral process.
5.Political dynasties currently control much of the
political levers of power in many areas of the country.
In the 2007 elections, they have been able to maintain
themselves, by fair or foul means, even though there are
signs of new non-dynastic politics in some areas. The
continued weak condition of the political parties is a
main contributor to dynasty rule.
6.The electorate are on the way to political maturity.
This translates to more political participation in the
electoral process. However, a lot still has to be done
in this direction, particularly in citizen-voter
education.
7.The manual method of election has shown (again!) its
major shortcomings in the context of fiercely-fought
Philippine elections. Many of the irregularities and
electoral fraud are directly traceable to various
loopholes and weaknesses of this system.
8.The party-list election, after four elections since
its inception in the 1998 elections, has still to
attract the participation of the majority of Filipino
voters. A considerable effort needs to be done, both in
amending the law and in voter education, in order for
this system to be useful in fulfilling its mandated role
in bringing marginalized and underrepresented sectors to
Congress. As it was in the 2007 elections, the
party-list system has become a vehicle for political
dynasties and unscrupulous people to enter the halls of
power.
9.The overseas absentee voting has progressed backwards
in the 2007 elections. Its registration increased by
only a small amount and the actual voters of the system
has substantially remained the same. These points to the
requirement to revisit the law and to measures to
educate the overseas Filipinos on the whole system.
10.The political issue of presidential legitimacy
overshadowed the 2007 elections. It has affected even
the very decision to hold the elections because of
frenzied efforts to change the constitution and replace
the presidential system with a parliamentary one. It
also became a referendum on the issue, particularly with
regards the senatorial elections and the election in key
local areas. The administration has so far accepted with
grace the unequivocal verdict of the people though there
are attempts on a lower level to influence the outcome
of the elections.
Recommendations
1.The Commission on Elections need to be revamped from
top to bottom as the vital first step in bringing back
the credibility of the institution and reform the
electoral system. Among the first steps here is the
appointment of four new, competent commissioners with
reputation for integrity, have management skills, and
capability for undertaking reforms. It is also necessary
to weed out political appointees who do not have the
necessary impartiality or skill competency for the work
of the Comelec. There isfiles/BE%20Report%20on%20the%202007%20Electionszation, raise
salaries, promote on merits, and conduct necessary
trainings of Comelec personnel.
2.Election modernization should be implemented. This
means the implementation of an automated election system
in time for the 2010 elections, modernization of Comelec
infrastructure, and training of Comelec personnel and
public education on the modernized system.
3.The political party reform bill should be passed by
congress immediately so as to strengthen the political
party system.
4.The party-list law should be amended in the light of
lessons learned not only in the 2007 elections but in
earlier elections.
5.The overseas absentee voting law needs to be revisited
to ensure its full implementation in the next elections.
Measures to educate overseas Filipinos should also be
devised and carried out.
6.The Omnibus Election code should be amended to reflect
the requirements of election modernization as well as to
address the weaknesses and loopholes of the present
electoral laws.
7.The Comelec should be given the necessary capability
to enforce election laws and prosecute election
violators.
8.There should be a major initiative to address the
problems of anomalous election practices in ARMM and
elsewhere and the phenomenon of massive and organized
cheating.
9.The problem of election violence needs to be addressed
and effectively stopped in a systematic manner.
10.Citizen participation in the electoral process should
be heightened and made on a continuing basis in order to
make effective Philippine democracy.
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