Recommendations, Bills and Government Agenda on Political

and Electoral Reform

The Davide Report

The report is a list of recommendations on electoral reform submitted by Retired Chief Justice
Hilario Davide, Jr. to President Arroyo. The comprehensive report deals not only with the
operations of the Commission on Elections but also covers possible amendments to the
Constitution and proposed congressional amendments to the Omnibus Election Code. It also
proposes executive initiatives to improve public awareness about their role in bringing about
credible and meaningful elections.

• For the Comelec

o Amend Rules of Procedures to allow for: (a) mandatory raffle of cases; (b)
mandatory deliberation (en banc or division) of a case before the assignment to a
ponente for the writing of opinion; (c) shorter periods for the availment of
remedies for a more expeditious disposition of cases; (d) a new rule abolishing
the municipal canvass of election returns insofar as national candidates are
concerned.
o Undertake capacity-building programs to professionalize its senior staff and
improve its internal management processes.
• Amendment of the Constitution
o to fix the term of office of Members of the House of Representatives and
provincial, city and municipal elective officials to four (4) years.
o to de-synchronize the elections and hold, as a consequence, national and
local elections on different dates.
o to ban the appointment of elective local officials and Members of the
House of the Representatives to any public office during the term for
which they were elected.
o to ban the appointment of Senators to any public office within three (3)
years from their election for a particular term.
o to prohibit political dynasties (clear definition of which should already be
made instead of definition being left to Congress) and to provide harsh
sanctions for violations.
o to prohibit elective public officials from changing their party affiliation
during the term for which they were elected and provide harsh sanctions
for violations.
o to adopt certain electoral reforms proposed by the Consultative
Commission: develop the party system; develop two major political
parties; provide financial assistance to the political parties on the basis of

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 their share of the votes cast; and prohibit financial contributions from
foreign governments.
• Legislative amendments to the Omnibus Election Code
o Higher penalties must be imposed for election offenses and that the penalty of
imprisonment shall be restored for these offenses.
o Fix a certain period within which regular courts, in the exercise of original or
appellate jurisdiction, shall decide election cases.
• The Department of Education must include in its curriculum a subject on elections.
• A Committee on Electoral Reforms composed of representatives from the Office of the
President, Philippine Senate, House of Representatives, and the Comelec must be
created.

The Medium-Term Philippine Development Plan (MTPDP)

The basic task of the Medium-Term Philippine Development Plan (MTPDP), 2004- 2010 is to
fight poverty by building prosperity for the greatest number of the Filipino people. The country
must open up economic opportunities, maintain sociopolitical stability, and promote good
stewardship—all to ensure better quality of life of its citizens. The country will focus on strategic
measures and activities, which will spur economic growth and create jobs. This can only be
done with a common purpose to put the economic house back in working order. It is the 10-
point legacy of the Arroyo administration by 2010. Included in the MTPDP is the automation of
elections and constitutional reforms.

• Automated Elections
o The conduct of elections in the Philippines for the past four decades has
remained largely unchanged. Philippine elections rely heavily on manual tallying
and canvassing of votes thus making them vulnerable to control and
manipulation by traditional politicians and those with vested interests. The cost of
winning an elective post is highly expensive and the absence of mechanisms to
check and limit sources of campaign funds become fertile grounds for corruption
and divisiveness.
o In recent years, initiatives to reform the electoral system included the enactment
of the following laws: Republic Act (RA) 8046, establishing a pilot program
modernizing the registration and vote counting process in the Autonomous
Region in Muslim Mindanao, the Party List Law, Fair Elections Act and the
Absentee Voting Act. To address the inadequacies and limitations of the electoral
process, RA 8436 or the Election Automation Act of 1997, was passed
authorizing the Commission on Elections (COMELEC) to use automated election
system for vote counting and canvassing in the national and local polls. The law
provided for the generation of a national computerized voters list, establishment
of a voters identification card system and the automation of the vote counting.
o However, sectoral issues still hinder reform efforts in the electoral process. The
following have been identified as basic problems afflicting the electoral system:
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 (a) outdated electoral process; (b) failure to implement the electoral
modernization law; (c) limited administrative and regulatory capabilities of the
COMELEC; (d) ineffective educational/information campaigns on new laws and
policies; (e) weak political party system; (f) unaccountable political financing; and
(g) defective party list system (Governance Assessment, 2003).
o To ensure a credible and transparent electoral process, the modernization of the
electoral system through computerization shall be supported to ensure the
credibility of polls and correct the deficiencies in the electoral system. Likewise,
the Omnibus Election Code shall be further revised and amended to respond to
the needs of the present electoral system.
o Measures to strengthen the party system and regulate the activities of political
parties shall be created. State financing of political parties shall also be
considered through the passage of the Campaign Finance Bill.
o The COMELEC’s capacity to raise the level of political discourse and educate
citizens regarding their right to vote will be enhanced. This will be done through
conduct of continuing citizen and voter education through partnership with civil
society groups and other government institutions. The electorate must be
empowered with information that would help them vote intelligently. The
challenge is to develop the people’s appreciation of their vote as a means to
reform the government and receive better services from it. Part of this challenge
is the need to raise the awareness of the electorate on relevant issues and the
corresponding platforms of the candidates, if the country is to shift from the
politics of personality to the politics of party programs.
• Constitutional Reforms
o The reassessment of the Constitution through a Constitutional Convention to
implement the needed structural and systemic reforms in political institutions and
in the electoral and political party systems is imperative. The reassessment may
include: (a) shift from the current presidential form of government with its
separation of powers between the executive and legislative to a unicameral
parliamentary form of government that would unify and coordinate those two
functions in the parliament; (b) change from the present centralized unitary
system to a decentralized federal system; (c) structural and functional reforms
affecting the electoral and political party systems; and (d) defining political
dynasties and making the Constitutional prohibition against political dynasties
selfexecutory.
o Fusing the powers of the executive and legislative in a unicameral parliamentary
system would reduce if not totally eliminate delays in legislation and policy-
making. As such, development efforts and other poverty reduction initiatives
would be immediately acted upon. A unicameral parliament will likewise make
law-making simpler and more efficient by doing away with duplication of effort in
a two-chamber legislature.
o This basic change shall be accompanied by meaningful political reforms,
particularly a law on political parties. This would spur the rehabilitation of societal
organizations and mass movements, and clean up of our electoral processes.
Measures to subsidize political parties in the margins of competition wil be
promoted to diminish the influence of moneyed power brokers in the electoral
process. This will also assist the parties in advocating public issues and
reasonable options for the nation’s future.

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 o The structural and functional reforms affecting the electoral system and political
party system shall be pursued to create the fertile ground for true reforms. The
politics of personality and patronage must give way to a new politics of party
programs and a process of institutionalized consultations with the people.
o The shift from unitary system to federal system would remove the centralized
structures and systems that impose and sustain local dependence and stifle local
initiative and resourcefulness. Federalism is not merely a political form. It will
have implications on the political economy of the nation. The new structures and
processes and responsibilities under a federal setup will challenge and energize
local governments and cultural communities to effectively deal with local poverty,
unemployment, inadequate social services and infrastructures, and low
productivity. Decentralization of progress and development to the countryside will
thus be achieved. Nonetheless, the issue of economic viability and the
preparedness of component states under a federal setup shall be addressed.
o The country now lives in a global economy, closely interconnected by trade and
investments. Thus, government should also be able to effect fundamental
reforms and changes in the restrictive Constitutional provisions on national
economy and patrimony to bring in investment that will create jobs and
opportunities and eventually reduce poverty.
o Specifically, the Constitutional preference to Filipinos in the granting of rights,
privileges, and concessions on national economy and patrimony and in certain
economic activities shall be reviewed. A categorical definition and scope of the
national patrimony shall also be provided.
o The identification and/or strengthening of appropriate regulatory frameworks,
safeguard mechanisms, conditions and limitations shall accompany the changes
in the economic provisions of the Constitution.

Senate Bills on Political and Electoral Reforms (14th Congress)

• Senate Bill No. 2616, ANTI-POLITICAL RECOMMENDATIONS ACT, Filed on

September 15, 2008 by Defensor Santiago, Miriam - AN ACT TO PROHIBIT THE USE,
SOLICITATION AND OFFER OF RECOMMENDATIONS FOR PURPOSES OF
APPOINTMENT, PROMOTION, ASSIGNMENT, TRANSFER, OR DESIGNATION,
INTERIM OR OTHERWISE, OF PUBLIC OFFICER OR EMPLOYEE - Pending in the
Committee (9/16/2008)

• Senate Bill No. 2327, PRESIDENTIAL ELECTION CAMPAIGN FUND ACT, Filed on
May 27, 2008 by Pangilinan, Francis N. - AN ACT PROVIDING FOR THE
ESTABLISHMENT OF A PRESIDENTIAL CAMPAIGN FUND FOR PAYMENT OF THE
APPROPRIATE AND ALLOWED EXPENDITURES OF POLITICAL PARTIES AND
POLITICAL COMMITTEES IN PRESIDENTIAL AND VICE PRESIDENTIAL
ELECTIONS AND ESTABLISHING PENALTIES FOR VIOLATIONS THEREFOR -
Pending in the Committee (5/27/2008)

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 • Senate Bill No. 2108, REQUIREMENT OF PUBLICITY AND MALICE DISCUSSION OF
ANY MATTER OF PUBLIC CONCERN, Filed on March 4, 2008 by Gordon, Richard
"Dick" J. - AN ACT PRESCRIBING DIFFERENT PENALTIES FOR POLITICAL AND
PRIVATE LIBEL, AMENDING ARTICLE 354 AND 361 OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, FOR THIS
PURPOSE - Pending in the Committee (3/5/2008)

• Senate Bill No. 2071, INFORMED ELECTORATE ACT OF 2007 Filed on February 12,
2008 by Defensor Santiago, Miriam - AN ACT GIVING EQUAL ACCESS TO RADIO
AND TV ADS FOR CANDIDATES DURING THE ELECTION PERIOD, SIMPLIFYING
AND PROFESSIONALIZING POLITICAL ADVERTISEMENTS AND
INSTITUTIONALIZING POLITICAL DEBATES TO PROPERLY INFORM THE
ELECTORATE DURING THE ELECTION PERIOD - Pending in the Committee
(2/13/2008)

• Senate Bill No. 1665, AMENDING OMNIBUS ELECTION CODE RE CONDUCTING

FUND-RAISING ACTIVITIES FOR POLITICAL PURPOSES, Filed on October 2, 2007
by Defensor Santiago, Miriam - AN ACT AMENDING BATAS PAMBANSA BLG. 881, AS
AMENDED, OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE OF THE
PHILIPPINES, SECTION 97, ON CONDUCTING FUND-RAISING ACTIVITIES FOR
POLITICAL PURPOSES - Pending in the Committee (10/2/2007)

• Senate Bill No. 1633, ANTI-POLITICAL TURNCOATISM ACT OF 2007, Filed on

September 24, 2007 by Defensor Santiago, Miriam - AN ACT DEFINING AND
PUNISHING POLITICAL TURNCOATISM - Pending in the Committee (9/25/2007)

• Senate Bill No. 1468, ANTI-POLITICAL DYNASTY ACT OF 2007, Filed on August 14,
2007 by Lacson, Panfilo M. - AN ACT PROHIBITING THE ESTABLISHMENT OF
POLITICAL DYNASTIES - Pending in the Committee (9/17/2007)

• Senate Bill No. 1322, PROTECTION FROM INVOLUNTARY COLLECTION ACT, Filed
on July 24, 2007 by Defensor Santiago, Miriam - AN ACT TO PROTECT INDIVIDUALS
FROM HAVING THEIR MONEY INVOLUNTARILY COLLECTED AND USED FOR
POLITICAL ACTIVITIES BY A CORPORATION, ORGANIZATION OR GROUP -
Pending in the Committee (9/11/2007)

• Senate Bill No. 1258, CODE OF PROFESSIONAL STANDARDS FOR POLITICAL

PUBLIC RELATIONS, Filed on July 18, 2007 by Defensor Santiago, Miriam - AN ACT
PROVIDING FOR THE CODE OF PROFESSIONAL STANDARDS FOR THE
PRACTICE OF POLITICAL PUBLIC RELATIONS - Pending in the Committee
(9/10/2007)

• Senate Bill No. 647, GENDER BALANCE IN POLITICAL PARTICIPATION AND

REPRESENTATION ACT, Filed on July 3, 2007 by Ejercito-Estrada, Jinggoy P. - AN
ACT INCREASING WOMEN’S PARTICIPATION IN ELECTIVE AND APPOINTIVE
POSITIONS IN GOVERNMENT - Consolidated/Substituted in the Committee Report
(6/11/2008)

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 • Senate Bill No. 587, POLITICAL PARTY DEVELOPMENT ACT OF 2007, Filed on July
2, 2007 by Ejercito-Estrada, Jinggoy P. - AN ACT STRENGTHENING THE POLITICAL
PARTY SYSTEM, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES - Pending in the Committee (8/22/2007)

• Senate Bill No. 309, PROTECTION FROM INVOLUNTARY COLLECTION ACT, Filed
on July 2, 2007 by Ejercito-Estrada, Jinggoy P. - AN ACT TO PROTECT INDIVIDUALS
FROM HAVING THEIR MONEY INVOLUNTARY COLLECTED AND USED FOR
POLITICAL ACTIVITIES BY A CORPORATION, ORGANIZATION OR GROUP -
Pending in the Committee (8/7/2007)

• Senate Bill No. 147, POLITICAL TURNCOATISM, Filed on June 30, 2007 by Gordon,
Richard "Dick" J. - AN ACT DEFINING AND PUNISHING POLITICAL TURNCOATS
AND OPPORTUNISTS - Pending in the Committee (7/30/2007)

• SBN-2223: Voters Registration Act (Amendments), Filed on April 29, 2008 by Defensor
Santiago, Miriam - VOTERS REGISTRATION ACT (AMENDMENTS) AN ACT
REQUIRING PERSONS WHO MAY REGISTER AS VOTERS TO PESENT ANY
PROOF OF LEGAL RESIDENCE, AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 8189, OTHERWISE KNOWN AS THE VOTERS REGISTRATION ACT OF 1996
AND PROVIDING PENALTIES THEREFOR - Pending in the Committee (4/30/2008)

• SBN-1286: C.C.Form No. 13 Format Revision, Making It Similar and Comprehensive to

the Election Returns, Filed on July 18, 2007 by Defensor Santiago, Miriam - AN ACT
REQUIRING THE PREPARATION AND ISSUANCE OF THE CERTIFICATE OF
VOTES AS REPLICA OF THE ELECTION RETURNS AND PRESCRIBING A REVISED
C.E. FORM NO. 13, AMENDING FOR THAT PURPOSE SECTION 215 OF THE
OMNIBUS ELECTION CODE, AS AMENDED BY R.A. NO. 6646, SECTION 16 -
Pending in the Committee (9/10/2007)

• SBN-1253: Comelec Duly Authorized Volunteers in Lieu of Teachers Should Serve

During Election Period, Filed on July 18, 2007 by Pangilinan, Francis N. - AN ACT
AMENDING SECTION 13 OF REPUBLIC ACT NO. 6646, OTHERWISE KNOWN AS
‘THE ELECTORAL REFORMS LAW OF 1987’, TO REMOVE THE MANDATE FROM
PUBLIC SCHOOL TEACHERS TO SERVE AS MEMBERS OF THE BOARD OF
ELECTION INSPECTORS AND FOR OTHER PURPOSES

• SBN-503: Extra Safeguards in the Custody/ Distribution of Official Ballots and Election
Returns, Filed on July 2, 2007 by Ejercito-Estrada, Jinggoy P. - AN ACT AMENDING
SECTION 186 OF BATAS PAMBANSA BLG. 881, OTHERWISE KNOWN AS THE
OMNIBUS ELECTION CODE OF THE PHILIPPINES, AS AMENDED, AND FOR
OTHER PURPOSES - Pending in the Committee (8/21/2007)

• SBN-1975: Code of Conduct for Elections, Filed on December 18, 2007 by Defensor
Santiago, Miriam - AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL

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 STANDARDS FOR THE ELECTORAL PROCESS, ENUMERATING PROHIBITED
ACTS, AND PROVIDING FOR THEIR PENALTIES

• SBN-531: Electoral Fraud, Filed on July 2, 2007 by Ejercito-Estrada, Jinggoy P. - AN

ACT TO AMEND ARTICLE XXII, SECTION 261 (DD) OF BATAS PAMBANSA BLG.
881, OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE OF THE
PHILIPPINES, AS AMENDED, TO INCLUDE OTHER FORMS OF ELECTORAL
FRAUD, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES

• SBN-358: Electoral Fraud (Omnibus Election Code), Filed on July 2, 2007 by Ejercito-
Estrada, Jinggoy P. - AN ACT TO AMEND ARTICLE XXII, SECTION 261 (DD) OF
BATAS PAMBANSA BLG. 881, OTHERWISE KNOWN AS THE OMNIBUS ELECTION
CODE, AS AMENDED, TO INCLUDE OTHER FORMS OF ELECTORAL FRAUD,
PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES - Pending in
the Committee (8/13/2007)

House Bills on Political and Electoral Reforms (14th Congress)

• HB01277 - Date Filed: 2007-07-24 / Full Title: AN ACT TO PROHIBIT THE

ASSIGNMENT OR CONTINUANCE IN AN ASSIGNMENT OF CERTAIN OFFICIALS
OF THE COMMISSION ON ELECTIONS IN JURISDICTIONS WHERE THEY ARE
RELATED BY CONSANGUINITY OR AFFINITY, WITHIN THE FOURTH CIVIL
DEGREE, TO ANY INCUMBENT ELECTIVE PUBLIC OFFICIAL OR ANY CANDIDATE
FOR A PUBLIC OFFICE AND FOR OTHER PURPOSES by VILLAFUERTE, LUIS R.
Date Read: 2007-08-06 Abstract: The bill prohibits the assignment to or continuance in
any assignment of election officers or registrars in jurisdiction where an incumbent public
official is related to him by blood or by affinity. - Pending with the Committee on
SUFFRAGE AND ELECTORAL REFORMS since 2007-08-06.

• HB00783 - Date Filed: 2007-07-05 / Full Title: AN ACT PROHIBITING THE

ESTABLISHMENT OF POLITICAL DYNASTY / Short Title: "Anti-Political Dynasty Act of
2007 / Date Read: 2007-07-31 / Abstract: "Anti-Political Dynasty Act of 2007". The bill
aims to disqualify a person who has a political dynasty relationship with an incumbent
elective official from running for any elective public office within the same city and/or
province where the incumbent elective official is also running. / Bill Status: Pending with
the Committee on SUFFRAGE AND ELECTORAL REFORMS since 2007-07-31

• HB02493 - Date Filed: 2007-09-11 / Full Title: AN ACT PROHIBITING THE

ESTABLISHMENT OF POLITICAL DYNASTIES / Principal Author: OCAMPO, SATUR
C. Date Read: 2007-09-19 / Abstract: The bill prohibits the spouse or any person related
within the second degree of consanguinity or affinity, whether legitimate or illegitimate,
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 full or half-blood to an incumbent elective official seeking re-election, to hold or run for
any elective office in the same province in the same election. / Bill Status: Pending with
the Committee on SUFFRAGE AND ELECTORAL REFORMS since 2007-09-19

• HB00124 - Date Filed: 2007-07-02 / Full Title: AN ACT STRENGTHENING THE

POLITICAL PARTY SYSTEM, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES / Short Title: "The Political Party Development Act of 2007" /
Principal Author: ANGARA, JUAN EDGARDO M. / Date Read: 2007-07-24 / Abstract:
"The Political Party Development Act of 2007". The measure seeks to reform the
orientation of our political parties so as to veer away from the concept of traditional
politics and to discourage "turncoatism". It also seeks the creation of a party
development fund that shall provide subsidy to political parties of national character for
their operational expenses and party building activities. / Bill Status: Substituted by
HB03655 / Mother Bill Status: Printed copies distributed to members on 2008-04-29

• HB04332 - Date Filed: 2008-06-11 - Full Title: AN ACT DEFINING AND PUNISHING
POLITICAL TURNCOATISM / Short Title: "Anti-Political Turncoatism Act of 2008" /
Principal Author: SANTIAGO, NARCISO III D. / Date Read: 2008-07-29 / Abstract:
Prohibits elective public officials from changing political party affiliation during his term of
office. Also prohibits candidates for elective public office from changing political party
affiliation within one year immediately preceding or following an election. / Bill Status:
Pending with the Committee on SUFFRAGE AND ELECTORAL REFORMS since 2008-
07-29

• HB04370 - Date Filed: 2008-06-12 / Full Title: AN ACT AMENDING CERTAIN

SECTIONS OF REPUBLIC ACT NO. 7941, OTHERWISE KNOWN AS THE "PARTY-
LIST SYSTEM ACT" / Principal Author: OCAMPO, SATUR C. / Date Read: 2008-07-29 /
Abstract: Establishes a clear formula to fill up all seats allocated for party-list groups.
Proposes the adoption of a moving qualifying threshhold instead of the fixed 2%
threshold. Also proposes the removal of seat capping. / Bill Status: Pending with the
Committee on REVISION OF LAWS since 2008-07-29

Comelec Modernization

• Comelec’s Mission is to ensure the continuing development of free, orderly, honest,

peaceful and credible electoral processes. Thus, it must ensure

• The formulation, together with congress, of a FLEXIBLE LEGAL FRAMEWORK

that will allow the Commission to operate on a broad constitutional base;

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 • The SYSTEMATIZATION OF THE PRESENT METHOD OF REGISTRATION
towards the creation of a clean, complete, permanent and updated national list of
voters;

• The MODERNIZATION OF THE ELECTORAL PROCESS from the voting to

proclamation to reduce the risk of human error or fraud and speed up the
process of arriving at and releasing election results;

• The conduct of a CONTINUING ELECTION EDUCATION CAMPAIGN to

improve the quality of a citizen involvement in the electoral processes, ensure the
election of quality leaders and set in motion a system for periodic assessment of
their performance;

• The design and operationalization of a MANAGEMENT INFORMATION or

information technology SYSTEM to establish an election data bank and thereby
facilitate decision-making;

• The UPGRADING OF FACILITIES AND EQUIPMENT to ensure the speedy

delivery of services;

• The DECENTRALIZATION of certain functions being performed by the central

office to the different regional offices, and the REORGANIZATION of the
Commission's structure for efficient delivery of services; and

• The DEVELOPMENT AND MOTIVATION OF COMELEC PERSONNEL to

professionalize the existing manposer corps, attract competent professionals and
develop a corporate culture of competence and integrity.

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