Elections are fundamental to a republic. They are the primary way citizens choose their leaders and participate in shaping the future of their nation. The Philippines, with its rich and often turbulent history, has seen its electoral systems evolve significantly since gaining full independence. Understanding these changes means looking closely at the practices, laws, and challenges encountered during different periods of the Republic.
This article will take a deep dive into the electoral landscape of the Philippines, focusing specifically on the practices and systems used during the Third Republic (post-independence to Martial Law), the period under Martial Law, and the current Fifth Republic. By comparing these eras, we can gain valuable insights into the progress, setbacks, and enduring issues facing Philippine democracy.
Foundations of Philippine Electoral Systems: A Look Before the Third Republic
Before we jump into the post-independence period, it’s helpful to briefly look back at how the Philippines started practicing elections, primarily under American rule. The First Philippine Republic (1899-1901), established under the Malolos Constitution, did hold elections for its legislative body (the Malolos Congress) and presidency, but this was a brief period during a time of war. The electoral base was limited.
The American colonial period introduced more widespread, though initially restricted, elections. The Philippine Organic Act of 1902 authorized the creation of the Philippine Assembly, elected by qualified Filipino voters. Suffrage was limited by property ownership and literacy requirements, mostly benefiting the educated and wealthy elite. Over time, these restrictions were gradually eased. The Jones Law of 1916 promised eventual independence and created a bicameral legislature (Senate and House of Representatives), both elected by Filipinos. The Commonwealth period (1935-1946), under the 1935 Constitution, saw the establishment of institutions and practices that would carry over into the independent Republic. Universal male suffrage was introduced, and later, suffrage was extended to women in 1937 after a plebiscite.
The 1935 Constitution laid down the basic structure for the government and elections that would be largely adopted by the Third Republic. It established a presidential system with a bicameral Congress. The Commission on Elections (COMELEC) was created in 1940 as an independent body to ensure free and honest elections, a crucial step in trying to safeguard the electoral process.
Electoral Systems in the Third Republic (1946-1972)
The Third Republic began on July 4, 1946, when the Philippines gained full independence from the United States. The 1935 Constitution served as the foundational law, governing the structure of government and the conduct of elections during this period.
The electoral system was primarily based on plurality rule, also known as “first-past-the-post.” In presidential and vice-presidential elections, the candidate with the highest number of votes nationwide won. For legislative seats:
- Senate: Senators were elected at large, meaning candidates ran for one of the available seats (initially 24) contested nationwide. Voters cast votes for individual candidates up to the number of vacant seats. The candidates with the highest votes across the entire country won. This system favored well-known national figures and political machines.
- House of Representatives: Representatives were elected by district. The country was divided into legislative districts, and voters in each district elected one representative based on who got the most votes within that specific district.
Suffrage during the Third Republic was largely based on the provisions of the 1935 Constitution, as amended. It generally required Filipino citizenship, a certain age (initially 21, later lowered to 18), and residency. The literacy requirement, a remnant from the American period, was still in place for some time but its enforcement varied and it was eventually removed. The significant expansion of suffrage under the Commonwealth, including for women, was carried over.
Practice and Challenges in the Third Republic
Elections in the Third Republic were vibrant but often plagued by significant problems. Political parties, primarily the Nacionalista Party and the Liberal Party, dominated the landscape. Campaigning involved rallies, propaganda, and extensive use of radio and print media.
The COMELEC played a critical role, tasked with enforcing election laws, registering voters, overseeing voting, and canvassing results. However, it faced immense challenges, including:
- Vote Buying and Selling: This was a pervasive issue, undermining the integrity of the vote.
- Electoral Fraud: Practices like flying voters (people voting in multiple precincts), padded voter lists, tampering with ballots, and manipulating counting were common complaints.
- Violence and Intimidation: Elections were often marred by political violence, including assassinations and clashes between supporters of rival candidates, particularly at the local level.
- Power of Political Machines: Political dynasties and strong party organizations often dictated election outcomes through patronage, resources, and control over local officials.
Despite these challenges, the Third Republic did witness several peaceful transfers of power through elections, a testament to the democratic aspirations of the Filipino people. Presidents were elected and succeeded each other according to the constitutional calendar. The 1953 election, where Ramon Magsaysay won overwhelmingly, is often cited as an example of a relatively cleaner election driven by popular will against entrenched political interests, partly due to civil society vigilance like the National Movement for Free Elections (NAMFREL).
However, the persistent issues of fraud, violence, and the dominance of political elites fueled growing dissatisfaction and provided a backdrop for the political instability that led to the declaration of Martial Law in 1972.
Key Features of Third Republic Electoral Practice
- Constitutional Basis: 1935 Constitution.
- System: Plurality rule for all positions. At-large voting for Senators, district voting for Representatives.
- Suffrage: Broader than colonial era, included women, age 21 (later 18), literacy requirements gradually faded.
- Key Institution: COMELEC, established to be independent but faced pressure.
- Dominant Parties: Nacionalista and Liberal Parties.
- Practices: Manual voting and counting, rallies, media campaigns.
- Major Challenges: Widespread fraud, vote buying, violence, political dynasties.
Let’s summarize some key aspects of the Third Republic’s electoral system in a table:
| Feature | Description |
|---|---|
| Governing Law | 1935 Constitution |
| Presidential/VP | Elected by national popular vote (Plurality) |
| Senate | Elected at-large (nationwide), Plurality |
| House of Reps | Elected by district, Plurality |
| Suffrage | Universal (Male & Female), age 21 (later 18), residency, literacy requirement existed initially |
| COMELEC | Independent body, established 1940 |
| Counting Method | Manual |
| Key Challenges | Fraud, vote buying, violence, political dynasties |
Electoral Practices Under Martial Law (1972-1986)
On September 21, 1972, President Ferdinand Marcos declared Martial Law. This period drastically altered the political landscape, including the electoral system and practice. While traditional elections for national office were suspended for several years, Marcos eventually held controlled elections and referendums to legitimize his rule under a new constitution.
The 1973 Constitution, ratified under controversial circumstances during Martial Law, introduced a parliamentary-style government, though this was later amended back to a presidential system under Marcos’s control. Elections during this time were not held under the conditions of a free and open democracy as known in the Third Republic.
Controlled Elections and Referendums
Instead of regular presidential and legislative elections initially, Marcos relied on referendums to approve his actions and the new constitution. These referendums were criticized for lacking genuine choice and transparency, often held under conditions of fear and limited freedom of expression.
Legislative elections for the Interim Batasang Pambansa (Interim National Assembly) were held in 1978, followed by the regular Batasang Pambansa (National Assembly) in 1984. While opposition parties did participate, the playing field was heavily tilted in favor of Marcos’s Kilusang Bagong Lipunan (KBL) party. The government controlled media, limited opposition campaigning, and allegations of fraud were rampant. These were not free and fair elections by democratic standards.
A key moment was the 1986 Snap Presidential Election. Called by Marcos amidst growing dissent and international pressure, this election pitted him against Corazon Aquino, the widow of assassinated opposition leader Benigno “Ninoy” Aquino Jr. Despite widespread reports of massive fraud and manipulation favoring Marcos, the official COMELEC tally showed him winning. However, the parallel count by NAMFREL showed Aquino leading. This blatant discrepancy, combined with the walkout of COMELEC computer technicians protesting the manipulation of results, further eroded the legitimacy of the electoral process and became a major catalyst for the People Power Revolution.
Suffrage requirements generally remained similar to the late Third Republic (age 18, citizenship, residency), but the meaning of the vote changed drastically in a system where the executive controlled the process.
Characteristics of Martial Law Electoral Practice
- Constitutional Basis: 1973 Constitution (amended).
- System: Elections were held for a unicameral legislature (Batasang Pambansa) and later a presidential election, but under heavy executive control. Plurality rule was still used technically.
- Suffrage: Similar requirements (age 18, etc.), but context of voting changed.
- Key Institution: COMELEC existed but was seen as subservient to the executive.
- Dominant Party: Kilusang Bagong Lipunan (KBL).
- Practices: Referendums, controlled legislative elections, snap presidential election.
- Major Challenges: Severe lack of freedom, state-sponsored fraud, intimidation, media control, absence of a level playing field.
The electoral exercises during Martial Law were primarily tools used by the regime to create a veneer of legitimacy, rather than genuine expressions of the people’s will.
Electoral Systems in the Fifth Republic (1987-Present)
The EDSA People Power Revolution in February 1986 ended the Marcos regime and ushered in the Fifth Republic. The 1987 Constitution was drafted and ratified, serving as the new fundamental law. This constitution aimed to restore democratic institutions and include safeguards against the abuses of the past, including provisions related to elections.
The 1987 Constitution largely retained the presidential system and a bicameral Congress (Senate and House of Representatives), with elections held regularly as mandated.
System under the 1987 Constitution
- President and Vice-President: Elected by national popular vote using plurality. They are elected separately, meaning they can come from different political parties.
- Senate: Still elected at large. Currently, 24 senators serve six-year terms, with 12 elected every three years. The top 12 candidates nationwide win. This system continues to favor national prominence.
- House of Representatives: This is where a significant change was introduced. The 1987 Constitution mandates a mix of district representation and a party-list system.
- District Representatives: The majority of representatives are elected by district, similar to the past, using plurality rule within each district.
- Party-List Representatives: Up to 20% of the total number of representatives are allocated to party-list groups. These groups represent marginalized sectors or national interests (e.g., labor, farmers, women, youth). Voters cast a separate vote for a party-list organization. Seats are allocated based on the percentage of the national vote received by each accredited party-list group, with a 2% threshold to gain a seat and a cap of three seats per party-list. This system was intended to broaden representation beyond geographical districts and traditional politicians.
Suffrage in the Fifth Republic is universal for Filipino citizens aged 18 and above, residing in the Philippines for at least one year and in their voting district for at least six months. The literacy and property requirements were fully removed. The right to vote is explicitly protected and encouraged, including provisions for absentee voting for certain groups.
The COMELEC was reconstituted and given more robust constitutional powers and independence to be the sole body responsible for the administration of elections, referendums, plebiscites, and recall votes. Its independence is a key feature intended to prevent executive interference witnessed during Martial Law.
Practice and Challenges in the Fifth Republic
Elections in the Fifth Republic are regular, hotly contested events. Campaigning utilizes all forms of media – traditional (TV, radio, print), digital (social media, online ads), and traditional rallies. Political parties proliferate, though many are personality-driven or regional, and party switching remains common. Political dynasties continue to play a very significant role in both national and local elections.
While the formal system is democratic, many challenges from previous eras persist alongside new ones:
- Vote Buying/Selling: Remains a significant issue, often becoming more sophisticated.
- Electoral Fraud: While automated elections (discussed below) have reduced some forms of fraud (like manual tampering), new vulnerabilities exist, and allegations persist, especially at the local level.
- Political Violence: Still occurs, particularly during local elections in certain areas.
- Political Dynasties: Their continued dominance limits opportunities for new leaders and concentrates power.
- Campaign Finance: Lack of strict regulation and enforcement regarding campaign spending allows wealthy candidates and families a significant advantage.
- Disinformation and Social Media: The rise of social media has introduced new challenges related to spreading false information and manipulating public opinion.
- Clientelism and Patronage: Voters often make choices based on immediate benefits or personal connections rather than platforms or policies.
Introduction of Automated Elections
A major reform in the Fifth Republic was the move towards automating the election process. Starting in 2010, the Philippines transitioned from manual voting and counting to a Precinct Count Optical Scan (PCOS) system, later updated. Voters fill out ballots which are then scanned by machines in each precinct. The machines count the votes and electronically transmit results to higher levels.
The automation aimed to address issues of slow manual counting and opportunities for fraud during the lengthy canvassing process. While automation has speeded up results transmission and counting, it has also faced challenges: technical glitches, allegations about the integrity of the machines and software, transparency issues regarding source code review, and security concerns. The debate over manual versus automated systems, or finding the most secure and transparent automated system, continues.
Key Features of Fifth Republic Electoral Practice
- Constitutional Basis: 1987 Constitution.
- System: Presidential, bicameral Congress. Plurality rule for President, VP, Senators, District Reps. Party-list system for up to 20% of House seats.
- Suffrage: Universal for 18+, citizen, residency. No literacy/property requirement.
- Key Institution: COMELEC, constitutionally independent with expanded powers.
- Dominant Parties: Multiple parties exist, shifting alliances are common. Political dynasties remain powerful.
- Practices: Automated voting and counting (since 2010), traditional and digital campaigning.
- Major Challenges: Persistent fraud/vote buying, political dynasties, campaign finance issues, disinformation, technical issues with automation.
Here’s a summary of the Fifth Republic’s electoral system:
| Feature | Description |
|---|---|
| Governing Law | 1987 Constitution |
| Presidential/VP | Elected by national popular vote (Plurality), separately |
| Senate | Elected at-large (nationwide), Plurality, 12 every 3 years |
| House of Reps | District (Plurality) + Party-List (Proportional Representation, 20% max) |
| Suffrage | Universal, age 18+, citizen, residency |
| COMELEC | Constitutionally independent, sole authority over elections |
| Counting Method | Automated (since 2010) |
| Key Challenges | Fraud, vote buying, dynasties, campaign finance, disinformation, automation issues |
Comparing Electoral Systems and Practices Across Republic Periods
Let’s bring together the key comparisons across the Third Republic, the Martial Law period (as a deviation from democratic practice), and the Fifth Republic.
The fundamental shift is from a democracy with significant structural flaws and challenges (Third Republic), to a period where the electoral process was heavily controlled and used for legitimization rather than genuine choice (Martial Law), to a restored democracy with constitutional safeguards and reforms, but still grappling with old and new challenges (Fifth Republic).
System Design:
- Third Republic: Simple plurality for all positions, at-large Senate, district House. Favored known personalities and local power bases.
- Martial Law: System became a tool of the executive, legislative elections were controlled.
- Fifth Republic: Retained plurality for most positions but added the party-list system for the House, introducing an element of proportional representation intended to give voice to sectors not typically winning district elections. This is the most significant change in the design of the legislative election system.
Suffrage:
- Third Republic: Moved towards universal suffrage (male & female, lower age), phasing out colonial restrictions.
- Martial Law: Suffrage remained, but its effective exercise was curtailed by the political environment.
- Fifth Republic: Universal suffrage fully codified without literacy or property requirements, age 18.
Institutions:
- Third Republic: COMELEC established but faced challenges to independence.
- Martial Law: COMELEC’s independence compromised.
- Fifth Republic: COMELEC given constitutional independence and stronger powers.
Practice:
- Third Republic: Manual voting/counting, vibrant but often violent/fraudulent.
- Martial Law: Controlled processes, referendums, manipulated elections.
- Fifth Republic: Automated voting/counting, extensive media use (including digital), presence of election watchdogs (like NAMFREL), ongoing efforts at reform but persistent issues.
Challenges:
- Recurring: Vote buying, fraud, political dynasties, violence have been persistent issues across the Third and Fifth Republics, although their forms and the responses to them have changed.
- Martial Law Specific: State control, suppression of dissent, lack of free and fair conditions.
- Fifth Republic Specific/Amplified: Campaign finance, disinformation via social media, technical issues and trust in automation.
The journey shows a formal strengthening of democratic institutions and suffrage rights under the 1987 Constitution compared to the 1935 Constitution and certainly compared to the Martial Law era. However, the implementation of these ideals in practice continues to be challenged by socio-economic factors, political culture, and the adaptability of those seeking to manipulate the system.
Here’s a comparative table highlighting key differences and similarities:
| Feature | Third Republic (1946-1972) | Martial Law Era (1972-1986) | Fifth Republic (1987-Present) |
|---|---|---|---|
| Governing Law | 1935 Constitution | 1973 Constitution (amended), decrees | 1987 Constitution |
| Presidential Election | Plurality, direct popular vote | Controlled process, Snap Election 1986 | Plurality, direct popular vote |
| Legislature System | Bicameral (Senate At-Large, House District), Plurality | Unicameral (Batasang Pambansa), controlled elections | Bicameral (Senate At-Large, House District + Party-List), Plurality & Proportional Rep. |
| Suffrage Base | Universal (18+, citizen, residency), literacy fading | Universal (18+, citizen, residency), but restricted exercise | Universal (18+, citizen, residency), no literacy/property |
| COMELEC Role | Independent (intended), faced pressure | Compromised independence, subservient | Constitutionally independent, sole authority |
| Counting Method | Manual | Manual (with manipulation) | Automated (since 2010) |
| Key Challenges | Fraud, violence, vote buying, dynasties | State control, fraud, lack of freedom | Fraud, vote buying, dynasties, campaign finance, disinformation, automation trust |
| Transfer of Power | Regular through elections (mostly peaceful) | Irregular, via revolution (EDSA 1986) | Regular through elections |
The Evolution of Election Laws and Practices
Beyond the constitutional framework, specific laws and regulations have shaped electoral practice. In the Third Republic, laws like the Revised Election Code governed the process. Efforts were made to strengthen COMELEC and penalize election offenses, but enforcement was weak.
Under Martial Law, election laws were often issued via presidential decrees, prioritizing state control and the interests of the ruling party.
The Fifth Republic saw the passage of new laws, including the Omnibus Election Code (which consolidated previous laws) and subsequent legislation addressing campaign finance, election automation (RA 8436, as amended), and the party-list system (RA 7941). These laws represent attempts to modernize the process, curb abuses, and widen participation, though their effectiveness is constantly debated and tested.
Practices have also evolved. While rallies and traditional campaigning remain, the shift to automated elections is the most significant change in how votes are cast and counted. Voter registration has become more systematic, and efforts are made to clean up voter rolls, though this is an ongoing struggle. Election monitoring by civil society groups like NAMFREL continues to be vital in promoting transparency and accountability.
Key Takeaways:
- Philippine electoral systems have formally moved from a simple plurality system towards one incorporating proportional representation through the party-list.
- Suffrage has expanded from restricted (colonial/early Third Republic) to universal under the Fifth Republic.
- COMELEC’s constitutional independence and powers have significantly increased from the Third to the Fifth Republic.
- The Martial Law era represents a period where the electoral system was undermined and used for authoritarian legitimation.
- Persistent challenges like fraud, vote buying, and political dynasties continue to affect the integrity and fairness of elections across different periods, though their forms adapt.
- The introduction of automated elections in the Fifth Republic is a major change in practice aimed at efficiency and reducing manual fraud, but it brings its own set of challenges regarding trust and security.
- The comparison highlights the formal progress in establishing democratic electoral mechanisms versus the enduring practical challenges in ensuring these mechanisms result in truly representative and accountable governance.
Frequently Asked Questions (FAQ):
Q: What is the main difference between the electoral system of the Third Republic and the Fifth Republic? A: The main difference in the system design is the introduction of the party-list system in the House of Representatives under the Fifth Republic (1987 Constitution). The Third Republic (1935 Constitution) used only plurality rule for all positions, including district representation for the House. The Fifth Republic still uses plurality for President, VP, Senators, and district representatives, but adds seats allocated based on the national vote for party-list groups.
Q: How did Martial Law affect Philippine elections? A: Martial Law effectively suspended normal democratic elections for a period and heavily controlled subsequent electoral exercises like referendums and legislative elections for the Batasang Pambansa. The process lacked freedom, fairness, and transparency, with the executive manipulating results, as seen dramatically in the 1986 snap election, which triggered the People Power Revolution.
Q: Has suffrage changed over the different Republics? A: Yes, significantly. The Third Republic inherited and continued the trend towards universal suffrage from the Commonwealth era, expanding it to women and lowering the voting age, while gradually phasing out literacy/property requirements. The Fifth Republic fully codified universal suffrage for all citizens aged 18+ meeting residency requirements, with no literacy or property tests.
Q: What are some persistent challenges in Philippine elections across these periods? A: Several challenges have plagued Philippine elections across the Third and Fifth Republics, including vote buying, various forms of electoral fraud (though methods change with technology), political violence, and the dominance of political dynasties. Campaign finance issues and, more recently, disinformation spread via social media are also significant challenges in the Fifth Republic.
Conclusion
Comparing electoral systems and practices across the different Republic periods of Philippine history reveals a complex journey. From the foundational system of the Third Republic, inherited from the Commonwealth and grappling with nascent democratic challenges, through the suppression and manipulation under Martial Law, to the restored and reformed system of the Fifth Republic, the path has been one of both progress and recurring struggles.
The 1987 Constitution and subsequent laws in the Fifth Republic represent significant steps forward in institutional design, expanding suffrage, and strengthening the independent body overseeing elections, the COMELEC. The introduction of the party-list system and election automation are notable attempts to make the system more representative and efficient, respectively.
However, historical analysis shows that the practice of elections in the Philippines remains heavily influenced by socio-political realities like poverty, political dynasties, and a culture where patronage can sometimes overshadow policy. Issues like vote buying, fraud, and violence persist, adapting to new technologies and environments.
Ultimately, the study of Philippine electoral systems across these different Republics highlights the dynamic nature of democracy. While the legal and structural frameworks have evolved, the ongoing challenge is to translate these formal rules into a lived reality where every vote is truly free, fairly counted, and reflective of the informed will of the Filipino people. Understanding this history is crucial for appreciating the present state of Philippine democracy and for future efforts aimed at strengthening its foundations.