Davide’s Electoral Reform Proposals

Taken from Aries Rufo’s article, Davide’s Poll Reform Package, published in Newsbreak, 22 May 2006, p. 14 (also available at http://www.newsbreak.com.ph/newsbreak/story.asp?id=224).

With annotations by Sara Jane Suguitan

Retired Chief Justice Hilario Davide Jr. is currently the Presidential Adviser on Electoral Reforms.

1. The immediate resolution of the COMELEC’s credibility problems. Davide wants, at least, the appointment of a new chair and, at the most, the courtesy resignations of the entire poll body.

At the time of the Mega Pacific scandal, the COMELEC commissioners were Chairman Benjamin Abalos, Rufino Javier, Mehol Sadain, Resurreccion Borra, Florentino Tuazon Jr., Luzviminda Tancangco and Ralph Lantion. The last two are now retired and have been replaced by Commissioners Virgilio Garcillano of Hello Garci fame (see http://en.wikipedia.org/wiki/Hello_Garci_scandal) and Manual Barcelona Jr. According to Pulse Asia’s March 2006 Ulat ng Bayan, 52% of Filipinos thinks it is right for COMELEC Commissioners to resign due to the controversies in the conduct of the May 2004 elections. Nobody among the embattled poll commissioners is willing to resign. (See http://pulseasia.newsmaker.ph/main.asp?mode=&page=article&articleID=64614455670&section=Highlights last accessed 20 May 2006.)

The expeditious release of the Ombudsman’s report on the Mega Pacific deal.

In a decision promulgated in February 2004, the High Court voided the contract entered into between COMELEC and Mega Pacific, a Korean consortium formed only in February 2003 or only two months before the bidding, wherein COMELEC awarded to Mega Pacific the P1.3B bid to supply 2,500 Automated Vote Counting Machines (ACM’s). The contract was voided due to bidding irregularities. To date, some P849M that had been spent for the project has not yet been recovered. The machines are stored in a COMELEC warehouse, for which P3.9M is annually paid as storage fees. Mega Pacific refuses to buy back the machines. The commissioners are under investigation for overpricing the machines. (See http://pcij.org/i-report/special/comelec3.html; http://www.inq7.net/nat/2004/jan/14/nat_13-1.htm; last accessed 20 May 2006.)


3. The President should solicit names from the opposition for nominees to the COMELEC.

The COMELEC commissioners need not all be lawyers. Some of them may be experts on information technology or management.

Pursuant to Sec. 1 of Article IX-C of the 1987 Constitution, the COMELEC is composed of a Chairman and six Commissioners, the majority of which, including the Chairman, should be lawyers. They are appointed by the President with the consent of the Commission on Appointments for a term of seven years.


Nominees to the COMELEC should not assume their posts before they are confirmed by the bicameral Commission on Appointments.

Last March 29, former Court of Appeals Justice Romeo A. Brawner was appointed to replace former Commissioner Virgilio Garcillano for a term of seven years, from September 18, 2005 to February 2, 2011.

The modernization law on the conduct of elections should not be procurement-specific. Automation should be done phase by phase. The present COMELEC should not handle automation.

For the full text of the current law on election modernization, see http://www.comelec.gov.ph/laws/ra8436_txt.html. Under this law the duty to handle election automation devolves upon the COMELEC, which has the power “to procure any supplies, equipment, materials and services needed for the holding of the elections…” (Sec. 6, R.A. 8436).)

7. In the presidential elections, the COMELEC should do away with the municipal canvass.

In a speech delivered on 30 December 2002, the 106th Rizal Day, President Gloria Macapagal-Arroyo declared her intention not to run for president in the 2004 national elections. Nevertheless, she ran and won over highly favorite film actor Fernando Poe, Jr. As per official final congressional canvass, she won by 1,123,576 votes. For the full text of PGMA’s speech, see http://www.op.gov.ph/news.asp?newsid=2404 last accessed 20 May 2006).

8. Institutionalize the system of continuing voters’ registration.


Establish an independent committee similar to the Feliciano Commission to review all electoral reform proposals.

The Feliciano Commission was formed by virtue of EO 255 to investigate the 2003 Oakwood Mutiny. The mutineers were disillusioned by the rampant corruption and patronage, and the questionable integrity among the ranks of the military. It concluded that the grievances behind such military adventurism “if recklessly neglected and allowed to fester by the senior echelons of the AFP and the government itself, tend to practically ensure the replication of the rebellion in the future.” For the full text of its findings, see http://www.i-site.ph/Record/fffc-findings.html. Last accessed 20 May 2006.


10. Voter education should be made a part of the curriculum at all school levels.