THE “UNICAMERAL PARLIAMENTARY SYSTEM” IS BETTER THAN THE “BICAMERAL PRESIDENTIAL SYSTEM” A. THREE (3) BASIC ADVANTAGES OF THE UNICAMERAL PARLIAMENTARY SYSTEM The proposed unicameral parliamentary system has three (3) basic advantages over the present bicameral presidential system. Firstly, it avoids the institutional gridlock and duplication of functions between the Senate and the House of Representatives, by merging the Senate with the House of Representatives, which will be the unicameral Congress. Secondly, it avoids the institutional gridlock between Congress and the President, by merging the President with Congress, which will be the Parliament. Thirdly, it eliminates the bias for “rich” and “famous” candidates, by replacing direct national elections for President and the Senators, with indirect elections for President, regional elections for Regional Representatives (replacing Senators), local elections for District Representatives, and sectoral elections for Sectoral Representatives. (1) The present bicameral system allows an institutional gridlock between the Senate and the House of Representatives, because the bifurcated organizational structure and divergent selection processes involved, open the upper and lower chambers to control by opposing political parties. On the other hand, the proposed unicameral system bars any institutional gridlock, because the Senate will be merged with the House of Representatives, which will be the unicameral Congress. Thus, the party that assumes majority control of Congress, assumes undivided legislative powers. Notably, the law making process essentially involves the same methodology, resource persons, information materials and national interest. This is so regardless of whether the proponent is the Senate or the House of Representatives. Thus, apart from the institutional gridlock inherent in the bicameral system, there is also the duplication of the law making process that necessarily results in the wastage of public funds. Under the unicameral system, and duplication of functions and wastage of resources is systematically avoided. While the minority party retains the power to check the excesses of the majority party through active participation in the law making processes, it loses the power to obstruct the majority party’s legislative agenda as the minority is outvoted by the majority. (2) The present presidential system allows an institutional gridlock between Congress and the President, because the separated organizational structure and independent selection processes involved, open the legislative and executive branches to control by opposing political parties. On the other hand, the proposed parliamentary system bars any institutional gridlock, because the President will be merged with Congress, which will be the Parliament. Thus, the party that assumes majority control of the Parliament, also assumes the power to elect the chief executive. While the minority party retains the power to check the excesses of the majority party through active participation in the law making processes, it loses the power to obstruct the 1 majority party’s execution and administration of government programs as the majority also wields the power to elect the chief executive. (3) The present election system for President and the Senators is inherently biased for “rich” and “famous” candidates, because the selection process involves direct national elections at large. The “rich” candidates are those who can afford to spend billions to campaign and make themselves known to the Filipino voters nationwide. The “famous” candidates are the entertainment, sports and media celebrities who no longer need not campaign nationwide because they are already known to the Filipino voters at large. “Rich” and “famous” candidates thrive best in direct national elections at large where popularity generally takes precedence over performance. On the other hand, the proposed system of indirect elections eliminates this bias, because in the context of local, regional and sectoral elections, “fame” and “fortune” generally do not carry as much weight as actual track records of public service. This is because there is greater probability that the voter knows the truthful background of the candidates in smaller constituencies as compared to larger constituencies. Thus, the proposed system promotes fair democratic elections by effectively expanding the roster of winnable candidates for national positions. Notably, the combined regional elections for Regional Representatives (replacing Senators), local elections for District Representatives, and sectoral elections for Sectoral Representatives, also serve as the indirect national elections for chief executive. This is because the party that wins majority control of the unicameral parliament also assumes the power to elect the chief executive. Under parliamentary practice, the head of a political party is ordinarily the said party's nominee for chief executive, in case such party wins the majority of the seats in the assembly of representatives. Therefore, there is no undue curtailment of the right of suffrage, because the voter is free to consider the party’s known choice for chief executive, when voting for Regional Representatives, District Representatives, and Sectoral Representatives. B. AMERICAN BICAMERALISM NOT APPLICABLE TO THE PHILIPPINES The bicameral structure of the United States Congress is not applicable to the Philippines, because it arose out of a different setting and served a different purpose. The American bicameral structure arose out of two opposing views among the component states of the United States federation. One view advocated equal representation among all the component states, each state being a sovereign equal of any other. Another view advocated proportionate representation among the component states, based on their respective populations. Eventually, the component states reached a compromise by establishing a bicameral legislature. Thus, the Senate or the upper house now provides for equal representation (consisting of 100 members with 2 senators per state), while the House of Representatives or the lower house provides for proportionate representation (with 435 members distributed among 50 states). http://en.wikipedia.org/wiki/United_States_Congress In the Philippines, there was never such a debate because the country has always been a unitary state. It was never a federal state. All the people nationwide have always agreed on 2 proportionate representation among all the localities and regions depending on their respective populations. The people never had to contend with the legalistic theory of sovereign equality among the localities and regions. They only have to contend with the practical reality of the size and distribution of the population. Thus, American bicameralism does not apply to the Philippines. The blind adoption of American bicameralism to the Philippines has resulted in undesirable consequences. Firstly, it allows an institutional gridlock between the Senate and the House of Representatives, because the bifurcated organizational structure and divergent selection processes involved open the upper and lower chambers to control by opposing political parties. Secondly, it institutionalizes the duplication of the law making process, essentially involving the same methodology, resource persons, information materials and national interest, resulting in the waste of public funds. Thus, the adoption of a unicameral Congress by the country is advocated. The proposed system avoids the institutional gridlock and duplication of functions between the Senate and the House of Representatives, by merging the Senate with the House of Representatives, which will be the unicameral Congress. While the minority party retains the power to check the excesses of the majority party through active participation in the law making processes, it loses the power to obstruct the majority party’s legislative agenda as the minority is outvoted by the majority. C. AMERICAN PRESIDENTIALISM NOT APPLICABLE TO THE PHILIPPINES The presidential system of the United States is not applicable to the Philippines, because it arose out of a different setting and served a different purpose. The American presidentialism arose out of the perception and judgment of their founding fathers that the colonies suffered from an abuse of the broad legislative and executive powers of the monarchy. Accordingly, upon the establishment of the United States of America independent of Britain, they purposely limited the power of the federal government, by separating the President from Congress, among other measures taken. http://en.wikipedia.org/wiki/separation_of_powers In the Philippines, the problem was never about a strong and aggressive government. Rather, the problem has always been about a weak and timid government, unable or unwilling to promote the common good, whenever the people’s interests conflict with the vested interests of the entrenched oligarchy. It is observed that the oligarchy, comprised of a few closely knit and immensely affluent families, has managed to exert strong influence over the politics and economy of the country over the past eighty (80) years (since the 1935 Constitution). Thus, the premise and purpose of American presidentialism does not apply to the Philippines. The blind and adulterated adoption of American presidentialism has only perpetuated the stranglehold of the oligarchy. Firstly, it weakens the capability of the government to enact and implement law reforms, because the President is separated from Congress, turning them against each other. Secondly, it weakens the capability of the common people to exercise representative 3 democracy because direct national elections (for President and the Senators) is inherently biased in favor of “rich” and “famous” candidates. Even under the American presidential system, the President and the Senators are not elected directly at large nationwide. The federal Senators are elected at the local state level. On the other hand, the American president is elected by a national college of electors, comprised of representatives again elected at the local state level. Thus, the adoption of a parliamentary system of government is advocated. Firstly, the proposed system strengthens the capability of the government to enact and implement law reforms, by merging the executive (President) with the legislature (Congress), which will be the Parliament. Secondly, it strengthens the capability of the people to exercise representative democracy, by replacing direct national elections for chief executive (President) and certain legislators (Senators), with indirect national elections for chief executive (Prime Minister) and regional elections for Regional Representatives (replacing the Senators), local elections for District Representatives, and sectoral elections for Sectoral Representatives. The localization of the selection process promotes fair democratic elections, because it eliminates the bias for “rich” and “famous” candidates, and thus expands the roster of winnable candidates for national positions. While the minority party retains the power to check the excesses of the majority party through active participation in the law making processes, it loses the power to obstruct the majority party’s execution and administration of government programs as the majority also wields the power to elect the chief executive. D. INDIRECT ELECTIONS FOR PRESIDENT IS THE BETTER METHOD OF REPRESENTATIVE DEMOCRACY The proposed system of indirect national elections for President is the better method of representative democracy, because it eliminates the inherent bias for “rich” and “famous” under the present system of direct national elections. The “rich” candidates are those who can afford to spend billions to campaign and make themselves known to the Filipino voters nationwide. The “famous” candidates are the entertainment, sports and media celebrities who no longer need to campaign because they are already known to the Filipino voters at large. “Rich” and “famous” candidates thrive best in direct national elections at large where popularity generally takes precedence over performance. However, in the context of local, regional and sectoral elections, “fame” and “fortune” generally do not carry as much weight as actual track records of public service. Under the proposed system, the combined regional elections for Regional Representatives (replacing Senators), local elections for District Representatives, and sectoral elections for Sectoral Representatives, also serve as the indirect national elections for President. This is so because the party that assumes majority control of Congress, also assumes the power to elect the President. 4 Under parliamentary practice, which adopts indirect elections for chief executive (Prime Minister), the head of a party is ordinarily it's candidate for chief executive. Therefore, there is no undue curtailment of the right of suffrage, because the voter is free to consider the party’s known candidate for chief executive, when voting for the members of Parliament. By analogy, where indirect elections is adopted in electing the President, there will also be no undue curtailment of the right of suffrage, because the voter will be free to consider the party's known candidate for President, when voting for Regional Representatives (replacing Senators), District Representatives, and Sectoral Representatives. Even under the American presidential system, the President is not elected through direct national elections at large, but rather elected indirectly through a national college of electors, comprised of representatives elected at the local state level. Thus, the adoption of indirect national elections for President is advocated. The proposed system promotes representative democracy, because it eliminates the bias for “rich” and “famous” candidates. This effectively expands the roster of winnable candidates for President. The modern private corporation may serve as a working model for indirect elections. Under a corporation, the shareholders or members merely elect their representatives to the governing board. The board assumes the power, not only to establish policy, but also to elect the officers tasked to implement the established policy. The corporate system maximizes not only flexibility but also accountability. E. CONGRESS AS ELECTORAL COLLEGE; DISTRICT REPRESENTATIVES AS PLEDGED ELECTORS Practical features of the Electoral College system of the United States may be adopted by the Philippines, to strengthen our representative democracy, attain the efficient use of public and private resources, and establish a strong government capable of promoting the common good. Congress may serve as the Electoral College, and its District Representatives as the Pledged Electors. Notably, the Electoral College of the United States consists of popularly elected representatives (electors), who formally elect the President and Vice President. Each state is entitled to have a certain number of electors. There are 538 electors in each presidential election. United States citizens vote for electors, rather than vote directly for the President and Vice President. In practice, electors pledge to vote for specific candidates, even though they are free to vote for anyone eligible to be President. The voters cast ballots for favored presidential and vice presidential candidates, by voting for their respective pledged electors. Critics argue that the Electoral College is inherently undemocratic, and gives certain swing states disproportionate clout. Proponents argue that the Electoral College is an important and distinguishing feature of federalism, and protects the rights of smaller states. http://en.wikipedia.org/wiki/Electoral_College(United_States) At the Constitutional Convention, a majority of the states initially agreed to adopt the Virginia Plan which called for the Legislature to elect the Executive. However, they eventually 5 adopted another mode where the election is conducted by a group of electors apportioned among the states in the same numbers as their representatives in Congress. Among the reasons given for the change, were the fears of "intrigue" if the President was chosen by a small group of men who met together regularly, as well as concerns for the independence of the President if he was elected by the Congress. http://en.wikipedia.org/wiki/Electoral_College_(United_States) The fears of “intrigue”involving the President and Congress, and concerns about the independence of the President, may have been related to the perception and judgment of their founding fathers that the colonies suffered from an abuse of the broad legislative and executive powers of the monarchy. Thus, when they established the United States of America independent of Britain, they purposely limited the power of the federal government, by separating the President from Congress, among other measures taken. http://en.wikipedia.org/wiki/separation_of_powers In the Philippines, our experience with presidential elections consistently shows that only those with known national personalities have realistic chances of success. Sadly, the system of direct popular voting has institutionalized the bias for “rich” and “famous” candidates. The “rich” candidates are the billionaires who can afford to spend large sums of money to campaign and make themselves known to the voters, while the “famous” candidates are the entertainment, sports and media celebrities who need not campaign because they are already known to the voters. Thus, the mode of direct popular voting ironically weakens our representative democracy because it works to limit the roster of winnable candidates from whom the voters may choose. Furthermore, the Philippines never faced the problem of a strong and aggressive government, except perhaps during the martial law period of the 1970s. Rather, the problem has always been about a weak and timid government, unable or unwilling to promote the common good, whenever the people’s interests conflict with the vested interests of the entrenched oligarchy. Comprised of a few closely knit and immensely affluent families, the oligarchy has managed to exert strong influence over the politics and economy of the country over the past eighty (80) years (since the 1935 Constitution), and evidently survived the martial law years. Thus, the premise and purpose of separating the Electoral College from Congress in the United States does not apply to the Philippines. Contrary to popular belief, there is no undue curtailment of the right of suffrage under the proposed system where Congress simultaneously serves as the Electoral College, because the candidates for District Representatives will also be Pledged Electors openly committed to their respective presidential candidates. By holding indirect presidential elections with Congress serving as an Electoral College, we can (a) eliminate the systemic bias for “rich” and “famous” candidates by replacing national elections at large with nationwide local elections, (b) mitigate the negative effects of massive vote-buying and other forms of cheating, (c) mitigate the negative effects of massive media manipulation of public opinion, (d) mitigate the negative effects of imprudent popular voting which favor short-term benefits and disregard the resulting long-term burdens, (e) equalize the comparative voting power of thinly populated rural communities in relation to heavily populated urban communities, (f) save on substantial government expenses required for national presidential elections at large, and (g) save on huge nationwide campaign expenses required of presidential candidates. 6 By empowering Congress as an Electoral College, we can also avoid the institutional gridlock between Congress and the President, because the President and the biggest voting block in Congress will naturally come from the same political group. Thus, the arrangement promotes the desired congruence, rather than undesirable divergence, of ideologies and priorities in the formulation and implementation of programs and policies. While the minority party retains the power to check the excesses of the majority party through active participation in the law making processes, it loses the power to obstruct the majority party’s program and administration of government as the majority party also holds the power to elect the chief executive. No one benefits from this institutional gridlock because it delays if not prevents the delivery of essential public services. Worse, it renders government powerless against enemies of the state that operate outside the parameters of the law. Thus, the assumption by Congress of the dual function of an Electoral College is advocated. The localization of national elections will strengthen representative democracy, because it will eliminate the systemic bias for the “rich” and “famous”, and thereby expand the roster of winnable presidential candidates. The tie-up between the legislative and executive branches will also build up the capability of the government to pursue reforms, because it will institutionalize the political alliance of the President with Congress. From the viewpoint of private governance, the private corporation may serve as a close working model of Congress that serves the dual function of an Electoral College. Under the corporation, the shareholders elect only the members of the board of directors. It is then the board that elects the officers who run the daily business of the corporation. From the viewpoint of public governance, the parliamentary system may serve as the equivalent working model of Congress that also serves as Electoral College. Under the parliament, the voters not only elect their representatives to the legislature by direct vote, they also elect the prime minister by indirect vote, because the candidates for district representatives also serve as pledged party electors who are expected to vote for their respective candidates for prime minister. This material was written ex-gratia by Demosthenes B. Donato for Tanggulang Demokrasya (Tan Dem), Inc. All intellectual property rights are granted to the public domain. 28 August 2016. Makati City, Philippines. Disclaimer: The views and opinions expressed in this material are those of the author and do not necessarily reflect the official policy or position of TanDem. 7
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