This Administration and the Next
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Introduction: The Vicious Cycle of Philippine Politics and Governance
We should essentially start with the premise that democracy was re-established in 1986; there are implications to it that we have yet to deal with completely. We are still in the process of democratization; we successfully transitioned from a very limited political and even economic environment, to one that is clearly free yet wanting in terms of stability and predictability. The Philippine political, economic, and social environment remains undeveloped and this is reflected in a state that operates mainly on the basis of who is in power in combination with the extent of influence particular interests wield on an incumbent government (Rivera 2002; Rogers 2004). There has to be a way to change this unstable characteristic and strengthen our political and or public institutions.
In this regard, some consider the 1986 Edsa Revolution as a “restoration” and not a “revolution” (Coronel 1991; Ileto 2003; Eaton 2003). Much remains to be done in terms of reform aimed at empowering the government to engage in a long-term development strategy and not remain subject to the changing political conditions. This unfinished democratization explains why in every change of administration, it seems common that every outgoing President is almost always seen as having failed expectations. Each administration at best could come up with palliatives, but long-term initiatives cannot be undertaken even if attempted; and this we have seen at least in one administration. There were those administrations where expectations failed simply because the needed changes were essentially fundamental, far-reaching and therefore divisive. And there are administrations that failed expectations because said expectations were extraordinarily hyped that many strongly believed only to be disappointed in the end.
And so we look forward to another opportunity, the next election and hopefully elect the right leader that will usher in a new era of development, of prosperity. Unfortunately, our system simply does not allow us to effectively choose the really right or good leader we need. And even if we are able to elect the right one, s/he has a lot of work to do putting the house in order, if not substantially retrofitting or rebuilding the house before real work for development could even start. Now say we managed to have the right leader, put the house in order and put in place a number of policies and programs that at the least starts the process of lasting institutional reforms, the question now is if it will be followed thru by the next administration.
This briefly yet comprehensively describes the story of Philippine Politics and Governance. It is a vicious cycle that has to be arrested soonest otherwise we’ll remain as we are, developing but not enough to at the least match the pace of our neighbors and possibly end up forever with the title “developing country”. No matter how an administration declare that we are now a first-world country, and this has been done by at least 3 Presidents now, it will still remain largely a dream. This is the lens we should be employing if we are to make an exhaustive assessment of an administration, which should always include by implication, its significance in the overall complex of the state of Philippine Politics and Governance. To hammer home the point, each administration is an opportunity to set the country to the right direction. By this right direction we mean one that will undertake the long overdue but difficult process of institution building and strengthening, of developing a better political and administrative system, a political system that fundamentally levels the playing field.
Many Reformists In Government
This need for structural reforms dominated the public discussion in the runup to the 2010 elections precisely because many thought, we do not need, in fact we should not consider another Edsa, another extra-constitutional means of unseating a President. And so, rightly or wrongly, so many groups took the opportunity to work on possible revisions to the 1987 Constitution and effect what many thought were necessary changes to our political and administrative system. And when this road to reform was proved to be just a ruse by then President Gloria Macapagal Arroyo (GMA) to divert the public’s attention, the general mood then transformed to just looking forward to the next administration and end the government of the then very unpopular incumbent; a government that is unprecedentedly besieged with a string of controversies and allegations of indiscretions. Interestingly, GMA came to power on the same basis, an opportunity to undo what many considered an inept government under Joseph Ejercito “Erap” Estrada. So we can just imagine the intensity of the public’s desire to elect a “reformist” government in 2010.
When the public started to look forward to 2010 elections, many looked at the then Senate President Manny Villar as the one to beat. With his message of industry and perseverance (sipag at tiyaga), it was thought that he was hitting the right issue of development needed by the country. He was catapulted to national consciousness as he led the charge to impeach then President Erap Estrada at the House of Representatives in 2001; only to be himself, subject to public scrutiny for alleged influence to reroute the major infrastructure project extending the c5 road. Then a proverbial “black swan” happened altering the prevailing political equation completely. Then Senator Noynoy Aquino became the public’s darling overnight, riding on the sympathy generated by the death of his mother, democracy icon, the late President Cory Aquino.
This series of events only shows the systemic weakness in our system. Our choices of leaders remain limited to the same familiar names. Leaders are elected on the basis of controversies that opposing groups face, consistent with the vicious cycle where each administration ends with a controversy and leaving Malacanang considerably unpopular. This was the dominant atmosphere in 2010; we want to get rid of an unpopular President without resorting to Edsa, and so we wanted to finally introduce necessary systemic changes in the constitution and use the unpopularity of GMA only to end up being the one used by her. The name Aquino appeared to be the most acceptable option left that many of those who had been advocating for real structural reforms found themselves supporting his candidacy in 2010. From the start however, it was clear that constitutional reforms was far away from the President’s mind.
The 2010 Official Platform of the Noynoy Aquino administration suggests that the reference is mainly what the previous administration did or did not do. Essentially, there is not one, which looks at the political and or administrative system that in significant part accounts to the failures of previous administrations. We have listed a total of 16 points in the platform that the President set to accomplish.
Official Platform of the PNoy Administration
1. From a President who tolerates corruption to a President who is the nation’s first and most determined fighter of corruption.
2. From a government that merely conjures economic growth statistics that our people know to be unreal to a government that prioritizes jobs that empower the people and provide them with opportunities to rise above poverty.
3. From relegating education to just one of many concerns to making education the central strategy for investing in our people, reducing poverty and building national competitiveness.
4. From treating health as just another area for political patronage to recognizing the advancement and protection of public health, which includes responsible parenthood, as key measure of good governance.
5. From Justice that money and connections can buy to a truly impartial system of institutions that deliver equal justice to rich and poor.
6. From government policies influenced by well-connected private interests to a leadership that executes all the laws of the land with impartiality and decisiveness.
7. From treating the rural economy as just a source of problems to recognizing farms and rural enterprises as vital to achieving food security and more equitable economic growth, worthy of re-investment for sustained productivity.
8. From government anti-poverty programs that instill a dole-out mentality to well-considered programs that build capacity and create opportunity among the poor and the marginalized in the country.
9. From a government that dampens private initiative and enterprise to a government that creates conditions conducive to the growth and competitiveness of private businesses, big, medium and small.
10. From a government that treats its people as an export commodity and a means to earn foreign exchange, disregarding the social cost to Filipino families to a government that creates jobs at home, so that working abroad will be a choice rather than a necessity; and when its citizens do choose to become OFWs, their welfare and protection will still be the government’s priority.
11. From Presidential appointees chosen mainly out of political accommodation to discerning selection based on integrity, competence and performance in serving the public good.
12. From demoralized but dedicated civil servants, military and police personnel destined for failure and frustration due to inadequate operational support to professional, motivated and energized bureaucracies with adequate means to perform their public service missions.
13. From lack of concern for gender disparities and shortfalls, to the promotion of equal gender opportunity in all spheres of public policies and programs.
14. From a disjointed, shortsighted Mindanao policy that merely reacts to events and incidents to one that seeks a broadly supported just peace and will redress decades of neglect of the Moro and other peoples of Mindanao.
15. From allowing environmental blight to spoil our cities, where both the rich and poor bear with congestion and urban decay to planning alternative, inclusive urban developments where people of varying income levels are integrated in productive, healthy and safe communities.
16. From a government obsessed with exploiting the country for immediate gains to determine of its environment to a government that will encourage sustainable use of resources to benefit the present and future generations.
It will require a more thorough study to determine whether each has been accomplished or not. For our purpose of a political assessment, what we can do is to look at some of these points and take note of what has been evident, especially as how it has been perceived in the public, based on what has been largely reported on the media. It is also essential to look at the key legislations the administration managed to pass, and see how consistent it has been with its declared goals or overarching principles.
More of Perception than Definite Successes
Corruption is obviously foremost in the President’s agenda, running under the slogan “Kung Walang Corrupt Walang Mahirap” and establishing the administration’s official trademark “Matuwid na Daan.” It is not to overemphasize that clearly, what is made foremost is to distinguish this administration from the previous. As aptly established by one scholar of Philippine politics, based also on the pronouncement of the President, “a new style of leadership” is but “the first step” (Hutchcroft 2011). The aim is Institutional Reform and Leadership Change is but the start. The changes were “dramatically dwarfed by the challenges the country continues to face” but unfortunately, “there seems to be a lack of strong strategic direction to guide the administration as a whole” (Ibid.). Corruption remains endemic in the government even if we cite only the continuing controversies in Customs, at the LTO and LTFRB, at the DOTC, particularly in the maintenance and new acquisitions for the MRT, and even at the DA, to name just a few, clearly the war on corruption continues.
After almost 6 years, we also have yet to see the resolution of the many cases against GMA and her alleged accomplices. The fertilizer scam seem to have vanished completely and out of the many names that came out from the 2009 COA Special Report, only three (3) prominent names have been charged. This, not to mention the fact that the key witness have declared that they’re the ones who prepare the reports and often sign for and in behalf of the principals and the beneficiaries, the same defense that has been taken by those who are currently under arrest. This issue alone can very well tell us that the objective of having an “impartial system of institutions” to undo justice that money and connections can buy remains a long way to go. We need not mention any more cases as examples to prove this particular point.
What about the more important point of development, one that the administration vowed to be inclusive, specifically saying to go beyond statistics and doing away with dole-outs from government. Of course, this should have been essentially covered by the economic assessment.
It might at least be interesting to look at the self-rated poverty surveys regularly conducted by the Social Weather Stations (SWS). This cannot substitute official data, but at least could very well give us an idea of how people assess their economic situation. Despite the much-touted economic gains of the government, the result of the surveys suggests that there has been no change in the country’s poverty situation. It remains at an average of 51% in the past 6 years.
The same could be said on the Agriculture Sector. Rural enterprises were to be recognized as vital elements in achieving more equitable economic growth and the target is to achieve rice self-sufficiency. Up to now we remain one of the biggest importers of rice and other grains. In fact at one time, the price of garlic and onions skyrocketed and hardly was it reported in the media and the government may not have considered it a significant issue.
It will not be surprising therefore that Filipino Migrant Workers continue to increase despite the government pronouncement of a more inclusive economy where careers could be locally available apart from an increase in employment opportunities. Philippine Statistics Authority (PSA) estimated an increase of at least 100,000 or a total of 2.3 Million in 2015 from 2.2 Million in 2013. This goes without saying that our economy remains significantly dependent on OFW Remittances that in the same PSA report, its total in April to September of 2014 alone was estimated at 173.2 Billion Pesos.
In terms of employment or career opportunities in the country, we could have at least have a level playing field in the government as the declaration was for Presidential appointees to be based on integrity, competence and performance and not “mainly” out of political accommodation. Perhaps there is not need to discuss extensively the current situation where the basis, not only of appointments but also of accountability is one personal relationship with the appointing authority.
Education was made the centerpiece of the government’s program promising that classroom and textbook backlogs will be a thing of the past. So far we have yet to hear again from the government how much has been accomplished so far but this year’s implementation of the K-to-12 program might significantly set back the objective of totally getting rid of these backlogs. We also have to note the impact of this program to employment as a staggering estimate of 25,000 teachers stand to be displaced with the program’s implementation this year. The government may have come up with mechanisms to absorb these teachers, but the years of service that will be lost by each teacher remains considerable as this impacts directly on their retirement benefits.
We have to credit this administration however in at the very least mitigating demoralization within the civil service, continually working for their welfare and providing better operational support to our uniformed services. Special mention should be in giving serious attention to the development of the country’s “minimum” defense capacity and sending us back to supersonic age. This should definitely be considered a milestone. We could have done a lot more certainly but at the least we have seen concrete steps taken in this administration.
Demoralization on the other hand cannot be limited to acquiring new capabilities, it is also essentially provided by a more consistent leadership. The very unfortunate Mamasapano incident did not only put into question the institutional and professional relationship between the Police and the Armed Forces, even put into question the capacity of the Special Action Force, the PNP’s elite unit, but it also ruined what could have been the President’s legacy, an institutional, comprehensive approach to finally ending decades old violence in Mindanao. If the Bangsamoro Basic Law is passed, retaining the key institutional points agreed upon between the Moro Islamic Liberation Front (MILF) and the government, we could have also had an opportunity to see first hand how a “real” autonomous region could operate, what is essentially intended in the 1987 Constitution, not only for our fellow Filipino Muslims in Mindanao, but also for the Cordilleras. Right now, the years of painstaking work for peace in Mindanao will just have to wait completing the first stage with the next administration.
There are at least 2 points that we should note as a plus in this administration. Our approach to the territorial dispute in the West Philippine Sea should be given special mention. The multilateral approach the government has adopted clearly emphasizes that the Philippines is really intent on fighting for what is ours as recognized under international law. There is a clear danger that the next administration will deviate from this approach that we lose credibility in the process.
Another clear plus for this government is the comprehensive approach it has taken in infrastructure development. It has been considerably delayed but there had been notable improvements in recent years. We will certainly still bear the brunt of traffic resulting from still ongoing constructions, but the long-term impact cannot be undervalued. It would have been best however if priority was given to improving the country’s mass transport system, not only in metro manila but at the least, in the key cities of the country.
The Work Ahead
There had been notable legislations passed by this administration, the most controversial and hardly fought is the Responsible Parenthood and Reproductive Health Act of 2012, and the others are The Sin Tax Reform Act, the AFP Modernization Act, the National Health Insurance Act of 2013 and most recently, interestingly least heralded, is the passing of the Philippine Competition Act, the country’s version of Anti-Trust Law. Below is the list of what we could consider as the major measures passed by the 15th and 16th Philippine Congress.
■ The Sin Tax Reform Act (RA 10351) – Restructures the excise tax on “sin” products such as alcohol and tobacco
■ Enhanced Basic Education Act of 2013 (RA 10533) – Introduces two additional years of basic education and makes Kindergarten mandatory among five-year olds
■ Responsible Parenthood and Reproductive Health Act of 2012 (RA 10354) – A measure that provides Filipinos with the reproductive health information, services, and care necessary to planning and raising families in a responsible and safe manner
■ The Anti-Enforced or Involuntary Disappearance Act (RA 10353) – Ensures the preservation and protection of every Filipino’s civil liberties by criminalizing enforced disappearances and the unlawful arrest of civilians
■ The Human Rights Victims Reparation and Recognition Act of 2013 (RA 10368) – Recognizes the heroism and sacrifice of Filipinos who were victims of human rights violations committed during the Marcos regime
■ The Expanded Anti-Trafficking in Persons Act of 2012 (RA 10364) – Increased the government’s capacity to combat human trafficking
■ The Domestic Workers Act or Batas Kasambahay (RA 10361) – Sets the minimum wage for domestic workers in various locales and promotes their right to humane treatment, access to education, and medical assistance
■ The AFP Modernization Act (RA 10349) – Extends the military modernization program for another 15 years and will boost the AFP’s capability upgrade program as it shifts from internal to external defense capability
■ The National Health Insurance Act of 2013 (RA 10606) – Makes health care services more accessible to citizens in need and mandates the enrolment of all Filipino citizens to health care
■ The National Electrification Administration Reform Act of 2013 (RA 10531) – Strengthened the National Electrification Administration by increasing its capital stock to P25 billion and stronger powers
■ Philippine Competition Act (RA 10667) – Prohibits monopolies and unfair and anti-competitive/anti-consumer business practices
■ Tax Incentives Management and Transparency Act (RA 10708) – To make transparent the fiscal incentives being issued by the government to the private sector
■ Strategic Trade Management Act (RA 10697) – To impose stricter controls on the transfer of dual-use goods and technologies which may be used for weapons of mass destruction (WMD)
■ Sugarcane Industry Development Act (RA 10659) – An act promoting and supporting the competitiveness of the sugarcane industry and for other purposes
■ Act Allowing the Full Entry of Banks (RA 10641) – An act allowing the full entry of foreign banks in the Philippines, amending for the purpose republic act no. 7721.
■ Go Negosyo Act (RA 10644) – Seeks to strengthen micro, small and medium enterprises (MSMEs) to create more job opportunities in the country
■ Open High School System Act (RA 10665) – Seeks to establish OHSS as part of the Department of Education's (DepEd) alternative secondary education program
■ UNIFAST Act (RA 10687) – A bill for faster financial assistance program for the poor but deserving college students
■ National Athletes, Coaches, and Trainers Benefits and Incentives Act (RA 10699) – Aims to increase the amount of cash incentives given to winning athletes, coaches and trainers, and to include athletes with disabilities in the grant of benefits and incentives
■ Iskolar ng Bayan Act (RA 10648) - To give automatic admission and provision of scholarship grants by all state colleges and universities to public high school students who belong to the top ten places of their graduating classes
■ Mandatory Philhealth Coverage for All Senior Citizens (RA 10645) – Entitles all senior citizens to avail of Philhealth benefits for their medical expenses
Most notably absent in the list is the Freedom of Information (FOI) Act, one that served as a key advocacy of then Senator Noynoy Aquino as a leading figure of the Opposition. The Center for Media Freedom and Responsibility (CMFR) aptly explains that, “the desire for more transparency and accountability, the recognition of the power of information and the valued participation of citizens in public affairs are well justified by the experience with the Dictatorship.” The President should be very well aware of this apart from having been in the opposition and experiencing a government previously that only stonewalled every investigation on its alleged indiscretions. Still, we are about to have a new government and we still don’t have the law. Unlike the vigorous push of the executive in getting the Reproductive Health Act passed, the FOI remains an advocacy.
Another notable law that the administration failed to pass is the proposed Political Party Development Act. This was in fact already passed in the 15th Congress but was interestingly aborted in the Senate. This law could have started the difficult process of systemic political structural systemic reform in the country. The law could have officially made political parties public institutions, subject to the same accounting and auditing rules as a regular government agency. This would have allowed real political parties to evolve, raise its own funds even in between elections and made accountable for the same.
These two laws hopefully will be prioritized by the next administration whoever among the leading candidates wins. Of course, ideally, the whole package of systemic reforms is adopted and vigorously pushed.
Since the 1990s various groups have already advocated shifting from Presidential to a Parliamentary System and from Unitary to Federal System. This shift is undoubtedly difficult but fundamental, and there had been various studies already undertaken in this regard. We can have a separate discussion in order to revisit the substantive arguments why there is a need to seriously consider a shift.
Revising the Constitution should include reconsidering what Filipino Economist Gerry Sicat calls the Recto-Quezon barriers or the nationalist economic provisions. What this provision essentially protects is not the Philippine economy or the country’s economic interests but the interests of the country’s elites. This plays right at the heart of our undeveloped social and economic structure, contributing significantly to our failure to develop strong state institutions. The same explains why we continue to suffer from very expensive yet inefficient public services, telecommunications, energy, water services, even media.
Now, taken altogether, this prescription means an overhaul of the country’s political and economic structure. Without doubt a tall order, and if we are to be realistic, will certainly encounter the usual opposition from interests that will be significantly affected. What this overhaul calls for is a change in the rules of the game that could possibly affect the current dominance they enjoy. At the minimum, while we continue the discussion of these fundamental changes, we can consider alternative approaches just to start the needed reforms. The next administration should prioritize the following.
1. As already mentioned, the Political Party Reform Act should be passed.
2. The Party-list Act should be revisited and determine exactly how to define what a “marginalized” sector is and what party-list group qualifies in consonance with the 1987 Constitution.
3. The Local Government Code of 1991 should now really be given serious attention that the long delayed revisions are finally given due course. For example, the problem of political dynasty is more of an effect of flawed fragmented approach at establishing local government units (LGUs) than a factor of culture many believe. Ultimately, a better working decentralized system, one that is true to the principles of autonomy and subsidiarity should allow us a better administrative system before we consider the more difficult work of Federalization.
4. The Administrative Code should likewise be revisited. At the least a serious study should be undertaken so that we can figure out a way for line agencies to really coordinate closely. In fact, it could be seriously considered to collapse and merge agencies and rationalize civil service employment. For example, in other countries there is always a designated coordinating agency or clearing house for domestic or home issues like the Department of Interior or Home Affairs. The State Department or Foreign Affairs Office on the other hand is the one that coordinates everything that the state or government does at the international level. This initiative should complement the FOI Act that should be passed.
The next government should also seriously review ongoing programs and push for new approaches to development.
1. Social Welfare is essentially a local function but the broad objectives undoubtedly require the involvement of the national government. Still, it will be cost-effective if LGUs are made to perform a key role in implementation but with a reliable fail-safe that prevents politicization of the program. Of course we should disabuse ourselves that it could be perfectly free for partisan interests, but at the least remaining consistent with the program’s objectives.
2. Disaster Risk Reduction and Climate Change should essentially be under one agency. Under the existing structure, the National Disaster Risk Reduction Management Council (NDRRMC) and the Climate Change Commission (CCC) are linked only by a UNDP backed Memorandum of Agreement. Both are of course under the Office of the President but it would be better if a clear option of coordination or having it in one agency may be considered. It should also be considered that DRRM and CC programs are implemented in partnership with the LGUs. DRRM mechanisms can be developed with LGUs that essentially are at the forefront not only of disaster risk reduction but also of governance including developing alternative energy.
3. Corollary to this is the completion and enactment of the long delayed National Land Use Act. In fact, the national government should consider working closely with the LGUs, training them to do their own maps while the national government integrates the maps of LGUs. By doing this, the LGUs are able to complete their CLUP, essential to their development plans, while at the same time the national government completes the country’s land use plan. This will solve a lot of problems and will require another session to be completely understood. What is certain is a Land Use Plan is essential to this country’s development.
4. The Justice System should be seriously approached comprehensively from investigation to prosecution and correction, even re-integration. Our Justice System remains seriously weak especially because of the first and significant element of investigation. A cursory visit of a police station can very well give one an idea right away of the limitations of investigation in the country.
5. Appointments to the Judiciary should also be looked at seriously. There has to be a way to ensure that a sitting President does not appoint a majority of its members. In fact, it may be considered that appointments to the court could be calibrated in terms that are essentially free from partisan interests.
Most of these recommendations without doubt require tremendous political capital. We could have pushed most of these already considering the unprecedented political capital PNoy enjoys. On the other hand, whoever will be elected President and given the tall order of leading the country to real development, can work vigorously to push for most if not all of these important initiatives.