In December 2007, Libertas released its Baseline Study on the Study on the System of Election Adjudication in the Philippines. Essentially a survey of the laws, processes and procedures in settling election disputes, the study also probed into the factors affecting people’s perception on the credibility of the election adjudication bodies (trial courts, the Commission on Elections [COMELEC], the House of Electoral Tribunal [HRET], the Senate Electoral Tribunal [SET], the Presidential Electoral Tribunal [PET] and the Supreme Court), using the following key indicators:
- Independence and Impartiality - The study looked into the following factors affecting the independence and impartiality of the adjudicative bodies involved in resolving election disputes: (a) operational and fiscal independence; (b) composition; (c) manner of selection and appointment of officials; (d) level of exposure to politics; and (e) mechanisms to check the conduct of the officials.
- Accessibility - The study focused on the following problem areas encountered in obtaining relief from the adjudicative bodies: (a) location of the hearings or proceedings; and (b) costs of pursuing election cases.
- Efficiency - The study gauged the efficiency of the adjudicative bodies in resolving election contests, taking into account the following: (a) the rules of procedure, as well as the internal mechanisms adopted to timely resolve election disputes; (b) the number of election disputes raised; (b) the number of election disputes resolved prior to the expiration of the terms of the offices contested; and (d) the length of time it takes the adjudicative bodies to resolve election disputes.
- Acceptability and Soundness of Decisions - The study measured the level of acceptability and soundness of the decisions promulgated by the adjudicative bodies, using the following indicators: (a) the percentage of disputes appealed; (b) the rate of reversal or affirmation of the questioned decisions/resolution promulgated by the adjudicative bodies.
- Transparency of the Proceedings and Records - The study looks into the procedures employed by the tribunals to ensure the transparency of the proceedings and the mechanisms used to ensure preservation of their records.
- Preservation of Integrity of Evidence - The study examines the procedures employed by the adjudicative bodies to preserve the integrity of evidence, as well as, the ability of the adjudicative bodies to identify when the integrity of evidence is compromised.
The cases reviewed by Study are limited to election contests, i.e., petitions for quo warranto and election protests, filed and resolved by the different adjudicative bodies from the 1987 elections to the 2007 elections, including barangay elections. Combining library research with interviews of experts, a focused group discussion (FGD), and a public forum, the study painted an over-all picture of the state of election adjudication in the Philippines, and based on the perceived gaps and weaknesses, the study drew recommendations that may serve as a roadmap towards concrete and lasting reforms in the system of election adjudication.
Copy of the Study may be accessed at: http://www.libertasphilippines.org/
