POLGOV Book 1
POLGOV Book 1
POLGOV Book 1
Introduction
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REGULATING CAMPAIGN FINANCE IN THE PHILIPPINES 277
out of its own institutional boundaries, others such as the Philippine Congress
ought to typically ask themselves how they must react to come up with a least
bad outcome. That is, if they have an incentive to fear being left behind by
successful moves. So the first agency must motivate at least a few others to
copy its actions, and hopefully create a virtuous circle of reforms.
In the Philippines, the steadfast advance of the capacity of the state and
the strength of its public administration are easily repressed by powerful
vested interests.
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public goods (contract rights, sale of public assets). Bribes are offered and
accepted to ensure the capture of these resources; in turn these bribes
transfer monopoly rents to private interests. Such substantial gains for
private parties unfortunately generate negative externalities for the rest of
the economy and society at large.
The key, according to the World Bank (2000), is to establish rules (or
institutions) that stretch politicians' time horizons to improve the efficacy of
elections as a reward mechanism. That means redirecting the system so that
politicians assume a longer range of vision. The longer the term goals, the
higher are the politicians' incentives to adhere to good governance. For
example, political systems that make political parties relatively stronger vis-
a-vis candidates should have fewer self-interested politicians. Close lists are
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When political parties vie for the provision of the same public service in
a competitive environment by way of an election, they tend to reduce the
extraction of rents and distribute political rewards more evenly (World Bank
2000). Because the elected official has a social coalition behind his position,
the official will be less susceptible to powerful elite forces out to bend the
state to their will (Igaya 1999). The party is often put in a contradictory
position of pleasing every constituency, but if it is unable to carve its own
role, goals and policies, it weakens its position vis-a-vis other stakeholders
and makes it susceptible to pressure by dominant interest groups.
I
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All these make the paper trail very difficult, and even aggressive.
Nongovernment organizations (NGOs) like the Philippine Center for
Investigative Journalism (PCIJ), which is noted for uncovering several
campaign finance irregularities, have to chart courses not trodden to establish
proof of wrongdoing.
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Current laws leave little way of knowing what the scope of the problem
might be. Major corrupt practices via campaign contributions do not seem to
precipitate any kind of crisis in the Philippine political system. But it is also
hard to see how existing laws would systematically reveal such problems, or
prevent efforts at influence-buying by sufficiently determined and skillful
agents. Some of the major questions, such as, what constitutes knowing
involvement in raising funds, what is or is not an illegal contribution, are
well-removed from the actual exercise of corrupt influence, and from rent-
seeking behavior by agents, that is, politicians and bureaucrats. It is difficult
to make a case that political contributions, either foreign or domestic, have
captured the Philippine political process. But it is quite clear that campaign
finance in the Philippines may pose emerging corruption risks demanding new
safeguards.
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,
So what else could the Philippines be possibly doing right? The one
important thing going for the Philippines is its romance with civil society.
Civil society is much more developed in the Philippines than in any other
Southeast Asian country. When civil society is franchised, collective action
blossoms, and institutional restraints within the state are let loose, allowing
the country generally to successfully confront internal pressures for reform.
When civil society is repressed, ambitious reform campaigns flounder at the
implementation stage.
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policy choices that are mutually reinforcing, and have a demonstrable impact
in reducing weak campaign finance initiatives. Some measures are
distressing, but not irreversible. Decisive leadership can push the necessary
reforms as new gains give the reform program a new credibility.
Two immediate things make change a likelier outcome than stasis. One
is that pressures to deliver have given the government a continuing motive for
reform, while persuading most other stakeholders, whatever their snarls of
criticism or resentment, not to stand in its way. The second is that the
actions implied by that motive are likely to draw the government into new
acts and new types of engagement, whether it likes it or not.
Since the big challenge is how to dilute the high concentration of power
-by vested interests, the repertoire of reform must gradually expand to include
broader structural interdependence among core state institutions. "Give and
take" between the state and civil society is a must. The key focus of good
governance should be on enhancing political accountability and taking
maximum advantage of a strong legacy of public management. The priorities
should include creating new accountable structures, such as mass political
parties, increasing formal channels of access to decisionmaking,
deconcentrating political and economic power through deeper
decentralization, and enhancing oversight through participatory strategies.
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But dues and membership fees obviously would fall short of parties' total
needs. If membership fees are set too high, they will discourage potential
members. Parties will likewise be reluctant to bleed their own affiliates and
officials too hard. Like it or not, parties would try to pass the hat around
more widely, raising the question of how far they can go.
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law needs an oversight body. In the Philippine case, the COMELEC, given its
management role in campaign finance, is in a good position to give life to
freedom of information, recognized in the Philippine Constitution but still
needing legislation. 1I
i
Ban the Use of State Resources for Political Purposes. Parties in
government should not use state funds, postal services, cars, computers, or I
other assets for political purposes or in election campaigns. !
The administration party, because of its access to far greater resources
than opposition political parties, is often accused of tapping government
resources, and using the government machinery to support its candidates
(Gonzalez 2002). Yet ruling parties need to be guided by distinct funding
rules. Regulation should draw a line between proper governmental spending
and the use of public money to keep the ruling party in power. For example,
the administration has a right to spend public money to implement party
programs, or to test whether policies are working. But it should be barred
from spending designed to test voters' attitudes to public policies, or to
..
I
persuade the electorate to vote in a particular way (The Economist 1999). For
example, the ruling Lakas-National Union of Christian Democrats (NUCD)
party decides to support a shift to a parliamentary system. It should not, I
I
under normative rules, be allowed to circulate its stand in the referendum ~
using public money.
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In some cases, restricting the amount may yield better results than
restricting the type of spending. In the Philippines, an election reform bill
now pending in the Senate puts limits on voluntary contribution: P100,000 for
individuals and P500,000 for corporations. But this approach of putting a cap
is wrought with practical difficulties. A crucial test is timing: what period
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should be covered by the spending limit? The Economist (1999) outlines the
dilemma:
Often, the earliest spending is the most effective. Money spent years
before an election on party infrastructure or computerized databases
may pay greater political dividends than a last-minute advertising
splurge. But cumulative limits set several years in advance would
prevent early-spending parties from adjusting their tactics towards the
close of a campaign. In France, all spending in the year before an
election counts towards the limit. In Britain, where the date of an
election is set by the prime minister, often only weeks in advance, the
limits apply only to spending after the official start of a campaign
(1999: 48).
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course, its reform efforts will require the combined energies of national, local
and civil society key players. Certainly, any leadership will produce mistakes.
The point however is without it, worse things can happen. Leadership is
needed where others cannot be expected to step in so readily and directly.
Paradoxically, even limited reforms also set the stage for state capture,
enabling narrow interests to shape policies to their liking and in the end
undermining public trust and weakening the impetus for further reform. The
lack of bold campaign finance initiatives, in the context of weak leadership,
illustrates the difficulty of emerging from a vicious cycle once it has taken
hold.
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demonstration effect but may only survive a brief period before being
swamped by inefficiencies at other levels. Initial reforms ought to grow into
more comprehensive programs. These include strengthening COMELEC's
monitoring capability (a core of strong, credible, and independent
professionals could reverse its fortunes), putting more realistic limits on
contributions and spending, assuring the passage of a state financing law, and
generating more accountability in the ranks of civil society organizations
involved in watching over campaign finance. Despite attempts to limit
government's role to enabler and facilitator, it remains the biggest player, in
terms of its own public management stakes.
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identifying priorities and monitoring results, but they cannot deploy the
political will and resources of the state that eventually are needed to create
transparent and accountable institutions of campaign finance. The challenge
ahead is highly regarded but the task will not be easy.
Endnotes
2 What can be found are "cadre" members (candidates and their retainers), not "mass"
members.
3For most, and particularly for challengers, party support is often limited or nonexistent.
5 The current practice is to give the candidate the benefit of the doubt and make decisions
ex-post.
References
Azfar, Omar, Tugrul Gurgur, Satu Kahkonen, Anthony Lanyi, and Patrick Meagher
2000 Decentralization and Governance: An Empirical Investigation of Public
Service Delivery in the Philippines. Iris Center, University of Maryland,
College Park. 19 December.
Blechinger, Verena
2000 Corruption Through Political Contributions in Japan. Paper submitted for a
TI workshop on corruption and political party funding in La Pietra, Italy.
Transparency International. October.
David, Randy
1997 The Philippine Party-Building Experience. In Soliman Sanots Jr., ed. Papers
of a Party in the Making. Quezon City: Institute of Politics and Governance.
De Castro, Isagani
1998 Campaign Kitty. In Sheila S. Coronel, ed. Pork and Other Perks: Corruption
and Governance in the Philippines. Pasig City: Philippine Center for
Investigative Journalism.
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Franco, Jennifer C.
2000 Campaigning for Democracy: Grassroots Citizenship Movements, Less-Than-
Democratic Elections, and Regime Transition in the Philippines. Quezon
City: Institute for Popular Democracy.
Gonzalez, Eduardo T.
2002 The State as Regulator of Political Parties: A Study of Political Incentives
and Constraints. A Paper Prepared for Friedrich Ebert Stiftung. Pasig City,
Philippines.
Igaya, Luis G.
1999 The Political Economy of the Philippine Democratic Tradition. In Kristina N.
Gaerlan, ed. Transitions to Democracy in East and Southeast Asia. Quezon
City: Institute for Popular Democracy.
Johnston, Michael
2000 International Corruption via Campaign Contributions. Paper submitted for a
TI workshop on corruption and political party funding in La Pietra, Italy.
Transparency International. October.
Pujas.Veronique
2000 Corruption via Party Financing in France. Paper submitted for a TI
workshop on corruption and political party funding in La Pietra, Italy.
Transparency International. October.
Rocamora, Joel
1998 Inroduction: Corruption in the Philippines, A Beginner's Guide. In Sheila S.
Coronel, ed. Pork and Other Perks: Corruption and Governance in the
Philippines. Pasig City: Philippine Center for Investigative Journalism.
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Romero, Segundo E.
2002 Political Party Alliances, Constituencies, and Mass-based Political
Development in the Philippines. Friedrich Ebert Stiftung.
Rose-Ackerman, Susan
1999 Corruption and Government: Causes, Consequences, and Reform. United
Kingdom: Cambridge University Press.
The Economist
1999 You Pay Your Money. 31 July: 48 column 2.
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