A Disproportionately Unequal Playing Field: Challenges To and Prospect For Campaign Finance Law and Policy in The Philippines
Abstract
In the Philippines, the influence of money poses a challenge to political participation and representation of socially excluded, lesser-known, and historically underfunded candidates. Marginalized people and sectoral groups have to cope with discrimination alongside hurdling additional barriers of limited access to economic resources and rising campaign costs. Using Carol Bacchi’s “what is the problem represented to be?” (WPR) approach, this paper primarily interrogates how equal access to opportunities for public service is defined and represented in Philippine campaign finance law and policy. The approach also offers a conceptual framework that helps surface what remains ‘unproblematized’ by existing policy discussions and narratives. This paper contends that challenges to electoral integrity, accountability, and transparency in campaign finance are not solely due to ineffective implementation and enforcement. The WPR approach enables us to reflect on how existing policy interventions or responses to what the law identifies as problematic can also entrench elite power and replicate uneven power dynamics evident in Philippine society. Thus, for campaign finance laws to promote, rather than block, political participation and representation, additional attention must be given to the assumptions, policy gaps, and silences that give rise to anti-competitive, corrupt, and disempowering practices and norms. The resulting analysis may prove useful for outlining avenues for future law reform and policy advocacy efforts, but invite the imagining of alternative and inclusive proposals to ensure that the ability to run for public office rests on merit and ability, rather than access to financial influence and resources.
References
Alechnowicz K and Chapman S, ‘The Philippine Tobacco Industry: “The Strongest Tobacco Lobby in Asia”’ (2004) 13 Tobacco Control ii71.
Bacchi C and Goodwin S, Poststructural Policy Analysis: A Guide to Practice (Springer 2016).
Bacchi C, ‘“Are ‘Problem Representations’ (WPR) Problematizations?”’ (Carol Bacchi, 11 June 2018)
Bacchi C, ‘Introducing the “What’s the Problem Represented to Be?” Approach’ in A Bletsas and C Beasley (eds), Engaging with Carol Bacchi Strategic Interventions and Exchanges (University of Adelaide Press 2015).
Bacchi C, ‘Why Study Problematizations? Making Politics Visible’ (2012) 02 Open Journal of Political Science 1.
Bacchi CL, Analysing Policy: What’s the Problem Represented to Be? (Pearson Education 2009).
Bast CM and Pyle RC, ‘Legal Research in the Computer Age: A Paradigm Shift’ (2001) 93 Law Libr J 285.
Bowen G, ‘Document Analysis as a Qualitative Research Method’ (2009) 9 Qualitative Research Journal.
Brillo BBC, ‘A Theoretical Review on Philippine Policy-Making: The Weak State-Elitist Framework and the Pluralist Perspective’ (2011) 39 Philippine Quarterly of Culture and Society 54.
Carlos C, Lalata DM, Despi D, and Carlos P, ‘Democratic Deficits in the Philippines’ in A Future For Democracy (Konrad-Adenauer-Stiftung, Singapore 2011).
Cigane L and Ohman M, ‘Political Finance and Gender Equality’ (IFES White Paper, 2014), IFES White Paper.
COMELEC, ‘Campaign Finance’ (Republic of the Philippines Commission on Elections, 2020)
Filane MC, ‘Bill Raising Spending Limit for Candidates Gets House Nod’, Philippine News Agency (1 June 2020)
Gonzalez ET, ‘Regulating Campaign Finance in the Philippines: Limits and Challenges’ (2003) 47 Philippine Journal of Public Administration 26.
Head BW, ‘Reconsidering Evidence-Based Policy: Key Issues and Challenges’ (2010) 29 Policy and Society 77.
Laut A, Mariano A, Ontolan F, Baracamonte N, Aguado C, and Ponce S, ‘Graft and Corruption Practices Among Selected Public Officials in Mindanao, Southern Philippines’ (2013) 4 Journal of Government and Politics 237.
Mangahas M, ‘P2.4-B Pre-Campaign Ads: Bong Go, Marcos, Roxas, Roque Top Spenders’ (Philippine Center for Investigative Journalism, 13 February 2019)
Marañon III E, ‘Is It Time to Amend the Philippines’ Campaign Finance Law?’ (2019)
Mauk M, ‘Electoral Integrity Matters: How Electoral Process Conditions the Relationship between Political Losing and Political Trust’ [2020] Qual Quant.
Nadate AC, Jacky S, and Huggins B, ‘Characterising Tobacco Industry Interference Tactics in the Philippines towards Preemptive Advocacy and Policy Design’ (2018) 4 Tob Prev Cessation.
News A-C, ‘Revilla Credits Plunder Acquittal, “Budots” Ad Campaign for “Magic 12” Ranking’ (ABS-CBN News, 17 May 2019)
Patawaran RD, ‘Corporations’ Political Contributions under Revised COrporation Code’ (Manila Times, 2019)
Philippine Commission on Women, ‘Women’s Political Participation and Representation’ (February 2021)
Querubin P, ‘Political Reform and Elite Persistence: Term Limits and Political Dynasties in the Philippines’ (SSRN Scholarly Paper, Social Science Research Network 2012), SSRN Scholarly Paper.
Quimpo NG, ‘THE PHILIPPINES: Political Parties and Corruption’ [2007] Southeast Asian Affairs 277.
Reilly B and Reynolds A, ‘Electoral Systems and Conflict in Divided Societies’ in International Conflict Resolution After the Cold War (National Research Council 2000).
Reyes V, ‘Can Public Funding Overcome Corruption? A View from the Philippines’ in Money, Corruption, and Political Competition in Established and Emerging Democracies (Lexington Books 2012).
Rieger J, ‘Social Media: A Game Changer in Philippine Elections’ (The Asia Foundation, 27 April 2016)
Tangkia FP and Habaradas MA, ‘Party-List System: The Philippine Experience’ [2001] Manila: Friedrich Ebert Stiftung.
Teehankee J, ‘Electoral Politics in the Philippines’ [2002] Electoral Politics in Southeast and East Asia 149.
Teehankee JC, ‘Electoral Campaigning in the Philippines’ in Election Campaigning in East and Southeast Asia: Globalization of Political Marketing (Ashgate Publishing, Ltd 2006).
Temprosa FT, ‘A Human Rights Discourse on Campaign Finance in the Philippines’ (SSRN Scholarly Paper, Social Science Research Network 2013), SSRN Scholarly Paper.
Yumol DT, ‘House Approves Bill on Increasing Candidates’ Campaign Expenditures Limit’, CNN Philippines (no date)
Authors
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.