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CfC REFORM STORY NO. 7 | PAGE 04 Footnote here CfC REFORM STORY NO. 7 | PAGE 03 In April 2016, the Election Service Reform Act (ESRA) was signed into law by then President Benigno ESTABLISHING THE CfC is a centerpiece program of the partnership between the Australian Aquino III. Among its principal goals Embassy and The Asia Foundation in was a provision allowing public the Philippines. CfC encourages civil school teachers to opt out of the EVIDENCE BASE society, private sector, academe, and previously mandatory election government to work together and bring about public policies that contribute service while simultaneously The Electoral Reforms Law of 1987 mandates to serve as election staff in 20 polling places to improving the lives of Filipinos and creating the opportunity for Philippine public school teachers to serve as nationwide. 2 promoting their economic well-being. ordinary citizens to serve in Board of Election Inspectors (BEI) . While the law provided a capable and available work- The pilot project found out that: 1) non-public elections. This brief traces the CfC focuses on development force, it unintentionally created incentives for school teachers were as effective in serving politicians to influence the hiring, promotion, as election staff, and 2) that there was already concerns that are consistent with the efforts of the many leaders and and placements of teachers. Some officials, for a widespread, albeit irregular practice of Philippine government’s agenda: organizations who contributed example, would leverage local education fund appointing non-public school teachers for promoting economic growth, reducing to this major reform. to choose the BEIs serving in their areas. election duties. vulnerabilities, improving education outcomes, and advocating for effective Four years ago, the Australian Embassy in Consultations with stakeholders including governance. Manila and The Asia Foundation, through officials from the Department of Education its Coalitions for Change (CfC) program, (DepEd), then Australian Aid managers, “The pilot project found supported the Legal Network for Truthful education experts, and civil society Elections (LENTE)1 to begin an initiative that organizations in 2013 confirmed political out that non-public helped pave way for the passage of the ESRA. interference in DepEd’s teaching staff. school teachers were as LENTE with support from CfC, then embarked on a pilot research project called Project effective in serving“ as Teacher to better understand the practices of election staff appointment and test the election staff. hypothesis that ordinary citizens (non-public school teachers) could serve effectively as In some cases, the appointees were relatives election staff. and employees of local government officials, which raised serious questions about the COMELEC endorsed and supported Project impartiality of election staff and the credibility Teacher during the barangay elections of of election in the areas studied. October 28, 2013 where ordinary citizens (non-public school teachers) were deployed 1LENTE is a nationwide non-partisan network of lawyers, law students, paralegals, and other 2 The Board of Election Inspectors (BEI) oversees the act of voting and its counting in their respective polling places. trained volunteers engaged in electoral, legal, and policy reform. BEIs act as deputies of the COMELEC in the supervision and control of assigned election polling places. CfC REFORM STORY NO. 7 | PAGE 05 Reports of media and human rights organizations also confirm the vulnerability BUILDING SUPPORT of public school teachers to political pressures LENTE focused on amending the Electoral Reforms Law of 1987 to address the concerns uncovered in the pilot project. The amendments intended to open election service • In 1995, teacher Filomena Tatlonghari died to non-teachers and introduce objective of a gunshot wound while protecting ballot criteria for selecting ordinary citizens as boxes, while in 2007, teacher Nellie Banaag election staff. was killed when men set her polling precinct 7 on fire.3 LENTE consolidated the various bills on electoral reform filed in Congress by then House Representatives Antonio Tinio, Erlinda • Lawsuits, usually filed by losing candidates, Santiago, Eric Olivarez, and Maria Leonor have been persistenty used to intimidate Gerona-Robredo8 to push ESRA through the BEI teachers. The International Foundation House Committee on Suffrage and Electoral LENTE and coalition members huddle at one of Congress’ plenary for ESRA. for Electoral Systems reported in 2014 that Reforms. pending legal cases filed against teachers implications and needed to obtain the approval Finally, in January 2015, the House Committee LENTE also began to hold forums and work- went as far back as the 1998 elections.4 Fear of the House Committee on Appropriations. on Suffrage and Electoral Reforms issued a shops to inform various organizations of Committee Report in January 2015, ready to of lawsuits and their limited capacity to hire a the proposed reform. Over time, the reform The team recognized that inclusion of financial move on to the second reading. lawyer, induce most public school teachers to became part of an informal coalition across benefits was critical to keeping the teacher just overlook irregularities. election-related constituents, including the associations – a broad and influential group LENTE and the coalition partners, however, DepEd, COMELEC, members of the House --- involved in the informal coalition. LENTE hit a stumbling block when the House Majority of Representative’s Committee on Suffrage • A 2014 report5 on education personnel worked with allies within the Department Floor Leader, Neptali Gonzales Jr., did not and Electoral Reforms, National Citizens’ of Budget and Management (DBM) and schedule the bill for second reading. It was in conflict-affected countries said that Movement for Free Elections (NAMFREL), the House Committee on Appropriations not outright opposition, but a matter of while “Attacks [to education personel] Parish Pastoral Council for Responsible Voting to incorporate ACT’s proposal on teacher prioritization of the bills for discussion within have occurred throughout the country and (PPCRV), Philippine Business for Education benefits in the draft ESRA bill. the House. calendar year”, violence have increased as (PBEd), Alliance of Concerned Teachers (ACT), elections drew near. Teachers’ Dignity Coalition (TDC), and other A significant part of 2014 was spent threshing organizations. out the bill’s funding provisions. • Former DepEd Secretary Bro. Armin Luistro The alliance with TDC and ACT, two prominent once said “…we [at DepEd] appeal to our education coalitions in the country, later 3 Conde, C.H. June 2007. Teachers bear the brunt of election violence in the Philippines. The New York Times. proved to be fortuitous in shaping ESRA. http://www.nytimes.com/2007/06/07/world/asia/07iht-phils.1.6035854.html candidates for local and national positions 4 International Foundation for Electoral Systems. 2004. Philippines Election Observational Program Strengthening to keep our teachers free from pressure and the Electoral Process. The issue of commensurate financial benefits 5 Global Coalition to Protect Education from Attack (GCPEA). 2014. Protecting Education Personnel from Targeted partisan interference. Our teachers have for serving during the elections emerged in the At tach in Conflict-Affected Countries. Pg 36. election duties that we need to keep beyond 6 Alcober, N. October 21, 2015. DepEd chief to teachers: Avoid partisan politics. The Manila Times, Inside News. course of its coalition-building efforts. ACT, http:// www.manilatimes.net/deped-chief-to-teachers-avoid-partisan-politics/225009/ 6 reproach.” led by Representative Antonio Tinio, had been 7 Consolidation of similar bills was necessary for the amendments to be considered for discussions by the relevant legislative committee. advocating a bill that will improve election staff 8 ACT Teachers party-list Representative Antonio Tinio filed House Bill (HB) 444, 1-SAGIP party-list Rep. Erlinda benefits. However, the said bill had financial Santiago filed HB 3205, Rep. Eric Olivarez from the 1st District, Parañaque City filed HB 3255, and Rep. Maria Leonor Gerona-Robredo from the 3rd District, Camarines Sur filed HB 3514. CfC REFORM STORY NO. 7 | PAGE 06 CfC REFORM STORY NO. 7 | PAGE 07 days remaining in the legislative calendar, Bangsamoro Basic Law and the Freedom of two critical steps needed to happen: 1) get Information. the Senate to pass the bill on second and third reading, and 2) convene a bicameral The new law has been well-received. Then HURDLING conference committee to reconcile the House PPCRV10 National Chairperson, Henrietta and Senate versions. Missing this window de Villa, announced that their volunteers meant starting again and going through the are ready to serve as BEIs, even in election entire process in the next Congress, and this hotspots or areas where election-related LEGISLATION time under a new administration. violence is highly likely. LENTE worked with its coalition and key CfC and LENTE again worked with COMELEC individual allies to secure Senate approval. to draft implementing rules to ensure ESRA LENTE exerted all efforts to convince Rep. With Senator Pimentel’s leadership, could be effectively implemented. The process Gonzales to prioritize the bill. LENTE turned ESRA passed the second reading on involved nationwide consultations with “Missing this to the Teachers’