1. Viva voce voting for Speaker is a century old tradition of consistent transparency which dates back to 1907 when Sergio Osmeña, Sr. was elected Speaker of the Philippine Assembly.
Incidentally, viva voce comes from the Middle Latin meaning “with the living voice”.
2. This immutable parliamentary practice of public and open voice voting has been unbroken for one hundred years during which the Philippine Legislature had elected a total of not less than 18 Speakers with the Hon. Jose C. de Venecia, Jr. having been elected Speaker during the 9th, 10th, 12th and 13th Congresses.
While there were attempts in the past to provide for secret balloting, these were all futile and invariably voted down.
All previous Congresses have adhered to the time-tested parliamentary practices of the Philippine Assembly, the House of Representatives, the Senate of the Philippines and the Batasan Pambansa. They are considered precedents and suppletory to the Rules adopted by each Congress. (Sections 146 and 147 of Rule XXIII of the 13th Congress)
3. Neither the Constitution nor a statute imposes secret balloting in the election of a Speaker. Likewise, there is no Constitutional or statutory provision which prescribes viva voce voting. However, the Rules of Procedure of the House of Representatives in previous Congresses mandate for viva voce on roll call vote in the election of the Speaker and the other officials of the House based on time honored precedents.
4. In a representative democracy where the elected legislators represent particular districts and marginalized constituencies to whom they are accountable for their respective votes in Congress, transparency, not secrecy, is the true measure of accountability.
Only brigands seek the cover of darkness; only cowards are emboldened by anonymity; and only turncoats take refuge in secrecy. But the steadfast and committed are fearless in proclaiming their votes.
I indict no one among my distinguished colleagues of honorable ladies and gentlemen of being a brigand, coward or turncoat who needs the convenient shield of secret balloting. There being none, let us not abandon a hallowed tradition of utmost transparency.
5. Although Representatives are elected by secret ballot as mandated by the Constitution under Section 2 of Article V, and for practical reasons because no viva voce voting is viable with millions of voters, tens of thousands of precincts and numerous candidates vying for different positions, after they are elected, proclaimed and seated as Members of the House of Representatives, their respective constituencies are entitled to know how they have voted in the House.
This is the reason why voting for Speaker and other officials of the House is by viva voce and voting for the enactment of statutes is likewise by viva voce.
Genuine democracy reigns in transparency.
6. The contention that the Speakers in Canada, Australia, the United Kingdom, Japan and India and the President of the German Bundestag and of the French National Assembly are all elected by secret ballot is misleading and has no parity with respect to the election of the Speaker of the Philippine House of Representatives for the following reasons:
- The Speakers and heads of the legislatures of the aforementioned countries are mere titular presiding officers because it is the Prime Ministers of these countries representing the majority party or the majority coalition who are the real heads of Parliament as well as Chief Executives; and
- All of the said countries are parliamentary governments while the Philippines is presidential. In the United States and other countries with presidential forms of government, like in the Philippines, the Speaker is elected by viva voce roll call vote.
It is erroneous to compare apples with oranges. No analogy obtains.
7. Adopting secret balloting for the election of the Speaker will establish a dangerous precedent wherein subsequent issues, whether administrative or legislative, like the enactment of statutes, shall be subject to secret balloting which will doom the enviable tradition of transparency and public accountability for the actions of the people’s representatives.