IN A DECISION publicly released last week, the Supreme Court directed Congress to enact a law prohibiting political dynasties. The legislature’s 39-year failure to fulfill the constitutional mandate, according to the Court, has amounted to grave abuse of discretion.
It was a unanimous decision rendered by the Court en banc. Article II, Section 26 of the 1987 Constitution imposes a mandatory duty on Congress to pass a law defining and prohibiting political dynasties.
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The ruling is a result of consolidated petitions filed by some groups seeking to compel Congress to fulfill its duty under the Constitution to enact legislation outlawing political dynasties.
Akbayan Party-list Rep. Chel Diokno has welcomed the decision.
“This decision of the Supreme Court is groundbreaking. This is a very welcome decision for us because we have long been advocating for a genuine Anti-Political Dynasty Law,” Diokno said.
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Political families have long hidden behind the excuse that there is no law defining political dynasties as proscribed under the 39-year-old Constitution.
Some of them have even exported their dynasties to provinces and cities outside of their natural birth. Buoyed by wealth generated from corruption and patronage they have flouted the Constitutional edict and have gone their merry way further widening the breadth of their power and influence.
In the ponencia of Justice Ramon Paul Hernando, the Court observed that “in the Senate of the 19th Congress, three sets of family members served together as senators: two siblings, two half-siblings, and one parent and child.”
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Meanwhile, Justice Hernando continues, “a startling 216 out of 253 district representatives in the 19th Congress had at least ‘one other relative previously or currently elected into public office, or hoping to be elected in 2025.’”
Senior Associate Justice Marvic Leonen was even more pointed. He wrote, “where at least five clan members are politically active, such a ‘fat’ dynasty may be described as ‘obese.’”
Leonen also described “thin dynasties.” In Davao City, the Dutertes, for example, is one such thin dynasty through the succession of former President Rodrigo Duterte, Vice President Sara Duterte and Sebastian “Baste” Duterte in the mayoral seat of the city.
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Because of the principle of separation of powers, the Supreme Court could only recommend an enabling law that provides the following:
Prohibition of relatives up to the fourth civil degree of consanguinity and/or
affinity, including half-blood, adoptive, step, and common-law relationships, as well as both Legitimate and illegitimate filiations.
Covered persons can be prohibited from running for an elective office both simultaneously and successively for the same or any other covered position.
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More details are suggested: Relatives can be prohibited from occupying both local and/or national elective positions.
The prohibition can optimally extend to all covered persons residing within the same administrative region.
Will the country finally see a law that is truly anti-dynasty, and consequently, anti-corruption and anti-patronage? Or will members of Congress interpret this as a mere advisory opinion that may or may not be heeded?/PN
