Palace backs SC stance on political dynasty bill

MANILA, Philippines — Malacañang agrees with the Supreme Court on the need to pass a bill banning political dynasties, saying the measure remains a priority of the Marcos administration.

The high court has granted the consolidated petitions for certiorari and mandamus questioning the legislature’s failure to approve a law against political dynasties for 39 years, stressing that the failure constitutes “grave abuse of discretion.”

The SC unanimously ruled that Congress is required to enact a law barring political dynasties under Article 2, Section 26 of the Constitution. It regarded Congress’ failure to enact the law as a “refusal to perform a mandatory constitutional duty.”

“Even before the Supreme Court issued the decision, we all know that it (anti-dynasty bill) is one of the priority bills of the President. He really wants it fast-tracked and he wants the anti-political dynasty passed under his term if possible,” Palace press officer Claire Castro said yesterday.

“The President agrees with the decision of the Supreme Court that there should be a law on political dynasties,” she added.

Although President Marcos wants the measure enacted soon, the administration is leaving it up to Congress to determine the timeline for the passage of the bill. Castro acknowledged that lawmakers have a heavy workload and cannot be blamed for the status of the anti-dynasty bill.

“The timeline of Congress is in their hands. The President merely wants them to know that he wants it passed,” Castro said.

The 1987 Constitution explicitly seeks the prohibition of political dynasties as may be defined by law.

Marcos added the anti-dynasty bill in the list of his legislative wish list last December, a move that Malacañang said was spurred by the “abuses” committed by some politicians and calls for a “fairer system.”

“The political landscape is changing. Many are committing abuses. The President is right. The power to vote lies in the hands of the people, but abuses are being committed. The President wants the people to know that they have a choice – a choice that is based on merit, not just because the surnames are the same,” Castro added.

Speaker Faustino Dy III assured the public that the enactment of a constitutional anti-political dynasty law is a congressional priority, saying the House of Representatives has already passed its version.

Dy issued the statement after the SC directed Congress to immediately comply with its constitutional duty to enact the law.

“It’s our priority in Congress,” he said.

Dy said that “Congress has a historic opportunity to give fuller legislative effect to a constitutional policy that has long awaited comprehensive implementation.”

He also noted that the implementation of the constitutional policy requires a “fair, definite and principled legal framework” to promote equal access and opportunities to holding public office.

Last June, the House passed House Bill No. 8389, or the proposed Anti-Political Dynasty Act, on third and final reading.

The Senate has also advanced its version – Senate Bill No. 1901 – which is pending on second reading.

Retired associate justice Antonio Carpio said the SC has issued non-binding guidelines to Congress on what the anti-dynasty law should contain, which he said, is “unprecedented” and a “huge endorsement.”

Carpio said the high court, in its recent “landmark” decision, proposed that a political dynasty can include relatives up to the fourth civil degree.

“This is a huge endorsement from a unanimous Supreme Court. This is also unprecedented because in its decision the SC said it can only compel Congress to pass a law, and not what the law should be. Nevertheless, the SC did not hesitate to give guidelines to Congress. We could not ask for more from the SC,” he told The STAR.

Among the guidelines which the SC had set, Carpio said, is that covered persons can be prohibited from running for an elective office both simultaneously and successively for the same or any other covered position.

Relatives can also be prohibited from occupying both local and/or national elective positions, and the prohibition can optimally extend to all covered persons residing within the same administrative region.

Carpio said they will seek recourse from the SC if Congress passes the controversial bill principally authored by Dy and House Majority Leader Sandro Marcos.

Carpio said the bill, which bans relatives up to the second degree of consanguinity or affinity from running for or occupying a post in the same constituency or jurisdiction, only legitimizes political dynasties.

“We don’t concur with that bill. We will go to the SC and say, ‘This is not an anti-political dynasty law. This is a political dynasty legitimization and entrenchment law,’” he said in an interview over dzBB. — Daphne Galvez

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