Feudal state

Under the Constitution (Section 26, Article II), “The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.” From this provision, it is quite clear that our Constitution recognizes the overwhelming desire of our people for the equalization of political opportunities which must be given substance and effect. It must be pointed out however that this provision is only one of the principles and State policies enumerated in our Charter and therefore requires an enabling legislation for its implementation. Yet up to now or more than thirty one years after the adoption of our Constitution in 1987, no such law has been enacted by our Congress. And so, it can be said this is one of the provisions of our Constitution which has been flagrantly ignored and disregarded. It is more honored in breach than in observance.

It is interesting to note in this connection that last March 21, 2018, the Senate Committee on Electoral Reforms and Peoples’ Participation and the Committee on Constitutional Amendments and Revision of Codes, has already submitted for approval of the Senate and the Lower House, Senate Bill No. 1765 entitled “An Act Defining and Prohibiting Political Dynasties, Providing Penalties Therefor and For Other Purposes.” This Bill is in substitution for several other proposed bills in the Senate introduced by different Senators, and uniformly entitled “An Act Prohibiting Establishment of Political Dynasties,” more particularly: Senate Bill (SB 49) authored by Senator Panfilo Lacson; SB 230 introduced by Senator Franklin Drilon; SB 897 introduced by Senator JV Ejercito; SB 1137 introduced by Senator Grace Poe; and SB 1688 introduced by Senator Paolo Benigno Aquino IV. Also substituted is SB 1258 introduced by Senator Loren Legarda and entitled “An Act Defining and Prohibiting Political Dynasties, Providing Penalties Therefor and For Other Purposes.”

As defined in SB 1765 approved by the Senate, “Political Dynasty shall refer to the concentration, consolidation and/or perpetuation of public office and political powers by persons related to one another within the second degree of consanguinity or affinity. In other words, these include the legal or common law husband or wife; brother or sister whether full or half blood; direct ascendants or descendants (parents and their children) whether legitimate, illegitimate or adopted including their spouses (Section 3,(b) (d) (e) and (f).

Political Dynasty Relationship exists when these relatives of an incumbent elective official runs for public office to succeed or replace said incumbent, or runs for or holds any local elective office simultaneously with the incumbent within the same province, legislative district, city or municipality, and within the same barangay or barangays in the same legislative district. Political Dynasty Relationship shall also be deemed to exist if the incumbent is a national elective official including incumbents in the party list system and their abovementioned relatives run for any position in the national or local level as barangay captain, mayor, governor, or district representative in any part of the country; or where two or more persons who are so related run simultaneously for elective office at the national level or at the local level within the same province, legislative district, municipality or city and within the same barangay or barangays in the same legislative district even if neither is so related to the incumbent elective official Section 3 (c).

Clearly, the bill is all encompassing enough as to give effect to the State Policy of equal access to opportunities for public service. If the bill has been passed so many candidates in the coming elections and even in previous elections, would be disqualified for violating these provisions of the Bill. Notable among the “dynasties” now existing in violation of this state policy is of course the Dutertes. With their father as the incumbent President, three siblings are running in Davao, namely Sara Duterte-Carpio for mayor of Davao City, Sebastian Duterte for Vice mayor and Paolo Duterte for Congressman. Then there is also the Binays in Makati City. Two siblings Jun-Jun and Abigail “Abby” Binay are fighting each other for City Mayor. Their father, Jojo Binay is running for Congressman even as their other sibling Nancy Binay is sitting as incumbent Senator. The same is true with the Estrada-Ejercito family in San Juan whose father Joseph Estrada is running for reelection as Mayor of the City of Manila and brother, JV Ejercito running for the Senate. Worth mentioning also are the Cayetanos of Taguig City who are running for Senator, Congressman and City Mayor. In other parts of the country, we also have the Villafuertes of Bicol who are running for Governor, Congressman and Mayor. Of course the  family of the late Dictator Marcos is still the leading dynasty in Ilocos Province who are running for Governor, Congressman and Senator. The “newest” dynasty emerging especially in General Santos is of course Manny Pacquiao’s family who are running for Congress and as Vice Mayor.

And so as the years go by, it would seem that there will be more political dynasties to the extent that Congress itself may be controlled by political clans thereby rendering the passage of an Anti Dynasty bill more and more impossible. In fact Duterte himself already doubts the passage of this bill as he recognized that the country’s political system has been dominated by the “power elite” that would likely oppose the prohibition of political dynasty.

Perhaps it would be fitting to end this piece by citing following message posted in Facebook by a citizen apparently disgruntled by this political dynasty. He said:

“Kapatid laban sa kapatid, laman sa laman. Sila sila nag-aagawan sa kapangyarihan, utak gahaman. Wag iboto ang mga yan. Kadugo pero kanyang tinakwil para sa ambisyon. How can they govern if they can’t even take care of their own household?

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