Three petitions have been filed so far, asking the Supreme Court to compel Congress to carry out the constitutional mandate to pass an enabling law defining and prohibiting political dynasties.
But the three branches of government are supposed to be co-equal and independent. If the Supreme Court rules in favor of the petitioners, can it order the legislature to do its job?
The SC had previously stepped into the role of the executive branch in issuing a writ of kalikasan, which ordered several executive departments to clean up Manila Bay. But that was the executive branch.
Also, instead of a cleanup, we got the high-maintenance artificial Dolomite Beach in Manila plus continuing commercial bay reclamation from Cavite to Bulacan.
So there are questions of compliance in case the SC orders Congress to carry out its constitutional mandate and pass a law against political dynasties. Heeding the judicial order could spell political suicide (and doom for family-run businesses) for many congressmen and senators.
We wouldn’t be facing this conundrum – and the anarchy of dynasty-building in Philippine politics – if the constitutional commission or concom that drew up the 1987 Charter had expressly defined and prohibited political dynasties.
* * *
Former Commission on Elections chairman Christian Monsod, one of the framers of the Charter, admitted that the concom made two mistakes in crafting the so-called Freedom Constitution: “We overestimated the spirit of EDSA, and we underestimated the greed of politicians for power and money.”
He recalled what the late Manila Archbishop Jaime Cardinal Sin said amid the post-EDSA disappointment – that Filipinos got rid of Ali Baba but the 40 thieves were left behind.
Monsod told “Storycon” on One News last Tuesday that the concom members wanted to ban political dynasties up to the fourth degree of affinity or consanguinity. But they later decided to leave the definition to Congress.
Now we’re seeing the awful consequences.
The midterm elections in May are the most appalling so far in terms of dynasty-building. The bad news? It looks like we ain’t seen nothing yet; the worst is yet to come.
We now have the spectacle of branches of the same dynasty battling for dominance in their turfs, with members bearing the same surnames running for the same posts.
Monsod founded the Legal Network for Truthful Elections and remains active in the National Citizens’ Movement for Free Elections. LENTE and Namfrel engage with the masses in efforts to promote clean elections and an informed vote.
These tasks have become more challenging with the decline in the quality of education, persistent poverty and now the confusion sown by widespread fake news and disinformation.
There is also general disappointment in politics and government, with millions of Filipinos – and not only the poor – seeing little improvement in their lives regardless of whoever is in power.
“For some of them, election is theater,” Monsod noted.
* * *
Monsod and Comelec Chairman George Garcia have pointed out that prohibiting dynasties is possible. The dynasty ban is in place in the Bangsamoro region and in the Sangguniang Kabataan.
But what happens if the SC orders Congress to pass the enabling law, and legislators refuse?
Monsod says public pressure will help, especially if it’s coming even from the grassroots. The poor, he says, must be brought on board, difficult as the task may be because of the vulnerability of the needy to the dependence on ayuda and patronage that politicians have cultivated.
This year, the thieves in Congress have even institutionalized the use of state-funded ayuda for their personal and partisan purposes. And President Marcos went along with it.
Monsod recalls that during the Marcos dictatorship, the opposition touched base with the masses, raising awareness of the pernicious consequences of authoritarian rule on the lives and livelihoods of ordinary people.
For the 1986 snap elections, Ferdinand Marcos’ challenger Corazon Aquino effectively used the steep price of round scad or galunggong, which is supposed to be the poor man’s fish, to deliver that message.
Monsod observed that unfortunately, all administrations post-EDSA including that of Cory Aquino failed to fulfill the revolt’s promise to the poor of a better life.
Still, he thinks that today, change “from the ground up” is still possible.
The poor, Monsod says, “are the hope of the country.” Those who care about the nation must engage with the poor. All sectors must be on board in promoting an informed vote and breaking the culture of mendicancy fed by state-funded patronage.
“We need business with a conscience,” Monsod adds.
It’s good to see someone of his age still optimistic about Filipinos’ capacity for dramatic reforms. I know younger Pinoys, including from my generation, who have become cynical.
“We did it before,” Monsod said. “And we can still do it.”
Quoting from economists Daron Acemoglu and James A. Robinson, Monsod said liberty flourishes along a narrow corridor between aristocracy and anarchy. The two wrote the 2019 book “The Narrow Corridor” and the 2012 international bestseller “Why Nations Fail.”
Monsod asks, where are we in that corridor? Dynastic clans now account for about 80 percent of the members of the House of Representatives. Both the President and Vice President belong to entrenched dynasties.
“And it’s getting worse,” Monsod said. “We have to stop this.”