Political Dynasties
Background
Philippine society, many sociologists note, revolves around the system of
extended families. However, this extended family system, an otherwise beneficial
concept when applied to the social aspects of human behavior, finds its pernicious
effects in the political arena where public office becomes the exclusive domain of
influential families and clans that are well entrenched in Philippine politics. The
monopoly of political power and public resources by such families affects the
citizenry at the local and national levels.
The socio-economic and political inequities prevalent in Philippine society
limit public office to members of ruling families. In many instances, voters, for
convenience and out of cultural mindset look up to these ruling families as
dispensers of favors, and thus elect relatives of these politically dominant families.
Here in the Philippines, there are laws that have been passed to combat the
dominance of political dynasties.
Laws
In the 1987 Constitution of the Republic of the Philippines, Article II,
Section 26 states that:
The State shall guarantee equal access to opportunities for public service
and prohibit political dynasties as may be defined by law.
Senate Bill 2649
Also known as The Anti-Political Dynasty Act, is an act which prohibits the
establishment of political dynasties.
Definition of terms:
Political Dynasty - exists when a person who is the spouse of an incumbent
elective official or relative within the second civil degree of consanguinity or affinity
of an incumbent elective official holds or runs for an elective office simultaneously
with the incumbent elective official within the same province. It may also exist when
the spouse or a relative within the second civil degree of consanguinity or affinity
occupies the same office immediately after the term of office of the incumbent
elective official. It also deems to exist when two or more persons who are spouses
or are related within the second civil degree of consanguinity or affinity run
simultaneously for elective public office within the same province, even if neither is
related to an incumbent elective official.
Spouse - the legal and common-law wife or husband of the incumbent elective
official.
Second Civil Degree of Consanguinity or Affinity - the relatives of a person
who may be the latter's brother or sister, whether of full or half-blood, direct
ascendant or direct descendant, whether legitimate, illegitimate or adopted,
including their spouses.
Running for an Elective Office - Deems to commence upon the filing of the
certificate of candidacy by a candidate with the Commission on Elections
(COMELEC).
Holding an Elective Office - Deems to commence from the moment the public
official takes his or her oath to office.
Content
Persons Covered; Prohibited Candidates
No spouse, or person related within the second degree of consanguinity or
affinity whether legitimate or illegitimate, to an incumbent elective official seeking
reelection shall be allowed to hold or run for any elective office in the same province
in the same election. In case the constituency of the incumbent elective official is
national in character, the above relatives shall be disqualified from running only
within the same province where the former is a registered voter.
In case where none of the candidates is related to an incumbent elective
official within the second degree of consanguinity or affinity, but are related to one
another within the said prohibited degree, they, including their spouses, shall be
disqualified from holding or running for any local elective office within the same
province in the same election.
In all cases, no person within the prohibited civil degree of relationship to the
incumbent shall immediately succeed to the position of the latter: Provided,
however, that this section shall not apply to Punong Barangays or members of the
Sangguniang Barangay.
Effect of Violation of Prohibition
The COMELEC shall motu proprio or upon a verified petition of any interested
party deny due course to any certificate of candidacy filed in violation of this Act.
Period for Filing Petition for Disqualifcation
Any citizen of voting age, candidate or duly-registered political party,
organization, or coalition of political parties may file with the COMELEC, after the
last day for filing of certificates of candidacy and before proclamation.
Summary Proceedings
The petition shall be heard and decided summarily by the COMELEC, after
due notice and hearing, and its decision shall be executed after the lapse of five (5)
days from receipt thereof by the losing party.
Advantages and Disadvantages of these Laws
Advantages
These laws help eradicate one of the most prevalent problems in
Philippine politics which is the prevalence of political dynasties.
Anyone of voting age may file a petition to help remove political
dynasties within their area which means that the masses can take it
into their own hands to oust political dynasties from the government.
These laws discourage the formation of new political dynasties and the
continuation of existing dynasties.
Equality for all in terms of opportunities to serve publicly as stated in
Article 2, Section 26, in the 1987 Constitution can now be truly ensured
with the ratification of the Anti-Political Dynasty Act as more people
can now run for office since no surnames can dominate the political
scene.
Disadvantages
Political dynasties are still ever so present in the government even with the
recent ratification of the Anti-Political Dynasty Act.
By prohibiting political dynasties within the definition provided for by the
government, equal access to opportunities for public service is not
guaranteed anymore, effectively making Article II, Section 26 of the
Constitution contradict itself. Equal access to opportunities for public
service has not been defined specifically since this may be also applicable to
people within political dynasties.
Very abled and eligible prospects for public service, no matter how
competent, will be deprived of their right to run for office if they have a
spouse or relative within the second degree of consanguinity or affinity.
