Asserting the Constitution: Will the SC push Congress to pass a law against political dynasties?

TRAILING the murkiness of the political propaganda launched by dynastic politicians and candidates, I am delighted to read the news article, “Petition asks Supreme Court to push Congress to pass anti-dynasty bill,” written by Dwight de Leon and published on April 1, 2025, which highlights the need to address political dynasties. There is hope indeed. I must thank my fellow Filipinos for pushing the advocacy.

Who are the petitioners?

The petitioners are former magistrates, a framer of the Philippine Constitution, retired generals and officers, legal luminaries, clergymen, former public servants, and a constitutional law professor. The list is formidable, and I am pleased that they are making a stand.

It seems to me that a moral breakdown is occurring in this country due to our legislators’ inaction in passing the necessary law that would fulfill a provision of the 1987 Philippine Constitution. The Filipino people have been betrayed and fooled by these supposed leaders’ utter disrespect of the Constitution, and the flagrant violation of their sworn oath of office.

Culled from the same story, on March 31, 2025, a petition was filed firmly stating, “Congress is violating the Constitution, which explicitly says, ‘The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.’” Former Supreme Court (SC) senior associate justice Antonio Carpio, former SC associate justice Conchita Carpio-Morales, and Christian Monsod, one of the framers of the 1987 Constitution, figured prominently in this renewed effort when they asked the SC to compel Congress to pass a measure prohibiting political dynasties. Well done! We will see how the SC responds to this petition.

The Rappler article and my column story [www.panaynews.net/as-a-community-are-the-boholanos-embracing-political-dynasties/] shared the argument that nearly four decades following the charter’s ratification, Congress has never approved a bill defining dynasties because “it would be against most lawmakers’ self-interests.” That is as clear as daylight.

The article further stated that political clans have dominated the legislative branch, with eight out of every ten district seats in the House belonging to dynasties. Wow! And my dear Bohol hosts its own sets of political dynasties.

The petition read, “Congress has not only violated the clear terms of the Constitution but worse, it has effectively repealed and killed a constitutional provision merely through its inaction.”

Filipino legislators have not acted on the provision of the law, prompting Filipino patriots, advocates of good governance and reforms, and constitutionalists to turn to the Supreme Court, their last bastion of hope, to make it happen. It is not only ironic but a grave insult to Congress as an institution. It’s a stark reminder that they are sitting on their arse!

“In a desperate attempt to give life to the 1987 Constitution and to find relief from the chokehold political dynasties have placed on this nation, the petitioners seek the aid of the last bastion of democracy, this Honorable Court, to direct Congress to enact soonest an anti-dynasty law as commanded by Article II, Section 26 of the Constitution,” the document read.

“The 1987 Constitution commands Congress to enact a law prohibiting political dynasties. This is a ministerial and mandatory duty. The phrase ‘as may be defined by law’ does not give Congress the discretion to refuse to comply with this constitutional command. It merely gives Congress the discretion to define what constitutes a political dynasty,” it added.

Moreover, the petitioners said political dynasties have tilted the system against qualified individuals who want to seek public office, undermining democratic processes as a result. They also argued that dynasties have led to economic stagnation and corruption in areas they dominate.

“These families who held political powers, as shown by their prior track record, almost always, prioritize policies that benefit their own interests, potentially neglecting broader community development, perpetuating economic inequality, and maintaining voters’ dependency on them,” the petition read. “This has led to a cycle where poverty has become more deeply entrenched.”

In hindsight, in 2012, former Vice President Teofisto Guingona led a group of petitioners who pressed the Supreme Court to address the same issue, followed by businessperson Ricardo Penson in 2013. However, the SC dismissed their petition, citing separation of powers and the doctrine of political question.

The petitioners argued, “In compelling Congress to comply with its mandatory duty under Article II, Section 26 of the Constitution to enact a law prohibiting political dynasties, the Honorable Court would not be engaging in a gross usurpation of Congress’ powers. Instead, the Honorable Court would be performing its duty to assert the supremacy of the Constitution. The Constitution allows nothing more but requires nothing less.”

The article cited, “Carpio’s group also insisted that whether lawmakers should pass an anti-dynasty law ‘is not a political question solely left to the wisdom and whims of Congress.’” They argued that the legal question, referring to the 2013 SC decision, “has been definitively settled when the Filipino people ratified Article II, Section 26 of the Constitution. Hence, Congress’ compliance to the will of the people and of the Constitution should not be deemed an optional matter which it can defeat by inaction.”

Once again, the country is at a crossroads. The call of the times is for the highest court of the land, the Supreme Court of the Philippines, to respond, to decide, and to assert the supremacy of the Constitution.

***

The writer hosts Woman Talk with Belinda Sales every Saturday, 10 a.m. at 91.1 Balita FM Tagbilaran City. Email at belindabelsales@gmail.com. X @ShilohRuthie./PN

LEAVE A REPLY

Please enter your comment!
Please enter your name here