PINOY POLITICS 101: Fifth of Five Modular Lessons
Social Criticisms on the Issue of the Practice of Political Dynasties
John Andrew S. Bautista, OP
The existence and practice of Political
Dynasties in the Philippines remain a very hot and debated social and political
issue of today. It is and will remain, a subject of conflict and controversy
that has engulfed not only Philippine politics but the entire Filipino nation
as well. In every election period, the case of the practice of Political
Dynasties would always be put into discussion and ultimately be at the center
of attention - we hear reactions, comments and criticisms left and right,
denouncing its existence and thus calling for a move to eventually prohibit
them.
Having been told of the numerous negative
effects and disadvantages of tolerating the practice of Political Dynasties in
the country, how does the society in general react with the proliferation and
prevalence of Political Dynasties in the society? Is there an accepted stance,
move or aren’t there any law to practically control the growing number of
dynastic politicians serving the government?
On the first narrative, the researcher
shall present a Philippine constitutional provision which prohibits the
existence of political dynasties. On this note, we shall look and examine this
provision to determine how the framers of the constitution of our state view
the issue and practice of Political Dynasties that go end-to-end from the
spirit and ideals of our democracy. On the other hand, in the second narrative,
the researcher shall also look at the stance of the Catholic Bishops’
Conference of the Philippines, the local assembly of the Catholic Church
Hierarchy in the country, considered as widely influential when it comes to
making a moral stance, judgments and viewpoints concerning the relevant social
issues that are happening in the Philippine society.
The 1987 Constitutional Provision Prohibiting the Existence of Political
Dynasties
As mentioned earlier, before the Marcos
dictatorship, in what has been described as an era of elite democracy,
political control was dominated by a relatively small class of political
families like the Ortegas in La Union, the Abads in Batanes, the Albanos in
Isabela, the Cojuangcos in Tarlac, the Laurels in Batangas, the Fuentebellas in
Camarines Sur, the Aquinos in Sorsogon, and the Cuencos and the Osmeñas in
Cebu, to name some.
Under the authoritarian regime of Marcos,
some survived and thrived like the Ablans in Ilocos Norte, the Asistios in
Caloocan, the Dys in Isabela, the Escuderos of Sorsogon, the Josons in Nueva
Ecija, and the Romualdezes in Leyte.[1]
Full with idealism after the end of Marcos
era and dictatorship, the framers of the 1987 Constitution, painfully aware of
the potential abuse and excess of allowing select families to have political
control, introduced Article II, Section 26, which states that: “The State shall guarantee equal access to
opportunities for public service andprohibit political dynasties as may be
defined by law.”[2]
With regards to this
provision in our constitution, the intention here is to prohibit political
dynasties in the society so as to guarantee its citizens, regardless whether
you are an elite or not, to equal opportunities for public service and it is
the duty of our law-making bodies (the Congress) to define the same.[3] The Congress is given the
discretion in defining political dynasty, which is to identify and clarify what
comprises a political dynasty, to what extent in terms of the degree of consanguinity
a dynastic politician should be prohibited from running into office and among
other technicalities.
Throughout the years,
there have been various attempts to pass an enabling law to implement Article
II, Section XXVI of the 1987 constitution. In 2004, then Senator Alfredo Lim
filed Senate bill 1317, an anti-dynasty bill, followed by Senator Panfilo
Lacson in 2007, and Senator Miriam Santiago in 2011. The latest and the most
recent move that many touted as “a promising step” towards passing an Anti-Dynasty
law, is House Bill 3587 or the Act
Prohibiting the Establishment of Political Dynasties that prohibits
relatives up to the second degree of consanguinity to hold or run for both
national and local office in “successive, simultaneous, or overlapping terms.”[4] It was also specified in
this bill that elective posts would not be passed on to a member of the same
family. It states that no person within the prohibited civil degree of
relationship to the incumbent will be allowed to immediately succeed to the
position of the latter.
In addition, Capiz
Representative Fredenil Castro, stated and described this bill as “a proposed anti-political dynasty law to
provide equal access of opportunities for public service for everybody,
regardless of status in life, to have equal access to opportunity for public
service.”[5]
As of the moment, the said proposed bill is still in the House plenary, it
still awaits the legislators in the congress to open this bill for debates and
amendments subject for discussion.
Still, almost 27 years
after the ratification of the 1987 constitution, the reality is that an
anti-dynasty bill has yet to be passed. In a congress populated by politicians
who come from political families, numerous scholars and analysts believe that
passing an anti-dynasty bill is next to impossible given the current political
arena we have in the country.
[1] Julio C. Teehankee, Emerging Dynasties in the Post-Marcos House
of Representatives, Philippine Political Science Journal, Vol. 22 No.45
(2012)
[2] The 1987 Constitution of the Republic of the Philippines Article II: Section XXVI, 3.
[2] The 1987 Constitution of the Republic of the Philippines Article II: Section XXVI, 3.
[3] Constitutional
Construction implies that the above quoted section is by its terms not self-
executing or self-implementing as most constitutional provision are or should
be immediately effective without a need for statutory implementation. Section
26 is the opposite and will remain toothless unless this provision is activated
by the Congress. Cf. Hector de Leon, Textbook
on the Philippine Constitution, (Rex Publishing, 1994), 79.
[4] Miguel S. Fernandez
III, “Anti-Political Dynasty Bill reaches
house plenary”, Philippine Daily Inquirer, May 6, 2014, http://newsinfo.inquirer.net/600110/anti-political-dynasty-bill-reaches-plenary
/.html (accessed November 9, 2014).
[6] A
Pastoral Statement of the CBCP on certain issues of today: On Political
Dynasties,
January 28, 2013, http://cbcponline.net/v2/?p=9492 /.html (accessed November 9,
2014).
[7]
A Pastoral Statement of the Catholic Bishops’ Conference of the Philippines
(CBCP) on certain issues of today: On Political Dynasties, (January 2013).
[8] CBCP’s attack vs political
dynasties not the first time, CBCP News Online, January 30, 2013. http://www.cbcpnews.com/cbcpnews/?p=12531/.html
(accessed November 9, 2014).
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