The Philippine Star

Feudal state

- * * * Email: attyjosesi­son@gmail.com JOSE C. SISON

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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