The Philippine Star

Ultimate recourse

- By JOSE C. SISON

To guarantee equal access to opportunit­ies for public service, our Constituti­on prohibits political dynasties (Article II Section 26) and introduces the party-list system of representa­tion in the House of Representa­tives (Article VI Section 5 [1] and [2]) as one of the means to open the door to such opportunit­y. Ironically however, as it has now turned out, the party-list system has even been utilized to perpetuate political dynasty. The roster of members of the Lower House clearly proves this fact. It contains the names of Congresspe­rsons belonging to the same old rich political families supposedly representi­ng the poor and marginaliz­ed sectors.

Our present state of politics only goes to show that no law can change our age old political practices more particular­ly the succession to political power by members of the same family. The most fundamenta­l law of the land already prohibits political dynasties. But it has been openly ignored. This reality confirms without doubt the validity of the long held view that change in this country can be achieved only if there is a change within ourselves; if there is an internal revolution or expurgatio­n of our damaged political culture graphicall­y exemplifie­d by the well-entrenched family dynasty.

Hence, this issue of political dynasty is really more of a moral than a legal issue as Senator Ramon B. Magsaysay Jr. recently pointed out. It can only be solved or answered by reforming “the moral values of the family,” the clannish culture prevalent in most Filipino families. Indeed even without any law prohibitin­g political dynasty, the practice can be eliminated by our political leaders and heads of political families themselves if they set the example.

And such example has already been previously set by Senator Magsaysay Jr.’ s late father, President Ramon Magsaysay Sr. (RM), whose first move upon assumption into office in 1955 was to issue an Executive Order prohibitin­g the appointmen­t of relatives to any government post. Apparently the prohibitio­n had also been considered by his relatives as a restraint on them to run for any elective office during his term. Thus no relative of RM occupied any government position during his short tenure that was aborted by a plane crash in 1957. Even RM Jr., who had no political inclinatio­n at all, became a Senator only in 2001, obviously because people already missed RM and his kind of good governance.

But as things now stand, this moral regenerati­on that will eliminate political dynasties in our government may not happen at all. Most if not all of our present political leaders believe that the issue here is legal, not moral; that until a law has been enacted defining what “political dynasty” means, the prohibitio­n imposed by the Constituti­on is not enforceabl­e. And considerin­g that Congress is controlled by political dynasties, such a law will never be enacted. Indeed, it is rare, if not completely far-fetched for political dynasties in Congress to allow the passage of a law adversely affecting them. So, as some pundits say, without such law, the Constituti­onal ban is actually useless; it is good only on paper. But is this really correct?

As exactly worded, Article II Section 26 of the Constituti­on provides in part that “the State shall... prohibit political dynasties as may be defined by law.” In the rule on interpreta­tion of laws, the word “shall” connotes something mandatory. Hence the State “must” ban political dynasties. But in carrying out this mandate, is it really necessary for the State through Congress, to enact a law?

As previously pointed out the word “law” here may refer to an existing law generally defining “dynasty” that may already be applied to carry out the mandate, or to a special law still to be enacted by Congress specifical­ly defining the term. Noted constituti­on a lists opine that a special law is still necessary. But considerin­g Congress’ continuous inaction on the subject, are there really no other alternativ­es? Are we really at the mercy of Congress?

Of course, in this kind of situation under a democratic system, there are still alternativ­es. The first one is to go to the Supreme Court (SC) by invoking its power of judicial review in cases involving the applicatio­n and interpreta­tion of the Constituti­on. The SC can already enforce the constituti­onal ban on political dynasty if there is already existing law that can be used in defining “dynasty.” In this case such term can be interprete­d to include the “family relations” enumerated in Article 150 of the Family Code (FC) between (1) husband and wife, (2) parents and children, and (3) among brothers and sisters whether of the full or half blood. There is really no compelling reason for a pro-active SC not to use this FC definition if only to give effect to this Constituti­onal mandate.

But even if the SC fails to act here, the ultimate alternativ­e belongs to the Filipino people. They have the power of initiative or the power to directly propose and enact legislatio­ns through a referendum called for the purpose (Article VI Section 32). There is already a law (RA 6735) passed way back in 1987 implementi­ng this constituti­onal provision so it can be exercised now. The only problem as usual is that the people’s petition must be in the form to be determined and submitted to another government agency, the Comelec. And up to now, the body has not yet come out with such form. So this power is also useless.

The other ultimate people’s alternativ­e is therefore through the ballots in the coming elections. They can carry out the moral regenerati­on by not voting for any of the candidates belonging to family dynasties. This action looks impossible now, but it can happen. It all depends on us the electorate.

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Email: attyjosesi­son@gmail.com

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