SC orders Congress to enact anti-political dynasty law

The Supreme Court (SC) has directed Congress to enact a law prohibiting political dynasties, citing a 39-year failure to fulfill a constitutional mandate. SC spokesperson, lawyer Camille Ting, stated that the Court found Congress's inaction to be grave abuse of discretion. The High Court ordered Congress to comply with its mandatory constitutional duty to enact an anti-political dynasty law at the earliest opportunity, defining political dynasties and determining the scope of the prohibition. Section 26 of the 1987 Constitution states, "The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law." The SC interpreted the phrase "as may be defined by law" not as giving Congress a choice on whether to prohibit dynasties, but as a mandate to legislate. The Court considered the numerous anti-political dynasty bills filed over the years that remained unacted upon, as well as studies on the prevalence of political dynasties and their relationship with the country's socioeconomic conditions. The SC noted that political dynasties have remained widespread, even extending to the party-list system, and that the lack of comprehensive legislation implies a lack of interest, avoidance for convenience, or service of self-interest. However, the SC ruled that the Commission on Elections (Comelec) cannot be compelled to issue implementing rules to disqualify candidates belonging to political dynasties or cancel their certificates of candidacy, as there is currently no law defining the prohibition. In June, the House of Representatives passed on third and final reading an anti-political dynasty bill that would ban relatives up to the second degree of consanguinity or affinity from running for or occupying a post in the same constituency or jurisdiction. Nevertheless, business and civic groups have called on the Senate to reject the measure and urged President Ferdinand Marcos Jr. to veto it, arguing that it would institutionalize political dynasties rather than dismantle them. The SC trusts that Congress will comply with its directive, though no specific deadline was set. The Court emphasized that the absence of a constitutional deadline does not mean Congress may indefinitely postpone its duty. Political dynasties have long been criticized in the Philippines as a factor contributing to the concentration of power and wealth, and hindering equal access to opportunities. The SC's ruling is seen as a response to the public's long-standing demand for action on this issue. The focus now shifts to how Congress will define and enact an effective law. Source: GMA News Philippines