PRESIDENT Ferdinand Marcos Jr. has ordered a final review of the proposed anti-dynasty law to make sure it passes without excessive acrimonious debate. The Congress is honeycombed by so many political dynasties, but an unrelenting public lobby has compelled him and the nation’s top dynastic politicians to line up behind the bill in question, setting aside their own political interests, in order to support what they cannot possibly prevent.
The president heads the nation’s first political dynasty from the north. Vice President Sara Duterte, from the south, took over from her father, former president Rodrigo Roa Duterte, after he was arrested by the International Criminal Court at The Hague for alleged crimes against humanity for which he will now be tried. House Speaker Faustino “Bojie” Dy III belongs to an old political family in Isabela province; and eight of the 24 senators belong to four political dynasties in the Senate.
These political dynasties have been mobilized to support the proposed anti-dynasty law. They have all expressed support for the legislation, believing they would be finally complying with a long-ignored constitutional mandate. I refer to Section 26, Article II of the Constitution, which provides: “The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.” For the first time since 1986, when the Constitution was promulgated, our political leaders seem to be reading the full text of this constitutional edict. But as I shall show in this column, they are not reading and appreciating the provision enough.
Marcos, whose popularity is said to be in sharp decline because of flood control corruption issues, has declared open support for the bill, in an obvious effort to arrest his reported popularity decline and survive his obvious leadership crisis. This, despite the bill’s possible crushing effect on his own family members, who could get barred from running for public office should the proposed anti-dynasty law ever get enacted. These include Marcos’ son, Sandro, who is House majority leader; his elder sister Imee, who is a ranking member of the Senate; and other relatives in Congress and in local government. They are all at risk.
Although no one yet knows the exact shape of the proposed law, if all presidential relatives (whether by blood or by affinity) are prohibited from seeking public office, solely because they are presidential relatives, the Constitution and the basic human rights of individuals would be wantonly violated. Every other Filipino who meets the qualifications provided by law to run for public office would enjoy rights denied to these relatives. This would create a group of Filipinos who would have lesser rights than other Filipinos for no other reason than that they are presidential relatives. Far from complying with the mandate of the Constitution, the law would seriously offend the Constitution.
It would violate Section 1 of the Bill of Rights, which provides, “No person shall be deprived of life, liberty, or property without due process, nor shall any person be denied the equal protection of the laws.” Congress would not be complying with the constitutional mandate to legally define a prohibited political dynasty; it would instead be violating the fundamental political and human rights of Filipinos, who would be excluded from public service for no other reason than that they are presidential relatives. There is no law that provides what profession any Filipino citizen may pursue; the anti-dynasty law alone will declare that no relative of an established public official may seek public office. This cannot be right under any system of laws.
I submit that the commissioners of the Constitution erred when they formulated Sec 26, Article II of the Constitution. We have to revisit this provision and correct it. The error is obvious enough. The Constitution seeks to prohibit something it does not define, but rather leaves in the hands of Congress to spell out. This is extremely dangerous. The Constitution can only confer validity or legitimacy upon an enabling law by correctly formulating it; it cannot prohibit a political dynasty it knows nothing about.
Marcos acted in good conscience and in good faith when he signified his support for the proposed anti-dynasty law everyone is trying to push, but he needs to amend his position because he’s making a big constitutional mistake. He has to reread and reread Sec. 26, Article II of the Constitution over and over again until it becomes absolutely clear that the commissioners, for all their good intentions, had mis-formulated the provision, and that there is no way Congress can enact an anti-dynasty law, given the existing premises, that does not offend the Bill of Rights and the fundamental rights of innocent Filipinos.
Corrupt, abusive, incompetent and inefficient political dynasties now cover the Philippine landscape. This remains a core national problem, which the political system must correct. But the solution is clearly not the proposed anti-dynasty law, but a thoroughgoing political, economic, social and moral reform that begins with the entire society looking at itself and what it can do to level every playing field.
fstatad@gmail.com
