Jurisdiction, dynasties and the politics of the possible

PoliticsOpinion
12 Mar 2026 • 12:20 AM MYT
The Manila Times
The Manila Times

One of the longest-running English broadsheets in the Philippines

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THE compromise anti-dynasty bill now being discussed in Congress has drawn predictable criticism. Reform advocates say it is too weak. It does not dismantle political families. It does not prohibit relatives from occupying offices across different jurisdictions. To many, it appears to be a diluted version of what the Constitution intended.

But before dismissing the bill outright, it is worth revisiting two fundamental realities: what the Constitution actually says and how political authority is structured in the Philippine political system.

The 1987 Constitution does not automatically ban political dynasties. Article II, Section 26 provides that “the State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.” The crucial phrase is “as may be defined by law.” The Constitution itself does not define what constitutes a political dynasty. It leaves that task to Congress.

For nearly four decades, Congress has failed to act. Numerous proposals have been considered, filed, debated and eventually shelved. The constitutional prohibition has remained largely symbolic, a declaration without an implementing framework.

Seen from this perspective, the compromise bill should not be dismissed as capitulation. It represents the first serious attempt to operationalize a constitutional directive that has remained dormant since 1987.

What makes the bill particularly interesting is its reliance on jurisdiction as the organizing principle for regulating dynastic power. Critics treat this as a loophole. In fact, it reflects how political authority is structured in Philippine governance.

Under the Local Government Code of 1991, provinces, cities, municipalities and congressional districts are designed as distinct jurisdictions with their own mandates and electoral constituencies. They are not arranged in a strict hierarchy of control. The governing principle is supervision, not control. This distinction is often misunderstood.

While municipalities are geographically located within provinces, a governor does not control a mayor. The province exercises general supervision to ensure that laws are followed, but it cannot substitute its judgment for that of the municipal government. A mayor governs the municipality. A governor governs the province. A representative legislates at the national level for a congressional district. These offices operate within overlapping territories but represent separate domains of political authority.

This institutional architecture explains the logic behind the jurisdiction-based approach of the compromise bill. Instead of attempting the politically and constitutionally difficult task of banning families from politics altogether, the bill focuses on preventing the most dangerous configuration of dynastic power seen in the monopolization of a single jurisdiction by one family.

Consider what happens when relatives simultaneously occupy multiple positions within the same city or municipality. Imagine a mayor, a vice mayor and several councilors all belonging to the same clan. In such a scenario, the executive and legislative branches of the local government effectively fall under one familial network.

The consequences are predictable. Legislative oversight weakens. Budgetary decisions face little scrutiny. Patronage networks become entrenched. Political competition is discouraged.

The compromise bill directly targets this form of institutional capture. By prohibiting close relatives from simultaneously holding elective positions within the same jurisdiction, it seeks to ensure that no single family can dominate the internal governance of a local government unit.

Critics respond that dynasties can still flourish across different jurisdictions. A father could be governor, a son mayor of a municipality within the province and a daughter the congressional representative of the district.

This is true. But it also reflects the reality that these offices belong to distinct jurisdictions with separate mandates and constituencies. A mayor cannot command a governor. A governor cannot direct a congressman. Each office derives authority from a different electoral base.

To prohibit relatives from holding positions across these jurisdictions would raise serious constitutional concerns. The Constitution guarantees equal access to public service, and voters retain the right to choose their leaders. A sweeping prohibition based purely on family relationships could collide with these democratic principles.

The jurisdiction-based approach therefore represents a more defensible regulatory strategy. It does not attempt to eliminate political families from politics. Instead, it limits their ability to monopolize the governing structure of a specific political unit.

Equally important is the question of political feasibility. Since the ratification of the Constitution in 1987, no anti-dynasty law has ever passed Congress. Many proposals were stronger in principle, but none survived the legislative process. Public policy does not advance through perfect proposals that remain permanently aspirational. It advances through reforms that can actually be enacted and implemented.

The compromise bill may therefore represent something historically significant: the first realistic pathway toward giving life to Article II, Section 26.

If enacted, it would reshape political dynamics in many local governments where single clans currently occupy multiple posts simultaneously. Political families would be forced to compete rather than consolidate power within the same jurisdiction.

But passing the bill should not mark the end of reform efforts. It should shift the national conversation toward broader political reforms that address the deeper structural roots of dynastic dominance. Political dynasties persist not only because of family networks but also because of weak institutions. Elections remain expensive. Political parties are fragile. Patronage politics continues to shape local governance.

Meaningful reform must therefore go beyond regulating family relationships. Strengthening political parties, enforcing stricter campaign finance rules, improving transparency in public procurement and professionalizing local bureaucracies would help weaken the patronage systems that sustain dynasties.

Citizen participation is equally important. When voters monitor public spending, engage in local governance and demand accountability, dynastic control becomes harder to sustain.

The compromise anti-dynasty bill will not eliminate dynasties overnight. But it could finally activate a constitutional mandate that has remained unfulfilled for nearly forty years. And that alone already represents meaningful progress. Once that principle becomes law, stronger reforms can follow. Institutional reform rarely arrives in one sweeping moment.

Incremental institutional change may not satisfy those who demand sweeping transformation. But in politics, lasting reform often begins with the first step that is actually possible.

Antonio P. Contreras is a professor at the University of the Philippines Los Baños and vice chairman of the board of the state-run PTV Network Inc. The views expressed here are his own and do not necessarily reflect those of the institutions he serves.

But before dismissing the bill outright, it is worth revisiting two fundamental realities: what the Constitution actually says and how political authority is structured in the Philippine political system.

The 1987 Constitution does not automatically ban political dynasties. Article II, Section 26 provides that “the State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.” The crucial phrase is “as may be defined by law.” The Constitution itself does not define what constitutes a political dynasty. It leaves that task to Congress.

For nearly four decades, Congress has failed to act. Numerous proposals have been considered, filed, debated and eventually shelved. The constitutional prohibition has remained largely symbolic, a declaration without an implementing framework.

Seen from this perspective, the compromise bill should not be dismissed as capitulation. It represents the first serious attempt to operationalize a constitutional directive that has remained dormant since 1987.

What makes the bill particularly interesting is its reliance on jurisdiction as the organizing principle for regulating dynastic power. Critics treat this as a loophole. In fact, it reflects how political authority is structured in Philippine governance.

Under the Local Government Code of 1991, provinces, cities, municipalities and congressional districts are designed as distinct jurisdictions with their own mandates and electoral constituencies. They are not arranged in a strict hierarchy of control. The governing principle is supervision, not control. This distinction is often misunderstood.

While municipalities are geographically located within provinces, a governor does not control a mayor. The province exercises general supervision to ensure that laws are followed, but it cannot substitute its judgment for that of the municipal government. A mayor governs the municipality. A governor governs the province. A representative legislates at the national level for a congressional district. These offices operate within overlapping territories but represent separate domains of political authority.

This institutional architecture explains the logic behind the jurisdiction-based approach of the compromise bill. Instead of attempting the politically and constitutionally difficult task of banning families from politics altogether, the bill focuses on preventing the most dangerous configuration of dynastic power seen in the monopolization of a single jurisdiction by one family.

Consider what happens when relatives simultaneously occupy multiple positions within the same city or municipality. Imagine a mayor, a vice mayor and several councilors all belonging to the same clan. In such a scenario, the executive and legislative branches of the local government effectively fall under one familial network.

The consequences are predictable. Legislative oversight weakens. Budgetary decisions face little scrutiny. Patronage networks become entrenched. Political competition is discouraged.

The compromise bill directly targets this form of institutional capture. By prohibiting close relatives from simultaneously holding elective positions within the same jurisdiction, it seeks to ensure that no single family can dominate the internal governance of a local government unit.

Critics respond that dynasties can still flourish across different jurisdictions. A father could be governor, a son mayor of a municipality within the province and a daughter the congressional representative of the district.

This is true. But it also reflects the reality that these offices belong to distinct jurisdictions with separate mandates and constituencies. A mayor cannot command a governor. A governor cannot direct a congressman. Each office derives authority from a different electoral base.

To prohibit relatives from holding positions across these jurisdictions would raise serious constitutional concerns. The Constitution guarantees equal access to public service, and voters retain the right to choose their leaders. A sweeping prohibition based purely on family relationships could collide with these democratic principles.

The jurisdiction-based approach therefore represents a more defensible regulatory strategy. It does not attempt to eliminate political families from politics. Instead, it limits their ability to monopolize the governing structure of a specific political unit.

Equally important is the question of political feasibility. Since the ratification of the Constitution in 1987, no anti-dynasty law has ever passed Congress. Many proposals were stronger in principle, but none survived the legislative process. Public policy does not advance through perfect proposals that remain permanently aspirational. It advances through reforms that can actually be enacted and implemented.

The compromise bill may therefore represent something historically significant: the first realistic pathway toward giving life to Article II, Section 26.

If enacted, it would reshape political dynamics in many local governments where single clans currently occupy multiple posts simultaneously. Political families would be forced to compete rather than consolidate power within the same jurisdiction.

But passing the bill should not mark the end of reform efforts. It should shift the national conversation toward broader political reforms that address the deeper structural roots of dynastic dominance. Political dynasties persist not only because of family networks but also because of weak institutions. Elections remain expensive. Political parties are fragile. Patronage politics continues to shape local governance.

Meaningful reform must therefore go beyond regulating family relationships. Strengthening political parties, enforcing stricter campaign finance rules, improving transparency in public procurement and professionalizing local bureaucracies would help weaken the patronage systems that sustain dynasties.

Citizen participation is equally important. When voters monitor public spending, engage in local governance and demand accountability, dynastic control becomes harder to sustain.

The compromise anti-dynasty bill will not eliminate dynasties overnight. But it could finally activate a constitutional mandate that has remained unfulfilled for nearly forty years. And that alone already represents meaningful progress. Once that principle becomes law, stronger reforms can follow. Institutional reform rarely arrives in one sweeping moment.

Incremental institutional change may not satisfy those who demand sweeping transformation. But in politics, lasting reform often begins with the first step that is actually possible.

 

Antonio P. Contreras is a professor at the University of the Philippines Los Baños and vice chairman of the board of the state-run PTV Network Inc. The views expressed here are his own and do not necessarily reflect those of the institutions he serves.