OPINION: The Anti-Political Dynasty Bill and The Divine Right to Democracy

"Blood, as all men know, than water's thicker / But water's wider, thank the Lord, than blood." -Aldous Huxley

They say that “blood is thicker than water”; but does blood yield to the cries of the innocent, the tears and sweat from a laborer’s face after toiling from the midday sun. The query on who must lead a nation, a state, a province, a city or a municipality that must be answered by water not by blood. Democracy gave us such an option, although not many would exercise it for their long-term benefit. For centuries, the world was ruled by blood, east or west; the terms are just different, whether it was called the Divine Right of Kings or Mandate of Heaven. The same thing occurs; the same names appear but predictability is hardly a consistent characteristic in political rule. Great leaders are often a scarce commodity at this day and age; especially in this country.

An iteration of that divine right to rule nations manifested itself in a farce we called democracy, A dynasty is defined mainly as “a succession of rulers of the same line of descent” or “a powerful group or family that maintains its position for a considerable time”. The proliferation of these political families, in a general sense, does not automatically work to the detriment of their constituents they govern. But a well-entrenched reminder of how Filipinos vote, by personality and familiarity; not by policy or track record. Detractors of this bill may argue its effect on the overall stability of their governed territories and long-established power structures. But what good is stability, if it oppresses and used to subjugate its own people.

Conversely, the newly introduced bill is tasked for the abolition of this widespread practice, for decades these families passed on to their descendants the governance of these territories; thereby benefiting from the track record and name recognition of their predecessors.

Under the most recent version of the Anti-Political Dynasty bill in the senate, Political Dynasties are defined as:

Political Dynasty refers to the concentration, consolidation, or perpetuation of public office and political power by spouses or relatives among national or local elective offices and party-list representatives, as well as other elective offices that may be created by law from time to time.

The new bill further bolsters by specifying what are deemed Political Dynasties:

SECTION 4. Prohibition of Political Dynasty Relationships. – Political dynasty relationships are hereby absolutely prohibited. A political dynasty relationship shall be deemed to exist when:

a) Spouses, or two or more relatives hold simultaneous or overlapping terms in national elective offices;

b) Spouses, or two or more relatives hold simultaneous terms in local elective offices within the same legislative district, province, city, or municipality; Provided, that it shall include a situation where spouses or two or more relatives occupy local elective offices in separate municipalities, highly urbanized cities, or component cities within the same province, or legislative districts within the same local government unit;

c) Spouses or two or more relatives hold simultaneous terms within and across party-lists;

d) Spouses or two or more relatives hold simultaneous or overlapping terms under the party-list system, and any national or local elective office;

e) A spouse or relative of an incumbent elective official immediately succeeds the latter’s office.

Succession or appointment to an elective office in any manner provided by law, whether in a temporary or permanent capacity, shall be deemed as holding an elective office.

Two terms come into mind upon reading: simultaneous, and overlapping. This version, if it were to pass through congress would undoubtedly create a dent in the current power structure of the Philippine Politics. Where name recognition and personality overcome accomplishments. By all accounts the prohibitions stated are highly restrictive and categorical in its language; frankly speaking, it is a shocking development that a country with 71 of 82 provinces runs with the authority of Political Dynasties can even think to enact such a comprehensive prohibition. That is, if it will be enacted.

The Mechanism Against the Machine

In furtherance of abolishing the conduct of Political Dynasties the bill introduces a robust mechanism to detect and snuff out any violators upon its effectivity.

Newly introduced Requirements:

To enforce these prohibitions, the bill introduces strict filing requirements for all individuals seeking office:

• Sworn Certification - Candidates for any elective office or party-list nominees must include a certification under oath in their Certificate of Candidacy (CoC) stating that they have no spouse or relative holding an office or running in the same election that would result in a prohibited dynasty relationship.

• Mandatory Documentation - Candidates must submit authenticated Certificates of Live Birth and Certificates of Marriage (or No Marriage) from the Philippine Statistics Authority (PSA) as attachments to their CoC.

• Reporting Obligations - If a candidate gains knowledge of a filing that creates a potential dynasty relationship, they are required to report it to the Commission on Elections (COMELEC) within five days

Remedies:

If multiple relatives file for office in a way that would violate the Act, the following remedies are applied:

• Voluntary or Ipso Facto Withdrawal - Affected persons have 72 hours from notice to decide among themselves who will proceed with the candidacy. If they reach an agreement, the others must withdraw.

• Drawing of Lots - If no agreement is reached, the COMELEC will conduct a drawing of lots to determine which singular candidate may proceed; all other certificates of candidacy for the relatives will be deemed withdrawn or cancelled.

• Petition for Cancellation - Any registered voter, or the COMELEC motu proprio, may file a petition to deny due course to or cancel a CoC if it violates the anti-dynasty provisions. These are decided through summary proceedings within thirty (30) days of filing.

• Quo Warranto Proceedings: If an ineligible candidate is proclaimed or assumes office, their election can be contested through a quo warranto proceeding, which must be decided within six (6) months

Punishable Acts and Penalties

Violations of the Act are treated as Election Offenses under the Omnibus Election Code. Specific punishable acts include:

• Willful concealment or falsehoods in the sworn statements required for candidacy.

• Submitting or aiding in the production of forged or spurious documents.

• Filing malicious or frivolous petitions to trigger the anti-dynasty prohibitions against others.

• Using force, violence, or coercion to compel someone to file or not file a CoC.

• Resigning from an office specifically to allow a spouse or relative to succeed to that position

In conclusion, the possible enactment of this bill is a definitely a positive development for the Philippine political landscape, long may we endure the plight and turmoil of incompetent leadership by name but not on competency. There is a long road ahead for progress, and in doubt the people should decide where they want to go.