Lawyers file petition pushing Congress to enact law vs political dynasties

MANILA, Philippines — A group of lawyers on Tuesday filed a petition asking the Supreme Court to compel Congress to enact a law prohibiting political dynasties in the country.

In a 46-page petition for mandamus filed by the lawyers before the SC, the group said that the 1987 Constitution has a prohibition against political dynasties which should be mandatory and that the Congress of the Philippines should have a law for it to be effective. 

“Petitioners submit that the duty is ministerial, it is mandatory for Congress to pass a law defining and prohibiting political dynasties,” the plea read.

“As such, Petitioners take the stand that the Honorable Supreme Court, pursuant to the powers vested in it by law, can and should issue a Writ of Mandamus to compel Congress to perform that duty,” it added.

The petition is led by Philippine Bar Association president Rico Domingo, who is one of the lawyers of Rep. France Castro (ACT-Teachers) in the grave threat case against former President Rodrigo Duterte.

The group also includes lawyers Wilfredo Trinidad, Jorge Cabildo and Ceasar Oracion.

Article 2 Section 26 of the 1987 Constitution is a provision which prohibits political dynasties. However, it should be noted that not all provisions in the Constitution are self-executing and thus need a law from Congress before they become “effective.”

The lawyers also pointed out that despite some lawmakers introducing bills on the prohibition of political dynasties, many are “lukewarm” about it as they benefit from it.

“While there had been well-meaning efforts by some conscientious legislators, members of the Senate and the House then and now, to introduce appropriate bills on the subject, lukewarm interest if not open aversion by many in both legislative chambers had foiled and frustrated the efforts. It is probably because a good number of them enjoy the benefits of the absence of that law,” the petition read.

Despite the constitutional prohibition, political dynasties are still prevalent in the country, which Congress should have acted upon for the past 37 years, according to the lawyers. 

“Thirty-seven (37) years of inaction, by any measure, is a very long time. It is evident from the provision of the Constitution that there is an urgency in implementing the policy against political dynasties,” the plea read.

“To uphold the supremacy of the Constitution, the Honorable Supreme Court in the exercise of its judicial power should, through a Writ of Mandamus, order and direct Congress to perform its duty, to enact forthwith a law defining political dynasties, and thereby operationalize and enforce the state policy prohibiting the same,” it added.