SC asked anew: Compel Congress to pass law vs dynasties

MANILA, Philippines — A coalition of civic organizations, led by 1Sambayan, yesterday petitioned the Supreme Court (SC) to mandate Congress to enact the long-overdue Anti-Political Dynasty Law, citing a constitutional obligation that has remained unfulfilled for nearly four decades.

In a 48-page petition for certiorari and mandamus filed on Monday, petitioners urged the SC to hold Congress accountable for its failure to implement Article II, Section 26 of the 1987 Constitution.

This provision mandates the state to ensure equal opportunities for public service and to prohibit political dynasties – an obligation that Congress has consistently failed to fulfill.

The petitioners argue that the SC should require Congress to pass a law defining and prohibiting political dynasties within one year of the Court’s decision and hold it in contempt if it fails to comply.

The respondents in the petition include Senate President Francis Escudero, representing the Senate, and Speaker Ferdinand Martin Romualdez, representing the House of Representatives.

While the 1987 Constitution has been in existence for the last 38 years, Article II, Section 26 has not been properly implemented.

The petition claims that the phrase “as may be defined by law” does not weaken the provision but rather underscores Congress’ obligation to legislate a framework for prohibiting political dynasties.

“The Congress has not only violated the clear terms of the Constitution, but worse, it has effectively repealed and killed a constitutional provision merely through its inaction,” the petition states.

Over 30 bills seeking to regulate political dynasties have been filed in Congress, yet none has become law. The petitioners assert that this persistent failure perpetuates social and economic inequalities.

The petition is anchored on three primary arguments. First, political dynasties pose a significant threat to democracy and should be prohibited as mandated by the Constitution.

Second, Congress has unlawfully undermined the Constitution by failing to define and prohibit political dynasties.

Third, the SC must reconsider its previous rulings on political dynasties in light of evolving democratic challenges and nearly four decades of legislative inaction.

Citing the Tulfo family as a prominent example of political dynasties in action, the petitioners stressed that Congress has a ministerial duty to ensure equal opportunities in public service, “meaning that enacting such a law is not discretionary but an express constitutional obligation.”

Currently, Raffy Tulfo serves as a senator; his brother Erwin is an ACT-CIS Party-list representative; another brother, Ben, is running for senator and Raffy’s son, Ralph Wendel, is a congressman for Quezon City’s second district.

While Congress retains discretion in defining the parameters of a political dynasty, the petitioners maintain that legislating its prohibition is not optional but a constitutional mandate.

“The only discretion granted to Congress is to define the scope of what constitutes a political dynasty. However, this flexibility in defining what a political dynasty is does not absolve Congress of its mandatory duty to legislate its prohibition,” the petition states.

Echoing the petitioners, former Commission on Elections (Comelec) chairman and 1987 Constitution framer Christian Monsod has urged the SC to take decisive action in ending political dynasties in the Philippines.

Speaking with “Storycon” on One News, Monsod emphasized the need for judicial intervention, as legislative inaction has perpetuated the problem for decades.

Monsod and his group recently filed their third petition for certiorari with mandamus, requesting the high tribunal to compel Congress to fulfill its constitutional duty of enacting an anti-political dynasty law.

“Our petition for certiorari with mandamus is exactly almost the same as the first two that were filed. We trust that the Supreme Court will do its duty for the sake of the country,” Monsod said.

Acknowledging the separation of powers among the executive, legislative and judicial branches, Monsod argued that intervention is necessary due to worsening political entrenchment.

“This is going to be precedent, whether the SC has the power. We are the third to file the petition. They say that Congress is the purse, the executive is the sword and the Supreme Court is the conscience,” Monsod said.

“It is time for the SC to do something about it because nobody else, we cannot go to anybody else, but the Supreme Court,” he added.

Citing studies, Monsod said that 80 percent of Congress members belong to political dynasties.

“We have to stop this. (They) do not even fulfill their promises to the poor for social change. To some of them, elections are just for the theater to get money so that their families can eat a decent meal,” Monsod said. — Jose Rodel Clapano