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Opinion

Term limits and dynasties

A LAW EACH DAY (KEEPS TROUBLE AWAY) - Jose C. Sison -

Families really won big in the last elections. New political dynasties have been established in several towns and provinces including some Metro Manila cities. On a national scale, this will be the first time when the Senate will have brother and sister, father and son as Senators. Last election’s results also reveal that a wife and husband and a father and son will be occupying seats in the lower and upper house of Congress respectively, while the Malacanang occupant will have two sons and a brother-in-law in the House of Representatives. The setup is replicated on a larger scale in many local government units all over the country where members of the same family occupy positions of Governors, Mayors, Vice Governors, Vice Mayors, Board Members, Councilors and District Congressmen.

Starting July 1, 2007 therefore, when these elected family members assume office, matters of public interest will be discussed and may be decided in the bedrooms of couples or around the dining table of the family home with the principle of checks and balances as well as transparency in governance thrown out of the window.

It is definitely quite farfetched to expect or imagine that members of the same family will wash their dirty linen or fight each other in public on vital issues of public interest, or expose the mistakes and anomalies committed by each of them. As a rule, family members holding public office will help each other in covering up shenanigans and close ranks in order to protect their family and solidify their control of political power. The biggest casualty here is public service. Aside from lack of transparency and effective means to check their actions, others who are more qualified, competent, dedicated and sincere are deprived of equal opportunities to get elected and render public service.

Perhaps in some instances a few up and coming and competent newcomers may be able to snap this dynastic hold on public offices by one family. It may happen for example when family members themselves start quarreling over a public office as if it is some sort of a family heirloom like heirs fighting over the inheritance from their parents or ascendants. This kind of family feud may level the playing field to give other more competent candidates equal opportunity to enter public service. But they are rare.

On the balance therefore, political dynasties are more inimical to the workings of a real democracy. With political dynasties in control of the government, sovereignty resides in the ruling families not in the people. Even if certain family members may really have superior qualifications over the rest of their constituencies, the practice of members of the same family succeeding each other to the same public office or holding public offices in the same or in different government departments at the same time is more detrimental to good governance. It must be stopped.

Dismantling political dynasties at this stage is admittedly as difficult, if not more, as untying the Gordian knot. While our charter prohibits political dynasties as a matter of State policy (Section 26 Article II), such prohibition requires an enabling law before it can be carried out. Our Constitution has been passed twenty years ago but up to now, no such enabling law has been enacted to give effect and meaning to such a policy. This is understandable. The very legislative body tasked with coming up with said law is the main breeding place and foremost habitat of family dynasties. Expecting Congress to enact an Anti-Dynasty law is like throwing a snow ball in hell. Short of a miracle, no such law would be passed. With more reason in the incoming Congress where a bigger number of wives, fathers, sons or brothers will take over from the incumbents who cannot run again because of term limits.

The imposition of term limits has indeed been the main cause of the expansion of political dynasties. It is only when the 1987 Constitution limited the terms of office of Senators to six years with one re-election (Section 4, Article VI) and the Congressmen and local government officials to three consecutive terms of three years each (Section 7, Article VI and Section 8, Article X), that more members of the same family have entered politics to succeed each other or to run for the same or for another public office at the same time. Under the 1935 Constitution where only the President and Vice President’s terms are limited, family dynasties in politics were not as extensive.

If an Anti-Political Dynasty Law can not be immediately enacted we can therefore at least try lifting the term limits on public offices. The absence of term limits may result in decrease of political dynasties and bring us back to the political situation similar to the era under the 1935 Constitution. It may also be more conducive to the promotion good governance. Lifting the terms of office of officials who are doing great and performing so well in office will foster the continuity of excellent public service and a good program of government. People should not be deprived of choosing such officials by limiting their terms of office. Because of term limits people of Quezon City for example cannot enjoy anymore the excellent service of Sonny Belmonte as Mayor after 2010.

Term limits indeed usually implies instability as government policies and programs change with every change in administration due to the expiration of the allowable term of office of the incumbent. The truth is some incumbents are only forced to field members of their own family or relatives so that they can continue the programs they have started but unable to finish during their allowable period of service. If there is no limit in their term of office, officials may not even require members of their family to succeed them. So the establishment of political dynasty is averted. On the other hand, the length of their reign will depend on the quality of their performance and the state of their physical and mental health or upon the voters themselves who may opt for somebody else.

By lifting the term limits of Senators, Congressmen and local officials imposed by the charter, chances are Congress may even finally enact an Anti-Political Dynasty bill.

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ANTI-POLITICAL DYNASTY

ANTI-POLITICAL DYNASTY LAW

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