Comelec asked to debar six political dynasts
Filipinos often liken politicos to crocodiles. So it must be a portent that Lolong, the world’s biggest crocodile in captivity (in Agusan), died Sunday on the eve of the election campaign.
Timed as well with the campaign kickoff are two movements against political dynasties. The first is legal, directed at the Comelec; the second, a mass action, directed at voters.
In the first, six candidates are petitioned for disqualification: Rodrigo Duterte of Davao City, Dennis Pineda of Pampanga, Sherwin and Rexlon Gatchalian of Valenzuela City, and Luis and Miguel Villafuerte of Camarines Sur.
The case was filed by the Anti-Dynasty Movement (Andaya Mo, a play on the Tagalog for “you cheatâ€; [email protected]). Petitioners: activist lawyer and one-time senatorial candidate Alex Lacson, Dean Edna Co of the UP-National College of Public Administration and Governance, actress-director Mae Paner, Eirene Agila, Enrique Bulan, Antonio Igcalinos, Jose Tabbada, and independent senatorial aspirant Ric Penson.
Penson recently tried in vain to make the Supreme Court compel Congress to pass a law defining political dynasties. The Constitution so requires. Political families find the absence of such law for 26 years now as excuse to rule at will.
With no enabling law, Andaya Mo reverts to two “clear and obvious†types of political dynasty. One, the candidate seeks to replace in office the incumbent spouse, parent, child, or sibling. Two, the spouses, parent and child, or siblings run in tandem for mayor and vice mayor, or governor and vice governor.
The six questioned candidates fall into the two types. Duterte is seeking to replace his daughter as mayor. Pineda is running as vice governor of his reelectionist governor-mom. The Gatchalians, a mayor and a congressman, are seeking to replace each other. The Villafuertes are grandfather and grandson, contending to replace the son-father.
Andaya Mo cites “discoverable legal standards,†set by the SC to interpret constitutional bans, in the absence of legislation. Like:
• The Constitution itself, in plain language in Article II, Section 26, “prohibit(s) political dynasties.†The qualifier, “as may be defined by law,†is there to set the limit of the meaning, not the commencement date of enforcement.
• Dictionary, both layman and legal, definitions. Black’s Law Dictionary states: “dynasty — a succession of rulers from the same line or family.†Merriam-Webster (2012): “A power group or family that maintains its position for a considerable period of time.â€
• The outline by SC Justice Antonio Carpio, in a dissent that nonetheless forms part of the main ruling in Navarro v Ermita, so part of the law of the land. That is, a “phenomenon that concentrates political power and public resources within the control of a few families whose members alternately hold elective positions, deftly skirting term limits.â€
• Transcripts of the 1986 Constitutional Commission, in which the provision’s author Jose Nolledo lamented the malady of public office “inherited or passed on to spouses, children, or siblings†when the incumbents could no longer run for reelection.
• The Civil Code, defines Family and Succession, including degrees of relation. That is, spouses are zero degree, considered as one entity; parents and children are first degree; siblings are second degree of consanguinity. Constitutional provisions forbid appointments of kin up to the fourth degree of consanguinity or affinity.
• Again the Constitution, in Article X, Section 8, limits local officials to three consecutive three-year terms, to prevent political monopoly. But political dynasts mock the intent.
The first question Andaya Mo asked is why only the six candidates are petitioned for debarring. “Practicality,†Lacson replies. They can’t take on too many foes at a time. But if they’re able to get Comelec action, other “clear and obvious†dynasts should beware.
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The mass movement against dynasts comes by way of unattributed circulation in the Internet:
Dear special Filipino friends,
Let us do our part and make this a reality.
Please share with 20 other thinking Filipinos for the sake of coming generations. In three days, many people in the Philippines will have received this message. This is one idea that really should be passed around.
• Congressional Reform Act of 2013
1. No pork barrel.
2. Serving in Congress is an honor, not a career. Legislators should serve their term(s), then go home and back to their original work/profession.
3. Term limit of six years, just like the President — with NO reelection.
4. NO Dynasty. All: wife, children, brothers/sisters, and family members cannot hold public office, especially in mayoral and barangay levels. Allow one term (six years) before any relative can join office.
This is how to fix the Philippines. Don’t you think it’s time?
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That quip above about Lolong the croc came from reader Ben Zara. Another reader, requesting anonymity, indecorously compares the longest croc to the oldest senator.
At any rate, it was wrong to encage Lolong in the first place. He belonged in the wild. Tourism earnings for Bunawan townsfolk notwithstanding, no one properly could have tended to Lolong. He was estimated to be more than 50 years old. But he died only five months since ensnared in the Agusan Marsh. Cause: stomach illness from swallowing a nylon cord, perhaps carelessly left tied to the legs of the last live animal fed to him by the careless “caretaker.†Environment officers should not let this recur.
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E-mail: [email protected]
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