A fake anti-dynasty bill

House Bill 8389 has now cleared Congress and is headed to the Senate. It should have been a milestone towards strengthening our democracy. Instead, it just exposed the insincerity and manipulative nature of congressmen. Disguised as reform, the bill  actually serves as a vehicle to legitimize the very political dynasties it claims to restrain. Authored by House Speaker Bojie Dy and Majority Leader Sandro Marcos, HB 8389 is an insult to every Filipino. It takes the public for fools, easily deceived by legal maneuverings.

Let me be clear. HB 8389 is not a real anti-dynasty law. It gives the appearance of reform while leaving intact the system that allows political dynasties to survive and expand. No wonder it passed Congress with ease. Worse, by defining only limited prohibitions, it legitimizes dynastic arrangements that fall outside these provisions. This bill is deceit, manifested on paper.

Here are the eight defects of HB 8389:

The first defect is its narrow coverage of relatives. HB 8389 applies only to family members within the second degree of consanguinity or affinity – spouses, parents, children and siblings. But we all know that dynasties do not operate only within the  nuclear family. They extend to the clan. So restricting only the closest circle does not break a dynasty – it simply tells them to field other relatives.

Second, the bill prohibits relatives from simultaneously holding or seeking positions within the same jurisdiction. But that is not how dynasties operate. One family member can be mayor, another governor, another congressman, another party-list representative and another senator. All in different jurisdictions – same family, same political machine, same patronage network, same control.

Third, the bill fails to meaningfully prohibit succession, the most common dynastic tactic in Philippine politics. When one official reaches a term limit, a spouse, child or sibling takes over. The office changes hands, but never leaves the family.

Fourth, HB 8389 leaves room for seat-switching and rotation. Families can swap posts among themselves after terms expire. It legalized musical chairs. Seat-switching should be outlawed altogether.

Fifth, the bill still allows a single family to hold offices at different levels of government. A father can serve as governor while a son serves as congressman from the same province. This enables the vertical integration of political power on a local and national level.

Sixth, the bill is self-defeating because it legitimizes what it does not prohibit. By outlawing only certain family arrangements, it implicitly approves the rest. HB 8389, in effect, is not an anti-dynasty law. It provides the path for dynasties to legitimize themselves.

Seventh, the bill fails to close alternative routes to power, including party-list seats and similar back doors. If dynastic families can simply shift from one electoral channel to another, power remains in one family. Genuine reform must target family monopolization, not just one pathway.

Eighth, even its conflict-resolution mechanism is absurd. If two prohibited relatives both win, the reported remedies include withdrawal or even drawing lots. Drawing lots? Public office is not a game show. The sovereign will of the people should not be subordinated to a “spin-a-win” resolution. That provision reveals how unserious this bill is.

To summarize, HB 8389 does not attack the disease. It was clearly written only to appease the people’s clamor for reform.

How does a real anti-dynasty law look like?

The “Dapat Isa Lang” movement  of the People’s Initiative Coalition Against Dynasties provides the answer. The movement was borne out of the realization that dynasties are not accidental coincidences. They are organized systems for monopolizing elected offices, public funds, state protection and electoral advantage.

A genuine anti-dynasty law must be broad enough to matter and clear enough to enforce.

First, it must cover relatives up to the fourth degree of consanguinity or affinity.

Second, it must impose a simple and meaningful rule: only one member of a family may hold one national post or one local post at a time.

Third, a genuine law must prohibit succession. A termed-out official should not be allowed to hand the office like an heirloom to a family member.

Fourth, it must ban seat-switching and rotational arrangements to evade term limits.

Fifth, it must close the back doors. Dynasties should not be able to retreat to party-list seats, district engineering or other positions to preserve family control.

Sixth, it must be drafted for enforcement, not for optics. Strong disclosure rules, real penalties, transparent monitoring and clear disqualification standards are essential.

Reps. Dy and Marcos have proven that  congressmen cannot be counted on to police itself while benefiting from the very system it seeks to change.

This is why the “Dapat Isa Lang” movement  is relevant and must prosper. The aim is to secure seven million signatures to enact a genuine anti-dynasty law. Not a small task,  but dismantling a half-century racket was never going to be easy.

For 50 years, politicians used and abused our laws to breed dynasties, entrench patronage and convert public office into family businesses. They disguised greed in legality, theft in procedure and monopoly as a function of democracy. Look around. The backwardness of our politics, the corruption in our institutions, the decay in governance, the recurring poverty amid immense national potential – these are all results of dynastic rule.

Dynasties are the cancer of the nation. And cancer is not cured by cosmetic surgery. It is cut out and poisoned with chemotherapy.

If Congress will not pass a genuine anti-dynasty law, then the public must stop begging for it and start acting. We must all support the “Dapat Isa Lang” movement. Help gather the seven million signatures to enact the law.

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E-mail: [email protected]. Follow him on Twitter @aj_masigan