Draft federal charter proposes ‘self-executory’ provision to prevent political dynasties

One of the highlights of a proposal for a federal Constitution drafted by a committee created by President Rodrigo Duterte is a regulated ban on political dynasties, a longstanding trademark of Philippine politics.

Under Section 8, Article V on Suffrage and Political Rights of the Consultative Committee's (Con-com) proposal, submitted to Duterte on Monday, is what the panel spokesperson calls a "self-executory" provision aimed at averting the concentration of political power to related persons.

"The Federal Republic shall guarantee equal access to opportunities for public service and prohibit political dynasties to prevent the concentration, consolidation, or perpetuation of political power in persons related to one another," the provision states.

It elaborates further that a political dynasty exists when a family whose members are related up to the second degree of consanguinity or affinity, "whether such relations are legitimate, illegitimate, half, or full blood, maintains or is capable of maintaining political control by succession or by simultaneously running for or holding elective positions."

The proposed provision explicitly prohibits a person related to an incumbent elective official within the second civil degree of consanguinity, as described, from seeking the same position in the immediately following election.

"Persons related within the second civil degree of consanguinity or affinity, as described above, are prohibited from running simultaneously for more than one national and one regional or local position," the proposed provision states.

"However, in the event that two or more members of the same family are running, the member who shall be allowed to be a candidate shall be determined by the drawing of lots."

The proposed section allows Congress to legislate "additional prohibitions."

It remains to be seen how this proposal would fare in Congress, some members of which on Monday dropped an anti-dynasty provision in the proposed Bangsamoro Basic Law.

The 1987 Constitution, on the other hand, requires a law to ban political dynasties to begin with. It says: "The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law." — BM, GMA News