Comelec: Poll laws need to be amended to implement political dynasty ban

The Commission on Elections (Comelec) on Wednesday called for the amendment of some election laws in order to properly implement the anti-dynasty bill once it is passed into law.

Comelec chair George Erwin Garcia made the remarks as the Senate Committee on Electoral Reforms continued its legislative inquiry on the proposed measures banning political dynasties.

“The anti-political dynasty law cannot be a standalone law,” Garcia told the Senate panel.

“There should be other laws that we should touch, amend, correct so that the proposed law will be effective once implemented,” he added.

The poll body also reiterated its support for the passage of the proposed anti-dynasty bill. 

However, Garcia said the Comelec would defer to Congress to decide on essential provisions such as the level of consanguinity and affinity to be covered by the political dynasty ban, and if successive or simultaneous elections of kin will be prohibited.

He also expressed concern over some discrepancies in the implementation of the proposed legislation, including whether or not the candidacy of erring bets should be cancelled or disqualified.

“There is a difference when you use cancellation and disqualification and that should be incorporated in the definition of terminologies or the definition of anti-political dynasties,” Garcia said.

The Comelec chair said the two terms have different treatments, with disqualification allowing the substitution of candidates bearing the same surnames.

On the other hand, cancellation means the candidates committed material representation on their certificates of candidacy (COC) and cannot be substituted.

“Kapag tiningnan natin ang Section 74 ng Omnibus Election Code wala naman nakalagay dun na ‘I declare to the entire world na I am a member of a dynasty.’ So ito ba ay ipapasok natin as one of the requirements or magkakaroon ng separate law and therefore, automatically amended ‘yung Section 74,” Garcia said.

(If we look at Section 74 of the OEC it does not include an oath certifying a bet is not part of a political dynasty. So are we going to include this as one of the requirements under the COC or are we going to have a separate law automatically amending the section?)

He also called for a penal clause that would consider violating the anti-political dynasty measure as an election offense.

“It is not enough that we are to pass an anti-political dynasty law. May mga babaguhin simply because the present legal regime and structure will run contrary to an anti-political dynasty regime,” Garcia added.

(It is not enough that we are to pass an anti-political dynasty law. We are pushing for the amendment of some election laws simply because the present legal regime and structure will run contrary to an anti-political dynasty regime.)

Senate panel opens hearing

Six proposed anti-dynasty bills are pending before the Senate electoral reforms committee.

In her opening speech, Senator Risa Hontiveros, chairperson of the Senate panel, said it is high time that the anti-dynasty bill was passed.

Hontiveros pointed out that political dynasties weakened checks and balances, as well as accountability especially in the management of public funds; worsened poverty conditions; and are strongly correlated to political violence as well as the flood control controversy.

She said lawmakers would resolve four issues during the hearings such as degree, scope, timing and the manner of enforcement of the prohibitions on the proposed legislation.

“Our urgent collective duty is to breed life already into this long dormant constitutional mechanism for equal access to public service,” she added.

Last week, the House of Representatives began its hearings on its version of the anti-dynasty measures.

It may be recalled that President Ferdinand Marcos Jr. urged Congress to prioritize the passage of the Anti-Dynasty Bill.

Several measures have been filed in both the House of Representatives and the Senate seeking to implement the 1987 Constitution’s provision mandating the prohibition of political dynasties.

Some lawmakers urged Marcos to certify the measure as urgent legislation as soon as possible.

Malacañang said the political landscape in the country has changed, prompting the President to support the proposed anti-dynasty measure. — JMA, GMA Integrated News