The Supreme Court (SC) has directed Congress to enact a law prohibiting political dynasties, noting that the legislature’s failure to do so for 39 years constitutes grave abuse of discretion and a continuing violation of its constitutional duty.
During a press briefing on Wednesday, the High Tribunal’s spokesperson, lawyer Camille Ting, announced that Article II, Section 26 of the 1987 Constitution requires Congress to enact a law prohibiting political dynasties.
“The Court directed Congress to comply with its mandatory constitutional duty to enact an anti-political dynasty law at the earliest opportunity, define political dynasties, and determine the scope of the prohibition,” she said.
Article II, Section 26 of the Constitution states: “The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.”
Ting said the use of the word “shall” makes clear that the State has a mandatory duty to guarantee equal access to public service and prohibit political dynasties.
The Court also ruled that the phrase “as may be defined by law” does not give Congress the option of deciding whether to prohibit political dynasties.
Instead, it gives Congress the authority to define what constitutes a political dynasty and determine the scope of the prohibition.
The SC noted that political dynasties have remained widespread and have extended even into the party-list system.
“Despite changes in the composition of Congress over the years, no comprehensive anti-political dynasty law has been enacted,” Ting said, adding that the Court viewed the continued absence of such a law as potentially reflecting “a lack of interest, avoidance for convenience, or service of self-interest.”
The Court said that while the Constitution does not provide a specific deadline for Congress to enact the law, this does not allow the legislature to indefinitely postpone its constitutional duty.
The Supreme Court found that 39 years was beyond a reasonable period to comply with the constitutional mandate.
“Congress’ continued inaction therefore constitutes a continuing violation of its constitutional duty,” Ting said.
The Court consequently held that Congress’ prolonged failure to enact a comprehensive anti-political dynasty law amounted to grave abuse of discretion.
The ruling comes nearly four decades after the 1987 Constitution took effect. Despite the filing of various anti-political dynasty measures in Congress over the years, no comprehensive law has been enacted.
The case stemmed from consolidated petitions filed by the 1Sambayan Coalition, led by retired Supreme Court Associate Justice Antonio Carpio, retired Ombudsman Conchita Carpio Morales, and other groups.
