SC directs Congress to pass anti-dynasty law, cites grave abuse of discretion

Metro Manila, Philippines – The Supreme Court has directed Congress to enact a law prohibiting political dynasties, stating that failure to do so for 39 years since the 1987 Constitution “constitutes grave abuse of discretion.”

“The SC held that this provision is not merely an aspiration but a constitutional command,” it stated in its Wednesday, Sept. 16, press briefer.

The unanimous ruling acted on consolidated cases filed by private persons and civil society groups urging the judiciary to direct Congress to pass a law that will curb the proliferation of families that have long entrenched themselves in power for years, and in some cases, even decades.

“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,” the briefer stated.

The Constitution provides that “the State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.”

The high court said the constitutional framers’ use of the word “shall” makes it apparent that the State has a mandatory duty to guarantee equal access to public service and to prohibit political dynasties.

“Although the Constitution does not set a deadline for Congress to enact the law, the SC held that this does not allow Congress to postpone its constitutional duty indefinitely,” it noted.

It said the prolonged failure of Congress to pass an anti-dynasty measure, in as much as its continued inaction, speaks more of a “continuing violation of its constitutional duty.”

“Congress has discretion over how political dynasties should be defined and prohibited, but not over whether to enact the law,” it added.

The Marcos administration has prioritized the passage of an anti-political dynasty bill.

On June 3, the House of Representatives approved on final reading its version of the bill authored by Speaker Bojie Dy and House Majority Leader Sandro Marcos. It banned relatives from occupying political office at the same time up to the second degree of consanguinity, namely grandparents, grandchildren, siblings, aunts, uncles, nephews, and nieces.

The Senate has yet to pass its own version.