Anti-dynasty law in PH may cover relatives up to 4th degree — Supreme Court

The Supreme Court has suggested that Congress consider extending a future ban on political dynasties to cover relatives up to the fourth civil degree, pointing to existing constitutional and statutory restrictions on familial ties in government.

The High Court made the observation in its unanimous decision ordering Congress to enact an anti-political dynasty law at the earliest opportunity, finding that lawmakers committed grave abuse of discretion by failing to implement the constitutional mandate for 39 years.

While stressing that it would not dictate the substance of the legislation, the Supreme Court highlighted key considerations for congressional deliberation.

“The following discussion does not in any way impose upon Congress the substance on what to legislate but merely highlights key aspects for Congress's deliberation,” the decision read.

In explaining why the fourth civil degree could serve as a model, the court noted that existing laws already recognize the reach of family influence in government. It specifically cited Article VII, Section 13(2) of the 1987 Constitution, which bars the President's spouse and relatives within the fourth civil degree of consanguinity or affinity from being appointed to key government posts.

“Significantly, Article VII, Section 13(2) of the Constitution prohibits the president's spouse and relatives by consanguinity or affinity within the fourth civil degree to be appointed as members of the Constitutional Commissions, the Office of the Ombudsman, or as secretaries, undersecretaries, chairpersons or heads of bureaus or offices, including government-owned or controlled corporations,” the court noted.

The tribunal warned that decades of inaction on Article II, Section 26 of the Constitution have severely harmed the country's governance.

“The concentration of political power within a narrow few has distorted democracy, weakened accountability, and fostered conditions conducive to corruption and political patronage,” the decision stated. “When a clear constitutional mandate is left unimplemented for generations, the resulting harm begins to reflect in diminished public trust and stagnant governance.”

Despite the Court's guidance, the exact definition and scope of the prohibition remain strictly within the legislature’s discretion.

Meanwhile, the House of Representatives has already approved on third reading a measure with a narrower scope. House Bill 8389, passed in June by a vote of 267-20-7, prohibits relatives only up to the second degree of consanguinity or affinity from holding or seeking office within the same constituency.

The bill has drawn criticism for its limited coverage, with critics warning it would leave many established political dynasties intact. House Deputy Speaker Ferdinand Hernandez of South Cotabato’s 2nd District defended the measure, acknowledging the pushback while arguing that passing incremental reform is a step forward. Paraluman News