PH Congress mandated by Constitution to pass anti-political dynasty law — Supreme Court

MANILA – The Supreme Court (SC) has directed Congress to comply with its mandatory constitutional duty to enact a law prohibiting political dynasties “at the earliest opportunity.”

The high tribunal issued the directive after, during its session last Aug. 26, it unanimously declared that Article II, Section 26 of the Constitution requires Congress to pass the anti-political dynasty law, and that failure to do so for 39 years constitutes grave abuse of discretion.

In a statement on Wednesday, the SC said its en banc granted the consolidated petitions for certiorari and mandamus as the petitioners challenged Congress’ prolonged failure to pass a law defining and prohibiting political dynasties.

Despite being a co-equal branch of government, the Court said Congress' failure to pass the law is a highly exceptional case that warrants a mandamus order to comply with the Constitution.

"The Congress of the Philippines must henceforth and with utmost urgency enact the appropriate anti-political dynasty law at the earliest opportunity," the tribunal said.

The SC said Section 26, which provides that “the State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law,” is not merely an aspiration but a constitutional command.

"The use of the word ‘shall’ makes clear that the State has a mandatory duty both to guarantee equal access to public service and to prohibit political dynasties,” the court said.

“The phrase ‘as may be defined by law’ does not give Congress the choice whether to prohibit political dynasties. Rather, it gives Congress the authority to define what constitutes a political dynasty and determine the scope of the prohibition,” it added.

The SC took judicial notice of the numerous anti-political dynasty bills filed but left unacted upon since the ratification of the 1987 Constitution.

It also considered studies on the prevalence of political dynasties and their relationship with socioeconomic conditions in the country.

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, Congress has not enacted a comprehensive anti-political dynasty law, suggesting either a lack of interest, avoidance for convenience, or service of self-interest.

Although the Constitution does not set a deadline for Congress to enact the law, the SC held that this does not allow the country’s lawmaking body, composed of the Senate and the House of Representatives, to postpone its constitutional duty indefinitely. (PNA)