Friday, June 29, 2012

Reason and Concern

Ronquillo C. Tolentino

Notes On Political Dynasty

No legislation or enabling act against political dynasties had been passed by Congress of the Philippines notwithstanding the 1987 Philippine Constitution provision against political dynasties.

Sec. 26, Article II (State Policies) of the 1987 Philippine Constitution provides, thus :  ”The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law”.

Congressional records reveal that the recent bill against political dynasties titled “An Act to Prohibit the Establishment of Political Dynasties” was introduced and authored by Sen. Miriam Defensor-Santiagao as Senate Bill 2049 in January 2011.  There were previous bills on anti-political dynasties. House Bill 3413 was filed in the House of Representative by Rep. Teodoro  CasiƱo. Similar  bills were filed during the 13th and 14th Congresses.  These are of former senator and Manila Mayor Alfredo Lim’s Senate Bill 1317.  Senator Miriam Santiago’s Senate Bill 1964 (2005) and Senator Panfilo Lacson’s Senate Bill 1460.

Jose N. Nolledo in his 1987 first edition book  ”The Constitution of the Republic of the Philippines Explained”, made this commentary, thus : “While in Section 26, it is stated that there must be equal access to  opportunities for  public service,  in an election,  we do not only guarantee such equal opportunity to enter the political race but there must be more or less equal conditions under which candidates run for public office and thus, the State shall also prohibit political dynasties as may be defined by law.  

As explained in the plenary session of the 1986 Constitutional Commission by Jose N. Nolledo, political dynasties in the Philippines constituted social maladies that have limited if not obstructed the opportunities of young, talented but poor candidates to climb the  political ladder. Political dynasties, he said, have made political positions the object of family, inheritance (an aristocracy), have spawned graft and corruption as well as formation of private armies, and have resulted in the proliferation of little monarchies in various parts of our country.  Be it noted that the rule of equal opportunities for public service can well cover appointments to public offices.  In such a case, such appointments should be based on merits rather than on pure patronage or nepotism”. /MP

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