People’s initiative pushes one-seat-per-family rule vs. dynasties

ILOILO CITY — An anti-political dynasty coalition is set to launch a people’s initiative for a law that would limit each political family to one seat at the national level and one at the local level, countering the anti-dynasty bills now pending in Congress.

According to its website, Dapat 1sa Lang is a coalition of organizations and volunteers who are “tired of the corruption and poverty” caused by the dominance of political dynasties in government.

The coalition intends to use the people’s initiative provision under Section 32, Article VI of the 1987 Constitution.

Under the provision, the people may directly propose and enact laws after the registration of a petition signed by at least 10% of all registered voters, with every legislative district represented by at least 3% of its registered voters.

Congress laid down the process for exercising this power through Republic Act No. 6735, or the Initiative and Referendum Act, in 1989.

The coalition also runs a separate website that serves as a digital co-petition platform, where registered Filipino voters can read a copy of the petition and add their e-signatures in support.

The coalition’s board of directors is headed by retired Supreme Court Senior Associate Justice Antonio Carpio, and its members include the Management Association of the Philippines and the Parish Pastoral Council for Responsible Voting, among others.

Lawyer Alex Lacson, founder of Kontra Dinastiya, one of the coalition’s member groups, said the proposal seeks to ensure that each political family holds only one national position and one local position.

The proposed ban would extend to relatives up to the fourth civil degree, or first cousins, barring them from running in the same election or from succeeding one another in subsequent elections.

“What we want is just one in a national position, and only one in a local position, per political family. […] This means that [the] president, vice president, senators, and members of the House [of Representatives], and in the local [level], governor, down the line, including barangay officials,” Lacson told Bombo Radyo Iloilo on Monday, Sept. 28.

“What is prohibited [in our proposal] is up to the fourth degree of a relationship, [including] the spouse, the children, the parents, the siblings, the third-degree relatives like nephews and nieces and aunts and uncles, and the fourth-degree relatives like first cousins. They cannot succeed [a relative in a position], and they cannot run together. They are prohibited from running at the same time in the national and local [levels],” he added.

Section 26, Article II of the Constitution requires the State to prohibit political dynasties “as may be defined by law,” leaving the definition to Congress.

Multiple bills seeking to define and ban political dynasties have been filed in Congress since the Constitution took effect in 1987, but none cleared the House of Representatives until the current 20th Congress.

The House approved House Bill No. 8389, or the proposed Anti-Political Dynasty Act, on third and final reading on June 3 by a vote of 267-20, with seven abstentions.

The measure, principally authored by House Speaker Faustino Dy III and Majority Leader Sandro Marcos, limits the definition of a political dynasty relationship to the second civil degree.

The bill was transmitted to the Senate on June 8 and referred on June 17 to the Committee on Electoral Reforms and People’s Participation and the Committee on Constitutional Amendments and Revision of Codes, where it remains pending.

The Senate has its own version, Senate Bill No. 1901, authored by Sen. Robin Padilla, which has cleared the committee level.

Committee Report No. 33, which consolidated several senators’ bills into the current version, was issued on Feb. 24 and has been pending second reading since.

The Senate version carries a broader prohibition, barring spouses and relatives within the second civil degree of consanguinity or affinity from simultaneously or successively holding certain elective posts.

It also covers cases where a spouse or relative succeeds an incumbent and where family members simultaneously hold party-list and elective positions.

Lacson said the House bill does not prohibit political dynasties but instead circumvents the constitutional provision, while the Senate version is much closer to the coalition’s initiative but falls short because it stops at the second degree.

“[House Bill No. 8389] isn’t actually an anti-[political] dynasty law, but pro-dynasty. […] One family in a province can have one governor, five [representatives], and up to 10 mayors, because [the House bill limits] it to just one per province, per municipality, and per district, […] It will legitimize and entrench [political] dynasties,” he said.

“The Senate version is much closer to our version, because they only allow two [family members], one in the national [and] in the local, like ours, but only up to the second degree. […] This means that […] in the Senate version, one can run for governor and their vice-governor can be their nephew or niece, or aunt or uncle, or cousin,” he added.

Lacson said the Supreme Court’s decision in Kapatiran Party et al. v. Congress of the Philippines supports the coalition’s push.

In the unanimous en banc ruling dated Aug. 26 and made public on Sept. 16, the court declared that Congress’ 39-year failure to pass an anti-political dynasty law constitutes grave abuse of discretion and directed it to enact one “at the earliest opportunity.”

The court also held that existing restrictions, including those under the Sangguniang Kabataan Reform Act and the Bangsamoro electoral and local governance codes, do not satisfy the constitutional mandate.

Among the considerations the court listed on page 77 of the decision was that there is basis to extend the prohibition to the fourth civil degree.

Lacson also cited paragraph 2, Section 13, Article VII of the Constitution, which bars the president’s spouse and relatives within the fourth civil degree from being appointed to key posts, such as department secretary or head of a government-owned corporation, during the president’s tenure.

“Our laws against nepotistic appointment is up to the fourth degree. Even barangay chairpersons are also prohibited to appoint officers up to the fourth degree,” Lacson said.

The digital platform, although already online, will be formally launched on Wednesday, Sept. 30, in Cubao, Quezon City.

In Iloilo, the Jaro Archdiocesan Social Action Center is also scheduled to hold a press conference on the people’s initiative campaign on Wednesday, Sept. 30.