Political Dynasties vs. Political Rights

By Michael Henry Ll. Yusingco, LL.M

Fat political dynasties dominating our politics has all but obliterated meritocracy in governance. And the dire state of affairs (i.e. floods, carmageddon, food insecurity, education crisis, to name a few) fuels the public’s disgust for dynastic politicians. Sadly, this profound anger never has any perceptible impact on election day.

It is worth emphasizing that Article II, Section 26 of the 1987 Constitution primarily protects a political right, specifically─ every Filipino’s right to “equal access to opportunities for public service”. For this reason alone, dynastic domination of politics and governance should be an urgent concern for millions of Filipinos.

Furthermore, equal access is a political right guaranteed by international law, particularly by the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Hence, the morbid obesity of political dynasties in the country must also be seen as an international shame.

Article 21 of the Universal Declaration of Human Rights states:

“(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (2) Everyone has the right of equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”

Article 25 of The International Covenant on Civil and Political Rights states that:

“Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: 1. To take part in the conduct of public affairs, directly or through freely chosen representatives; 2. to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; 3. To have access, on general terms of equality, to public service in his country.”

Ostensibly, the campaign against fat political dynasties is profoundly more than just about targeting a special caste of politicians. Indeed, the primordial motivation behind this advocacy can be understood as preserving and promoting a political right guaranteed in our Constitution and in international law for the vast majority of Filipinos.

Hence, complaints by dynastic politicians that such a campaign infringes their right to run for and be voted to public office seem pathetically self-serving. Specially given that the Supreme Court has already ruled in the case of Quinto vs. COMELEC [G.R. No. 189698, February 22, 2010], that the right to seek public office, “by itself, is not entitled to constitutional protection.”

Theoretically, our lawmakers should be proud to cast a vote for a bill regulating the participation of political dynasties in election contests because to do so is simply about respecting a political right guaranteed by the Constitution and international law. In fact, they can all take the high road by claiming such a move is fundamentally championing real democracy in the Philippines.

The reality of course is the exact opposite. Political clans benefit from the status quo. Their continued domination of our politics and governance has filled up their bank accounts as well. Political dynasties have been insulated from the hard life the rest of the population has been enduring for many years. It is just so unlikely for dynastic lawmakers to kill the goose that lays the golden egg for their clans.

It is a good thing that civil society continues to muster the wherewithal to diminish dynastic domination of our politics and governance. Some groups have been encouraging voters to file disqualification cases against dynastic candidates on basis of the mandatory directive of the constitution to prohibit political dynasties as defined by law.

Note Section 10 of the Sangguniang Kabataan Reform Act of 2015:

“An official of the Sangguniang Kabataan, either elective or appointee,.., must not be related within the second civil degree of consanguinity or affinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal, or barangay official, in the locality where he or she seeks to be elected,…”

Hence, strictly speaking, a legal definition for political dynasties already exists. At the very least, the electorate can now operationalize the constitutional prohibition by not voting candidates who fall within the legal definition. Voters already know who these dynastic politicians are and they can express their disgust by not voting for them in 2025.

For instance, 11 out of the 12 candidates in the administration senatorial slate belong to fat political dynasties. If all of them win, then the Senate will be literally consumed by political clans. Voters should assert their political right to “equal access to opportunities for public service” and reject all 11 dynastic administration senatorial candidates. And vote for non-dynastic senatorial candidates instead.

The 2025 elections could be the one when voters start reclaiming power over politics and governance in the country. If not, then maybe 2028.