‘START SMALL’: Comelec recommends second-degree limit for anti-political dynasty law

By Rjay Zuriaga Castor

The Commission on Elections (Comelec) said Congress should consider a second-degree relative limit when passing an anti-political dynasty law, as it would be easier and more straightforward for the poll body to implement.

Comelec Chairman George Erwin Garcia suggested that lawmakers could look to the provisions of Republic Act No. 10742, or the Sangguniang Kabataan (SK) Reform Act, when reviewing and finalizing the proposed anti-dynasty legislation.

Section 10 of the SK Reform Act prohibits SK officials from being related within the second civil degree of consanguinity — such as parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces and nephews — or affinity, including spouses, to any incumbent elected national, regional, provincial, city, municipal or barangay official in the locality.

“Our SK Reform Act was very easy to implement in 2023 because the law clearly states who is disqualified,” Garcia said in an interview on Feb. 20.

“If the prohibition is up to the second degree, it would be easy for us to identify and enforce. It is very clear who is disqualified and who is not,” he added.

Under the law, Comelec requires SK candidates to declare under oath in their certificates of candidacy that they are not related within the second civil degree of consanguinity to any incumbent elected official.

Misrepresentation in this declaration constitutes a ground for disqualification, according to the law.

Garcia argued that expanding the coverage to the third or fourth civil degree could complicate enforcement, as it would require more extensive evidence to establish familial ties.

“If the scope becomes broader, there will be a greater need for presentation of evidence. There may be cases where a candidate has a sibling in another area and is unaware that the sibling also filed a candidacy. Who will be held liable? Who is lying? What if they did not even know they were related? That would require a presentation of evidence,” he stressed.

He said starting with narrower coverage would allow both authorities and the public to adjust.

“In our view, it is better to begin with a smaller scope. The law can be amended later. We need some form of pilot testing so the public can adjust,” Garcia said, stressing that while an anti-political dynasty law is necessary, it should not create confusion in the electoral process.

“An anti-political dynasty law is really needed, but we do not need something that will make our elections chaotic. People must be focused on who to elect, on who to choose. We vouch for the second degree,” he emphasized.

Garcia noted that passing the law is only the first step, and its proper implementation rests on Comelec, which will bear the responsibility and challenges.

Citing the Supreme Court ruling in Penera v. Commission on Elections, which interpreted Section 14 of Republic Act No. 9369, Comelec noted that a person who files a certificate of candidacy is considered a candidate only at the start of the campaign period.

A dynasty member who files early may argue that they cannot be disqualified because they are not yet a candidate under existing law. Garcia said the dynasty law should clarify that filing automatically makes one a candidate, making all election laws applicable.

He added that the law should also specify whether a dynasty violation should lead to cancellation of candidacy or disqualification, and whether this applies before or after the election.

Garcia also stressed that the implications are complex, especially in simultaneous or continuous elections, and particularly if a candidate was unaware that a relative had also filed.

He also pointed to possible conflicts with the principle of equal opportunity for public service, particularly if incumbents are given preference in resolving dynasty-related disputes.

He noted potential complications in cases involving siblings, including whether the first to file a candidacy would be favored.

Garcia also warned that vague provisions could encourage the rise of nuisance candidates who may file solely to trigger disqualification or cancellation cases against relatives.

“We hope to be given clear guidance because if the question of how we are going to implement it remains unanswered, the public might think it is easy to cancel candidacies,” he said.

President Ferdinand Marcos Jr.’s administration has prioritized the Anti-Political Dynasty Bill via the Legislative-Executive Development Advisory Council, pushing for its swift passage alongside other reforms.

Public consultations continue in Congress, with at least 24 bills filed in the House of Representatives and seven in the Senate.

Garcia said that with less than two years before the next national elections, Congress, before passing a dynasty law, should consider whether there is sufficient time for voter education to ensure the public understands the prohibition and can make informed choices at the polls.