enactment of anti-political dynasty law
TRANSCRIPT
ENACTMENT OF AN ANTI-POLITICAL DYNASTYLAW THROUGH PEOPLE’S INIATIVE: A PROPOSAL
A Mini-Thesis Presented toAtty. Eisma Osorio
University of Cebu- College of LawCebu City
In Partial Fulfilment Of the Requirements of the SubjectLegal Research and Thesis Writing
Submitted byLucio C. Avergonzado
I. Introduction
One of the noblest state policies that our Constitution so
declares is its express prohibition against political dynasties.This
is intended to give substance to the desire for the equalization of
political opportunities.1 It is a sad reality though that after
almost three decades since the so-called EDSA Constitution was framed
prohibiting political dynasties , the dynasty-controlled congress has
failed to pass an enabling law defining political dynasty, making
this constitutional ban an empty rhetoric, lofty in its wordings yet
lacking in substance.
Attempts to give tooth to this constitutional mandate had
been conscientiously made, but all failed. In 1987, Senator Teofisto
Guingona, Jr. filed an anti- political dynasty law which was passed in
the senate but was killed in the lower house by inaction.2 Today,
there are two anti-political dynasty bills pending in Congress
1 Art .2, Sec. 26, Constitution2 GMA News Online, Mark Meruenas, http://www.gmanetwork.com/news/story/297800/news/nation/it-s-final-sc-won-t-compel-congress-to-enact-anti-political-dynasty-law, March 5, 2013 6:40pm
authored by Senator Miriam Defensor Santiago3 and its counterpart in
the lower house co-authored by former Rep. Satur Ocampo and Rep.
Teddy Boy Casino.4
Upon the other hand, on March of this year, the Supreme Court
has ruled with finality against compelling Congress to pass a law that
would have set in motion a Constitutional provision banning political
dynasties.5 The highest court in denying the petition for mandamus of
Senator Guingona declared that to compel Congress to enact anti-
political dynasty law would breach the principle of separation of
powers of the co-equal branches of the government. This is a sad
declaration coming from a body that prided itself to be the guardian
of the Constitution. 6
Without having enough support from colleagues of each dynastic
houses, and embolden by the declaration of the Supreme Court, the
introduction of these bills has thus become illusory and merely
3 SenateBill No. 2649- An Act To Prohibit the Establishment of Political Dynasty
4 House Bill No. 2493-An Act Prohibiting the Establishment of PoliticalDynasty
5 GMA News Online, Mark Meruenas, http://www.gmanetwork.com/news/story/297800/news/nation/it-s-final-sc-won-t-compel-congress-to-enact-anti-political-dynasty-law, March 5, 2013 6:40pm
6 Henry Duenas, Jr. vs.HRET and Angelito Reyes, G.R. No. 185401,July 21, 2009
promotive of false hopes, left into oblivion, hence, in light of the
current political set-up where majority of the elected officials in
Congress belong to established political clans, the enactment of an
anti-political law by its own efforts is but a clear impossibility.
Thus, the only remaining hope for its enactment lies through the
sovereign Filipino people themselves, in the exercise of their power
to directly propose, enact or approve national legislation thru the
concept of initiative and referendum.
II. Background of the Study
A. The 1986 Constitutional Commission debate on Political Dynasty
The political dynasty provision was authored by Commissioner Jose N.
Nolledo. A similar provision had already been rejected under the
article on local government, but Nolledo entertained the hope that the
Constitutional Commission might still approve one because, as he said,
“It seems to me that the resolution asking for a provision in the
Constitution is very popular outside but does not seem to enjoy the
same popularity inside the Constitutional Commission.”7 He was also
7 Bernas, Joaquin, “Political Dynasties”, Philippine Daily Inquirer, http://opinion.inquirer.net/39638/political-dynasties, October 29, 2012
faintly hoping that Congress would do what the commission would not
do. Hence his impassioned plea: “And so I plead with the members of
the Commission to please approve this provision. . . [W]e leave it
to Congress to determine the circumstances under which political
dynasty is prohibited. The commission will not determine hard and fast
rules by which political dynasty may be condemned. But I think this is
a very progressive provision and, in consulting the people, the people
will like this provision. I hope the commission will hear the plea of
the people.8
Commissioner Sarmiento supported the proposal. He contended that by
including this provision, “we widen the opportunities of competent,
young, and promising poor candidates to occupy important positions in
the government. While it is true we have government officials who have
ascended to power despite accident of birth, they are exceptions to
the rule. The economic standing of these officials would show that
they come from powerful clans with vast economic fortunes.”9
It was very clear that the provision against political dynasty was
met with no ordinary opposition during the 1986 deliberations on the
framing of the 1987 Philippine Constitution. In fact, it was
8 Ibid9 Bernas, Joaquin,The 1987 Constitution of the Philippines: A Commentary, 2009, p.98
intentionally put in Article 2 together with its provisions that are
not self-executing instead of including it in the provisions on local
government.
Recently, the Supreme Court, thru Justice Carpio defined political
dynasty as a “phenomenon that concentrates political power and public
resources within the control of a few families whose members
alternately hold elective offices, deftly skirting term limits”10
B. Review of Related Literature
This section presents a review of books and scholarly researches
associated with political dynasties in the Philippines.
In his book entitled “An Anarchy of Families: State and Family
in the Philippines”, McCoy explores the pervasive influence of the
modern dynasties that have led the Philippines during the past
century. From the Osmeñas to the Lopezes and Pardo de Taveras, elite
Filipino families have acted as formidable coalitions —controlling
capital, dominating national politics, and deploying paramilitary
force. Beyond Manila, strong men such as Ramon Durano, Ali Dimaporo,
10 Navarro vs. Ermita, G.R No. 180050, April 12, 2012
and Justiniano Montano have used “guns, goons, and gold” to accumulate
wealth and power in far-flung islands and provinces.” 11
These dynastic families and other political clans have thrived
for decades with unbroken political chains and have clung into power
without any serious opposition during the elections. Once a term limit
of an incumbent ends, the wife, their children, or in case of default,
their relatives would automatically be the next candidate.
Interestingly, there is an evidence of a causal effect of entering
politics on the probability of having relatives in office in the
future. Using a regression discontinuity design based on close
elections, Querubin found out that individuals who win their first
race by a small margin and have access to office have four times more
likely to have a relative in office in the future than individuals who
run but lose by a narrow margin and never serve. This suggests that
(access to) the political system is an important source of dynastic
persistence and concentrates disproportionate political power in a few
families.12
The term limit of elected offices as set forth in the
Constitution and Local Government Code was hoped to curb the
11 McCoy, “ An Anarchy of Families: State and Family in the Philippines”12 Querubin, Pablo “ Political Reforms and Elite Persistence: Term Limits and Political Dynasties of the Philippines, 1st Edition,2011, p.2
prevalence of political dynasties. A study conducted by Dewan and
Myatt (2010) discussed the effect of time horizons on the
performance of government officials within a theoretical framework.
They suggested that the performance of a government official is a
function of the security and longevity of the tenure in office.
They argued that government officials with long and secure terms
perform well because of the high imputed value of the longevity of
their political status. The expected cost of losing the post due to
underperformance, therefore, is high given that the term length is
long. Alternatively, the cost of eviction from office is low if the
term length is short. Accordingly, the performance of politicians
with short terms is expected to be worse than officials with longer
terms.13 It is clear then that holding power in long terms augments
political capital that is transmitted from one generation of a
dynastic clan to another, thus creating an advantage which would
benefit to those members of the clan who are not actually an
efficient, capable, and effective public administrators. This in
effect, contributed to the already disadvantage position of a non-
dynastic amateur politician to challenge the already established13 Dewan, T. and D.Myatt. 2010. Dynamic government performance: Honeymoons and crises of confidence. Economics Series Working Papers 500, University of Oxford, Department of Economics. http://ideas.repec.org/p/oxf/wpaper/500.html.
and incumbent one in office. So the electorate, instead of
considering the plans and visions of these non-dynastic amateur
politicians that would bring about changes in the problematic
status quo, they may just stay in their comfort zones by refusing
to adapt the necessary changes needed to really achieve the
economic and political potential of a certain locality.
This finding is consistent with the outcome of the study
conducted by Asako et.at (2010) in which they developed a
theoretical model of the behavior of dynastic politicians with
inherited political advantages. Their model predicted that dynastic
candidates possess an electoral advantage over non-dynastic
candidates.14
In summary, the related literatures cited above imply that an
established political dynasties, under the present political system
have all the strategic advantages in such a way that holding up
with their political bases is a fact already accepted by the
people. It thus becomes normal scenario to the electorate, a
political phenomenon they have already accepted as fact.
14 Asako Matsubayashi and M.Ueda. 2010. Dynastic legislators: Theory and evidence from Japan. Mimeo. http://www.psci.unt.edu/~tmatsubayashi/research/seshu.pdf.
C. Movement Against Political Dynasties Invoking People’s
Initiative
This section examines the status quo of the people’s movement
against political dynasties as an alternative to pass a national
legislation. In this connection, the legal basis as well as opinions
of legal scholars as regards people’s initiative is considered.
Father Joaquin Bernas has conceded that the realization of the
dream that the provision on political dynasties would widen access to
political opportunities will very probably be exhaustingly long in
coming.15This may be true if we rely on the effort of the Congress
alone. However, as the ultimate legal sovereign, the Constitution has
reserved to us a provision that would empower us to directly pass,
alter, or repel laws inasmuch as it follows the constitutional
requirements.16
The Initiative and Referendum Act provides that any duly
accredited people's organization, as defined by law, may file a
petition for indirect initiative with the House of Representatives,
and other legislative bodies. The petition shall contain a summary of
the chief purposes and contents of the bill that the organization15 Bernas, Joaquin,The 1987 Constitution of the Philippines: A Commentary, 2009, p.99
16 Art. 2, Sec. 26 and Art. 6, Sec.32, 1987 Constitution
proposes to be enacted into law by the legislature.17 With this
statutory basis, a group called MAD (Movement against Dynasties) filed
a bill in Congress seeking to prohibit political dynasties.18
Another political group, Social Justice Society and Kapatiran
have initiated a signature campaign aiming to collect at least 10
percent of registered voters’ signatures with at least three percent
of every legislative district as required by law.19 The group warned
that unless an anti-dynasty law is passed, the “privatization” of the
governments in the hands of few political families would continue.20
CHAPTER III
A. The Dynastization of the Philippines
The reasons for the apparent salience of political dynasties in
the country today can be drawn from the country’s political and
economic history. The existence of political dynasties was neither
patterned after the Marcoses and their cronies nor was it a product of
17Section 11, RA 6735 or "The Initiative and Referendum Act" , the enabling law on People’s Initiative18 As reported by Mangunay, Kristine Felisse, Philippine Daily Inquirer, Thursday, July 18, 2013, http://newsinfo.inquirer.net/447245/group-invokes-peoples-initiative-vs-dynasties
19 Sec. 5, R.A 673520 http://newsinfo.inquirer.net/305134/groups-press-for-peoples-initiative-against-political-dynasties
the election system; it has already been in place for the past six
centuries. There are three notable periods in history that pertain to
the evolution of the political dynasty. The first period dates as far
back as the pre-colonial period; the second commenced during the
Spanish regime; and the third in 1898 when US colonization began.21
The occurrence of political dynasties was believed to be first
recorded in the pre-Magellanic period. In his book “The Making of a
Filipino, Renato Constantino pointed out that “communities at this
time were already accustomed to an early form of government and
politics.” The pre-colonial society had the datu, raja, and maharlika
as rulers and stewards of tribal communities. According to
Constantino, their strong familial bonds espoused the development of
the leadership and social prestige of this ruling class. Perhaps the
datu, raja, and maharlika class served as archetypal models for the
formation of political dynasties in the Philippines.22
During the Spanish colonial period, the term principalia was
introduced. The principalia embodied the new kind of local elite. To
Constantino, the principalia “was composed of the wealthy landowners, many
of whom were descendants of the early datus and maharlikas.” This time, the
21 Constantino, Renato. (1982), The Making of a Filipino: A Story of Philippine Colonial Politics. Quezon City: R. Constantino22 Ibid
former datu “has been entrusted with fiscal and administrative duties
and became adjuncts of Spanish power. From mere administrators of
socially-owned land during the pre-Magellanic period, the principalia
eventually became formal owners of these lands.” The principalia, along
with the mestizos, illustrados, mestizo-sangley, creole, and Chinese
mestizos constituted the local oligarchs of the country.
The third period was highlighted by “the introduction of
education and suffrage by the US that catapulted the elites in the
first local elections in 1903 and the first national elections in
1907.23 The elites capitalized on education to acquire new knowledge
and information. Through education, both the local and national elites
obtained a new form of mechanism, which the French sociologist Pierre
Bourdieu called “cultural capital.” Education was the ticket to
election participation and a prerogative of wealth. In history, the
first elections only catered to the propertied class, which comprised
less than one percent of the population. William Howard Taft directed
this first-ever election limiting the number of participation only to
the local and national elites.24
23 Constantino, Renato. (1982), The Making of a Filipino: A Story of Philippine Colonial Politics. Quezon City: R. Constantino24 Ibid
In his treatise on political dynasty, Tuazon revealed that
nearly 50 percent of the country’s current political dynasties owe
their ascendancy to post-Marcos (1986) political deals when most
elective positions were filled up by appointees of then President
Corazon C. Aquino, “including the Ampatuans of the infamous
Maguindanao massacre.” In the entry of political appointees, it is
understood that more families were allowed to establish their
respective dynasties in the political arena. The prevalence of
political families in various public posts has become commonplace in
the Philippine government today.25
According to Senator Miriam Defensor-Santiago, an outspoken
advocate against political dynasties and author of an anti-political
dynasty bill now pending in Congress, political dynasties rule over 94
percent of the country’s 80 provinces. Citing 2010 election figures,
she said in the Senate, 80 percent or 18 of the 23 senators were
members of political families. In that same election year, 74 percent
or 170 of the 229 district representatives in the House of
Representatives belonged to political families. During the 15th
Congress, 52 or 91 percent of the 56 party-list seats in the Lower
25 Tuazon, Bobby. (2012 September). Election 2013: Horizontal and Vertical Expansion of Political Dynasties. Issue Analysis: Policy Study, Publication and Advocacy (PSPA), 3. Retrieved from http://www.cenpeg.org
House were held by millionaires. Ten nominees came from political
clans.26 Although the recent May 2013 election has resulted to the
downfall of some big names in politics like the Jalosjos clan in
Zamboanga peninsula, Ampatuans of Maguindanao, Villafuertes’ of
Camarines Sur and the Garcia clan of Cebu, still this is just a
portion of the pie. Most political clans have tightened their grip for
power.
B. The Social and Economic Impact of Political Dynasties
Philippine society, many sociologists note, revolves around the
system of extended families. However, this extended family system, an
otherwise beneficial concept when applied to the social aspects of
human endeavour, finds it pernicious effects in the political arena
where public office becomes the exclusive domain of influential
families and clans that are well-entrenched in Philippine politics.
The monopoly of political power and public resources by such families
affects the citizenry at the local and national levels. The socio-
economic and political inequities prevalent in Philippine society
26 As reported by Christina Mendez, Philstar.com, http://www.philstar.com/headlines/2013/03/01/914637/miriam-philippines-worlds-political-dynasty-capital, March 1, 2013,
limit public office to members of ruling families. In many instances,
voters, for convenience and out of cultural mindset look up to these
ruling families as dispensers of favours, and thus elect relatives of
these politically dominant families. 27
According to Querubin, “the role of political dynasties in
shaping the economic and political institutions constitute the
fundamental determinants of economic development.xxx Political
dynasties can undermine the quality of democracy and economic
development in the long growth.” 28
Several scholars argue that the dynastic nature of Philippine
politics has led to a personalized style of politics that undermines
the creation of a strong state and the adoption of country-wide
policies.29 As a consequence, the reform of important economic
institutions is often blocked by members of dynasties who benefits
from the status-quo. This has also prevented the emergence and
27 Santiago, Miriam, Explanatory Note, Senate Bill 264928 Querubin, Pablo, Political Refoms and Elite Persistence: Term Limits and Political Dynasties of the Philippines,2011, 1st Edition, p.229 Hedman, Eva and John Sidel (2000) Philippine politics and society in the twentieth century : colonial legacies, post-colonial trajectories, London, Routledge.
consolidation of political parties that address the demands of broader
constituencies. 30
Others claim that the resiliency of dynasties is associated with
rent-seeking and the allocation of state resources to further private
interests.31 This conclusion is consistent with the opinion of a well-
known economist Winnie Monsod. According to her, while it is hard to
generalize just how much political dynasties affect economic
development, these may hinder local economic development “to the
extent that rents for the political clan are created by restricting
competition in local markets and by leakages in the allocation and
delivery of public goods to the poor.”32In this connection, history is
replete with examples to justify this claim. For example, many
businessmen-politicians were investigated by the graft court for using
public funds to benefit their businesses. For example, Senator Manuel
Villar was accused of using his influence as a senator in inserting in
the General Appropriation Act an amount of P200 million pesos to
finance the construction of the C-5 Road Extension project that had
benefited his housing business.33
30 Ibid31 McCoy, Alfred (1994) An Anarchy of Families, Madison, WI, University of WisconsinPress.32 Monsod, on her 2003 paper for the United Nations Development Programme33 http://www.gmanetwork.com/news/story/182541/news/nation/the-c5-extension-controversy
To sum up the arguments above, the author believes that the
prevalence of political dynasties can deteriorate the quality of a
democratic ideal by limiting, if not eliminating the political
and economic competitions within the state. Consequently, this will
prevent people from effectively communicating their needs to their
government, allow dynastic officials to use the powers of the state
for self-serving interests without fear of replacement or
administrative sanctions, and skewing the selection of political
leaders favouring those with influence, possibly preventing the
best and the brightest from serving in the government, and/or
biasing policies in favour of certain groups.
C. The Pro- Political Dynasty Arguments, Considered
During the 1986 Constitutional Commission deliberations on the
provision of political dynasty, Commissioner Christian Monsod argued
against it, saying that “we have to be very clear on what we mean and
not just have a provision that can be interpreted in a very wide
latitude. I say so because this is a restrictive provision. It
excludes and it disqualifies. We should think very hard about this
before we put things in the Constitution that will deprive the people
of the right to a full choice as to who should be their local
leaders.” He added: “I just want to note that the ultimate objective
in cleaning the election process is to make sure that an elective
office is accessible to all, whether rich or poor. If we are going to
say that in order to democratize we will have to disqualify somebody,
this does not sound right.”34
This argument has gained popularity among those dynastic
politicians in defending their side. For example, Ferdinand “Bongbong”
Marcos Jr. when asked about what is his stand about political
dynasties said that “the voters are the best judges to determine if
the candidates are qualified and competent.”35
Jinggoy Estrada, another member of a political clan justifies
political dynasties in this way. He said, “In the Constitution, there
is a freedom of choice. If there is a performing official or a very
qualified and credible person, would you deprive him of running for
office simply because he belongs to a so-called political dynasty or
political family. It works both ways. In the end, it would be the
people who will decide,’’36
34 Bernas, Joaquin, On Political Dynasties, Philippine Daily Inquirer, April 28, 201335 Casayuran, Mario, Political Dynasty: Relevant or Not, Published in PDI, July 30,201336 Ibid
Another member of a political clan Nancy Binay, who won in the
May 2013 senatorial election defended political dynasties in this wise
“As long as malinis ang proceso, why ban candidates from running? Why
deprive the people of choice… it works both ways, deprive other
candidates from running but you are also depriving the voters of
people who na pwedeng pagpipilian. If qualified, why ban, kasi pareho
ang apelyedo?’’ 37
There is also a view that political dynasties afford
reformists extended time horizons that enable the planning and
implementation of policies with long-term goals. Politicians with
shorter tenures often yield to populist demands and shun difficult
but necessary reforms that pay-off in the future but critical to
sustained, robust, and inclusive growth. It is also possible that
dynastic politicians may possess legacy-related motivations that
are strongly linked with the overall outcomes in their respective
jurisdictions. Thus, the longer their tenure the more they tend to
care about long term outcomes.
D. The Spirit of the Constitution, The Author’s Argument
37 Ibid
The justifications cited above are familiar. In fact, if we will
ask those politicians connected to well-established political clans,
there is a 99 - percent guarantee that they will come up with the same
line of reasoning. It seems to me that these justifications had
already run thru their veins, always available whenever needed. And
they have mastered the craft of delivering it, so that it would appear
very convincing.
Convincing are the arguments of these politicians, they are
however very one-sided and self-serving. It does not really count well
if the Constitution is our barometer. Despite severe opposition
against its inclusion in Article 2 as part of the state policies, the
prohibition against political dynasties was nevertheless included. I
do not believe that those who were against it merely conceded to
shorten the debates. It would be very unintelligible to say that the
framers of our Constitution have put this provision as a decorative
sentence adorning the organic law. The truth is, this is a
constitutional mandate, wherever it may be placed in the Constitution.
Indeed, the author agrees with Senator Guingona in his position that
the Congress may be liable for abrogating a sacred constitutional duty
by not enacting a law against political dynasties.38 The fact that this
provision is not self-executing does not take away the truth that this38 Ibid on page 1
is a constitutional command. Our Congress should not resort to
technicality to justify its willful inaction as regards this mandate.
E. The Author’s Proposal: Direct Legislation of An Anti-
Political Dynasty Law Thru People’s Initiative
Since Congress is the principal playground of political
dynasties, the realization of the dream that the provision on
political dynasties would widen access to political opportunities,
will very probably be exhaustingly long in coming39, or worst won’t
come at all. In this regard, the author’s proposal of directly
enacting this law is the remaining hope for its passage. In doing
this, we are only confirming a well-accepted democratic principle that
the voice of the people is the supreme law of the land. We have proven
this during People’s Revolution.
F. A Sacred Call
The continuing phenomenon of political dynasties today reflects
the encompassing influence of traditional politics, elite persistence,
crony capitalism, and political patronage. These monsters are
difficult to defeat, but it can be defeated. If indeed the remaining
hope for a passage of an anti-political dynasty law is thru people’s
39 Bernas, Joaquin, The 1987 Constitution of the Philippines: A Commentary. 2009. P.99
initiative, then it is worth all the effort. This requires a
deliberate, united, and purpose-driven effort. We need to exploit the
present public clamor to pressure the Congress and to let them know
our feelings as regards this very important constitutional mandate. We
need to have a broader media mileage to further gain public support
and get the favorable sentiment of the masses. We need to utilize the
social media and other networking websites to instill public awareness
of the issue. We should create effective linkages to different
progressive and reform-oriented non-government organizations to
facilitate grassroots involvement of this issue. Most importantly, our
vote matters. We should vote for those politicians who are against
political dynasties. We should therefore exhaust all the meta –legal
and legal means to achieve this noble objective.
In the coming 2016 Presidential election, two choices can be
made- for or against dynastic politicians. The choice then is ours.
And let this choice be the start of change. A change for a better and
more responsive democracy
CHAPTER 4. CONCLUSION
Democracies promote political equality—equal voice in
government decision-making—through one person one vote, equality
before the law, and free speech, among others. In turn, such
provisions are expected to enhance equal consideration of
preferences and attention to the needs of all citizens. In
countries where the vast majority is from the lower income segment
of society, democratic institutions potentially open the door for
more responsive and pro-poor policy-making. This setting is
critical in terms of investments in human capital, which are
important for long-term economic growth. Democracies could
therefore contribute to poverty and inequality reduction as well as
promote high and inclusive economic growth. However, as already
been established, the existence of these political dynasties have
been the plagued that threatens the very core principle of
democracy.
It is by this reason that the author is wholeheartedly
convinced by the words of the then Senator Alfredo Lim that “by the
time that the bill is enacted into law, it will usher in a new
social and political order, which might in the long run provide a
direction that will salvage our sinking ship and restore our lost
glory in terms of political maturity and development.”40
CHAPTER V. BIBLIOGRAPHY
1. Asako, Matsubayashi and M. Ueda, 2010, Dynastic Legislators:
Theory and Evidences from Japan
2. Bernas, Joaquin, 2009, The 1987 Constitution of the Philippines:
A Commentary, Quezon City
3. Constantino, Renato, 1982, The Making of a Filipino: A Story of
Philippine Colonial Politics,Quezon City
4. Hedman, Eva and John Sidel, 2000, Philippine Politics and
Society in the 20th Century: Colonial Legacies and Post –Colonial
Trajectories, London Routledge
5. Dewan, T. and D.Myatt, 2010, Dynamic Government Performance:
Honeymoon and Crises of Confidence, Economic Series Working
Papers 500, University of Oxford, Department of Economics
6. McCoy, Alfred W, 1994, An Anarchy of Families: State and Families
in the Philippines
40 Lim, Alfredo S., Political Dynasty: Anathema of Democracy(Privilege Speech), January 24, 2005