Profile: The Anti-Political Dynasty Bill
* House Bills 3335 (filed 11/23/2004) and 4407 (filed 6/2/2005) consolidated into HB 5925 Committee Report issued 11/9/2006 for approval
* Senate Bill 1904 (filed 2/3/2005) done on 1st reading and referred to Committee on CONSTITUTIONAL AMENDMENTS, REVISION OF CODES AND LAWS
This is one bill that should have been legislated since Cory Aquino’s term, but remains to be enacted to this day. The reason for such a delay is simple: who would want to do that?
Currently, the House versions have been consolidated (HB 5925) and is now through from committee deliberations. An online copy is not available, but the Bayan Muna version (HB 3335) is available here. The Senate version, as filed by Miriam Santiago, is available in PDF format here.
Meanwhile, here is a funny quote:
On the other hand, Rep. Defensor stated that the main idea of HB 4407 is “to bar relatives from holding positions where power is concentrated in an individual but not from positions where decision-making is made through deliberations and consensus.”
Meaning, congressmen and senators are exempted.
Salient provisions common in HB 5925 and SB 1904:
SECTION 3. Definition of Terms:
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2. Political Dynasty Relationship – Exists when a person who is the spouse of an incumbent elective official or a relative within the second civil degree of consanguinity or affinity of an incumbent elective official holds or runs for an elective office simultaneously with the incumbent elective official within the same city and/or province or occupies the same office immediately after the term of office of the incumbent elective official.A political dynasty shall also be deemed to exist where two (2) or more persons who are spouses or are related within the second civil of consanguinity or affinity run simultaneously for elective public office within the same city and/or province, even if neither is so related to an incumbent elective official.
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4. Second Civil Degree of Consanguinity or Affinity – Shall include the relatives of a person who may be the latter’s brother or sister, direct ascendant or direct descendant, whether legitimate or illegitimate, full or half blood, including their spouses.
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SECTION 5. Persons Covered; Prohibited Candidates. – No spouse, or person related within the second degree of consanguinity or affinity, whether legitimate or illegitimate, full or half blood, to an incumbent elective official seeking re-election shall be allowed to hold or run for any elective office in the same province in the same election.In case the constituency of the incumbent elective official is national in character, the above relatives shall be disqualified from running only within the same province where the former is a registered voter.
In case where none of the candidates is related to an incumbent elective official within the second degree of consanguinity or affinity, but are related to one another within the said prohibited degree, they, including their spouses, shall be disqualified from holding or running for any local elective office within the same province in the same election.
In all cases, no person within the prohibited civil degree of relationship to the incumbent shall immediately succeed to the position of the latter: Provided however, that this Section shall not apply to Punong Barangays or members of the Sangguniang Barangay.
Comments:
Up to second degree only? Why not include cousins, nephews, nieces, grandchildren? Heck, why not include godchildren?
And also, I have problems with the local scope of these bills. It should be updated. A president with a son as senator and another as congressman and a nephew as mayor is a political dynasty but not covered as defined by these bills. Case in point: Gloria Arroyo, with a son and a brother-in-law as congressmen, and another son being rumored to be interested as a congressman. Lito Lapid, with a son as a governor. Loi Estrada, with a son as a senator.
I also believe that this bill should include appointive offices. Patronage has to end, too, and it should start with the family. Case in point: Lito Atienza, with a son as head of a city office.
Passing this bill will change the political landscape that we have right now. The battle by relative-as-proxy will be replaced by battle of chosen proxy (or war horse, if you want).