PHNO-HL: COMELEC: ONLY VOTERS CAN STOP POLITICAL DYNASTIES

COMELEC: ONLY VOTERS CAN STOP POLITICAL
DYNASTIES
[PHOTO -Comelec chairman Sixto Brillantes Jr. INQUIRER FILE PHOTO]
MANILA, OCTOBER 22, 2012 (INQUIRER) By Jocelyn R. Uy - The
Commission on Elections (Comelec) on Sunday said it was powerless to stop
political dynasties because Congress had yet to pass an enabling law for the
constitutional prohibition.
But Comelec Chairman Sixto Brillantes Jr. said those "annoyed" by them may
resort to a "people's initiative" or massive signature campaign to prevent their
dominance in the country's political landscape.
Brillantes over the weekend said it was "impossible" for the election body to
prevent relatives of incumbent officials from seeking government posts in the
2013 elections.
"We can't do anything about it," he said.
"There is no enabling law that prohibits political dynasties even if it is
not allowed under the Constitution," Brillantes said.
The Comelec chief was apparently commenting on a petition filed in the
Supreme Court asking the justices to order the poll body to enforce the
constitutional ban on political dynasties in the coming national and local
balloting.
"We can only administer what is provided by law," Brillantes said.
But he suggested that those irked by the presence of political dynasties in
the government could employ the constitutional provision on people's initiative.

"A people's initiative is the best … real solution to that problem so that it
would no longer have to pass through Congress," Brillantes said, referring to
Republic Act No. 6735, the law on people's initiative and referendum. "Because
the Congress will not allow that (banning political dynasties) … they will not
do something that will directly affect them," he added.
Article 17 Section 2 of the Constitution provides that "amendments to the
Constitution may likewise be directly proposed by the people through initiative
upon a petition of at least 12 percent of the total number of registered voters
… ."
Brillantes did not explain what constitutional amendment could be proposed to
bypass the need for implementing laws.
In a 24-page petition filed in the Supreme Court on Friday, a certain Louis
Biraogo lamented how patronage politics "became the rule in the elections," and
a candidate had no chance at winning if he or she did not belong to a political
dynasty.
The petitioner noted that the current candidates for the upcoming midterm
elections were the "best testament to that political and constitutional
mockery."
"The refusal of the government, the Congress in particular, to fulfill the
constitutional prohibition against political dynasties has been a continuing
insult to the Filipino people. Something must be done about this anomaly,"
Biraogo said.
Congress has also been sitting on the implementing rules of the freedom of
information provision in the 1987 Constitution.
SC asked to enforce political dynasties ban By
Jerome Aning Philippine Daily Inquirer 8:27 am | Saturday, October 20th, 2012

MANILA, Philippines—A businessman has asked the Supreme Court to
order the Commission on Elections (Comelec) to enforce the constitutional ban on
political dynasties in the coming national and local polls.
In a 24-page petition, Louis Biraogo lamented how dynasties still dominate
the country's political landscape, adding that the current batch of candidates
for 2013 was the "best testament to that political and constitutional mockery."

"The refusal of the government, the Congress in particular, to fulfill the
constitutional prohibition against political dynasties has been a continuing
insult to the Filipino people. Something must be done about this anomaly,"
Biraogo said.
"If the political branches of the government will not act on this baneful
problem, then the citizenry must act and seek appropriate judicial relief from
the court of last resort pursuant to the principle of ubi jus ibi remedium—where
there is a right, there is a remedy," he added.
According to Biraogo, political dynasties have long dominated Philippine
politics. "Patronage politics became the rule in the polls," he said, adding
that "one who did not belong to a political dynasty had no chance of winNing
against a member of a politically powerful and influential family."
"Under this system, public power remained in the hands of the political
dynasties. It also meant that the interests of the political dynasties prevailed
over the national interest," he said.
But an antidynasty provision was included in the 1987 Constitution. Section
26, Article II states: "The state shall guarantee equal access to opportunities
for public service, and prohibit political dynasties as may be defined by law."

"Whether or not political dynasties are evil per se is no longer debatable
from a constitutional perspective. Sec. 26, Art. II of the 1987 Constitution
prohibits political dynasties, period. Thus, whether a political dynasty is
reform-oriented, or is known for public service, does not really matter.
Political dynasties are prohibited by the fundamental law of the land," Biraogo
argued.
"Evidently, the prohibition against political dynasties is the means by which
the guarantee of equal access to opportunities for public power is to be
fulfilled," he said.
Biraogo mentioned candidates in the forthcoming election who belong to
political dynasties: senatorial aspirants Bam Aquino and Margarita Cojuangco,
cousin and aunt of President Aquino; the children of Vice President Binay—Nancy,
Abigail and Erwin—who are running for senator, congressman and Makati City
mayor, respectively; and the family of former President and Manila mayoral bet
Joseph Estrada, who has seven relatives running for various positions next year.

The petitioner also cited the Magsaysays, Cayetanos, Villars, Angaras,
Revillas, Belmontes, Pacquiaos and Jalosjoses, whose members currently occupy
government posts or are running for other positions next year.
Biraogo contended that while Congress has not yet passed a law defining the
term "political dynasties," the Comelec is vested with implied powers to make a
definition and the "ministerial duty" to prohibit dynasties.
"Twenty-five years has been too long a waiting period. Another 25 years will
be too much to bear. It is time to put an end to the continuing insult visited
upon the Filipino people by the inexcusable and adamant refusal of the Congress
to enact legislation for the full enjoyment by the people of a guaranteed state
policy," Biraogo said.


Chief News Editor: Sol Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE NEWS ONLINE
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rights reserved




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