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MANILA, Philippines — A proposed anti-political dynasty measure has cleared the House committee, but the substitute bill, which consolidates other proposals, may not be as strict as one expects.
The House Committee on Suffrage and Electoral Reforms approved on Tuesday, March 3, the unnumbered substitute bill for the anti-political dynasty measure, lowering the ban from fourth-degree relatives to second degree of consanguinity and affinity.
The motion to consolidate the bills was approved by 22 members, with four opposing.
Some minority lawmakers were confused, especially as the bill proposed by Speaker Bojie Dy and Majority Leader Sandro Marcos defines political dynasties up to the fourth degree of consanguinity and affinity, leading to their withdrawal as co-authors to the approved bill.
The three-member Makabayan bloc, which proposed a ban up to the fourth degree covering both the simultaneous and successive holding of posts, said the substitute bill merely "regulates" political dynasties rather than "prohibits" them, as required by the Constitution.
"For nearly four decades Congress has violated the Constitution through inaction. Now it is worse — they want to violate it through a law that pretends to comply," they said in a statement.
Committee Chair Rep. Zia Alonto Adiong (Lanao del Sur, 1st District) said at a press conference that over 60% of the House bills submitted to prohibit political dynasties proposed a ban up to the second degree.
"Since the majority of the versions opted for 2nd degree, that is what we have obtained as part of our working and substitute bill," he said.
Rep. Jonathan Keith Flores (Bukidnon, 2nd District) also clarified that the substitute bill did not fully adopt Dy and Marcos' proposals, saying that some provisions were modified to reflect the 24 other submissions and the public consultations conducted nationwide.
Adiong also said that the version the committee adopted will not completely prevent relatives from running for public office at the same time, considering the possibility that not all of them would be elected.
"So it's still an issue of allowing the electorate to decide. So we will not automatically 100% want to prevent others the chance to participate in a democratic process such as election. What we are trying to address is the concentration of powers," he added.
The prohibition — which critics describe as containing loopholes and amounting merely to regulation — applies only to relatives within the second degree holding office simultaneously in the same constituency or political unit.
This means that the spouse of an incumbent official or candidate in a city or municipality is barred from holding another elected position in the same area at the same time, as in Dy and Marcos' bill.
This provision implies that a spouse could still run for office in a different city or for a national post, which critics argue does little to prevent the formation of political dynasties.
In a statement, Dy welcomed the committee's approval and the adoption of parts of his proposal.
He said the approved version specifically bars arrangements such as spouses serving simultaneously as mayor and vice mayor of the same city, two senators serving at the same time, or a father elected as governor while his son serves on the provincial board in the same province.
Relatives within the second degree of consanguinity and affinity are also prohibited from holding national elective positions simultaneously.
The substitute bill also requires candidates to submit a sworn statement to the Commission on Elections declaring that, at the time of filing their certificate of candidacy, they are not establishing a political dynasty.
"Candidates must also report within five days if circumstances arise that could result in such a relationship. If spouses or relatives file candidacies that would create a prohibited relationship, the Comelec must notify the affected parties within five days," Dy added.
The speaker also said that since the bill does not bar relatives within the second degree of consanguinity or affinity from running for office, those elected within the same political unit would have 48 hours to decide among themselves who will assume the post.
"If no agreement is reached, the Comelec will conduct a drawing of lots. Elected officials may also voluntarily withdraw their candidacy," he said.
Meanwhile, Flores said that while some see the substitute bill as a weak curb on family power, it is a step forward given that the country currently has no law on the matter.
"But with the bill that we passed, only one can occupy one position in that particular political unit. So to say that it is a weak version, I would not agree with it. In fact, it is the strongest and only version that is existing right now," he added.
With the committee’s approval of the substitute bill, it will now submit its report to the plenary, where the House will take it up on second reading and consider possible amendments.
