Constitutional Efforts to Challenge the Resiliency of Political Dynasties Part 1
Supreme Court Senior Justice Antonio Carpio defines 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.'1 It is an existing
phenomenon and reality in the Philippines that has taken its roots within its history and has still
endured until the present era. They have taken origins from Spanish colonial times through the
existence of the principal class as the groundwork, wherein the datus were given a status of local
nobility to keep the entire population under one centralized government.2 Followed by the
American period wherein the existence of dynasties was formalized through the elections
wherein only suffrage rights and government positions were only accessible to members of the
Principalia.3 Due to these series of historical events, the members of the Principalia became
powerful rural, influential, and wealthy politicians or elites who controlled vast tracts of
agricultural land.
Traditional clans of political Dynasty were still preserved for more than two
generations since the American colonial, Commonwealth, and post-war era. They survived even
the fourteen years of the authoritarian rule of the Marcos dictatorship. The restoration of formal
democratic institutions has seen the emergence of new political players, primarily middle-class
professionals and entrepreneurs who entered politics during the Aquino and Ramos
administrations.4 The political clans' adaptive techniques have paralleled the changing contours
of the country's socioeconomic and political landscape.5 In a way, the adaptability and endurance
of political dynasties should be recognized as they have survived different eras of leadership and
political conditions. This paper discusses the attempts to tackle the constitutional efforts
1
G.R. No. 180050. Accessed at https://lawphil.net/judjuris/juri2011/apr2011/gr_180050_2011.html
Majul, Cesar. PRINCIPALES, /LUSTRA DOS, INTELLECTUALS AND THE ORIGINAL CONCEPT OF
A FILIPINO NATIONAL COMMUNITY*. 1989. Accessed at
https://www.asj.upd.edu.ph/mediabox/archive/ASJ-15-1977/majul-ilustrados-principales-filipino-nation.pdf
3
Limos, Mario. Why There are Political Dynasties in the Philippines. May 16, 2019. Accessed at
https://www.esquiremag.ph/politics/opinion/political-dynasties-in-the-philippines-a00293-20190516
4
Teehanke, Julio. Emerging Dynasties in the Post-Marcos House of Representatives. April 18, 2012.
Accessed at https://www.tandfonline.com/doi/abs/10.1080/01154451.2001.9754225
5
Mccoy, Aldred. An Anarchy of Families: State and Family in the Philippines. November, 1994.
Accessed at
https://www.researchgate.net/publication/37699677_An_Anarchy_of_Families_State_and_Family_in_the
_Philippines
2
attempted or found in the 1987 constitution to curb or weaken political dynasties and the role of
the President in influencing its enduring existence. Part One of the paper discusses three
prominent constitutional efforts to challenge the resiliency of political dynasties in the
Philippines and its failure to curb or reduce dynasties. While Part Two aims to look into the role
of the President to influence and strengthen the existence of political dynasties and their
presence in the upcoming 2022 Presidential elections.
The 1987 Constitution and its Failure to Curb Dynasties
The 1987 Consitution was established after the 1986 People Power Revolution to
overthrow a dictatorial regime and restore democracy in the country. Under the new
Constitution was an attempt to curb the power of political dynasties through provisions of antidynasty and term limits.6 The Anti-dynasty provision is found in Article II, Sec. 26 of the 1987
Constitution, which says, "the state shall guarantee equal access to opportunities for public
service and prohibit political dynasties as may be defined by law."7 However, it still lacks an
enabling law that defines a dynasty and its repercussions.8 In theory, the Constitution prohibits
political dynasties. Still, its continuing prevalence in the country proves that this provision seems
futile as no concrete action has been taken to equip it with fangs that can regulate dynasties.
Congress has had the duty to enact an enabling anti-dynasty law since 1987, and there
have been 32 attempts but not one has passed the committee level of the House. 9 In further
understanding, no less than 70 percent of the members of the House come from political
dynasties.10 In further understanding, no less than 70 percent of the members of the House come
from political dynasties. The main reason to understand this inaction from Congress to empower
6
Purdey et al. Political dynasties in the Philippines. South East Asia Research, 24(3), 328–340. July
22, 2016. Accessed at https://doi.org/10.1177/0967828x16659730
7
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE II. Accessed at
https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-thephilippines/the-1987-constitution-of-the-republic-of-the-philippines-article-ii/
8
Mercado, Neil. Anti-political dynasty provision met with raised eyebrows in House panel. January
28, 2020. Accessed at https://newsinfo.inquirer.net/1220505/anti-political-dynasty-provision-met-withraised-eyebrows-in-house-panel
9
Masigan, Andrew. Evils of political dynasties. November 11, 2018. BusinessWorld Online. Accessed
at https://www.bworldonline.com/evils-of-political-dynasties/
10
Mercado, Neil. House “unlikely” to pass Anti-Political Dynasty bill — solon. July 22, 2020.
Accessed at https://newsinfo.inquirer.net/1310451/house-unlikely-to-pass-anti-political-dynasty-bill-solon
the anti-dynasty provision is obviously for reasons of self-interest; it is ironic to expect that the
officials would truly push forth banning political dynasties if they themselves are a product of
such dominance. While the next highlight of the Constitution to challenge dynasties is the term
limits. Senators' terms were set at six years, with no senator serving more than two terms in a
row, while members of the House of Representatives were limited to three three-year terms in
a row.11
However, established political elites have easily circumvented the term limit clauses by
‘passing their congressional seats on to their heirs’ or re-contesting the seats after a short
absence.12 They were leading to the phenomenon of fat dynasties getting obese. Fat Dynasty is
used to describe families that occupy elected positions simultaneously, usually in one political
jurisdiction and across different positions. Fat Dynasty is used to describe families that occupy
elected positions simultaneously, usually in one political jurisdiction and across different
positions.13 Term limits, to some extent, aggravated the proliferation of dynasties by providing
incentives for incumbents to use their relatives as a "survival strategy" when their term comes to
an end.14 The ability of political clans to skirt around and adapt to the term limits is a contributing
factor in persuading more members from a political family to occupy seats in politics. In the
Philippines, term restrictions have been exploited by "keep it in the family" practitioners to foster
political dynasty formation.15 Instead of reducing political dynasties by limiting their time to rule
for specific positions and fostering inclusivity in the political system, it only heightened their need
to utilize every family member to acquire a position to continue their dominance.
Cracks in the System of Party-list Representation
Another possible bulwark against political dynasties is the Constitution's provision for
party-list representation in Congress, which aims to address the problem of under-
THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE VI. Accessed at
https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-thephilippines/the-1987-constitution-of-the-republic-of-the-philippines-article-vi/
12
Mendoza et al. Term Limits and Political Dynasties: Unpacking the Links. April 18, 2019. Accessed
at https://doi.org/10.2139/ssrn.3356437
13
Mendoza et al. From Fat to Obese: Political Dynasties after the 2019 Midterm Elections.
September 16, 2019. Accessed at https://doi.org/10.2139/ssrn.3449201
14
Ibid
15
Quimpo, Nathan. [OPINION] Term limits and the rise of the Duterte dynasty. April 3, 2021.
Accessed at https://www.rappler.com/voices/thought-leaders/opinion-term-limits-rise-duterte-dynasty/
11
representation of society's less privileged classes.16 One-fifth of the officials of the House of
Representatives will be elected from a single countrywide district using a party-list system. The
rest of the House has been elected using the same system as before the 1935 Constitution, either
'first past the post' or single-member district plurality of one member from each district, with the
winner required to receive the most votes or by plurality17. The essence of the party-list
representation was paving the way to allow new candidates for public office that came from
diverse and varying promotions of interests. Still, even this provision was not spared from being
utilized as a survival strategy of the Philippine political dynasties.
Throughout the years, the system has become a backdoor or shortcut to the House for
those who cannot run in the district elections.18 . According to the Philippine Center for
Investigative Journalism research, at least 70 of the 177 party-list organizations authorized by the
Commission on Elections for the May 2022 elections include nominees linked to political clans or
incumbent local or national elected officials.19 In 2013, the Supreme Court issued a major
decision declaring that political parties are not required to represent "any underprivileged or
underrepresented sector," and it is one of the contributors that made the party-list system
become what it is today.20
The verdict permitted national and regional representatives, as well as political party
sectoral arms, to participate. It became a gap for powerful political clans and entrenched
interests at the national and local levels to leverage the party-list system to further their
dominance.21 Dynasties that aren't pleased with obtaining congressional seats have turned to the
party-list system to increase their power and influence while also accommodating relatives who
16
Republic Act 7941: Party-List System Act | Philippine Commission on Women. Accessed at
https://pcw.gov.ph/republic-act-7941-party-list-system-act/
17
Teehankee, Julio. Reforming an “evil” party-list system. July 1, 2019. Accessed at
https://theasiadialogue.com/2019/07/01/reforming-an-evil-party-list-system/
18
Gavilan, Jodesz. LOOK: Political dynasties use party list as backdoor to Congress. October 19,
2018. Accessed at https://www.rappler.com/newsbreak/iq/214639-party-list-nominees-political-dynastiescongress-backdoor/
19
Guda, Kenneth. Politicians, their spouses, siblings, and children pack the party-list race.
February 24, 2022. Accessed at https://www.rappler.com/nation/elections/politicians-spouses-siblingschildren-pack-party-list-race-2022-polls/
20
Santos, Tina. Politicians exploit party-list system to build dynasties. February 11, 2019. Accessed
at https://newsinfo.inquirer.net/1084041/politicians-exploit-party-list-system-to-build-dynasties
21
Ibid
may be contending for limited local jobs. The party-list may have been a useful counterforce, but
the majority of them have become enmeshed in the dynamics.22 Once again, the inadequacy of
the party-list system can be associated with its key designer or the Congress. Its members may
have viewed party-list groups as either possible adversaries or valuable venues in their fight to
retain their power and privilege.
The more severe problem is that the system has been co-opted by traditional politicians
who have organized their party-list groups in recent years. In the coming 2022 party-list elections,
a total of 270 party-lists filed their Certificates of Candidacies, the vast majority of which are
under the hands of political dynasties.23 Thus, while the party-list system was initially intended
to represent marginalized sectors in society, it has been captured by the elite and other interests,
and it also has a confusing interpretation of sectoral and proportional representation based on
the Supreme Court's landmark decision.
Hopes for A Charter Change
The provisions found in the 1987 Consitution, such as the anti-dynasty, term limits, and
party-list representation, have cracks exploited by the Philippines' resilient political dynasties. It
leads to the idea that changing it might be a solution in filling in the gaps to ward off the dynasty.
Charter change introduces amendments or revisions to the Constitution, through a constituent
assembly or a constitutional convention, changes or alterations to the Constitution can be
submitted.24 It is Congress that may either convene as a constituent assembly or call for a
separate constitutional convention to propose the amendment or revision of the Constitution.25
Disappointingly, in reality, the Philippine Congress is infested with officials that are products of
political dynasties, which makes it doubtful whether the key framers would even solidify or create
provisions that would weaken dynasties.
22
Special Report on Political Dynasties and Party-List groups - Philippine Press Institute. April 20,
2021. Accessed at https://philpressinstitute.net/special-report-on-political-dynasties-and-party-list-groups/
23
Ibid
24
Gregorio, Xave, The process of charter change, explained. January 9, 2021. Accessed at
https://www.philstar.com/headlines/2021/01/09/2069298/process-charter-change-explained
25
Bueno, Anna. 6 things you should know about Constitutional change. July 4, 2018. Accessed at
https://www.cnnphilippines.com/life/culture/politics/2018/07/04/philippine-constitution.html
The incumbent President, Duterte, seems more intent than his predecessors in pursuing
charter change. While all four presidents before him have proposed cha-cha in some form or
another, Duterte has been the most ardent and regular supporter. He and his allies have already
attempted five times, all of which have been met with popular outrage and subsequently
reversed.26 The current attempt at Charter Change seeks to revise the 1987 Constitution to make
way for Federalism as one of his campaign promises.27 The many attempts of Congress or groups
to change the 1987 Constitution failed because of intrinsic merit. It is because the attempts were
viewed as nothing but veiled attempts to extend the President's term of office.28 This distrust
with presidential incumbents from the trauma left by the Marcos dictatorship makes it difficult
to truly expect that a new constitution will be a successful resistance towards dynasties.
Conclusion
The 1987 constitution aimed to restore democracy, but it failed to cure the lump of cancer
called political dynasties. The 1987 constitution was weak and, in some ways, also restored the
heightened power of the few elites and oligarchs that existed throughout Philippine political
history. Provisions on anti-dynasty, term limits, and party-list representation existed, but its
effect on political dynasties has not been genuinely effective, but it might have also aggravated
its existence. It is also a disappointing reality that the officials that occupy positions in Congress
are filled with those that are products of political dynasties, which makes it difficult to curb it
from the initiative of Congress truly.
Political families or dynasties have a cockroach-likeability to survive decades of Philippine
history and exploit the cracks in the Constitution, which makes it challenging to reduce or
eradicate its existence. The 1987 constitution has its inadequacies and gaps thus, and it also puts
forth the idea that changing the Constitution can be a good option to disempower dynasties
26
Beltran, Michael. In the Philippines, a political dance around constitutional change. August 6,
2020. Accessed at https://www.lowyinstitute.org/the-interpreter/philippines-political-dance-aroundconstitutional-change
27
Tomacruz, Sofia. LOOK BACK: Past Charter Change attempts and why they failed. January 17,
2018. Accessed at https://www.rappler.com/newsbreak/193825-past-attempts-charter-changephilippines-failed/
28
Atienza et al. Fresh push to change charter a “waste of time,” likely to fail - BusinessWorld
Online. January 7, 2021. Accessed at https://www.bworldonline.com/fresh-push-to-change-charter-awaste-of-time-likely-to-fail/
effectively. There have been efforts from past administrations to pursue charter change but fear
left from the Marcos dictatorship, and the desire of incumbents to extend their terms makes it
difficult. For charter change to genuinely work, there must be an assurance that Congress or key
lawmakers would be those that truly reject dynasties and hope for its elimination. Additionally,
the intent and influence president plays a crucial role in solidifying the trust to create a better
constitution to combat political dynasties.