SC: Congress has duty to pass law banning political dynasties


MANILA, Philippines – The Supreme Court has ruled that Congress has a constitutional duty to craft and pass a law prohibiting political dynasties, noting that its continued inaction over the past 39 years amounts to a continuing violation.
Camille Ting, the high tribunal’s spokesperson, announced the en banc’s unanimous ruling on the consolidated petitions for certiorari and mandamus filed by various groups that urged the Supreme Court to compel the Congress to enact a law that defines and bans political dynasties.
READ: SC grants petition urging Congress to pass law vs political dynasties
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Ting said that the Supreme Court cited Article II, Sec. 26 of the 1987 Charter, which explicitly says that the “State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.
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She stressed that the use of the word “shall” in the Constitution means that both the Senate and the House of Representatives “does not give Congress a choice whether to prohibit political dynasties,” rather it gives it authority and a mandatory duty to act on the matter.
READ: SC asked: Tell Congress to ban political dynasties
“The Supreme Court noted that political dynasties have remained widespread and have extended even into the party-list system. Despite changes in the composition of Congress over the years, no comprehensive anti-political dynasty law has been enacted, implying either a lack of interest, avoidance for convenience, or service of self-interest,” said Ting in a press conference.
While the high tribunal “strongly urged” the Congress to carry out its constitutional obligation with “utmost urgency,” it did not set a deadline for the enactment of the law.
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READ: SC urged: Prod Congress to pass antidynasty law
Studies have shown that political dynasties contribute to the worsening poverty in some of the poorest areas in the country as they control the majority of the elective posts. /jpv
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