The Manila Times

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Namfrel decries watered-down anti-dynasty bill

THE National Citizens’ Movement for Free Elections acknowledged the recent passing of House Bill (HB) 8389, or the Anti-Political Dynasty Act, by the House of Representatives but said it was no cause for celebration. “Namfrel cannot in good conscience celebrate this bill as a genuine victory for democratic reform. After careful review, we are compelled to declare: HB 8389 is a watered-down measure that institutionalizes loopholes, offers political dynasties a legal road map for survival, and risks permanently closing the door on truly meaningful reform,” it said.“HB 8389 prohibits spouses and relatives within the second degree of consanguinity or affinity from simultaneously running for or holding elective office within the same jurisdiction. On its face, this sounds meaningful. Proponents cite projections that the bill could affect over 5,000 elective seats and displace up to 61 percent of municipal mayors with dynastic ties... But scrutiny of the bill’s mechanics exposes a far more troubling reality. The bill does not ban dynasties, it merely regulates which family members may sit together in the same room. Everything else remains on the table,” it added.“The bill only restricts relatives from simultaneously holding office within the same jurisdiction or tier. This single design flaw is a fatal concession. A spouse may hold a Senate seat while a sibling runs an entire congressional district. A parent may occupy a governorship while a child holds a separate congressional seat. Cousins, uncles and nephews may blanket an entire province’s municipal governments, all perfectly legal,” Namfrel pointed out.It also expressed concern about the “long-term political consequences of allowing a structurally deficient law to stand as the definitive legislative response to the dynasty problem.”“History teaches us that a weak law passed in lieu of a strong one does not invite improvement — it suppresses it. Once Congress declares that it has “addressed” political dynasties through HB 8389, advocates for genuine reform will face the far steeper challenge of arguing that an existing law is insufficient. Entrenched political clans and their allies will have every incentive to resist reopening the question. The passage of a flawed law, in this respect, may do more lasting damage to democratic reform in the Philippines than decades of legislative inaction,” the group said.It called on Congress to commit to nothing less than a “genuine, comprehensive” anti-dynasty law, that calls on the following: Fourth-degree coverage, vertical bans across government tiers, families not being allowed to use the party-list system, strict succession and cooling-off rules, and only one seat per family.“The prohibition must extend to the fourth degree of consanguinity and affinity, covering first cousins, uncles, aunts, nephews and nieces — consistent with Philippine civil law’s definition of close family relations,” Namfrel said. “A credible anti-dynasty law should move toward limiting any single family to one national seat and one local seat at any given time, preventing the vertical monopoly of an entire region by a single clan.”

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