The 1987 Constitution mandates Congress to define political dynasties and likewise prohibit their proliferation through legislation. Nearly four decades, however, this directive remains unfulfilled. Swayed by the deluge of public condemnation as a result of the corruption scandal involving flood control funds, a structural realignment of incentives and interests among dynasts appears to be emerging. Bolstered by the support from government leaders, particularly President Ferdinand Marcos Jr., and House Speaker Faustino “Bojie” Dy, III, portions of the civil society, and members of the professional class, the decades-long wait for a prohibition on political dynasties may soon be over.
However, it is important to take stock of the possible implementation challenges that may arise from this latest attempt to curb political dynasties. First and foremost, the expected administrative and bureaucratic adjustments might lead to operational issues in upcoming elections. Another cause for concern emanates from the anticipated multitude of legal issues and possible delays in the determination of election outcomes because of lingering questions on dynastic connections. There is also a prevailing belief that prohibiting individuals from being voted upon undermines basic democratic values. Under this scenario, the slew of disqualification cases due to dynastic relations might lead to voter disenfranchisement, which could then be used as part of the impetus for a concerted constitutional challenge and lead to its eventual repeal.
Indeed, the challenges in enacting and implementing a law prohibiting political dynasties must be disambiguated. If the reforms envisioned by the proponents and advocates of anti-dynastic legislation are to be realized, then they must ensure that the law and its implementing rules and regulations are readily interpretable, allow for rapid conflict resolution, and establish clear roles for all parties involved.