Supreme Court Associate Justice Raul Villanueva said Congress has a ministerial, not discretionary, duty to enact a law defining and prohibiting political dynasties as he noted that lawmakers have kept Filipinos waiting for nearly four decades.
In a separate concurring opinion, Villanueva said the 1987 Constitution already prohibits political dynasties but left it to Congress to define the scope of the ban through legislation.
He said the constitutional framers did not intend to give Congress the option of simply refusing to enact the required law.
“The framers, in leaving to the will of Congress the extent of the prohibition, did not contemplate a situation where Congress has the discretion not to define the extent at all,” Villanueva said.
“They thus expected that a law will be passed to fulfill their intent,” he added.
Villanueva stressed that Congress’ responsibility to define the political dynasties that would be covered by the constitutional prohibition is “ministerial, not discretionary.”
He said there is no constitutional deadline for Congress to pass the law, but this does not justify its nearly 40-year delay.
“How soon was an anti-political dynasty law supposed to be enacted?” Villanueva said.
“While there is no definite deadline, it is certain that the defining law prohibiting political dynasties was long overdue even before the present petitions were filed,” he said.
He said the prolonged absence of an anti-dynasty law has allowed political dynasties to proliferate and remain unchecked.
Villanueva described political dynasties as a “concentration of power to a few,” saying their continued dominance could restrict equal access to public service for Filipinos outside established political families.
He acknowledged that not all political dynasties are necessarily harmful and that some have contributed to the development of their localities.
“But this is simply not enough reason not to prohibit political dynasties,” he said.
Villanueva urged Congress to finally fulfill its constitutional mandate and enact an anti-political dynasty law without further delay.
“Indeed, the time has come for the esteemed members of Congress, whether coming from a political dynasty or not, to be faithful to their oaths to defend and uphold the Constitution by enacting a defining law prohibiting political dynasties without any further delay,” he said.#