By Erik Espina
(Part 1)
A brief background evaluation on the 1987 Charter: 1) Cory Aquino had no prior dispensation from the Filipino people that once elected president, she could transgress her sworn oath to defend and protect the 1973 Charter and author a mock replacement. 2) She had no mandate to unilaterally convene a Constitutional Commission with members appointed by Malacanang. 3) Infirmities and weaknesses are identifiable in the 1987 Charter, the anti-dynasty provision influenced by “leftist thinking/inclination.” The same voices introduced resultant dysfunctions in a multi-party system and an abused party-list regime in a presidential form of government.
These items were resisted by Vice President Salvador Laurel but the Unido Party was blindsided by the sweeping “yellow fever.”
A plebiscite was held to restore constitutional democracy, but with a “Damocles sword” hanging over the head of the nation threatened with reversion to a “Freedom Constitution,” plus removal of sitting officer’s-in-charge in a reprise of appointed allies for local governments, the 1887 Constitution as approved in the plebiscite.
The anti-dynasty law provision, was part of the knee-jerk reaction to the experience of familial/crony martial law. 1) Palace controlled Comelec (example: 1978 Laban defeat and Pusyon-Bisaya results; perennial Southern Mindanao chattel for national votes and absence of actual elections; warlords and corrupt politicians who could not be removed from public-office were elected by intimidation, force of arms, illegal monies for vote-buying and cheating.
The contemporary shrill for the anti-dynasty law is myopic. Prohibiting family members simultaneously seeking public office is against the democratic process. In a real democracy, candidates are pre-qualified, campaign, and are voted for rejected by the people. They are not crowned as in a kingdom of “first born” nor totalitarian states like North Korea.
Why prohibit and penalize “Pedro” from aspiring for any elective position simply because he is related to Pepe? And in a regime mandated by the Constitution of “honest, orderly, peaceful election” (HOPE), any qualified citizen, regardless of birth, station, and motive, should be able to seek public office.