SAGiP Party-list Rep. Rodante Marcoleta says the 1987 Constitution framers are to blame for the continued absence of an anti-political dynasty law.
Marcoleta gave this take on Monday afternoon, Feb. 6 during the House Committee on Constitutional Amendments' hearing on pending Charter change (Cha-cha) measures in the 19th Congress.
According to Marcoleta, fixing the debacle on political dynasties--which the current Charter prescribes against--is one "positive" that will result from the proposed Cha--cha.
The former deputy speaker recalled that during the panel hearing last Jan. 26, Christian Monsod called out Philippine lawmakers for failing to legislate an anti-political dynasty law that would have given "teeth" to the constitutional provision.
"Totoo naman po yun eh (What Monsod said is true)," Marcoleta said.
"Pero bakit hindi po natin naisasabatas ang tungkol sa pagbabawal ng political dynasty? Mayroon din po kasing kasalanan yung gumawa ng Saligang Batas eh (But why can't we legislate a law against political dynasty? The framers of the Constitution are also at fault here)," he claimed.
"Ganito po ang nakasulat aa ating Saligang Batas. Section 26, Article 2 (This is what the Constitution says under Section 26, Article 2): 'The state shall guarantee access to opportunities for public service and prohibited political dynasties,'" he said.
"Dapat sana period na yun eh (They should have placed a period on that already)," noted the outspoken Marcoleta. "Alam po ninyo nilagay nila? (Do you know what they added?) 'As may be defined by law'."
Marcoleta said: "Eh talaga pong walang makakagawa ng batas sa political dynasty dahil nilagay niyo yung phrase na yun (Because of that phrase, nobody would be able to make a law against political dynasty)."
But the solution to this is quite simple: just get rid of the troublesome phrase 'as may be defined by law". Enter Cha-cha.
Marcoleta explained his proposal, which he appeared to be pitching to the resource persons opposing Cha-cha.
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"Subukan po nating magkaroon ng pagbabago ng Saligang Batas, alisin na po natin yung 'as may be defined by law'. (Let's try to push for constitutional amendments, let's remove the 'as may be defined by law"). Then it becomes a state policy.
"Hindi na kami kailangang gumawa pa ng batas about political dynasty kasi hindi pwede (We don't even need to create a law about political dynasty since it's no longer allowed)," he said.