Can an Anti-Political Dynasty Act exist within the confines of the 1987 Constitution?

Ako Bicol Party-list Rep. Alfredo Garbin Jr. raised concerns on Friday, Dec.12 that this might not be possible without first amending the Charter.

Garbin said the bill’s intent to broaden political participation, prevent the concentration of power, and promote democratic competition was “noble and constitutionally inspired". He cited Article II, Section 26 of the 1987 Constitution, which mandates the State to guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.

However, the lawyer-legislator felt compelled and duty-bound to point out a fundamental constitutional issue that the anti-political dynasty measure must confront.

According to Garbin, the qualifications for national elective offices are expressly and exhaustively laid down in the Constitution itself—for President and Vice-President under Article VII, Section 2; for Senators under Article VI, Section 3; and for members of the House of Representatives under Article VI, Section 6.

For House of Representatives, he noted, the Constitution clearly requires that a member be a natural-born Filipino citizen, at least 25 years of age, able to read and write, and, for district representatives, a registered voter and resident of the district for at least one year prior to the election.

“These qualifications are clear, categorical, and exclusive,” said Garbin, who emphasized that Congress has no authority to add to or subtract from them through ordinary legislation.

He pointed to the Supreme Court’s (SC) ruling in Albano v. Commission on Elections (G.R. No. 257610, January 24, 2023), where the High Court reiterated that any attempt by Congress to impose additional qualifications for elective office amounts to an unconstitutional amendment of the Constitution by statute.

Allowing such legislative action, the SC explained, would violate constitutional supremacy and undermine the sovereign will of the people.

On Wednesday, House Speaker Faustino "Bojie" Dy III and presidential son Ilocos Norte 1st district Rep. Sandro Marcos jointly penned and filed House Bill (HB) No.6771, their version of the proposed Anti-Political Dynasty Act.

While various similar bills have been filed in the current 20th Congress, the bill being pushed by the House leadership is expected to be used as the template measure of the Committee on Suffrage and Electoral Reforms .

The Constitution expressly prohibits poltical dynasties, but there is no implementing law for this. Such has been the case for almost 40 years.

Garbin said that HB No. 6771, while well-intentioned, effectively introduces additional disqualifications based on familial relationships and degrees of consanguinity or affinity, which are qualifications not found in the Constitution.

By barring certain individuals from seeking or holding national elective office solely due to family ties, the bill, he said, supplants constitutionally fixed qualifications and creates a conflict that cannot be resolved by statutory drafting alone.

Despite this, Garbin made clear that his position should not be misconstrued as opposition to reform. He reiterated that he has long advocated for constitutional amendments, particularly concerning provisions on national territory and economic restrictions, to better respond to contemporary governance, national security, and global competitiveness challenges.

“In fact, this development further strengthens the case for a comprehensive and principled review of the Constitution,” the veteran solon said. He says reforms must be introduced in a manner that is legally sound, democratically legitimate, and faithful to constitutional supremacy.

He warned that without constitutional amendment, even popular and sincere reform measures risk being struck down by the courts and reduced to political spectacle rather than lasting change.

“If we are truly serious about reforming our political system, we must be equally serious about doing it the right way so that reform moves beyond symbolism and results in genuine, enforceable, and enduring democratic change,” Garbin said.