“KAYA NI MR. KAYA NI MRS!”

March 15, 2025 Opinion

The slogan is not mine and I first saw it in my father’s hometown Moncada Tarlac. The Aquino’s who I know were distant relatives of
my father have been lording it over there for four decades now. Although Manong Mayor Benny has gone over to the other world, his wife continues her political career running for Vice-Governor in the province. Here in the local scene though, the husband and wife team of Mark and Sol or Sol and Mark have cast their lot be attempting to be the first couple to win an election which for generations now have frowned on the idea.

While a certain DILG official opines that is a prohibited act as they cannot implement the Constitutional provision which explicitly
prohibits political dynasties to ensure fair and equitable access to opportunities for public service. However, since the Constitution was approved in 1987, no enabling law has been passed to enforce the ban. This glaring gap in legislation raises critical questions about the
commitment of Congress to uphold a democratic principle for pure self-interest, political influence and lack of political will.

My little knowledge in law says i have to disagree, with all due respect can the DILG-CAR implement the Anti-Dynasty Law. The Constitution bans dynasties, but it is not self-executory and needs an enabling law for implementation. The closest legislation we have is RA 10742 or the Sangguniang Kabataan Reform Act of 2015. Section 10 enumerates the qualifications of an SK official. “must not be
related within the second civil degree of consanguinity or affinity to any incumbent elected national official or to any elected regional, provincial, city or municipal, or barangay official in the locality where he or she seeks to be elected.”

Fyi first degree is from parent to son(s) or daughter(s); second degree is from son(s) or daughter(s) to their own son(s) or daughter(s),
grandkids. The prohibition is not limited to an incumbent SK but to any sitting official, thus the apo of a Mayor cannot ran in the October polls. The spouse is indeed a relative not by blood or consanguinity but by affinity (spermatoa) but the PB is not SK, hence not covered by the ban. So whether for continuity of programs or projects or what the tradpols say, “clamor of the people”, let the games begin!

Some people though feel that passing of political powers to another like a family heirloom leaves a bad taste in the mouth! Thus in the provinces, it is widely practiced to be Congressman or mayor or SK Chairman by “hereditary succession” and hopefully Baguio remains to be unaffected and continue to practice it’s stand not to follow the grotesque trait, Of course, the couple and the other dynastically oriented
politicians says “we leave it to the voters to decide their fate.

Constitutionalist, Ateneo De Manila’s Dean of Law, author of Political Law Books Fr. Joaquin Bernas, who was a member of the Constitutional Commission that drafted the 1987 Charter says “The argument that the electorate should be left free to decide whom to choose is not without validity. Partly for that reason, the meaning of political dynasties has been left for Congress to define. But since
Congress is the principal playground of political dynasties, the realization of the dream that the provision on political dynasties would widen access to political opportunities, will very probably be exhaustingly long in coming.”

Don’t you worry apo Padi. There is still a breed of leaders incumbents who keep a conscience and principle with or without an enabling law. In the end, it’s not a law but how people vote that will end a dynasty, who cling to positions for their own selfish agenda-power, commissions, perks, Aids (acquired income delivered secretly or now by G-cash or Atm), thus the greedy desire to pass on to another
relative after finishing their term. Anyway, the late icon Senator Miriam had the balls filing Senate Bill 2649 “An Act to prohibit political dynasties.”

The bill disqualifies candidates up to the 2nd degree of consanguinity to participate in the elections and read side by side with SB 11688 will prohibit the spouse, or any person related within the third degree of consanguinity or affinity to an incumbent elective official
seeking re-election from holding or running for any elective office in the same province in the same election. If the incumbent elective official is a national one, the aforementioned relatives shall be disqualified from running only within the same province where the former is registered voter.

If none of the candidates are related to an incumbent elective official but are related to one another within the said prohibited degree, they and their spouses, shall be disqualified from holding or running for any local elective office within the same province in the same election. In all cases, no person within the prohibited civil degree of relationship to the incumbent official shall immediately succeed to the position of the latter. Inspiring but death came to early for the feisty Senator. Maybe who ever males it to Congress on May 12 may still fulfill dream of the best President, the country never had or at least foil the attempt to make Baguio a “Kaya ni Mr. Kaya ni Mrs!” City. My misgiving … I will but I can’t! Meantime-One would be enough! Sigh.