Saturday, February 9, 2013

We never had good statesmen and political dynasties is one reason

Politics is the easiest way to get rich in the Philippines but only if you win. And is you win, you have good chances of perpetuating your blood and kin in political power by making it cheaper to campaign during the run-up to elecitons. The number one thing occupying the minds of our senators and local executives is self-preservation. Strangely the constitution has provisions for not allowing political dynasties to level the playing field. Remember that the constitution is NEVER treated as the supreme law of the land, but rather as a general statement of intents and wishes, general principles and policies for the affective achieving of happiness and guaranteeing of freedoms of the Filipino people.

Lately the Supreme Court was asked, by a senatorial candidate, to compel Congress to enact enabling laws to implement the Constitutional policy ban against political dynasties. Unfortunately, as a friend in the legal profession said, the Supreme Court is the wrong forum to address this issue.

Firstly, the SC is limited to ascertain passed laws are within the mandate of the constitution. Secondly, the SC cannot be compel or order the or Congress to pass laws! The different branches are co-equal but separate with each other.

The extreme FAILURE of elected senators and congressmen to pass an enabling act reflects well on the mindset of our elected officials, many of whom are guilty of starting or strengthening their own political dynasties. They should have been voted out of office by the Filipino people, but as long as they have support through political vote buying or by the threat of violence thru the presence of goons, the Philippines is condemmed to ramain a fourth or third rate nation.

As conclusion, the presence of a ban on political dynasties is a sugary provision, and better be removed in the next constitutional convention. There is still no enabling law, and any appeals to the SC is legally and worthy to be dumped in the trash can. The constitutional provision says:

“the State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.”

Further reading:

1., February 5, 2013: SC wont even touch political dynasty issue

In its regular en banc session, the magistrates dismissed for lack of merit the petition of Richard Penson, saying the high court cannot compel a co-equal body to pass a bill to become a law.

2., issue 02/07/2013, letter to the editor

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