“Entrenched concentration of power reduces competition, narrows political access, and weakens accountability over time”
THE 1987 Constitution is clear. Political dynasties are prohibited as may be defined by law. Decades later, Congress is still struggling with the definition.
Several House Bills in the 20th Congress attempt to operationalize the Constitutional mandate. On paper, many appear reform-oriented. But legislative language is not judged by intent alone. It is judged by design, enforceability, and resistance to evasion.
Below is my structured evaluation of the key proposals and the dangers embedded in some of them.
HB 5905 is among the stronger frameworks filed.
Strengths
- Uses the 4th civil degree of consanguinity and affinity, which reflects the actual structure of political clans in the Philippines.
- Covers party-list nominees and substitution mechanisms.
- Includes sworn statements and COMELEC enforcement procedures.
Weak Points
- The allowance tied to incumbents ending their term within the same election year can be strategically exploited. Coordinated timing between relatives can preserve control while appearing compliant.
- The exemption related to barangay-level succession creates a structural gap. Barangays are political training grounds and machinery bases.
HB 5905 has strong foundation, but vulnerable to timing strategies and grassroots loopholes.
HB 7453 adopts the 4th civil degree and takes party-list mechanisms seriously.
Strengths
- Covers party-list substitution and nominee reordering.
- Denies due course to later filings that create prohibited configurations.
- Provides clearer pre-election enforcement mechanisms.
Weak Points
- Assumes significant verification capacity on the part of COMELEC.
- Without structured data integration and strict audit governance, enforcement risks becoming inconsistent or selective.
HB 7453 is structurally sound, but success depends heavily on administrative capacity and data governance safeguards.
HB 7072 attempts to close practical loopholes often exploited in local politics.
Strengths
- Extends coverage to common-law and de facto relationships.
- Recognizes how dynasties function beyond formal marriage records.
- Covers both national and local levels.
Weak Points
- The provision stating that the Data Privacy Act shall not apply in certain verification contexts is legally risky. It invites constitutional challenge and weakens the defensibility of the reform.
- Geographic limitation to the same district, province, or city allows jurisdiction-hopping strategies.
HB 7072 is conceptually ambitious but contains a litigation vulnerability and geographic escape routes.
HB 6925 appears reformist but is structurally underpowered.
Strengths
- Requires sworn declarations.
- Covers party-list nominees and substitution within the defined degree.
- Allows citizen petitions.
Weak Points
- Restricts coverage to the 2nd civil degree. This excludes cousins, in-laws, and extended clan structures that are central to entrenched dynasties.
- Requires simultaneity for prohibition. Pure succession remains allowed.
- Explicitly permits certain “combinations” across levels of government.
House 6925, a cosmetic reform, does not meaningfully dismantle concentration of power.
HB 909 limits coverage to the 2nd civil degree and imposes geographic constraints.
Strengths
- Includes sworn statements and election offense framing.
- Establishes formal enforcement procedures.
Weak Points
- Coverage is too narrow to disrupt real clan networks.
- Geographic restriction invites strategic distribution of relatives across adjacent jurisdictions.
- Allows incumbents already in dynastic arrangements to continue running until term limits are exhausted.
HB 909 has a weak deterrent effect. Risks institutionalizing existing dynasties while appearing reformist.
Structural Themes
Across proposals, three recurring design risks emerge:
1. Narrow Degree Coverage
Bills limited to the 2nd civil degree fail to address the extended structure of Philippine political clans. Real dynasties do not operate within nuclear family boundaries.
2. Simultaneity-Only Restrictions
If succession is allowed, dynasties rotate power rather than share it simultaneously. Prohibiting overlap without prohibiting rotation leaves the system intact.
Ang tunay na dynasty hindi sabay. Salitan. Maayos. Organisado.
3. Enforcement and Privacy Tension
Effective enforcement requires access to civil registry data. However, wholesale exemption from privacy law creates constitutional risk. Reform must balance verification with data minimization and audit safeguards.
What a Serious Anti-Dynasty Law Requires
If the objective is to curb corruption and undue influence, a consolidated substitute should include:
4th civil degree coverage.
Prohibition of both simultaneity and immediate succession.
Inclusion of barangay and party-list positions.
Anti-evasion provisions covering resignation and assumption by operation of law.
Data verification mechanisms compliant with privacy safeguards.
This is not a theoretical exercise. It is institutional design.
Political dynasties are not automatically corrupt. But entrenched concentration of power reduces competition, narrows political access, and weakens accountability over time.
Congress now faces a structural choice.
They either pass a law that reflects how dynasties actually function or pass a law that satisfies the headline while preserving the machinery.
History will record the difference.
(The writer is a Filipino technology entrepreneur and blockchain advocate with over 20 years of experience in financial technology and digital transformation. She is the Founder and CEO of TraXion Tech, focusing on Web3 and blockchain innovations to enhance financial inclusion.)
