SC Directs Congress: Pass Anti-Dynasty Law

The Supreme Court has directed Congress to immediately comply with its constitutional duty to enact a law that will put an end to political dynasties.

At a press briefing on Wednesday, Sept. 16, SC spokesperson Camille Ting said the high court has issued a writ of mandamus directing the Senate and the House of Representatives to pass an anti-political dynasty law, as mandated under Article II, Section 26 of the 1987 Constitution.

Citing the SC ruling, she said Congress’ failure to comply with its duty, including defining political dynasties and determining the scope of prohibition, after 39 years “constitutes grave abuse of discretion.”

“This provision is not merely an aspiration but a constitutional command. The use of the word ‘shall’ makes it clear that the State has a mandatory duty both to guarantee equal access to public service and to prohibit political dynasties,” the court said.

Moreover, Ting said the phrase “as may be defined by law” does not give Congress the choice on whether to prohibit political dynasties; rather, the authority to define what constitutes a political dynasty and determine the scope of the prohibition.

The SC unanimously granted the consolidated petitions filed in 2025 by several groups and individuals that sought to compel Congress to enact a law against political dynasties.

Under Section 26 of the Constitution, the State “shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.”

“The Congress of the Philippines must henceforth and with utmost urgency enact the appropriate anti-political dynasty law at the earliest opportunity,” the court said.

While the SC recognized that it cannot order Congress to perform a discretionary act due to the principle of separation of powers, the high tribunal said “mandamus is proper in this highly exceptional case because of the clear showing of grave abuse of discretion and manifest injustice.”

It took judicial notice of the number of anti-political dynasty bills filed but left unacted upon since the ratification of the 1987 Constitution.

It also considered studies on the prevalence of political dynasties and their effect on the country’s socioeconomic conditions.

The SC noted that political dynasties have remained widespread and have extended even into the party-list system.

“Despite changes in the composition of Congress over the years, no comprehensive anti-political dynasty law has been enacted,” it pointed out.

The SC also ruled that existing laws containing restrictions on political dynasties, such as the Sangguniang Kabataan Reform Act, Bangsamoro Electoral Code and Bangsamoro Local Governance Code, do not fully satisfy Article II, Section 26 of the Constitution.

It noted that the prohibition envisioned by the Constitution applies broadly to opportunities for public service and not merely to narrow sectors.

Although the Constitution does not set a deadline for Congress to enact the law, the SC said this does not allow Congress to postpone its constitutional duty indefinitely.

The high court also ruled that the Commission on Elections (Comelec) cannot be compelled to issue implementing rules to disqualify candidates who belong to political dynasties or cancel their certificates of candidacy.

The ruling was penned by Associate Justice Ramon Paul Hernando.

In his concurring opinion, Senior Associate Justice Marvic Leonen said political dynasties could “entrench inequality, weaken accountability, limit electoral competition and voter choice and foster patronage, impunity and corruption.”

For the anti-dynasty law to be meaningful, he said it must cover both simultaneous family occupation of public office and immediate familial succession, as well as the broader configurations of political dynasties.

This is so that “new blood and a new brand of leadership may genuinely enter the government.”

Associate Justice Henri Jean Paul Inting also concurred with the ruling, saying Congress has a clear constitutional duty to enact a law prohibiting political dynasties and that this obligation is mandatory and may be enforced by the courts through a writ of mandamus.

‘Wake-up call’

Lanao del Sur 1st District Rep. Zia Alonto Adiong, chairman of the House committee on suffrage and electoral reforms, said the SC decision is a “constitutional wake-up call” for lawmakers to immediately pass an anti-dynasty law.

He was reacting to the SC saying that “Congress’ prolonged failure to enact an anti-political dynasty law constitutes grave abuse of discretion.”

“For nearly four decades, Article 2, Section 26 of the 1987 Constitution has directed the State to guarantee equal access to public service and prohibit political dynasties as may be defined by law. The duty to define and prohibit belongs to Congress. Inaction is no longer defensible,” he said.

“Congress must finish the anti-political dynasty law now. At the earliest possible time,” Adiong stressed. “The SC has spoken on the duty. Congress must now speak through legislation.”

The House approved early this year by way of third and final reading the Anti-Political Dynasty Bill which has since been sent to the Senate for its possible concurrence and eventual approval, perhaps with some modifications or refinements.

Hontiveros plea

Sen. Risa Hontiveros appealed to her colleagues to resume plenary deliberations on the long-stalled measure.

In a manifestation, Hontiveros noted the Supreme Court highlighting Congress’ failure for nearly four decades to fulfill the 1987 Constitution’s mandate to define and prohibit political dynasties.

Having previously steered the issue to the plenary as then chair of the committee on electoral reforms, Hontiveros offered to turn over her groundwork for the Anti-Political Dynasty Bill, including records from regional consultations, to the panel’s new leadership to expedite the legislative process.

“It’s not necessary for my version to be followed or who the sponsor is. What is important is for the law to be passed,” Hontiveros said. – With Delon Porcalla, Neil Jayson Servallos