Sunday, March 18, 2018

MILF: Editorial - Anti-dynasty provision in BBL

Posted to the Moro Islamic Liberation Front Website (Mar 18): Editorial - Anti-dynasty provision in BBL

There is an attempt to include in the proposed Bangsamoro Basic Law (BBL) a provision on anti-dynasty to limit the monopoly of big, rich, and powerful families to control the running of government. In fact, a provision on it has already been in the Senate version (Senate Bill No. 1717). In Article VII, Section 15, it states that no party representative should be related within the second (2nd) civil degree of consanguinity or affinity to any a District Representative or another Party Representative in the same Parliament.
This is not a bad idea. The MILF fully understands the wisdom of such prohibition, and it is not and will not be averse to it.

However, the better order should be prohibiting District Representative within the second civil degree of consanguinity or affinity to any Party Representative or another District Representative in the same Parliament.

The reason for this is outstanding. In the BBL or in parliamentary system of government, political parties, which are deemed principled, play crucial roles in setting up good and accountable governance. Political parties are supposed to have clear platforms and programs to prevent such traditional practices of switching affiliations. It is the party principles or platforms that determine loyalties and memberships.

This is not first time that anti-dynasty prohibition is set by law. Under Section 10 of RA 10742, candidates in the SK elections “must not be related within the second degree of consanguinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal or barangay official in the locality where he or she seeks to be elected.”

Second-degree relatives include grandparents, grandchildren, brothers, sisters, parents-in-law, daughters-in-law and sons-in-law. Moreover, it is one who shares 25% of a person's genes. It includes uncles, aunts, nephews, nieces, grandparents, grandchildren, half-siblings, and double cousins

However, what is not reasonable is to include in this prohibition those running for mayors, vice mayors, councillors, provincial governors, vice governors, and board members. This is too much to load in the BBL. It can be a monkey wrench to frustrate the ratification of the BBL during the plebiscite.

The idea may be based on the best intentions. But there are times that good intentions create havoc, intrigue, and misunderstanding. Congress should pass first an enabling law to make true the provision of the 1987 Constitution of the Philippines which states in Article II Section 26 that the State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.

But for reasons already known to everyone, Congress has not yet done so, except in the level of barangays (village) where a law has been passed prohibiting second degree relations to run in Under Republic Act 10742 or the SK Reform Act. Candidates must not be related within the second civil degree of consanguinity or affinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal or barangay official in the locality where he or she seeks to be elected.

http://www.luwaran.com/news/article/1252/anti-dynasty-provision-in-bbl

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