(Atty. Jay is a Manila-based practicing lawyer - graduate of the Ateneo)

Former Senator Francisco Tatad and a couple of shadowy groups (Aladyn and Sambapol) are selectively campaigning against candidates whom they accuse of fostering political dynasties.

They selectively name two candidates of the opposition only, namely Rep. Allan Cayetano and Atty. Koko Pimentel, leaving out administration Mike Defensor (whose aunt is Miriam Defensor Santiago). (Editor note: Tatad eventually included Mike Defensor, Noynoy and Tess Aquino-Oreta, Tito Sotto and Kiko Pangilinan in his Manila Times article).

Tatad and these dubious entities are simply citing Section 26, Article II of the constitution which seeks to "prohibit political dynasties as may be defined by law."

The constitutional principle which seeks to prohibit political dynasties is not the only interest that must be protected.

While the constitution adopts a policy that would prohibit political dynasties in order to guarantee equal opportunities for public service, there are paramount interests that must never be curtailed in pursuit of these interests.

Tatad conveniently skips the very first and more paramount principle in Section I Article II which provides that "the Philippines is a republican and democratic state. Sovereignty resides in the people and all government authority emanates from them."

That the Philippines as a "republican state," is anchored on the principle that supreme power rests in the body of the people.

That the constitution explicitly places the word "democratic" in our constitution stresses the need to institutionalize and to capture the spirit of "people power."

As one jurist said, an outstanding feature of the 1987 Constitution is the expansion of the democratic space giving the people greater power to exercise their sovereignty, through direct participation in the elections.

When the Filipino people ratified the constitution in 1987, they adopted a principle to prohibit political dynasties.

But at the same time, the Filipino people themselves, in the exercise of their sovereign capacities, and as part of the democratic scheme, through the exercise of their right of suffrage, have decided what should be, and what should not be a political dynasty.

No agent, or delegate, should have the unwarranted arrogance to pronounce a dynasty when the sovereign has declared otherwise. To borrow a basic principal in law, the spring cannot rise above its source.

When they do, it is the height of misplaced arrogance, the arrogance of claiming that he or she has better judgment than the rest of the Filipino people.

Filipino's definition: political dynasty

The Filipino people have decided what should be or should not be a political dynasty, through their exercise of the right of suffrage, which is a component of direct participatory democracy, a principle adopted in Section I Article II of the Constitution.

As far as the senate is concerned, the sovereign Filipino people have elected the following, aware of, and in the midst of the constitutional principle seeking to prohibit political dynasties:

A. Mother and son, as both are incumbents (Senator Loi Estrada and Jinggoy Estrada)
B. Father-in-law and son-in-law as incumbents (Senators Ramon Revilla and Sonny Jaworski)

C. First cousins as incumbents (Senators John Osmeña and Sergio Osmeña)
D. Father and son, successively (Senators Ramon Revilla and Bong Revilla)
E. Father and daughter successively (Senators Renato Cayetano and Pia Cayetano)

Amidst the principle seeking to prohibit dynasties, the Filipino people, the ultimate repository of sovereign power in a republican and democratic state, have decided on who or what should not be deemed a political dynasty.

No individual mortal must define, for his or her own preference of convenience, what a political dynasty is. He is merely particle of the democratic space who must respect the voice of the sovereign. No one can go against the will and mandate of the sovereign.

Quite interestingly, Senator Tatad never raised any howl of protest over the elections of Senator Loi Estrada and Jinggoy Estrada.

In the case of Koko Pimentel and Allan Cayetano, their participation in the Senatorial race does not contravene the constitutional principle against political dynasty.

The sovereign people have already decided that for a parent and child to be both incumbents in the Senate, does not constitute a political dynasty. Experience tells it. History validates it.

When the people elected Senator Loi Estrada and Jinggoy Estrada, it was the people themselves who declared this is allowed, and this does not constitute a political dynasty. Experience tells it. History validates it.

When the people elected Senator Loi Estrada and Jinggoy Estrada, it was the people themselves who declared this is allowed, and this does not constitute a political dynasty.

There is no substantial difference between the Loi-Jinggoy experience and the Nene-Koko experiment. To say that there is, will create an invalid classification, which violates of the equal protection clause.

No one should say it is immoral. The sovereign Filipino people don't consider it immoral.
They declared it when they exercised their power of direct participatory democracy - in the elections.

"A LITTLE MORE FAITH
(IN THE PEOPLE)"

Christian Monsod, a member of the constitutional commission and former Comelec Commissioner put it correctly when he said that "we are underestimating our people in their right to choose; we are trying to put a prescreening mechanism so that public office is not after all accessible to all because we are going to prohibit or exclude certain people from running for public office.

ADDING DISQUALIFICATION IS UNCONSTITUTIONAL, ILLEGAL

Commissioner Monsod further said that to prevent people from running will add to the list of disqualifications which would be violative of our the constitution:

DO WE HAVE THE RIGHT TO CURTAIL?

We may also want to heed to what the late Senator Blas Ople, described as "an inner demand for logic and rationality so that this provision can be actually attached to some principles of equity without doing violence to the freedom of choice of the voters because they are entitled to as broad a freedom of choice as the environment can provide."

The attitude towards political dynasties therefore should reflect the explanatory note of Senator Arturo Tolentino who said that "Since the idea of excluding political dynasties may be contrary to the democratic principle that the people should be free to select their officials, it should be limited and sparingly applied."

The people, the sovereign, decided on what constitutes a political dynasty. Lawmakers, as agents of the sovereign, must enact a law prohibiting political dynasties that is consistent with, and within the parameters that have been laid down by the sovereign in their exercise of the direct participatory democracy.

Senator Tatad and these phantom entities who are over-simplifying the issue of political dynasties are trying to conceal the paramount interests that our constitution protects, which is to let the people, as the electorate, to fully exercise their sovereign democratic authority to choose their leaders.

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