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Proem
A
paradox is defined as a statement that is seemingly contradictory
but yet taken as true.
For
this coming May political exercise there are or will be many
candidates who will come from the same family. We know that
that 1987 Constitution has a provision regarding the prohibition
of political dynasties. Why has this situation come about?
Constitutional Provision
In
our present Constitution, in its Declaration of Principles
found in Article II, Section 26, it says "The State shall
guarantee equal access to opportunities for public service,
and prohibit political dynasties as may be defined by law."
The
Paradox
The
constitutional provision says, "
shall guarantee
equal access to opportunities for public service
."
This would mean that anybody who is a qualified voter can
run for any elective position. This is in accordance to the
accepted democratic principle that everyone has the right
to vote and be voted upon.
In
the same constitutional provision it continues, "..prohibit
political dynasties
." We also know that members
of dynasties are people. They are part of the same people
who are guaranteed equal opportunities for public service.
The
paradox is this; if you emphasize "guarantee equal access"
then "prohibit political dynasties" is a contradiction.
If you emphasize "prohibit political dynasties,"
the "guarantee equal access" is a contradiction.
You
can understand why Congress, after the lapse of 20 years could
not define "political dynasties" that would not
contradict accepted democratic principles.
The
Dilemma
In
countries ruled by monarchies the principle of dynasties are
accepted as desirable. The framers of the 1987 Constitution
were of the opinion that dynasties applied to a democratic
country are not good. The problem was they could not define
what political dynasty is. They left it for Congress to do
the definition. However, Congress also could not make the
definition.
In
former times, our solution was anchored on delicadeza or a
sense of propriety of an individual. It is similar to the
Bisayan's concept of ulaw which is roughly equivalent to shame.
In
former times, ulaw would prevent the situation in which the
husband is the Mayor, the wife is the Vice Mayor, and the
son or daughter is a councilor. The concept of delicadeza
or ulaw is based on morals and not on laws.
Morals
are the rules by which a society exhorts while laws are the
rules by which it seeks to compel its members. Political dynasties
are morally wrong according to the opinion of the framers
of the Constitution. However, since no law is enacted prohibiting
it, then it can still be practiced.
The
problem is - the youth today no longer know the concept of
delicadeza or ulaw.
The
values education they learn from school are all westernized
concepts. No textbook in values education deals with delicadeza
or ulaw. The westernized concept of values are based on "fairness."
It is different from the eastern concept of "shame"
or loss of face. The Japanese will already commit suicide
because of "loss of face." In our culture the "bagâ
og nawong = thick face" is a contemptible person.
In
the mindset of a politician, political survival is the "thing."
So if it is legal, even if unethical or immoral, the politician
must do it or else they will perish. So nowadays we see candidates
of supposedly "political dynasties" but could not
be defined properly because the constitutional provision itself
is a paradox.
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