Ako Bicol Party List Representative Alfredo Garbin, Jr. warned that the proposed Anti Political Dynasty Act, while “well intentioned,” cannot be implemented unless the Constitution is amended.
Garbin, vice chair of the House committee on constitutional amendments, said the measure aims to widen political participation and prevent the concentration of power. He described these objectives as “noble and constitutionally inspired.” Article II, Section 26 of the 1987 Constitution directs the State to prohibit political dynasties “as may be defined by law.”
But Garbin said the proposal faces a “fundamental constitutional barrier” that Congress cannot fix through ordinary legislation.
He explained that the qualifications for national elective offices are “clear, categorical and exclusive,” citing provisions in Articles VI and VII of the Constitution. These sections outline the age, residency, citizenship and literacy requirements for the President, Vice President, senators and House members.
“Congress has no authority to add to or subtract from these qualifications,” he said, citing the Supreme Court ruling in Albano v. Commission on Elections (2023), which struck down attempts to impose additional qualifications as an unconstitutional amendment of the Charter.
Garbin said House Bill No. 6771 introduces new disqualifications based on family ties, effectively barring certain individuals from running even if they meet all constitutional requirements. “The bill supplants constitutionally fixed qualifications,” he said.
Garbin clarified he is not opposing reforms, saying he has long supported amendments to national territory provisions and economic restrictions to address “contemporary governance, national security and competitiveness challenges.”
“This only strengthens the case for a comprehensive and principled review of the Constitution,” he said, warning that without Charter change, even widely supported reforms risk being struck down in court.
“If we are truly serious about reforming our political system, we must do it the right way so that change becomes genuine, enforceable and enduring,” Garbin said.
