Key figure behind 1987 Constitution supports Hontiveros and Padilla’s anti-dynasty bills

Christian Monsod, one of the framers of the 1987 Constitution, expressed support for Senate proposals seeking a broad ban on political dynasties, telling lawmakers that Congress should adopt a prohibition covering relatives of elected officials up to the fourth degree of consanguinity or affinity.

Monsod made the statement during the resumption of the Senate hearing on anti-political dynasty bills, in response to a question from Senator Risa Hontiveros on which of the pending measures best reflects the intent of the Constitution. “I believe that if you look at the intent [of the Constitution] and if also you take what has happened in the past up to now, the political dynasties are so deeply entrenched in our country that we should go for four degrees,” Monsod said.

He urged lawmakers to pursue a decisive measure rather than a limited reform. “From my point of view, every time that’s put to me, my answer is we have already suffered enough from the dynastic tranche, so if we’re going to pass a bill, let us pass a bill that totally dismantles this feudalistic system,” he said.

Monsod’s views are closely watched in the debate because he was part of the Constitutional Commission that drafted the 1987 Charter, including the provision that prohibits political dynasties but leaves its enforcement to an enabling law from Congress.

Under the long-standing legal principle of ratio legis est anima, courts interpret ambiguous laws according to the intent of their framers, often by examining the debates, records, and proceedings of the 1986 Constitutional Commission. The Supreme Court of the Philippines has repeatedly relied on this approach in constitutional interpretation.

Bills filed by Hontiveros and Senator Robin Padilla seek to ban political dynasties up to the fourth degree, while other Senate measures propose narrower restrictions covering relatives only up to the second or third degree.

Addressing concerns raised during the hearing that an anti-dynasty law could violate fundamental rights, Monsod said such fears were unfounded. “I don’t think it would go against the fundamental rights of Filipinos. This is just an exception because there is also the need to equalize the opportunity for public service,” he said.

Political dynasties are prohibited in principle under the Constitution, but more than three decades after its ratification, Congress has yet to pass an implementing law, as repeated efforts have stalled in a legislature dominated by members of political families.