Supreme Court presses Congress to enact anti-dynasty law

The logo of the Supreme Court at the Supreme Court Building in Manila.

Philstar.com / Ian Laqui

MANILA, Philippines — The Supreme Court has urged Congress on Wednesday, September 16, to pass a law that defines and determines the scope of the prohibition against political dynasties “at the earliest opportunity.”

Supreme Court spokesperson Camille Ting announced that the high court has granted the consolidated petitions for certiorari and mandamus that challenged Congress’ failure to pass an anti-political dynasty law for almost four decades.

“By a majority vote, the Court likewise granted mandamus holding that Congress's failure to enact an anti-political dynasty law amounts to a refusal to perform a mandatory constitutional duty,” Ting said.

Associate Justice Ramon Paul L. Hernando cited Article 2, Section 26 of the Constitution in the ruling, stressing that the government has a “constitutional duty” to prohibit political dynasties.

Ting said the Supreme Court did not set a deadline for when the law must be enacted, as it also recognized that it cannot force Congress, as a co-equal branch of government, to perform a discretionary act.

A case may be filed before the high court in case Congress still fails to comply with the order, according to Ting.

“Well, we trust that the Congress will comply with the directive of the Supreme Court. But in case that does not happen, we will have to wait for the court's action and a case that may be filed before it,” Ting said.

Define dynasty

The Supreme Court stressed that the cited constitutional provision has made it clear that it is Congress’ mandate to ban political dynasties “as may be defined by law”.

“The phrase ‘as may be defined by law’ does not give Congress a choice whether to prohibit political dynasties. Rather, it gives Congress the authority to define what constitutes a political dynasty and determine the scope of the prohibition,” the Supreme Court said.

Ting said the court also determined that it reflected the framers' intentions of the 1987 Constitution.

“Records of the Constitutional Commission showed that the framers agreed to leave the definition of political dynasties to Congress after they could not agree on the specific family relationships and public positions that should be covered,” Ting said.

Grave abuse of discretion

While the Supreme Court also recognized the anti-political dynasty bills that had been filed in Congress, it also stressed that its prolonged failure to enact an appropriate one constituted a “grave use of discretion” and a violation of its mandate.

“The court found that 39 years is beyond a reasonable period to carry out the constitutional command. Congress has continued inaction, therefore, constitutes a continuing violation of its constitutional duty,” Ting said.

It also pointed out that political dynasties remain widespread and even extended into the party-list system.

“Despite changes in the composition of Congress over the years, no comprehensive anti-political dynasty law has been enacted, implying either a lack of interest, avoidance for convenience, or service of self-interest,” Ting added.

As of February 2026, 24 anti-political dynasty bills had been filed in Congress.

The Supreme Court stressed that while the Constitution did not set any deadline for Congress to define an anti-dynasty law, it does not allow the indefinite postponement of its enactment.

"The Congress of the Philippines must henceforth and with utmost urgency enact the appropriate anti-political dynasty law at the earliest opportunity," the decision read, as quoted by Ting in a press briefing. — based on reports from Ian Laqui.