THIS is exactly what Art. II, Section 26 of the 1987 Constitution provides:
THIS is exactly what Art. II, Section 26 of the 1987 Constitution provides:Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.
The State is obligated, by constitutional mandate, to prohibit political dynasties. And by all canons of constitutional construction, 'dynasty' has the meaning it had when the 1987 Constitution was framed.The text and the intent of the fundamental law are clear.It is not correct to assert that all sections of Article II are non-executory. The incorporation clause in Section 2 by which the generally accepted principles of international law are part of the law of the land has exactly that effect — make customary international law part of the law of the land by constitutional fiat. It has never been read as a law that leaves it to the legislature to enact domestic enforcement of the general principles of international law. Oposa vs Factora read Section 16 as self-executing as well. Chavez vs PCGG and associated cases read Section 28 as executory.There is no discretion left to the legislature in regard to dynasties other than the discretion to 'define' the reach of the prohibition against dynasties. But on the issue of whether dynasties are prohibited or allowed, the fundamental law is clear: The State... shall prohibit' — and 'shall' mandates.To read the prohibition against dynasties as dependent on Congress is to allow the legislature to trump the Constitution. In other words, by the sheer expediency of not passing a law defining dynasties, Congress effectively makes inexistent the prohibition against dynasties. This cannot be reasonable.I maintain the position that Congress can be commanded by mandamus to pass a law defining dynasties. What cannot be commanded by mandamus because it is a matter entrusted to the discretion of the legislature is defining dynasties — determining the extent of the prohibition! The prohibition of dynasties is a constitutional decree. The definition of dynasties is left to legislative discernment — a flaw, I submit, in the 1987 Constitution that is certainly not irreparable.rannie_aquino@sanbeda.edu.phrannie_aquino@csu.edu.phrannie_aquino@outlook.com
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