Dynasties issue and the voters

RICARDO PENSON of Krusada Kontra Dynasty (KKD) has a lot more to worry about than fat fees required upon filing disqualification complaints against political dynasties.

Lack of legal basis is the more formidable obstacle. Comelec will just throw out the complaints as quickly as Penson files them.

There's no law that disqualifies persons who belong to dynasties from running for public office. The 1987 Constitution indeed prohibits dynasties but it's not a self-executing provision. The qualifier "as may be provided by law" leaves the job to Congress.

It's maddening that the enabling law has been held hostage for 26 years by a Congress controlled by dynasties. It's shameful but it's what it is.

An aspirant cannot be legally shut out from the election by a general provision that doesn't even define dynasties.

Pressure

Is Congress superior to the Constitution? Understandable fretting over the precept but inaccurate. It's the Constitution itself that gives the right to Congress to enact the law, setting no limit or deadline.

Rewriting the fundamental law is a long shot, be it by Congress or through people's initiative. And the Supreme Court, citing separation of powers, rightly or not, won't meddle.

KKD's Penson whose petition was refused by the high tribunal in a lawsuit should know better: legal remedies are futile. Comelec has already cited lack of a law as reason not to act.

Election backlash offers hope but not much, not when many people are seduced by the theory that voters should decide for themselves.

(paseares@sunstar.com.ph)