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CHAPTER 5

SUMMARY, CONCLUSIONS and RECOMMENDATION


Summary of the Study
This study was primarily conducted to review House Bill No. 3587
Otherwise Known as AN ACT PROHIBITING THE ESTABLISHMENT OF
POLITICAL DYNASTIES. This study also included the determination of vague
and abiguous provisions of House Bill No. 3587, advantages, disadvantages and
its implications to political system of the Philippines.
Qualitative research method was used in this study. Hence, the researcher
focused on the interpretation rather than quantification. Qualitative research is
aimed at gaining a deep understanding of a specific organization or event, rather
than surface description of a large sample of a population. Qualitative research,
in contrast to quantitative research, generally does not translate aspects of the
world into numbers to be analyzed mathematically. Instead, it analyzes the world
through the lenses the researcher brings to bear on the data.
The type of qualitative research used is Grounded Theory. It is a research
approach in which the theory is developed from the data, rather than the other
way around. Data collection and analysis are consciously combined, and initial
data analysis is used to shape continuing data collection.
Qualitative Research Design is applicable in this study because the
researcher will not treat the data that will be gathered statistically and reasoning
will given by analyzing materials gathered. Also, Grounded Theory type of

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qualitatative research is, likewise, applicable because the researcher will


determine theoritical implications of the data analyzed and researched.
The population of the study was composed of materials which were books,
journals, news, house bill, laws and previous researches and said materials
were analyzed and researched. The primary data is House Bill. No. 3587 and
others are secondary. For this research, two types of data were gathered. These
included previous thesis conducted an secondary data on the other hand, were
obtained in the form of internet research, journals, newspapers, law books and
literatures to support the study.

The data were analyzed as follows:


House Bill No. 3587. The provisions of said bill were critically reviewed to
determine its vague and ambiguous provisions, strength, weaknesses and the
said bill was taken as a whole to determine its implitcations to the political system
in the Philippines. Political dynasty was determined based on the definition
provided by the said bill under Section 2 and the extent of limitation was
analyzed based on the word written on the bill under Section 5.
Books, journals and previous research studies. These data gathered were
analyzed to determine the advantages and disadvantages of political dynasty in
the Philippines, to know the dynasties existing and to determine the implications
of the provisions of House Bill No. 3587, according to its provions, to the political
system in the Philippines. Further, these data were use to analyze the
effectiveness of House Bill No. 3587 regarding its provisions on prohibition.

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House Bill No. 3587 is pending now in Congress to prohibit the


establishment of political dynasties and to define political dynasty. Political
dynasty has been practiced in the Philippines even before the 1987 Constitution
of the Philippines took effect. Article 2, Section 26 of the 1987 Philippine
Constitutions states that: The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined
by law." However, the Supreme Court of the Philippines ruled that the said
provision is not self-executory and there is a need of enacting a law to define
political dynasty to prohibit its continued practice by political families.

Under Section 3, Paragraph (a) of House Bill No. 3587, political dynasty
refers to the concentration, consolidation and perpetuation of public office and
political power by a person related to another. A political dynasty exists when two
or more individuals who are whithin the second degree of consanguinity or
affinity hold or run for national or local office in successive, simultaneous or
overlapping terms.
Section 5 of House Bill No. 3587 provides for persons covered and
prohibited candidates which states that No spouse, or person related within the
second degree of consanguinity or affinity, whether legitimate or illegitimate, full
or half blood, to an incumbent elective official seeking re-election shall be
allowed to hold or run for any local or national elective office in the same election.
In case where one of the candidates is related to an incumbent elective
official within the second degree of consanguinity or affinity, but a candidate is

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related to another candidate within the said prohibited civil degree of relationship,
only one of them shall be allowed to hold or run for office: Provided that, the
matter of who will hold or run for office shall be settled by the Commission
through a raffle or drawing of lots among the concerned candidates, unless the
rest of the concerned candidates voluntarily withdraw their candidates, in which
case, the one remaining candidate will be allowed to run for office.
In all cases, no person within the said prohibited civil degree of
relationship to the incumbent shall immediately succeed to the position of the
latter: Provided however, that this section shall not apply to punong barangays or
members of the sangguniang barangay. Section 3 of the said provides for the
definition of political dynasty and Section 5 provides for the coverage of
prohibition.
Section 5 of said bill limits the prohibition within second civil degree of
consanguinity or affinity in national of local elections. However, the prohibition
does not apply to barangay officials. House Bill No. 3587 has vague and
ambiguous provisions which are:
Section 3, Paragraph (b) of House Bill No. 3587. This provision defines a
spouse who refers to the legal or common law wife or husband of the incumbent
elective official. This provision is vague and ambiguous because it includes
common law wife although there is no benifit of a legal marriage. A common law
wife should be considered as a stranger for there is no affinity without valid
marraige.

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Section 5 of House Bill No. 3587. This provision limits the the prohibition
within second civil degree of consanguinity or affinity which is not effective in
completely effective in eliminating political dynasty for a cousin of an incumbent
official could still run for office despite the possibility of the same last name and
close relationship to each other. This provision could still create a concentration
and monopoly of power in the hands of few families within outside the second
civil degree of consanguinity or affinity.
Political dynasty is one of the reasons of poverty and corruption because
political families uses the power of their offices to establish monopoly and the
worst scenario is that the wealth or funds of the government are not being used
for public welfare but to their own interest. It has been often contended that
political dynasties go against the values upheld by democracy since it does not
provide an equal opportunity for people to hold offices of power and service. With
the set-up of the political dynasty, it seems as if positions of power are
exclusively dominated by a particular clan or family. Arguably, the political
dynasty is said to monopolize the system of governance since it limits the
chances of other common Filipinos to serve the people. It creates a brain drain in
the sense that the new and capable leader who could possibly perform better
than those currently in office, would not be given an opportunity when running
against someone with a name.
While a famous name may get peoples attention, open eyes, doors and
wallets, it isnt a guarantee of success. Ultimately, every election is about trust.
And you have to earn it. Voters want you to stand on your own two feet and make

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your case to earn their trust and their vote. The 2016 election is no different in
this respect.
But it is in others. Voters may have the chance to choose between two
dynasties. If two persons, one from political family and the other a new face but
competent, run for elective office, voters will have a choice of individuals who
know well what it is like to be president without ever holding the job.
That alone could be an advantage in this election. With the trust of
institutions at an all-time low in public opinion, voting for someone who knows the
job well may be an advantage on elections. Voters wont focus on the dynastic
aspect of their candidacies, but rather on the direction they want for the country
and whom they trust to get the job done. Just like any other election.
House Bill No. 3587 if enacted into law would at least will stop the
continued flourishing of political dynasties which is a reflection of the socioeconomic inequalities in the country. The prohibition provided under Section 5 of
the said bill would eliminate political dynasties in national and local elections with
the exception of barangay officials within second civil degree of consanguinity or
affinity including spouse whether legal or common law wife or husband. The said
provision of House Bill No. 3587 clearly limits the prohibition within second civil
degree only and it is still possible that there will still be concentration of power for
relatives within fourth civil degree of consanguinity or affinity for such relationship
is still close enough for monopoly of power espicially if the two have common
family name. Also, monopoly of power by political families would still exist in

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barangay level for Section 5 of House Bill No. 3587 does not apply to barangay
officials.
Political dynasties are inherently wrong because they give a head start in
politics of the same family. With this simple launch, opportunities for other
candidates are softly burned down. Relatively, economically disadvantaged
contenders are deprived of their freedom of holding public office. Once they try to
peep in to the big world, they are kicked out in an instance by the prevailing
political kingdoms. With the rise of different socio economic forces pulling
Filipinos side byside, even the essence of choosing rightful political
representatives are unconsidered.At present times, the basis for qualifications of
candidates does not depend on hiscompetence; it all depends on his seated
master. Indeed, democratic rules no longer apply in the selection of candidates
for public office.
The prohibition of political dynasty would give more chances to those
young and competent candidates for the basis would be qualifications not the
established name of the candidate and it would make the election more of a
competition for excellence and competence rather thatn monopoly.
A democratic state dominated by politcal dynasty has higher tendency of
corruption which results to poverty and poor citizens are easy to control for they
are highly dependent to political families. Anti-Politcal Dynasty law or House Bill.
No. 3587 will increase economic growth because political dynasty is often linked
to poverty due to concentration of power and resources to political families to

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establish or maintain its political dominance in the society through governance


and political families are mostly corrupt for public office is being used to their own
personal interest. Political families concentrates the wealth of the government for
their own interest and they use it to prevent other candidates to unseat them.
Without political dynasty, the wealth of the government would be used for public
welfare rather than corruption by political families to establich monopoly of power
within their territory.
Conclusion
House Bill No. 3587, if enacted into law, would be effective in prohibiting
the establishment of political dynasties in the Philippines. Section 5 of said bill
would eliminate political dynasties within second civil degree of consanguinity or
affinity including spouse. However, Section 2 and Section 5 are vague and
ambiguous provisions for it includes a common law wife in the prohibition. Also,
there are weaknesses in the provision of said bill which is Section 5 for it only
limits the prohibition within second civil degree of consanguinity or affinity and it
does not include political dynasty in the barangay election.
Political dynasty can still exist between cousins or relatives more than
second degree of consanguinity or affinity. In the Philippines, political dynasty
between relatives within fourth civil degree exists. Therefore, I conclude that
Section 5 of House Bill No.3587 would not effectively eliminate the monopoly of
political families of power vested in their offices because the prohibition provided
under the said provision is not broad enough.

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Political dynasty is linked to poverty and corruption because the political


families are using the powers of their offices to establish political dominance and
protect their own interest by using the resources and wealth of the government to
achives their personal goals. The power and wealth which should be used to
create better life for the citizens are being abused by political families. The
passing of House Bill no. 3587 into law will surely prevent the monopoly of power
and other corrupt practices of political families for it will totally prohibit relatives
up to the second degree of consanguinity to hold or run for both national and
local office in "successive, simultaneous, or overlapping terms."
Recommendations
House Bill No. 3587 must be amended before its enactment. The
coverage of prohibition must be within fourth civil degree of affinity or
consanguinity because Section 5 of said bill only prohibits within second civil
degree. If the prohibition is within second civil degree only, there is stil a chance
of concentration and monopoly of power because relationship within fourth civil
degree of consanguinity or affinity is still close enough to establish political
dynasty. Barangay officials must also be prohibited from political dynasties
because barangay is also a political unit which involves governance of public
welfare and barangay also receives funds from the government.

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