The bills aim to revise provisions of Bangsamoro Autonomy Act No. 35, or the Bangsamoro Electoral Code, and Bangsamoro Autonomy Act No. 49, or the Bangsamoro Local Governance Code, which currently impose limits on relatives of incumbent officials from running for elective positions or being nominated by political parties in the region.
Local Governance Code amendment
One of the measures seeks to amend Section 45, Title II, Chapter V of the Bangsamoro Local Governance Code, particularly the provisions on disqualifications for elective local positions.
The bill proposes the deletion of Section 45(g), which disqualifies individuals from running for local elective positions if they are related within the second civil degree of consanguinity or affinity to incumbent local officials in the same area.
It also seeks to remove the final paragraph of Section 45, which imposes additional disqualification rules for Sangguniang Kabataan (SK) candidates, including restrictions involving relatives of national, regional, provincial, city, municipal, and barangay officials.
Under the existing law, individuals related within the second civil degree-whether full or half-blood, legitimate or illegitimate, including spouses -are barred from running for local positions in the same province, city, municipality, or barangay, with procedures in place to resolve cases involving related candidates.
The law likewise requires candidates to declare in their certificate of candidacy that they are not related within the prohibited degree to any incumbent local official running in the same locality.
If approved, the bill would remove these family-based disqualifications from the Local Governance Code.
The bill is authored by Members of Parliament Amer Zaakaria A. Rakim, Amenodin U. Sumagayan, Alirakim T. Munder, Rashdi T. Adiong, Jose I. Lorena, and Naguib G. Sinarimbo.
Electoral Code amendment
Another measure seeks to amend Article III, Section 9 of the Bangsamoro Electoral Code by deleting Section 9(d).
The provision currently prohibits political parties from nominating candidates who are related within the second civil degree of consanguinity or affinity.
It also bars nominees from being related to one another within the same degree and states that violation of the rule shall result in the disqualification of one nominee, to be determined by the political party concerned.
In the explanatory note, the authors said the deletion of the provision “does not signify abandonment of the fight against political dynasties but reflects a commitment to constitutional fidelity, legal certainty, and respect for the legislative prerogatives of Congress.”
The measure is authored by MPs Amer Zaakaria A. Rakim, Amenodin U. Sumagayan, Alirakim T. Munder, Rashdi T. Adiong, Jose I. Lorena, and Naguib G. Sinarimbo.
The authors said the provisions were among BARMM’s early regional efforts to address political dynasties but argued that they raise constitutional concerns.
They cited the 1987 Philippine Constitution, which states that political dynasties shall be prohibited “as may be defined by law,” noting that Congress has the exclusive authority to enact a national law defining and regulating political dynasties, which has yet to be passed.
They also raised equal protection concerns, arguing that the restrictions apply only within BARMM and may limit the political rights of qualified candidates and voters.
They further stressed that regional laws cannot override national laws or constitutional provisions governing qualifications for public office.
Both bills emphasized that removing the provisions does not abandon efforts against political dynasties but instead defers the matter to Congress, which has yet to pass a national anti-dynasty law mandated under the Constitution.
The measures also called on Congress to enact a comprehensive anti-dynasty law that would apply uniformly across the country, including BARMM. (LTAIS-Public Information, Publication, and Media Relations Division)
