SC says PH law validates ban on political dynasties up to 4th degree

The ban on political dynasties can extend to the fourth civil degree of relatives by blood or marriage, according to the Supreme Court.

"There is basis to extend the prohibition on political dynasties to relatives up to the fourth civil degree of consanguinity and/or affinity," wrote Associate Justice Ramon Paul Hernando in the Court's decision on political dynasties promulgated on Aug. 26 and released last week. 

"Several Philippine laws that impose limitations recognize that familial ties and their influence extend up to at least the fourth civil degree," Hernando continued. 

Quoting Article VII, Section 13(2) of the Constitution, Hernando wrote the law disallows the president's spouse and relatives by blood or marriage "within the fourth civil degree to be appointed as members of the Constitutional Commissions, the Office of the Ombudsman, or as secretaries, undersecretaries, chairpersons or heads of bureaus or offices, including government-owned or controlled corporations." 

He said that to limit the coverage of the anti-dynasty law to below the fourth civil degree could be "counterintuitive, considering that Filipino culture has always been characterized by extended family relationships."

Further defining what the law means by relative, Hernando said there are "no substantial distinctions" in the Family Code and Revised Penal Code. Given this, he said that the prohibition can then include "half-blood, adoptive, step, and common-law relationships, as well as both legitimate and illegitimate filiations."

Additionally, Hernando said relatives may not run for an elective government position simultaneously; neither can they run for the same position successively, whether they win it by election, via substitution, or are appointed to office. 

"Relatives who succeed one another unfairly benefit from the incumbent's advantage and likewise perpetuate the cyclical existence of dynasties," Hernando wrote. 

He also said the prohibition "can extend to all covered persons residing within the same administrative region," such as the Bangsamoro Autonomous Region in Muslim Mindanao. 

'Obese dynasties'

Hernando emphasized that the prohibition should not be limited to local positions. Citing research done by the Philippine Center for Investigative Journalism, he wrote, "Seeking higher positions and swapping roles are what allow political dynasties to stay in power and expand their political influence."

According to the PCIJ study mentioned by Hernando, "obese dynasties," or instances where more than four family members hold positions of power, are present in the House and Senate. This type of dynasty also has family members occupying positions of power simultaneously in both the national and local government units. 

Hernando cited another PCIJ research paper, which reported that in the 19th Congress, 36 out of the 54, or 66%, of the party-list groups had at least one nominee from a political family. 

In the 2025 elections, at least 78 of the 156 party-list organizations certified by COMELEC were connected to political families, with relatives nominated for more than one party-list. 

In the present 20th Congress, 32 out of 61 party-list representatives come from active political families. 

"These realities illustrate possible overlaps that can likewise create a concentration of power and influence over Congress," Hernando wrote. 

Anti-political dynasty bills in the pipeline

Several anti-dynasty bills have been filed and are awaiting further action. 

In December 2025, House Speaker Bojie Dy and Majority Leader Sandro Marcos, both members of active political families, jointly filed House Bill No. 6671. It seeks to prohibit the holding of office by an elected official's spouse, children, parents, siblings, or any relative within the fourth civil degree of consanguinity or affinity. 

The measure also seeks to bar relatives of incumbent House members from holding the same position in the same legislative district simultaneously.

House approved the bill on final reading on June 3.

In January, Sen. Risa Hontiveros filed the Revised Party-list System Act or Senate Bill No. 1656, which seeks to prohibit political dynasties and contractors from participating in the party-list system. It also bans party-list nominees and representatives who are connected to government contracts.

"Kung gusto nilang rumaket, huwag nilang gamitin ang party-list system," Hontiveros wrote on Facebook as she introduced the bill.