Supreme Court to Congress: Pass the anti-dynasty law you’ve ignored for 39 years

Nearly four decades of legislative silence on political dynasties amounts to a grave abuse of discretion, the Supreme Court has ruled, ordering lawmakers to finally write and pass the ban the Constitution has demanded since 1987.

The En Banc reached the conclusion unanimously when it met on August 26, 2026, according to a press briefer released by the tribunal’s Office of the Spokesperson on September 16. At the center of the ruling is Article II, Section 26 of the 1987 Constitution, which commits the State to guaranteeing equal access to public service and prohibiting political dynasties as defined by law. The justices found that Congress carries a mandatory constitutional duty to give that clause life through legislation — and that its refusal to act for 39 years cannot be excused.

Associate Justice Ramon Paul L. Hernando wrote the decision. It resolved three petitions the Court had folded into a single case: one brought by the Kapatiran Party under G.R. No. 263934, a second filed by Wilfredo M. Trinidad and co-petitioners under G.R. No. 272370, and a third lodged by the 1Sambayan Coalition under G.R. No. 279201. Each had gone to the high court seeking writs of certiorari and mandamus over the legislature’s long inaction, and the Court granted all three.

In the language of its ruling, the tribunal declared Congress bound by a mandatory constitutional duty to enact the prohibition spelled out in Section 26. It went further, directing the chamber to move on the measure at the earliest opportunity, to settle a working definition of what constitutes a political dynasty, and to fix the reach of the ban — the very questions lawmakers have left unanswered for a generation.

The decision marks a sharp departure from where the Court had stood for years. In earlier rounds — the petition led by former Vice President Teofisto Guingona Jr. in 2012, and one filed by Ricardo Penson the following year — the justices held that the separation of powers and the political question doctrine kept them from ordering Congress to legislate, and that the anti-dynasty clause was not self-executing without an enabling statute. That reasoning had shielded lawmakers from judicial pressure until now.

Not every challenge before the Court survived. The justices turned away the separate petition docketed as G.R. No. 277747, brought by Bishop Gerardo A. Alminaza and others against the Commission on Elections, denying it for lack of merit.

The urgency in the ruling reflects how entrenched the problem has become. Writing in an earlier related case, Associate Justice Antonio Kho Jr. described the situation as an affront to the Constitution, pointing to Philippine Center for Investigative Journalism findings that political families held 212 of 254 district seats in the House and led 113 of the country’s 149 cities. Legislators themselves are the obstacle the ruling now confronts: past attempts to define dynasties have repeatedly stalled because so many of those voting belong to the clans a law would restrict.

Whether Congress heeds the order remains an open question, and one lawmakers have already signaled resistance to. Senate President Francis Escudero, responding to the petitions before the ruling came down, maintained that the legislative process is a political question and that no mandamus from the Court could force the chamber to pass a bill.