MANILA — Jocilyn Flores was ready to file her candidacy for kagawad in Sampaloc, Manila as barangays prepared to vote for local leaders for the first time in five years.

But she did not go through with it when she learned that her grandson is also a candidate for the Sangguniang Kabataan (SK).

"Iyong apo ko na lang pinagbigyan ko. Siyempre bata, mas marami pang magagawa at mararating sa aming barangay... Kapag pareho na kaming tatakbo, magiging parang dynasty na ang lalabas, magkakamag-anak na. Hindi po magandang tingnan," she told ABS-CBN News.

(I gave way to my grandson, he is young and he can do more and achieve more for our barangay. If we both run, it will be like a political dynasty. It won't look good.)

When asked why she is not keen on relatives being in politics at the same time, Flores explained: "Parang, pag may ginawang hindi maganda ito, kakuntsaba."

(If one does something wrong, it will seem like they were in conspiracy.)

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Who are covered by the ban?

The sentiments of Flores and other aspirants are rooted in the SK Reform Act of 2015, which has a provision banning aspirants with relatives up to the second degree consanguinity or affinity who are incumbent and elected officials from running.

Consanguinity refers to a relationship by blood.

"Ito po iyong nanay, tatay, anak, kapatid, lolo, lola, hanggang apo. Kasi po kada extension ng relations, one degree po iyan," Commission on Elections (Comelec) spokesperson Rex Laudiangco said.

(These are mothers, fathers, children, siblings, grandfathers and grandfathers, up to grandchildren. Every extension of relations is one degree.)

Affinity meanwhile refers to relations through marriage.

"Ito iyong sa pag asawa, relations... Iyong asawa kasi equal degree iyan. So hindi siya binibilang as one degree — kapantay ko iyan — but still prohibited siya. So si asawa ko, prohibited. Sino pa ang prohibited? Dudugtong, biyenan ko sa kanya... Iyong aking bayaw at hipag sa kanya," he added.

(A spouse is equal degree, but still prohibited. My wife would be prohibited from running. Who else would be prohibited? My mother-in-law and my brother-in-law and sister-in-law.)

Comelec has to wait for complaints

Violating the prohibition would lead to disqualification and perjury cases, but the Comelec admitted it has no database of family relations of candidates.

That means the commission has to wait for petitions against candidates.

"Iyong mga kalaban nila sa pulitika o isang kamag-anak na hindi naga-agree sa kandidatura ng mismong kandidato. O kaya naman isang well meaning na ka-barangay na magsasabi sa amin,'" said Comelec Chairperson George Garcia.

(Their rivals, or a relative who does not agree that the aspirant should be a candidate, or a well-meaning resident of the same barangay who will tell us about the issue.)

Garcia said the commission is considering adding a question on whether a potential candidate is related to a sitting elected official in the personal data sheets that have to be filed along with the Certificate of Candidacy.

"Baka pwede na naming itanong iyan. Kasi pag nagsabi siya ng 'no' tapos nakita namin na ito pal-a ay related, kakasuhan pa namin ng perjury... Tapos meron pang misrepresentation, which is a ground to disqualify," he said.

(Maybe we can ask that. So, when they say 'no' and we find out they lied, we can file a complaint of perjury against them. And then, there will have been misrepresentation, which is a ground to disqualify.)

Still, for Laudiangco, the law has been "very effective" because it prompts potential candidates to reflect on whether they are qualified to run.

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'Give chance to others'

Sen. JV Ejercito recalls a hearing on the SK Reform Act, a piece of legislation that he helped pass:

"I can remember clearly sa isang hearing tinanong ko kung sino sa mga SK doon ang may kamag-anak sa politika... Siguro 80 percent ang nagtaas. Sabi ko, paano tayo magkakaroon, mare-realize ang anti-political dynasty?" he said.

(I asked the SK officials there who among them had relatives in politics. Around 80 percent raised their hands. I said 'how can we realize the anti-political dynasty provision?'")

The Constitution prohibits political dynasties but Congress has never passed a law to implement that ban.

Ejercito acknowledges that he comes from a political clan, but said that "I always believe in giving chance to others," especially those without the means or machinery to help them get elected.

"This can be a test case on the political dynasty. Subukan natin sa SK Reform (Act)... Mabigyan naman iyong mga kabataan na talagang deserving at hindi dahil sa pangalan o dahil miyembro sila ng dynasty," he said.

(Let us try it with the SK Reform Act to give youth who are deserving a chance, and not just those who have family names or are members of a dynasty.)

First tested during the 2018 barangay and SK elections and due to be tested again this year, has the law been working?

"I would think so. That's why if there's a need to amend later on, tingnan natin. Kasi meron namang areas na hindi na makahanap ng kandidato kasi halos lahat, iyong maliliit na bayan, magkakamag-anak," he said.

(There are areas, like small towns, where candidates are related because there are no other candidates.)

He added that a further reform would be implementing a "two-party system" that would prompt voters to choose candidates based on ideology, beliefs and values.

Loopholes in the law

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For Sen. Imee Marcos, chairperson of the Senate Committee on Electoral Reforms, the law must be amended because some candidates have found loopholes in the political dynasty ban.

She said some candidates who are related to each other run together, which is allowed if neither is an incumbent elected official.

"Isa pa, ang madalas mangyari, kung may barangay kapitan o di kaya kagawad na magpapatakbo ng anak, magre-resign muna siya. Tapos iyong asawa o ibang kamag-anak ang tatakbong kagawad, kasabay na naman ng SK. And on, and on, and on. Masyadong magaling ang Pilipino. Kaya dapat isipin natin kung ano ang hindi malulusutan," she said.

(Or an official will resign so their son or daughter can run. Then their spouse or another relative will run for kagawad alongside the candidate for the SK.)

Marcos, who was in the Kabataang Barangay that preceded the SK, said it is time to rethink whether the country needs SK bodies or just youth representatives in the local government councils.

The lawmaker, who is the sister of President Ferdinand Marcos Jr. and cousin of House Speaker Martin Romualdez, is in favor of implementing a political dynasty ban in other elective positions in the local and national level — but "political dynasty" must be clearly defined.

"Huwag naman masyadong higpitan to the point na class prohibition na. Hindi naman tama din iyon. Kasi sa isang pamilya, bakit mo naman ipagbabawal kung magagaling naman iyong ibang kamag-anak?," Marcos said.

(It shouldn't be so strict that it will be a class prohibition. That would not be right either. Because, in a family, why would you prohibit other relatives from running?

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Reforms, stronger parties

According to political analyst Jan Robert Go, the essence of democracy is open elections that are free to all and that are not dominated by just a few families.

"Kahit sabihin nating para sa kanila mabuti ang political dynasty o may mabuting naidudulot naman iyon. Pero paano kung may mas mabuti pa? Kung may mas maganda pang pamamahala na hindi natin nararanasan kasi sila na lang nandyan," he added.

(Even if we say that the dynasty has been good to them, what if there are others that are better? What if we just don't know because it is always the same people?)

Political analyst Julio Teehankee said 60 to 70 percent of all elected officials in the country come from political clans, adding it will take a long time for reforms to go from the SK to the national level.

"Hindi natin makukumbinsi ang mga nakikinabang na sa istruktura ng kasalukuyang pamumulitika na ibibigay nila iyong kanilang advantage," Teehankee said.

(We will not be able to convince those benefiting from the current political structure to give up their advantage.)

For Teehankee, more than the law, strengthening the political party system is key to freer elections, noting that "clans and not parties have been the building blocks of our political system."

Strengthening political parties would mean potential candidates will have to compete for their party's nomination to run.

"So whether ikaw ay miyembro ng dynasty o hindi, dapat may opportunity na maging kandidato ng political party," he said.

(So whether you are from a dynasty or not, you should have the opportunity to be the candidate for the political party.)

Proposals have been filed in Congress for a law to prohibit political dynasties but these have made little progress.

But for experts, there is no need to wait for a law — because citizens themselves can choose to vote differently.

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