Quantcast
Latest Stories

Another petitioner loses fight vs political dynasties

By

ANTIDYNASTY MOVEMENT Members of a group against political dynasties stage a rally at the Commission on Elections to call for the disqualification of the children of government officials running for senator in the May elections. The Supreme Court earlier denied a petition to compel the Comelec to ban members of political dynasty from running in the May elections. NIÑO JESUS ORBETA

MANILA, Philippines -The Supreme Court on Tuesday dismissed another petition that sought to ban political dynasties in the Philippines.

In an en banc (full court) session, high court justices said they cannot compel the House of Representatives and Senate to pass a law that would define “political dynasties.”

“[Ricardo]Penson petition for mandamus on political dynasties denied for same reason as the Biraogo petition,” the high court’s Public Information Office said in a text message.

The high court last month threw out Louis “Barok” Biraogo’s petition asking that it compel the Commission on Election to enforce the prohibition against political dynasties.

The high court said, since there is no enabling law, Comelec cannot be compelled to enforce the prohibition.

Senatorial candidate Ricardo Penson, on the other hand, wants the high court to compel both the Senate and the House of Representatives to enact a law that would prohibit political dynasties.

In a 20-page petition, Penson said while the 1987 Constitution, particularly Section 26 prohibits political dynasties, such provision is not self-executing thus there need to be a law enacted to define “political dynasties.”

However, Penson said it has been over 20 years since the Constitution took effect, but the chambers of Congress have yet to enact a law against political dynasty.

But still, the high court, in reiterating its ruling on Biraogo, said mandamus is not applicable on the Penson petition. It noted that mandamus is applicable only to ministerial duties. Ministerial duties refer an act or duty which an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to the mandate of a legal authority.

“Essential, therefore, to its issuance is a clear legal right of petitioner to the thing demanded and an imperative duty on the part of the respondent to perform the act required, which do not obtain in this case,” the high court said.


Follow Us

Follow us on Facebook Follow on Twitter Follow on Twitter


Recent Stories:

Complete stories on our Digital Edition newsstand for tablets, netbooks and mobile phones; 14-issue free trial. About to step out? Get breaking alerts on your mobile.phone. Text ON INQ BREAKING to 4467, for Globe, Smart and Sun subscribers in the Philippines.

Tags: 2013 elections , Nation , News , Political Dynasties , Politics , Supreme Court




Copyright © 2014, .
To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.
Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:
c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City, Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94
Advertisement
  1. 12 senators on Napoles ‘pork’ list, says Lacson
  2. Save the queen? Aide takes fall for Enrile, Gigi Reyes
  3. Palace prepared to charge its allies
  4. Senator’s kickback from pork bigger than those of Enrile, Estrada, Revilla – Lacson
  5. Napoles turnaround alarms whistle-blowers
  6. What Went Before: Malacañang allies alleged involvement in pork scam
  7. Napoles spills beans on Enrile, Estrada, Revilla – De Lima
  8. Timeline: Napoles tell-all
  9. HK apology: Why Estrada and not Aquino?
  10. Cedric Lee’s cohort flies out of PH despite look-out order – De Lima
  1. Napoles spills beans on Enrile, Estrada, Revilla – De Lima
  2. 12 senators on Napoles ‘pork’ list, says Lacson
  3. Gigi Reyes pins blame on aide
  4. Estrada: Gigi Reyes won’t testify vs JPE
  5. Bernice Lee arrested by NBI team
  6. Enrile chief aide back in PH ‘to face charges’
  7. Cedric Lee’s cohort flies out of PH despite look-out order – De Lima
  8. Suspect in Vhong Navarro’s mauling wants to turn state witness – De Lima
  9. Reckless driver endangered lives of Aquino, entourage–report
  10. Lawyer: Napoles ‘will tell all’
  1. MRT passengers pass the hat for 6-year-old Ashley
  2. Rookie, lady cops lauded for quick response to MOA heist
  3. Napoles spills beans on Enrile, Estrada, Revilla – De Lima
  4. Malaysia averts another air tragedy; pilot lands troubled plane safely
  5. Revilla says he was joking; Lacson stands by his story
  6. Revilla ‘consulted’ Lacson on how he evaded arrest
  7. 12 senators on Napoles ‘pork’ list, says Lacson
  8. Gigi Reyes pins blame on aide
  9. Cudia, dismissed for lying, got 99% in conduct
  10. Kim Henares needs a reprimand, says Cayetano
Advertisement

News

  • Obama: US will defend Japan vs China
  • Santiago accuses Lacson of fronting for Enrile, Gigi Reyes
  • Name names, Lacson told
  • Ukraine FM: We are ready to fight Russia
  • Slain officer’s ‘diagram’ rocks PNP
  • Sports

  • Sharapova advances to Stuttgart quarterfinals
  • Galedo caps ride of redemption
  • Beermen, Express dispute second semis slot today
  • Lady Agilas upset Lady Bulldogs in four sets
  • NLEX roars to 7th D-League win
  • Lifestyle

  • How Jing Monis Salon gave Krissy the pixie
  • Want to be a supermodel? Work on your inner beauty, says Joey Espino
  • Denims that keep you cool–literally
  • 10 essential summer skin savers
  • Here’s your visual guide to all things cool, hot in summer fashion
  • Entertainment

  • Kristoffer Martin: from thug to gay teen
  • Has Ai Ai fallen deeply with ‘sireno?’
  • California court won’t review Jackson doctor case
  • Cris Villonco on play adapted from different medium
  • OMB exec’s assurance: We work 24/7
  • Business

  • Bangko Sentral readies new bank lending rules
  • Gaming stocks gain, PSEi eases on profit-taking
  • Cebu Pacific flew 3.74M passengers as of March
  • Corporate bonds sweeteners
  • Professionals in the family business
  • Technology

  • Vatican announces hashtag for April 27 canonizations
  • Enrile in Masters of the Universe, Lord of the Rings?
  • Top Traits of Digital Marketers
  • No truth to viral no-visa ‘chronicles’
  • ‘Unlimited’ Internet promos not really limitless; lawmakers call for probe
  • Opinion

  • Editorial Cartoon, April 25, 2014
  • No deal, Janet
  • Like making Al Capone a witness vs his gang
  • MERS-CoV and mothers
  • A graduation story
  • Global Nation

  • Afghan hospital guard kills 3 American doctors
  • Career diplomat is new PH consul general in Los Angeles
  • US4GG: Aquino should ask Obama for TPS approval, drone technology
  • Complex health care system for California’s elderly and poor explained
  • Tiff with HK over Luneta hostage fiasco finally over
  • Marketplace
    Advertisement