The anti-dynasty provision in SK Law
On October 30 this year, the youth composed of those who are at least fifteen
(15) but not more than thirty (30) years of age, and who are duly registered in the list
of the Commission on Elections (COMELEC) and/or the records of the Sangguniang
Kabataan secretary, will elect the leaders of their respective barangay’s Katipunan ng
Kabataan.
The SK Law underwent substantial reforms under Republic Act No. 10742 or
what is known as the “Sangguniang Kabataan Reform Act of 2015.” Then Senate
President Franklin Drilon hailed the law as a great start towards finally realizing an Anti-
Political Dynasty Law, the passage of which has been long overdue.
Section 10 of the law provides that the official of the Sangguniang Kabataan
must not be related within the second civil degree of consanguinity or affinity to any
incumbent elected national official or to any incumbent elected regional, provincial, city,
municipal, or barangay official, in the locality where he or she seeks to be elected, and
must not have been convicted by final judgment of any crime involving moral turpitude.
Realities on the ground, however, do not necessarily show what the SK Law had
envisioned. A study by Flores, Ballar, Yap, and Deinla (2022) showed that a significant
number of youth leaders reported that they were aware of SK leaders in their area who
violated the anti-dynasty provision of the SK Reform Law, but no cases were filed
against the SK leaders who violated the SK Reform Law.
Earlier in 2021, the same researchers also looked at the effects of the law’s anti-
dynasty provision in 3 key metropolitan areas in the country and found that despite
uncertainties in the implementing procedures, it was able to lower the incidence of
individuals with incumbent relatives in local elected positions. In part due to the SK
Reform Law, the incidence of dynastic SK officials (eg. Elected SK officials with the
same surname as incumbent SK or local officials at the time of filing) decreased by
0.4%, 2.5%, and 7% from 2010 to 2018 for Cebu City, Davao City, and Quezon City,
respectively.
Section 10 appears to be unambiguous. Despite the explicit provision under the
law, documented cases of defiance of the prohibition still exist. Worse, the violation
remains unpunished.
In this upcoming SK election, let us spare the youth from the ills of the present
political system. The meaningful participation of the youth in local governance and
nation-building can probably be our last chance to overhaul a system that has needed
change for the longest time.