Comelec has to enforce anti-political dynasty provision in SK polls – Macalintal

MANILA — The Commission on Elections (Comelec) is required to implement the anti-political dynasty provision of the Republic Act No. 10742, or the SK Reform Act of 2015 in the scheduled Sangguniang Kabataan (SK) polls this October.

According to Atty. Romulo Macalintal the Comelec will have to follow the provisions of the law and prohibit those who want to participate in SK elections, which are related to elected national or local officials.

“The Comelec has no other recourse but to strictly implement this provision of the law. Doing otherwise will easily mean it is violating the law’s provision on political dynasty,” he said.

With this, the election lawyer noted the poll body could implement the law starting with the inclusion of the declaration of having no relatives that are elected to public office in the Certificate of Candidacy (CoC) form since it is filed under oath.

Likewise, Macalintal said the Comelec should be very strict in screening the names of the candidates so as to determine if they have relatives that are in public office.

“For instance, if a candidate for SK is the child or grandchild or sibling of any of said incumbent official, or the in-law of the latter, the said SK candidate should be disqualified from running for SK election in October 2016,” the lawyer said.

Macalintal added, “In other words, those intending to run for SK official should see to it that he or she is not related within the second degree of consanguinity or affinity to the incumbent President, Vice-President, any of the incumbent senators or party-list representatives, or to the incumbent representatives, Governor, vice-governor, board members, mayors, vice-mayors, or councilors, regional governor, vice-governor or assemblyman in their locality.”

Under RA 10742, candidates for SK should not be related within the second degree of consanguinity or affinity to any incumbent, elected national official; or to any incumbent regional, provincial, city, municipal, or barangay official, in the locality where he/she seeks to be elected.

The filing of the CoC for the youth polls will be from Oct. 3 to 5. Ferdinand Patinio/PNA/