Fourth Degree of Separation — Or Just Two? When Former Justices Can’t Agree on How to Kill Dynasties That Won’t Die

When Even the Justices Can’t Agree on How to Count Your Cousins

By Louis ‘Barok‘ C. Biraogo — February 10, 2026

MGA ka-kweba, the anti-political dynasty law debate in the Philippines has reached peak absurdity. Two former Supreme Court justices—Antonio Carpio and Adolfo Azcuna—just spent a House committee hearing arguing over whether we should ban relatives up to the fourth degree of consanguinity or just the second degree. It’s February 2026, and we’re still debating the basics of a law mandated by the 1987 Constitution nearly 40 years ago.

Here’s the comedy: Carpio says ban relatives up to the fourth degree (that’s first cousins). Azcuna says that’s “unenforceable” and we should stick to second degree (siblings, parents, children). Meanwhile, dynasties across the Philippines are laughing all the way to their provinces, cities, and barangays—where they’ve held power for generations while Manila debates kinship arithmetic.

The House of Representatives’ committee on suffrage and electoral reforms held its second hearing on Tuesday, February 4, 2026, with 22 pending bills on the table. And what did we get? A constitutional law seminar on counting relatives, Comelec complaining about enforcement logistics, and House Speaker Martin Romualdez—sorry, I mean “Bojie” Dy III—pretending his Isabela dynasty is ready to commit political seppuku.

This isn’t just legislative theater. It’s a masterclass in how the Philippine elite sabotages reform while pretending to champion it.

Former Supreme Court Justices Antonio Carpio and Adolfo Azcuna debate anti-political dynasty law scope at House committee hearing Manila Philippine — **“Comelec needs 6 months to verify your cousin; your mayor needs 6 seconds to marry her off to another candidate—problem solved!”**

Quick Facts: Anti-Political Dynasty Law Debate 2026

Question	Answer
What happened?	Former SC Justices Carpio and Azcuna disagreed on scope of anti-dynasty law at House hearing
Who wants what?	Carpio: Ban relatives up to 4th degree; Azcuna: Only 2nd degree, focus on local elections
Constitutional basis?	Article II, Section 26 of 1987 Constitution mandates anti-dynasty law but never implemented
How many bills pending?	22 anti-dynasty bills filed in House of Representatives
Who’s leading push?	House Speaker Bojie Dy III (ironically from Isabela political dynasty)
What’s Comelec’s concern?	Enforcement challenges, voter education timeline, 2028 elections approaching
When will it pass?	Unknown — has been “pending” for 39 years since 1987 Constitution

Who Are Carpio and Azcuna? The Judicial Heavyweights Clashing Over Cousins

Former Senior Associate Justice Antonio Carpio served on the Supreme Court from 2001 to 2019. Known for his strong stances on West Philippine Sea sovereignty and constitutional interpretation, Carpio is no stranger to bold positions. His preference for banning relatives up to the fourth degree reflects his constitutional originalist approach—if the Constitution already limits presidential appointments to the fourth degree, why not electoral bans?

Former Associate Justice Adolfo Azcuna served from 2002 to 2009. After retirement, he’s taught law at San Beda and prioritizes practical enforceability over constitutional idealism. His position reflects pragmatic concerns: can Comelec actually verify kinship claims for thousands of candidates? Will the law survive implementation, or collapse under its own administrative weight?

Both are legal luminaries. Both mean well. But their disagreement exposes the fundamental problem with Philippine reform: we can’t even agree on how to fix what’s broken, so we end up fixing nothing.

Carpio’s Case: Fourth Degree Ban Is Constitutional and Necessary

The Constitutional Argument

Carpio’s position is elegant in its simplicity: the 1987 Constitution, Article VII, Section 13 already prohibits the President from appointing relatives “by consanguinity or affinity within the fourth civil degree” to government positions. If the Constitution recognizes fourth-degree restrictions for appointments, why can’t we apply the same standard to elections?

“My idea of an ideal anti-political dynasty law that complies with the Constitution has the following elements: first, the coverage should be within the fourth degree of consanguinity or affinity. Why? Because the Constitution recognizes that the fourth degree of consanguinity can be a limitation on appointment under the Constitution.”

Carpio also cited the Local Government Code of 1991 (Republic Act No. 7160, Section 60), which prohibits local government officials from appointing relatives within the fourth degree. The legal precedent already exists—Congress just needs the spine to apply it.

The Logic: Why Fourth Degree?

Fourth degree of consanguinity includes:

First degree: Parents, children
Second degree: Siblings, grandparents, grandchildren
Third degree: Aunts/uncles, nieces/nephews, great-grandparents
Fourth degree: First cousins, great-aunts/great-uncles

In provinces where a single family controls multiple positions, fourth-degree coverage is essential. Consider a governor whose siblings hold congressional seats, whose children are mayors, and whose first cousins sit in the provincial board. A second-degree ban wouldn’t touch the cousins. The dynasty survives.

Carpio’s position isn’t radical—it’s comprehensive. And comprehensiveness is what dynasties fear most.

Azcuna’s Counterargument: Fourth Degree Is Unenforceable Fantasy

The Pragmatic Objection

Azcuna’s concern is implementation. He consulted colleagues and law students at San Beda University, and concluded that Comelec simply cannot verify kinship ties for thousands of candidates up to the fourth degree.

“I humbly submit the findings of my own research, your Honors, on the degree of relationship, it is submitted that two degrees is best suited to dismantle the grip of political dynasties which are mostly in the provincial level and two degrees is doable and easier to implement on the part of the Comelec.”

The Administrative Reality

Consider Comelec’s challenge:

2025 barangay elections: 42,046 barangays × average 7 kagawads = ~294,000 candidates
2028 national/local elections: Thousands more candidates across national, provincial, city, municipal levels
Verification requirement: Birth certificates, marriage certificates, affidavits of kinship
Dispute resolution: Protests, counter-protests, petitions

Now multiply that by fourth degree verification. Do we check every candidate’s first cousins? Their great-aunts? Their spouse’s siblings’ spouses (fourth degree by affinity)?

Azcuna’s point: a law that can’t be enforced isn’t a law—it’s wishful thinking wrapped in legalese.

The Gradual Approach

Azcuna proposes starting with:

Second degree only (parents, children, siblings)
Local positions only (provincial, city, municipal, barangay)
Gradual expansion if initial implementation succeeds

He also argues that national positions need less restriction because “the grip of political dynasties is diffused by the extent of the national electorate.” Translation: it’s harder to establish a nationwide dynasty than a provincial one.

The Comelec Problem: “We Need to Educate Voters on Cousins”

George Garcia’s Reality Check

Commission on Elections Chairman George Garcia raised critical implementation concerns at the January 27, 2026 hearing:

Problem #1: Conflicting Penalties

The 22 pending bills propose different remedies—some use disqualification, others use cancellation of candidacy. These have different legal implications:

Disqualification: Applied when a candidate lacks qualification (e.g., age, citizenship, residency)
Cancellation: Applied for material misrepresentation in certificate of candidacy

Political dynasty status isn’t currently listed in Section 74 of the Omnibus Election Code as a required declaration. So how can Comelec cancel candidacies for something candidates aren’t required to disclose?

Problem #2: Timeline Crisis

Garcia warned that if the anti-dynasty law passes late in 2027, Comelec may need to move certificate of candidacy filing from October 2027 to July 2027—giving the commission more time to resolve dynasty-related complaints before the May 2028 elections.

But earlier filing means earlier campaigning, which means more money in politics, which means… dynasties with deeper pockets have even more advantage. The reform meant to weaken dynasties could accidentally strengthen them.

Problem #3: Voter Education

Translation: Comelec needs time to teach Filipino voters that their mayor’s first cousin can’t run for vice mayor anymore. In a country where many voters don’t even know what “consanguinity” means, this is no small task.

The Constitutional Elephant in the Room: Article II, Section 26

Let’s address the 800-pound constitutional gorilla everyone keeps politely ignoring.

Article II, Section 26 of the 1987 Constitution states:

“The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.”

“As may be defined by law.”

That law was supposed to be enacted 39 years ago. It’s 2026. We’re still debating whether to count to two or to four.

The Constitutional Commission of 1986 deliberately left “political dynasty” undefined, trusting Congress to fill in the details. What they didn’t anticipate was that Congress itself would be composed primarily of dynasties with zero incentive to define themselves out of existence.

This is the Philippine reform paradox: we ask the corrupt to write anti-corruption laws, and the dynasties to write anti-dynasty laws. Then we act surprised when nothing happens.

The Dy Dynasty Irony: When the Speaker Himself Is the Problem

House Speaker Bojie Dy’s “Courageous” Stance

In November 2025, House Speaker Faustino “Bojie” Dy III announced that Congress would finally prioritize the anti-dynasty law. He acknowledged the obvious:

“Dy admitted that his statements may be met with raised eyebrows, as his family has been considered a fat dynasty in their home province of Isabela.”

Let’s unpack this. The Dy political dynasty in Isabela includes:

Faustino Dy III (current House Speaker)
Multiple family members in local government positions
Decades of provincial political dominance

And now Dy wants us to believe he’s willing to legislate his own family out of power?

The Marcos Endorsement

President Ferdinand Marcos Jr. himself asked both chambers to prioritize the anti-dynasty law in December 2025. Shortly after, Dy and Majority Leader Ferdinand Alexander “Sandro” Marcos—the President’s son—filed House Bill No. 6771.

Let that sink in. Sandro Marcos—whose father is President, whose grandfather was dictator, whose family has dominated Philippine politics for half a century—is co-authoring an anti-dynasty bill.

This isn’t reform. This is performance art.

Why Second Degree Won’t Work (And Fourth Degree Won’t Pass)

The Second-Degree Loophole

If the law only bans second-degree relatives (parents, children, siblings), here’s what happens:

Example: Provincial Dynasty Strategy

Governor: Juan Dela Cruz (patriarch)
Congressman (District 1): Pedro Dela Cruz (brother) ❌ Banned under second degree
Congressman (District 2): Carlos Gomez (first cousin) ✅ Allowed under second degree
Mayor (Capital City): Maria Dela Cruz-Santos (daughter) ❌ Banned under second degree
Mayor (Municipality A): Sofia Gomez (niece, third degree) ✅ Allowed
Provincial Board Member: Ricardo Dela Cruz-Reyes (nephew, third degree) ✅ Allowed

Result: The dynasty loses 2 positions, keeps 4. Power structure intact. Rebranding successful.

The Fourth-Degree Fantasy

If the law bans up to fourth degree, here’s what happens:

Example: Comelec Nightmare

10,000 candidates file COCs nationwide
Comelec must verify:

Parents, children, siblings (2nd degree) = ~40,000 relationships
Aunts, uncles, nieces, nephews, grandparents (3rd degree) = ~120,000 relationships
First cousins, great-aunts/uncles (4th degree) = ~400,000+ relationships

Disputes filed: “That’s not my first cousin, that’s my second cousin once removed!”
DNA tests required? Who pays?
Timeline: 6 months minimum to resolve all cases
Outcome: Delayed elections, constitutional crisis, law declared unenforceable

Result: Fourth degree dies in implementation hell. Dynasties laugh. Reform fails.

What the Law Should Actually Do (But Won’t)

If Congress were serious—if Dy and Sandro Marcos and the 22 authors of these bills actually wanted to dismantle dynasties—here’s what the law would include:

1. Simultaneous Occupation Ban (Third Degree)

No relatives within the third degree can simultaneously hold ANY elective position—national, provincial, city, municipal, or barangay. Period.

This is narrower than Carpio’s fourth degree (enforceable) but broader than Azcuna’s second degree (effective).

2. Term-In, Term-Out for Families

If a family member holds a position for 9 consecutive years (3 terms), no relative within the third degree can run for that same position or any position within the same territorial jurisdiction for the next term.

Forces rotation. Prevents “husband-wife relay” and “parent-child succession.”

3. Transparent Kinship Registry

All candidates must declare relatives within the third degree in their COCs. Comelec maintains public database. False declaration = automatic disqualification + perjury charges.

4. Party-List Reforms

Party-list system should represent marginalized sectors, not celebrity-led groups or dynasty fronts. Require parties to prove actual sectoral membership before accreditation.

5. Campaign Finance Limits

Cap spending at ₱50 per voter for local positions, ₱20 per voter for national positions. Level playing field = less dynasty advantage.

6. Enforcement Teeth

Violators face:

Immediate disqualification
10-year ban from holding public office
Criminal liability for circumventing the law
Forfeiture of all emoluments

7. Gradual Implementation

Start with provinces and cities where dynasties are most entrenched (Comelec can identify these easily). Phase in over two election cycles.

The Real Obstacle: Congress Won’t Bite the Hand That Feeds It

Here’s the uncomfortable truth: the anti-dynasty law is a constitutional fantasy—not because it’s unworkable, but because the very people who must pass it are the ones it’s designed to eliminate.

The Numbers Don’t Lie

A 2019 study by the AIM Policy Center found that:

70% of the House of Representatives comes from political families
80% of provincial governorships are held by dynasties
95% of municipal mayorships in certain provinces are dynasty-controlled

Now ask yourself: Will 70% of Congress vote to eliminate themselves?

The Carpio-Azcuna Debate Is a Distraction

While we argue over counting cousins, dynasties consolidate. While Comelec worries about logistics, elections come and go with the same surnames winning. While Marcos and Dy pretend to champion reform, their families prepare for 2028.

The debate over second vs. fourth degree is academic masturbation. The real issue is political will—and no one in power has it.

The Law Philippines Actually Needs: Political Will, Not Legal Precision

MGA ka-kweba, let’s be brutally honest. Even if Congress passes the perfect anti-dynasty law tomorrow—even if we compromise on third degree, even if Comelec gets ₱10 billion for enforcement—it won’t matter unless we address the root causes of dynastic power:

1. Poverty and Patronage

Dynasties survive because they control resources. Poor voters depend on them for jobs, ayuda, and access to government services. Break the poverty cycle, and you break the dynasty cycle.

2. Weak Political Parties

The Philippines has no real party system—just coalitions of convenience. Strong ideological parties would reduce reliance on personality and family name.

3. Guns, Goons, and Gold

Dynasties maintain power through violence, vote-buying, and media control. Reform campaign finance, strengthen election security, and regulate political advertising.

4. Voter Education

Filipino voters need to understand that dynasties aren’t inevitable. Alternatives exist. Change is possible.

But these reforms are hard. They require decades of sustained effort. They threaten entrenched interests.

So instead, we get Carpio vs. Azcuna on kinship arithmetic.

What Happens Next? (Spoiler: Nothing)

Here’s my prediction for 2026-2028:

Phase 1 (Now): House committee holds hearings. Experts testify. Media covers it. Public gets excited.

Phase 2 (Mid-2026): Committee consolidates 22 bills into one “compromise” bill. Second degree ban, local positions only, vague enforcement provisions.

Phase 3 (Late 2026): Bill languishes in committee. “We need more consultations.” “Let’s study international best practices.” “Maybe after 2028 elections.”

Phase 4 (2027): COC filing season approaches. Congress rushes to pass something. Bill is gutted—full of loopholes, exemptions, and delayed effectivity.

Phase 5 (2028): Elections proceed with no meaningful anti-dynasty enforcement. Same surnames win. Cycle repeats.

Phase 6 (2029): “We need to revisit the anti-dynasty law. It didn’t work.”

Rinse. Repeat. Forever.

The Real Solution: Don’t Wait for Congress

MGA ka-kweba, if you’re waiting for Congress to save you from dynasties, you’ll be waiting until your grandchildren are old enough to vote—and by then, the same dynasties will still be in power.

The solution isn’t legal—it’s political. Vote them out. Support independent candidates. Demand accountability. Refuse patronage. Organize communities. Build alternatives.

Because here’s the truth the justices won’t tell you: the anti-dynasty law is just paper. Real change requires people.

And people require courage.

What do you think? Is second degree enough, or should we go for fourth? Or are we all just wasting time while dynasties laugh?

Share your thoughts in the comments.

– Barok
They can debate kinship degrees until the heat death of the universe. The dynasties will still be there, counting their money, not their cousins.