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THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 26 provides: “The State shall guarantee equal access 
to public service and prohibit political dynasty as may be defined by law.” To give force and 
effect to this provision, the playing field of the political arena should be leveled and opened up to 
persons who are equally qualified to aspire on even terms with those from ruling politically 
dominant families. 
Philippine society, many sociologists note, evolves around the system of extended family. 
However, this extended family system, an otherwise beneficial concept when applied to the 
social aspects of human behavior, finds its pernicious effects in the political arena where public 
office becomes the exclusive domain of influential families and clans that are well-entrenched in 
Philippine politics. The monopoly of political power and public resources by such families 
affects the citizenry at the locai and national levels. 
The socio-economic and political inequities prevalent in Philippine society limit public 
office to members of ruling families. In many instances, voters, for convenience and out of 
cultural mind set look up to these ruling families as dispensers of favors, ahd thus elect relatives 
of these politically dominant families. 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE? PHILIPPINES 
First Regular Session 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PROHIBIT THE ESTABLISHMENT OF POLITICAL DYNASTIES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as “The Anti-Political Dynasty Act 
of2005.” 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
guarantee equal access and opportunity to public office and service to the public. Towards this 
end, it is likewise declared the policy of the State to prohibit political dynasties as defined in 
Section 3 of this Act. 
SECTION 3. Definition ofTerms. -The following terms, as used in this Act, shall mean: 
(1) “Political Dynasty” - shall exist when a person who is the spouse of an incumbent 
elective official or relative within the second civil degree of consanguinity or affinity of an 
incumbent elective official holds or runs for an elective office simultaneously with the 
incumbent elective official within the same province or occupies the same office immediately 
after the term of office of the incumbent elective official. It shall also be deemed to exist where 
two (2) or more persons who are spouses or are related within the second civil degree of 
consanguinity or affinity run simultaneously for elective public office within the same province, 
even if neither is so related to an incumbent elective official. 


(2) “Spouse” - shall refer to the legal and common-law wife or husband of the 
incumbent elective official. 
3. “Second Civil Degree of Consanguinity or Affinity” - shall refer to the relatives of a 
person who may be the latter’s brother or sister, whether of full or half-blood, direct ascendant or 
direct descendant, whether legitimate, illegitimate or adopted, including their spouses. 
4. “Running for an Elective Office” - shall be deemed to commence upon the filing of 
the certificate of candidacy by a candidate with the Commissions on Elections. 
5. “Holding an Elective Office” - shall be deemed to commence from the moment the 
public official takes his oath of office. 
6. “COMELEC” - shall refer to the Commission on Elections. 
SECTION 4. Persons Covered; Prohibited Candidates. - No spouse, or person related 
within the second degree of consanguinity or affinity whether legitimate or illegitimate, to an 
incumbent elective official seeking reelection shall be allowed to hold or run for any elective 
office in the same province in the same election. 
In case the constituency of the incumbent elective official is national in character, the 
above relatives shall be disqualified from running only within the same province where the 
former is a registered voter. 
In case where none of the candidates is related to an incumbent elective official within 
the second degree of consanguinity or affinity, but are related to one another within the said 
prohibited degree, they, including their spouses, shall be disqualified &om holding or running for 
any local elective office within the same province in the same election. 
In all cases, no person within the prohibited civil degree of relationship to the incumbent 
shall immediately succeed to the position of the latter: Provided, however, that this section shall 
not apply to Punong Barangays or members of the Sangguniang Barangay. 


SECTION 5. Effect of Violation cj”Prohibition. - The COMELEC shall motu proprio or 
upon a verified petition of any interested party, deny due come to any certificate of candidacy 
filed in violation of this Act. 
SECTION 6. Period for Filing Petition for Disqualifcation. - Any citizen of voting age, 
candidate or duly-registered political party, organization, or coalition of political parties may file 
with the COMELEC, after the last day for filing of certificates of candidacy and before 
proclamation, a petition to disqnalifj a candidate on grounds provided for under Section 4 
hereof. 
SECTION 7. 
Summary Proceedings. - The petition shall be heard and decided 
summarily by the COMELEC, after due notice and hearing, and its decision shall be executory 
after the lapse of five (5) days from receipt thereof by the losing party. 
SECTION 8. Effect of Petition if Unresolved Before Completion of Canvass. - If the 
petition, for reasons beyond the control of the COMELEC, cannot be decided before the 
completion of the canvass, the votes cast for the respondent shall be included in the counting and 
canvassing: Provided 
however, that if the basis for such disqualification is strong, his 
proclamation shall be suspended notwithstanding the fact that he received the winning number 
of votes in the election: Provided further, that in cases where disqualified candidate has been 
proclaimed he shall @so facto forfeit his right to the office. 


SECTION 9. Rules and Regulations. - The COMELEC shall promulgate the rules and 
regulations for the implementation of the provisions of this Act. 
SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
SECTION 11. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
/alp