2tr1atr 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
, "u.; •• fllj, >.mlo'li 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
~Ub -1 P4:42 
SENATE 
S. No. 
1198 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section I provides: 
Sec. 1. Public Office is a public trust. Public Officers and employees must, 
at all times, be accountable to the people, serve them with utmost responsibility, 
integrity, loyalty and efficiency, act with patriotism and justice and lead modest 
lives. 
Many public officials use their pqwers to influence the appointment of persons to 
government posts through the exercise called "political recommendations." The applicants for 
these government positions, in their effort to make use of this culture, solicit these political 
recommendations. This perpetuates the "padrino system" which allows the appointment of 
unqualified individuals to government positions over those who are really qualified based on 
their merits. 
By enacting a law that punishes the acts of making and soliciting political 
recommendations, we would be able to strengthen our bureaucracy by granting the appointing 
agencies their rightful discretion over their employee activities, which include appointment, 
promotion, assignment, transfe,r or designation, interim or otherwise, and making sure that such 
decisions are made without undue political influence.' 
• This bill was originally filed in the Fourteenth Congress, Second Regular Session. 
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!ttJlatt 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
.• ;. of·,~.> ... ot··1 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
"13 
MXi -1 F'4:42 
fU;CunJ) BY: f-
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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TO PROHIBIT THE USE, SOLICITATION, AND OFFER OF RECOMMENDATIONS FOR 
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PURPOSES OF APPOINTMENT, PROMOTION, ASSIGNMENT, TRANSFER, OR 
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DESIGNATION, INTERIM OR OTHERWISE, OF PUBLIC OFFICERS OR EMPLOYEES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. -
This Act shall be known as the "Anti-Political 
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Recommendations Act." 
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SECTION 2. Definitions. - In this Act, the term: 
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A. 
Government - includes the national government, the local governments, the 
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government-owned and government-controlled corporations; and all other instrumentalities or 
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agencies of the Republic of the Philippines and their branches. 
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B. 
Public Officer or Employee - includes elective and appointive officials and 
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employees, permanent or temporary, whether in the classified or unclassified or exempt service, 
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whether or not receiving compensation from the government as defined in the preceding 
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subparagraph. 
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C. 
Appointing Agency - means the agency which exercises the power to appoint, 
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promote, transfer, or designate, interim or otherwise, over the public officer or employee. 
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SECTION 3. Prohibition on Appointment Based on Political Recommendation - Except 
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as provided in Section 7 of this Act, each appointment, promotion, assignment, transfer, or 
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designation, interim or otherwise, of an public officer or employee shall be made without regard 
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to any recommendation or statement, oral or written, with respect to any person who requests or 
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is under consideration for such appointment, promotion, assignment, transfer, or designation, 
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made by-
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A. 
B. 
C. 
D. 
E. 
any Member of the Senate or House of Representatives; 
any official of the national or local government; 
any member of the Judiciary; 
any official of a political party; and 
any other individual or organization. 
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SECTION 4. Prohibition from Issuing Recommendation. - Except as provided in Section 
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7 of this Act, a person or organization referred to in paragraphs (A), (B), (C), or (D) of Section 3 
lOis prohibited from making or transmitting to any other public officer or employee, any 
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recommendation or statement, oral or written, with respect to any person who requests or is 
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under consideration for any such appointment, promotion, assignment, transfer, or designation. 
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SECTION 5. Prohibition on Solicitation of Recommendation. - . Any person, subject to 
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Section 7 of this Act -
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A. 
shall not solicit, request, consider, or accept any such recommendation or 
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statement; and; 
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B. 
shall return any such written recommendation or statement received by him, 
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appropriately marked as in violation of this section, to the person or organization making or 
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transmitting the same. 
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SECTION 6. NoTice of Prohibition. - Each employment form used in connection with 
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any such appointment, promotion, assignment, transfer, or designation shall contain appropriate 
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language in boldface type informing all persons concerned of the provisions of this Act. 
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During the time any such appointment, promotion, assignment, transfer, or designation is 
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under consideration, appropriate notice of the provisions of this section printed in boldface type 
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shall be posted in the post office concerned. 
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SECTION 7. Exceptions. - Any appointing agency may solicit, accept, and consider, and 
any other individual or organization may furnish or transmit to the appointing agency any 
statement with respect to a person who requests or is under consideration for such appointment, 
promotion, assignment, transfer, or designation, if -
A. 
the statement is furnished pursuant to a request or requirement of the appointing 
agency and consists solely of an evaluation of the work performance, ability, aptitude, and 
general qualifications of such person; 
B. 
the statement relates solely to the character and residence of such person; 
C. 
the statement is furnished pursuant to a request made by the appointing agency 
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solely in order to determine whether such person meets the loyalty, suitability, and character 
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requirements for employment with the Government; or 
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D. 
the statement is furnished by a former employer of such person pm-suant to a 
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request of the appointing agency, and consists solely of an evaluation of the work performance, 
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ability, aptitude, and general qualifications of such person dm-ing his employment with such 
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former employer. 
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SECTION 8. Penalties for Violations. - Any person in violation of any of the provisions 
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of this Act shall be punished by a fine of not less than one thousand pesos (Pl,OOO.OO) nor more 
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than thirty thousand pesos (P30,000.00), or by imprisonment not exceeding one (1) year, or both 
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such fine and imprisonment, at the discretion of the Court. The violation proven in a proper 
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administrative proceeding shall be sufficient cause for removal or dismissal of a public officer, 
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even if no criminal prosecution is instituted against such officer. 
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SECTION 9. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule, or regulation contrary to or is inconsistent _ 
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with the provision of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION II. Effectivity Clause. - This Act shall take effect fifteen (\5) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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