Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 8413 .

Introduced by Reps. TEDDY A. CASINO, NERI JAVIER COLMENARES,
RAFAEL V. MARIANO, LUZVIMINDA C. ILAGAN, ANTONIO L. TINIO,
EMERENCIANA A. DE JESUS and RAYMOND V. PALATINO

EXPLANATORY NOTE

Article II, Section 26 of the Constitution expressly provides: “The State shall guarantee equal
access to public service and prohibit politcal dynasty as may be defined by law.””

Social reform is the evident agenda behind this provision and the objective is clear. The
extended family system, an otherwise beneficial concept when applied to the social aspects
of human behavior, has found its pernicious effects in the political arena where public office
has become the exclusive domain of influential families and clans. Such families have
become so well-entrenched in Philippine politics they have monopolized political power and
public resources at all levels of government.

Once a politician is elected to public office, he or she immediately builds a strong political
base to ensure not only his or her re-election but also that such electoral support will extend
to one’s spouse or descendants or next of kin. These elected officials secure and consolidate
their economic interest by perpetuating their families or clans in public office ~ indeed,
making a dynasty out of public service. This situation is characteristic of the patronage system
of politics that hinders the development of the country.

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
mindset, look up to these economically and politically dominant families as dispensers of
favors, material and otherwise, and tend to elect relatives of these politically dominant
families.

‘As a means to give force and effect to the social justice provisions of the Constitution which
provides for the diffusion of economic and political influence, it is necessary that the
political arena be leveled by opening public office to persons who are equally qualified to
aspire on even terms with those from politically dominant families.


In light of the foregoing, this bill is hereby proposed to give real teeth to the Constitutional
mandate and strengthen the call for new politics to lay the basis of greater empowerment for
the greater number of Filipinos.

Approved,

f-Gs
TEDDY A. CASINO.
Bayan Muna Party-list

RAFAEL V,. MARIANO
Anakpawis Party-list

asad cra
LUZVEMINDA C. ILA‘ ‘ONIO WIN
Gabriela Women’s Part ACT Teachers Party-list

AOS
EMERENCIANA A. DE JESUS RAYMO! V. PALATINO
Gabriela Women’s Party Kabftaan Party-list



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No8413

Introduced by Reps. TEDDY A. CASINO, NERI JAVIER COLMENARES,
RAFAEL V. MARIANO, LUZVIMINDA C. ILAGAN, ANTONIO L. TINIO,
EMERENCIANA A. DE JESUS and RAYMOND V. PALATINO

AN ACT
PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNASTIES

Be it enacted by the Senate and House of Representatives of the Republic of the Pbilippines in Congress
assembled:

SECTION 1. Title. — This Act shall be known as “The Anti-Political Dynasty Act of 2010.”

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
hereinafter defined.

SECTION 3. Definition of Terms. — The following terms, as used herein, shall me:

1. Political Dynasty — The concentration, consolidation ot perpetuation of public
office and political power by persons related to one another.

2, Political Dynasty Relationship — Exists when a person who is the spouse of
an incumbent elective official or a 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 city and/or province or occupies the same office immediately after the
term of office of the incumbent elective official

A political dynasty shall also be deemed to exist where two (2) or more
persons who are spouses or are related within the second civil of consanguinity
or affinity run simultaneously for elective public office within the same city
and/or province, even if neither is so related to an incumbent elective official.

3. Spouse — Shall refer to the legal or common law wife or husband of the
incumbent elective official.


4. Second Civil Degree of Consanguinity or Affinity — Shall include the relatives
of a person who may be the latter’s brother or sister, direct ascendant or direct
descendant, whether legitimate or illegitimate, full or half blood, including their
spouses.

5. Term Limits ~ Shall mean the maximum term limits for elected public officials
as provided for in the Constitution.

6. Running for an Elective Office ~ Shall be deemed to commence upon the
filing of the certificate of candidacy by a candidate with the Commission on
Elections (COMELEC)

7. Holding an Elective Office — Shall be deemed to commence from the moment
the public official cakes his or her oath of office.

SECTION 4. Applicability. This Act shall govern and be applicable to the next elections
and to all subsequent elections thereafter. In the case of incumbent elected officials who
have political dynasty relationships with one another in the same city and/or province, they
shall be allowed to run in all subsequent elections until they reach their term limit as
provided by law.

SECTION 5. Persons Covered; Prohibited Candidates. - No spouse, or person related

within the second degree of consanguinity or affinity, whether legitimate or illegitimate, full

or half blood, to an incumbent elective official secking re-clection 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 of!
above relatives shall be disqualified from running only
former is a registered voter.

is national in character, the
:hin the sume province where the

In case whete none of the candidates is related to an incu
within the second degree of consanguinity or affinity, but are related to one another within
the said prohibited degree, they, inchiding thei spouses, shall be disqualified from holding or
running for any local elective office within the same province in the same election.

bent elective official

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 6. Statement with the Comuni
any elective public office except for that of Bai
with the COMBLEC that he or she does not h:
incumbent elective official running for an cle
province other than that of the pos

sion on Elections.

Any person running for
way official, shall file a sworn statement

a political dynasty relationship with an
ublic office in the same city and/or

ion carlier mentioned.



SECTION 7. Effect of Violation of Prohibition. — The COMELEC shall, motu propio o
upon verified petition of any interested party, deny due course to any certificate of candidacy
filed in violation of this Act and the votes cast for the disqualified candidate, if any, shall not
be counted and deemed not counted nor shall such candidate be proclaimed nor be qualified
to assume office.

SECTION 8. Period for Filing Petition for Disqualification. ~ 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 disqualify a candidate on grounds provided for under
Section 5 hereof.

In the event a candidate disqualified under this Act shall have been proclaimed and has
assumed office, his or her political dynasty relationship shall be a ground for disqualification
in appropriate quo sarranto ot other proceedings.

SECTION 9. 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 10. 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 ion the
counting and canvassing: Provided however, that if the basis for such disqualification is strong,
his or her proclamation shall be suspended notwithstanding the fact that he or she received
the winning number of votes in the election: Provided further, that in cases where disqualified
candidate has been proclaimed he or she shall ipso facto forfeit his or her right to the office.

SECTION 11. Rules and Regulations. ~The COMELEC shall promulgate the rules and
regulation for the implementation of the provisions of this Act.

SECTION 12. Repealing Clause. — All laws inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

SECTION 13. Separability Clause. — If any of the sections or provisions of this Act is
held invalid, all the other provisions not affected thereby shall remain valid.

SECTION 14. Effectivity Clause. — This Act shall take effect fifteen (15) days from the
date of its publication in at least two (2) newspapers of general circulation in the Philippines.

Approved,