Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2877

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

Section 67 of Batas Pambansa Bilang 881, otherwise known as
the Omnibus Election Code provides that an elective official running for
a public office other the one he is currently holding in a permanent
capacity, except for the positions for President and Vice-president, is
considered resigned from office upon the filing of his certificate of
candidacy.

This law has been criticized for abetting the unfair and unequal
treatment of candidates. The law is biased to those who aspire for the
offices of Presidency and Vice-presidency, giving losing candidates
utmost comfort and privilege of reclaiming back their offices. On the
other hand, the law denies the same benefit and privilege to aspirants
for other elective positions, regarding them jpso facto resigned
regardless of the outcome of the election.

More importantly, this policy has helped promote political
adventurism and negates the policy against nuisance candidates. The
law provides a constant source of encouragement for incumbent
elective officials, who nurture the thinking that since they have nothing
to lose, they might as well aspire for the two highest offices despite
knowledge that they have no chance of winning at all. This has unduly
saddled the Commission on Elections with unnecessary administrative
and operational burden.

This already untenable situation was further exacerbated by the
passage of Republic Act No. 9006, otherwise known as the Fair
Elections Practices Act, which repealed altogether Section 67 of BP
881. As the law now stands, any elective public official can run for any
other public office other than the one he is holding without the risk of
losing said office.

It is believed that this faulty public policy should be corrected at
once by restoring back the old law. In so doing, the constitutional
edict to all public officials to serve the people with utmost loyalty and
Not trifle with the mandate, which their constituents have entrusted to
them, is preserved and honored.

For these reasons, passage of this bill is earnestly sought.

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

v4
HOUSE BILL NO. 2877

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

AN ACT
DECLARING AN ELECTIVE OFFICIAL IPSO FACTO
RESIGNED FROM HIS OFFICE UPON THE FILING OF
HIS CERTIFICATE OF CANDIDACY

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

SECTION 1. Candidates holding elective office. - Any elective official,
whether national or local, running for any public office other than the
one which he is holding in a permanent capacity shall be considered
ipso facto resigned from his office upon the filing of the certificate of
candidacy.

SEC 2. Repealing Clause. - Certain sections of Republic Act 9006,
otherwise known as the “Fair Elections Practices Act” and all laws,
presidential decrees, executive orders, rules and regulations, and part
thereof, which are inconsistent with the provisions of this Act, are
hereby repealed or modified. accordingly.

SEC 3. Separability Clause. - If any part or provision of this Act shall
be declared as unconstitutional or invalid, other provisions hereof
which are not affected shall continue to be in full force and effect.

SEC 4. &ffectivity. - This Act shall take effect fifteen (15) days
following its publication in three (3) newspapers of general circulation.

Approved,