SENATE
W@PRICE OF THE SECRETARY

‘
FIFTEENTH CONGRESS OF THE) 10 WL 26 F320,
REPUBLIC OF THE PHILIPPINES

First Regular Session
RECEIVED BY: po i

SENATE

s.B.No_ 2013

Introduced by Senator EDGARDO J. ANGARA

EXPLANATORY NOTE,

A public office is a public trust, The constitution mandates all public officials to be
accountable at all times to the people and serve them with utmost responsibility, integrity,
loyalty and efficiency.

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 than 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 bias for 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 ipso 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
might 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repealed altogether Section 67 of BP 881.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,

io

EDGARDO J. ANGARA



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SENATE
, GFFICE OF THE SECRETARY

FIFTEENTH CONGRESS OF THE) 10 ‘
REPUBLIC OF THE PHILIPPINES) JL 26 F322
First Regular Session ) .

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RECEIVED BY fee
SENATE
s.B.No_2013

Introduced by Senator EDGARDO J, ANGARA.

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

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

SECTION 1. Candidates holding elective office. - Any elective official, whether
national or local, running for any public office other than the elective position 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. - All laws, presidential decrees, executive orders, rules
and regulations, and parts thereof, which are inconsistent with the provisions of this Act,

are hereby repealed or modified accordingly.

SEC. 3. Effectivity. - This Act shall take effect fifteen (15) days following its

publication in three (3) newspapers of general circulation.

Approved,