FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 3629

EXPLANATORY NOTE

Batas Pambansa Bilang 881 (BP881), otherwise known as the Omnibus
Election Code provides that persons holding an appointive office or position are
automatically resigned on the date of filing of the certificate of candidacy
Subsequent election laws, Republic act No. 8436 (Automated Elections Act) and
Republic Act No. 9006 (Fair Elections Act), were both silent on this rule, thereby
making BP 681 still the applicable law insofar as the deemed resigned provisions for
appointive office is concerned

Then came Republic Act No. 9369, which amended RA No. 8436, but still
retained the deemed resigned provision for appointive officials. However, since RA
No, 9369 adjusted the deadline for the filing of the certificate of candidacy to an
earlier date, confusions arose on the interpretation as to the exact time of the
deemed resignation, whether at the time of the time of the filing of the certificate of
candidacy or during the start of the campaign period.

There is need to clarify the law on appointive public officials as they file their
certificate of candidacy

We should continue with the long honored rule that appointive public officials
shall be considered resigned upon the filing of their respective certificates of
candidacy for public positions

There is a marked distinction between appointive public officials from elective
public officials from elective public officials. Unlike their elective counterparts who

have fixed term as willed by the electorate, appointive officials are either co-terminus


with their appointive authority or career officials who are prohibited from
electioneering and partisan activity.

Appointive officials can also utilize vast government resources for their
political operation if not considered resigned when they file their certificates of
candidacy

Passage of this bill is eamestly sought

RUFU$ B. RODRJ/GUEZ

Yih

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 3629

AN ACT
MANDATING THAT APPOINTIVE PUBLIC OFFICAILS ARE CONSIDERED
RESIGNED FROM THEIR OFFICES UPON THEIR FILING OF THE CERTIFICATE
OF CANDIDACY FOR ANY ELECTIVE PUBLIC POSITION

Be it enacted by the Se
Congress assembled.

fe and House of Repre:

‘ative of the Philippines in

Sec. 1. Candidates Holding Appointive Office — Any person holding a public
appointive office or position, regardless of rank or position, who has filed a
certificate, including active members of the Armed Forces of the Philippines. and
officers and employees in government-owned or controlled corporations, shall be

considered automatically

igned from his/her office upon filing his/ her certificate of

candidacy for any elective public office.

Sec. 2. Disqualification — Any appoint

ive official who does not vacate his/her office
upon filing hisfher certificate of candidacy shall automatically be disqualified for the
elective position that he/she seeking and shall not be eligible to assume the
functions of the elective offic:

that F

he is seeking

Sec. 3. implementing Rules and Regulations — The Commission on Elections shall
adopt such rules and regulations for proper and effective implementation of this Act

within thirty (30) days from its effectivity.

Sec. 4. Separability Clause — Any portion or provisions of this Act that may be

declared unconstitutional or invalid shall not have that effect of nullifying other



portions and provisions hereof as long as such remaining portion or provision can

still subsist and be given effect in their entirety.

Sec. 5. Repealing Clause - Section 15 of Republic Act No. 8436. As amended by
Section 13 of Republic 13 Republic Act 9369, is hereby amended accordingly. All
laws, Presidential Decrees, Executives orders, rules and regulations or any other
issuances or parts thereof inconsistent with this Act are hereby repealed or
amended

Sec. 6. Effectivity - This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in a newspaper of general circulation

Approved