HOUSE OF RERRMESENTATIVES

SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

H.B. No. 914

REGISTRATION UNIT
BILLS AND INDEX SERVICE

Introduced by Representative Herminio Harry L. Roque Jr.

AN ACT
DEFINING AND PROHIBITING THE ESTABLISHMENT OF
POLITICAL DYNASTIES
EXPLANATORY NOTE

The Constitution, Article 2, Section 26 provides:

The State shall guarantee equal access to opportunities for public
service and prohibit political dynasties as may be defined by law.

Our Constitution was ratified in 1987. It is now 26 years since we ratified the
Constitution. But during this entire time of more than two decades, Congress has
failed to comply with its constitutional duty to pass a law defining and prohibiting
political dynasties, Self-interest naturally ensures that members of Congress who will
be adversely affected by any political dynasty law will vote and actively campaign
against it.

The Constitutional Commission of 1986 failed to respond to a problem it had
already recognized. Instead of directly dealing with the problem by creating rules to
remedy the situation, it left the matter to an institution, the Congress, many of whose
members suffer from a conflict of interest on the subject of political dynasties.

Today, the Philippines is now conceivably the world capital of political

dynasties. The result of 26 years of deliberate inaction by legislators is that based on


the 2010 elections, today there are 178 dominant political dynasties. At the House of
Representatives, 74 percent or 170 representatives belong to political families. In the
Senate, 80 percent or 18 of the current 23 senators are members of political families.
In the party-list system, 91 percent or 52 seats are held by millionaires and
multimillionaires.

‘The Philippines has 80 provinces. Of these, 94 percent, meaning 73 out of 80,
have political dynasties. In every province, there are at least two political families.

The Constitution regards political dynasties as evil, because in effect they
constitute a monopoly of political power inside a democracy, the Constitution of
which explicitly provides that every qualified Filipino should have an equal
opportunity for public service.

And yet, political dynasties who have ruled for more than 30 years include 6
families. Political dynasties who have ruled for more than 20 years include at least 61
families. On the other hand, political dynasties who have ruled 12 to 18 years include
53 political families,

Political dynasty is anathema in a democracy, because in one geographical
area, one family controls power, corruption, the military, the police, and illegal
activities such as illegal gambling, drug smuggling, gun smuggling, and smuggling of
various other objects banned by law. In this manner, political dynasties have become
invulnerable and constitute an open defiance of our Constitution, thus blatantly
undermining the rule of law.

Political dynasties are both results and manifestations of our failure to reform

the electoral system, inability to create a sizable educated middle class, and the


continuing success of the politics of personality. Political dynasties are also
problematic for our democracy because they effectively disqualify otherwise highly
qualified prospective public officers, create more opportunities for corruption, and
generate cynicism about public service.

Admittedly, it is very difficult and complicated to provide a definition of
political dynasty. But we can define political dynasty by specifying the situation, The
bill imposes a prohibition on relatives within the second civil degree of consanguinity
or affinity. On the local level, this bill prohibits such relatives from running for public
office at the same time, within the same province, city or municipality. The bill also
covers situations where relatives occupy national positions such as the House of
Representatives and the Senate of the Philippines. Concentration of political power
today is no longer just local, but also national, most likely because of the greater
efficiency and nationalized impact of various systems of information dissemination.

The bill also covers situations where two or more persons who are spouses or
are related within the second civil degree of consanguinity or affinity run
simultaneously for elective local or national public office within the same province,
city or municipality, or same local or national office, even if neither is so related to an
incumbent elective local or national official.

This strategy of identifying situations indicative of the existence of political
dynasties is better than the more difficult task of defining political dynasties. Under
this bill, all we need to show is the presence of a relationship between candidates and
incumbents in order to seek their disqualification. We therefore only have to identify

who among the candidates and incumbents are related within the prohibited degree of


affinity and consanguinity to be able to enforce the anti-dynasty principle of our

Constitution.
The bill operates by allowing petitions for disqualification to be filed before the

Comelec whenever such prohibited situations are identified.'

quew

HERMINIO HARRY L. ROQUE JR.

' This bill was originally filed during the Thirteenth Congress, First Regular Session,
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SEVENTEENTH CONGRESS OF THE REPUBLIC )

OF THE PHILIPPINES )

First Regular Session )
HOUSE OF REPRESENTATIVES

H.B.No. 94

Introduced by Representative Herminio Harry L. Roque Jr.

AN ACT.
DEFINING AND PROHIBITING THE ESTABLISHMENT OF
POLITICAL DYNASTIES
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as “The Anti-Political

Dynasty Act.”

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State
to guarantee equal access and opportunity to public office and public service. Towards
this end, it is likewise declared the policy of the State to prohibit political dynasties as

defined in Section 3 of this Act.

SECTION 3. Definition of Terms. — As used in this Act, the term:

(a) “National office” shall refer to the Senate of the Philippines or the House of
Representatives.

(b) “Political dynasty” shall exist when a person who is the spouse or relative
within the second civil degree of consanguinity or affinity of an incumbent
elective local or national official holds or runs for an elective office
simultaneously with the incumbent local or national elective official within the
same province, city or municipality or occupies the same local or national
office immediately after the term of office of the incumbent local or national

elective official.


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

(©) “Spouse” shall refer to the legal and common-law wife or husband of an
incumbent elective official;

(©) “Second civil degree of consanguinity or affinity” shall refer to the relatives of
a person who may be the latter's brother or sister, whether of full or half-blood, direct

ascendant or direct descendant, whether legitimate, i

legitimate or adopted, including
their spouses;

(4) “Runs for an elective office” shall be deemed to commence upon the filing of
the certificate of candidacy by a candidate with the Commissions on Elections;

(©) “Hol

1g an elective office” shall be deemed to commence from the moment
the public official takes his oath of office; and

(f) “COMELEC” shall refer to the Commission on Elections.

SECTION 4. Persons Covered; Prohibited Candidates. — No spouse or person
related within the second degree of consanguinity or affinity, whether legitimate or
illegitimate, to an incumbent elective official seeking reelection shall be allowed to hold
or run for any elective office within the same province, city or municipality or the same
office in the same election. In case the constituency of the incumbent elective official is
national in character, the above relatives shall be disqualified from running only within
the same province where the former is a registered voter.

In case where none of the candidates is related to an incumbent elective official
within the second degree of consanguinity or affinity, but are related to one another

within the said prohibited degree, they, including their spouses, shall be disqualified from


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holding or running for any local elective office within the same province or for any
national office in the election.

In all cases, no person within the prohibited degree of relationship to the
incumbent elective official shall immediately succeed to the position of the latter whether
at the local or national level: Provided, however, that this section shall not apply to

Punong Barangays or members of the Sangguniang Barangay.

SECTION 5. Effect of Violation of Prohibition. - The COMELEC shall motu
proprio or upon a verified petition of any interested party deny due course to any

certificate of candidacy filed in violation of this Act.

SECTION 6. 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 4 of this Act.

SECTION 7. Summary Proceedings. — The petition shall be heard and decided
summarily by the COMELEC, after due notice and hearing, and its decision shall be

executed after the lapse of five (5) days from receipt thereof by the losing party.

SECTION 8. 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 in the
counting and canvassing: Provided however, that if the basis for such disqualification is
substantial, 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


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where the disqualified candidate has been proclaimed, he or she shall ipso facto forfeit

his right to the office.

SECTION 9. Implementing Rules and Regulations. - The COMELEC shall

promulgate the rules and regulations for the implementation of the provisions of this Act.

SECTION 10. Separability Clause. — If any provision or part hereof is held invalid
‘or unconstitutional, the remainder of the Act or the provision not otherwise affected shall

remain valid and subsisting.

SECTION 11. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule, or regulation contrary to
or inconsistent with the provisions of this Act is hereby repealed, modified, or amended

accordingly.

SECTION 12. Effectivity Clause. — This Act shall take effect fifteen (15) days

after its publication in at least two (2) newspapers of general circulation.

Approved,

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