Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House pitt No.2131

Introduced by Representative LEILA M. DE LIMA

ANACT
DEFINING AND PROHIBITING POLITICAL DYNASTIES, PROVIDING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Article Il, Section 26 of the 1987 Constitution provides that “[t]he State shall
guarantee equal access to opportunities for public service, and prohibit political
dynasties as may be defined by law.” However, almost four decades after the
ratification of the Constitution, and despite numerous attempts from both the Senate
and the House of Representatives to fulfil this Constitutional mandate, there is yet to
exist an enabling law to prohibit political dynasties.

The persistence of political dynasties in today's political landscape is not only
a clear violation of the Constitution but also a hindrance to the country's development
and democratization.

Findings from several studies conducted in the Philippines show that provinces
dominated by political dynasties are “less likely to experience good govemance in
terms of (a) infrastructure and development, (b) spending on health, (c) prevention of
crime, (d) full employment, and (e) the quality of government" and are among the
poorest, “afflicted by low levels of human development, bad governance, violence, and
poor business climates."

‘ Tusalem, R. & Pe-Aguirre, J. (26 June 2013). The Effect of Political Dynasties on Effective
Democratic Govemance: Evidence From the Philippines. Asian Politics and Policy. Retrieved from
https://doi.org/10.1111/aspp.12037.

2 Albert, J.R.G., Mendoza, R., Yap, D.B., and Cruz, J.F. (August 2015). Regulating political dynasties
toward a more inclusive society. Philippine Institute for Development Studies. Retrieved
https:/www_pids. gov. ph/publication/policy-notes/regulating-political dynasties-toward-a-more-
inclusive-society.


Political dynasties limit spaces for political competition and contestation as
power is concentrated within the dynasty or family,? discouraging and at times directly
blocking alternative leaders from entering the political arena.

While defenders of political dynasties often argue that elected officials
belonging to political dynasties are still chosen by the people nonetheless, these
arguments negate the fact that in jurisdictions where political dynasties are deeply
entrenched, elections no longer serve as effective mechanisms of accountability that
reflect the elected official's track record and performance in delivering public goods
and services. Instead, the political capital accrued by dynasties over time is used to
dominate elections in favor of the dynasty's candidates, thus disincentivizing positive
reforms and good governance and undermining effective democracy.

The Constitutionally-mandated enactment of legislation prohibiting political
dynasties is long overdue. The current state of development and democracy in the
country, dominated by political dynasties both in the local and national levels, further
substantiates the necessity of such legislation.

In 2018, during the 17" Congress, this representation as then Senator, signed
along with 12 others, a committee report approving Senate Bill No. 1765, the
consolidated version of the proposed Anti-Political Dynasty Act of 2018. This
representation was then the Chairperson of the Senate Committee on Electoral
Reforms and People's Participation which, jointly with the Senate Committee on
Constitutional Amendments and Revision of Codes then chaired by Senator Francis
Pangilinan, tackled the various anti-political dynasty bills then pending.

In the 18" Congress, bills prohibiting political dynasties were filed by Senators
Francis Pangilinan, Franklin Drilon, Grace Poe, and Panfilo Lacson in the Senate, and
by Representatives Lawrence Fortun and Rodante Marcoleta in the House of
Representatives. In the 19 Congress, similar bills were filed by Senators Grace Poe
and Robinhood Padilla in the Senate, and by Representative Raoul Manuel in the
House of Representatives. In the 20" Congress, Senator Francis Pangilinan and
Representatives Antonio Tinio and Renee Co again filed bills on the same subject.
This bill fully adopts the bill filed by Senator Francis Pangilinan in the 20" Congress.

Early approval of this measure is eamestly sought.

deste DE LI .

3 Ibid,
“Albert, J.R.G., et al. (August 2015).


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 2131
Introduced by Representative LEILA M. DE LIMA

AN ACT
DEFINING AND PROHIBITING POLITICAL DYNASTIES, PROVIDING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES

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

SECTION. 1. Short title. - This Act shall be known as the “Anti-Political Dynasty
Act of 2025."

SEC. 2. Declaration of Policy. ~ It is hereby declared the policy of the State to
guarantee and provide equal access to opportunities for public office and public
service to any qualified Filipino, pursuant to Section 26, Article Il of the 1987
Constitution. Towards this end, it is hereby declared the policy of the State to prohibit
political dynasties as hereinafter defined.

SEC. 3. Definition of Terms. — For purposes of this Act, the following definitions
shall be used:

(a) National office shall refer to the Presidency, the Vice-Presidency, the
Senate of the Philippines, or the House of Representatives;

(b) Political dynasty shall refer to the concentration, consolidation, and/or
perpetuation of public office and political powers by persons related to one another
within the second degree of consanguinity or affinity;

(©) Political dynasty relationship shall exist when the spouse or any relative
within the second degree of consanguinity or affinity of an incumbent elective official,
runs for public office to succeed or replace the incumbent, or runs for or holds any
elective local office simultaneously with the incumbent within the same province,

1


legislative district, city, or municipality, and within the same barangay or barangays
within the same legislative district.

The relationship also exists if the incumbent is a national elective official,
including incumbents in the party-list system, and the spouse or relatives within the
second degree of consanguinity or affinity run for any position in the national level or
in the local level as barangay captain, mayor, governor, or district representative in
any part of the country.

It shall also be deemed to exist where two (2) or more persons who are
‘spouses, or are related to one another within the second degree of consanguinity or
affinity run simultaneously for elective public office at the national level, or at the local
level within the same province, legislative district, city, or municipality, and within the
‘same barangay or barangays within the same legislative district, even if neither is so
related to an incumbent elective official.

(d) Spouse shall refer to the legal or common-law wife or husband of an
incumbent official;

(e) 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, illegitimate, or adopted, including
their spouses; and

(f) 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).

SEC. 4. Applicability. - This Act shall govern and be applicable to the next
elections and all subsequent elections thereafter.

SEC. 5. Prohibited Candidates; Scenarios Covered. —

(a) Any person with a political dynasty relationship, as defined in Section 3 of
this Act, with any incumbent elective official, shall not be allowed to run for or hold
Public office in any of the following manner.

i. To immediately succeed or replace the said incumbent;

ii, If the incumbent is an elective barangay official, the spouse and the
above relatives are prohibited to run simultaneously for any position in
the same barangay as well as in all the barangays in municipalities or
cities within the same legislative district;


iii, Ifthe incumbent is an elective official of the municipality, city, legislative
district, or province, the spouse and above relatives are prohibited to run
for or hold any elective local office simultaneously with the incumbent
within the same barangay, municipality, city, legislative district, or
province;

iv. Ifthe incumbent is a national elective official, the spouse and the above
relatives are likewise prohibited to run simultaneously for any position in
the national or local level as barangay captain, mayor, governor, or
district representative in any part of the country; and

v. If the incumbent is a barangay captain, mayor, governor, or district
representative, the spouse and the above relatives are also prohibited to
run simultaneously for any position in the national level.

(b) Persons who are not holding any public office shall likewise be prohibited
from running in the same election if their election will result in a political
dynasty relationship, as defined in Section 3 above: Provided, That if
persons within the same prohibitive degree shall file for candidacy, the said
persons shall be notified by the COMELEC that only one of them shall be
allowed to file, and within five (5) days from receipt of the notice, said
persons shall file a joint manifestation to the COMELEC indicating the name
of the candidate who shall pursue his or her candidacy and the position
desired, otherwise all applications shall be deemed not filed.

A person is deemed to be holding an elective office from the moment the public
official takes his oath of office.

SEC. 6. Statement with the Commission on Elections. - Any person running for
an elective public office shall file a sworn statement with the COMELEC that he or she
does not have a political dynasty relationship prohibited under this Act.

SEC. 7. Denial Motu Proprio by the COMELEC/Petition to Deny Due Course
and/or Cancel Certificate of Candidacy. - The COMELEC, motu proprio, may suspend
giving due course to the application for a certificate of candidacy of any candidate if it
becomes apparent from the documents filed that a violation of Section 5 of this Act
may have been committed. if, upon investigation by the COMELEC, there is
substantial evidence to establish a violation of Section 5 of this Act, the COMELEC
shall deny due course to said application for a certificate of candidacy.

A verified petition seeking to deny due course or to cancel a ceftificate of
candidacy may be filed by any person for violation of this Act.


SEC. 8. Summary Proceedings. - The petition may be filed at any time not later
than twenty-five (25) days from the time of the filing of the certificate of candidacy and
shall be decided, after due notice and hearing, not less than fifteen (15) days before
the election. The petition shall be heard and decided summarily by the COMELEC,
after due notice and hearing, and the decision shall be executed after the lapse of five
(6) days from receipt thereof by the losing party.

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, That in cases where a
disqualified candidate has been proclaimed, he or she shall forfeit his or her right to
the office upon the decision of the COMELEC, as the case may be.

SEC. 9. Petition for Quo Warranto. — A voter contesting the election of any
candidate on the grounds of violation of this Act shall file a sworn petition for quo
warranto with the COMELEC or House Electoral Tribunal, Senate Electoral Tribunal,
or Presidential Electoral Tribunal, as the case may be, within ten (10) days after the
proclamation of the results of the election.

SEC. 10. Rules and Regulations. - The COMELEC shall promulgate all the rules
and regulations necessary for the full implementation of this Act.

SEC. 11. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the provisions not affected thereby shall continue to be in full force
and effect.

SEC. 12. Repealing Clause. - All laws, executive orders, presidential decrees,
presidential proclamations, letters of instruction, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed, modified, or amended
accordingly.

SEC. 13. Effectivity. - This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation in the
Philippines.

Approved,