HRS

Republic of the Philippines PCNA
HOUSE OF REPRESENTATIVES ,
Quezon City 2A TT JUL 2016...
Link. Wo Ban
SEVENTEENTH CONGRESS x TD
First Regular Session » Dorel

House Bill No. 1349)

Introduced by Rep. Edcel C. Lagman

EXPLANATORY NOTE

The ipso facto resignation of any elective official upon filing of a certificate of
candidacy for a position other than for which he has been elected or is holding was
previously decreed by Sec. 67 of the Omnibus Election Code (Batas Pambansa Big. 881),
which reads in full:

Sec. 67. Candidates holding elective office. - Any elective official,
whether national or local, running for any office other than the one which he
is holding in a permanent capacity, except for President and Vice-President,
shall be considered ipso facto resigned from his office upon the filing of his
certificate of candidacy.

The aforequoted Section was amended by the first proviso in the third paragraph of
Section 11 of Republic Act No. 8436 (Automated Election System Act) which made the
resignation effective upon the start of the campaign period, to wit:

“x x x Provided, That, any elective official, whether national or local, running
for any office other than the one which he/she is holding in a permanent capacity,
except for president and vice-president, shall be deemed resigned only upon the
start of the campaign period corresponding to the position for which he/she is
running: x x x”

The automatic resignation upon filing of a certificate of candidacy or upon the start
of the campaign period of any elective incumbent running for a different position had been
repealed by the “Fair Election Act” (R.A. No. 9006), Sec. 14 of which provides:

Sec. 14. Repealing Clause. - Sections 67 and 85 of the Omnibus
Election Code (Batas Pambansa Big. 881) and Sections 10 and 11 of Republic
Act No. 6646 are hereby repealed. As a consequence, the first proviso in
the third paragraph of Section 11 of Republic Act No. 8436 is
rendered ineffective. All laws, presidential decrees, executive orders, rules
and regulations, or any part thereof inconsistent with the provisions of this
Act are hereby repealed or modified or amended accordingly. (Emphasis
supplied).

This repeal was not in the House version (H.B. No. 9000), as approved on third
reading, when it was transmitted to the Senate. It appears that the repeal was later
provided unwarrantedly because it had no basis in the substantive provisions of the “Fair
Election Act” and had no relevance whatsoever with the regulation of election propaganda,
which was the principal purpose for the enactment of R.A. No. 9006. Verily, it was a last-
minute rider.



Section 26 of Comelec Resolution No. 3636 implementing the “Fair Election Act”
provides:

Effect of Filing Certificate of Candidacy of Elective Officials. —
Any elective official whether national or local, who has filed a certificate of
candidacy for the same or any other office shall not be considered
resigned from his office. (Emphasis supplied).

With the foregoing repeal, elective officials, more particularly and almost singularly
incumbent Senators, vie for different positions in presidential or mid-term elections during
their term of office without forfeiting their position as Senator in the eventuality of a lost
bid. Except also for elective barangay officials whose terms expire sometime after the
election of national and local officials, incumbents in other elective positions whose term of
office are for three (3) years could not avail of the benefits of the “non-forfeiture” clause
because their incumbency ends shortly after the concerned presidential or midterm
elections, for which reason they have no position to return to in the event of electoral
defeat.

This practice of allowing defeated candidates to reassume their position after the
election must be jettisoned from our statute books for the following reasons:

1. An elective official must serve out his term consistent with the people’s
mandate, otherwise he must forfeit his office if he runs for another position during his
term.

zz The present practice of reclaiming one’s position violates the equal
protection clause because only a group of elected officials are benefited.

Z Ethics in politics demands automatic forfeiture for incumbents running for a
different position while their terms subsists.

4. Running for another position during one’s incumbency must be considered
abandonment of an elective position.

5. This class legislation and unethical practice is anathema to fair elections,
despite the fact that the repeal of the then jpso facto resignation provision was imbedded
in the “Fair Election Act”.

Thus, the import of this bill, restoring the automatic resignation of any elective
incumbent running for a different position during his/her term upon filing of the
corresponding certificates of candidacy, merits its immediate enactment.

ee

EDCEL C. LAGMAN



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Frist Regular Session

House Bill No.1349

Introduced by Rep. Edcel C. Lagman

AN ACT
DECLARING AN ELECTIVE OFFICIAL IPSO FACTO RESIGNED FROM HIS OFFICE
UPON FILING OF HIS CERTIFICATE OF CANDIDACY FOR A POSITION OTHER
THAN THE ONE FOR WHICH HE HAS BEEN ELECTED OR IS HOLDING INA
PERMANENT CAPACITY

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

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

SEC. 2. Repealing Clause. - All laws, presidential decrees, executive orders, rules
and regulations and any 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 is held
unconstitutional or invalid, other provisions thereof which are not affected shall continue to
be in full force and effect.

SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days following its
publication in at least two (2) newspapers of general circulation, which publication shall be
made within seven (7) days from the approval of this Act. =

AF

Approved,