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Republic of the Philippines
HOUSE OF REPRESENTATIVES °,
Quezon City

16" CONGRESS
Third Regular Session

6146

House Bill No. __

Introduced by Honorable EVELINA G. ESCUDERO

EXPLANATORY NOTE

This bill proscribes appointive officials, specifically heads of departments and
agencies of government, from running in the elections immediately succeeding their
incumbency.

Section 27, Article II of the Constitution declares as State policy the maintenance of
honesty and integrity in the public service and to take positive and effective measures against
graft and corruption. Undeniably, heads of government agencies, especially department
secretaries, wield considerable political power and influence’ given their positions in
government. The law that mandates appointive officials as automatically, or ipso facto,
resigned upon the filing of the certificate of candidacy, should they decide to run for public
office, may prove to be insufficient. The interim between the said resignation and the date of
elections renders ineffective the purpose of the law to avoid the use of the authority and
influence that go with the office to win an elective seat. To the contrary, such power in
government can even be better positioned and planned to the detriment of public service and
interest,

Moreover, Executive Order No. 292, series of 1987, or the Administrative Code of
1987, and Batas Pambansa Blg. 881, or the Omnibus Election Code, as amended, generally
prohibit partisan political activity as well as the use of authority or influence to coerce the
political activity of other person or body

With these constitutional and statutory bases, it is humbly submitted that due
consideration and deliberation must be had in enacting a law that can effectively address any
form of abuse and peddling of power and/or influence attendant to significant appointive
positions in government for the purpose of securing an elective position.

Ciiacedlte |

EVELINA G. ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
Third Regular Session

House BillNo._ 6146

Introduced by Honorable EVELINA G. ESCUDERO

AN ACT
PROHIBITING HEADS OF DEPARTMENTS AND AGENCIES OF GOVERNMENT
FROM RUNNING FOR ANY ELECTIVE POSITIONS IN THE ELECTIONS
IMMEDIATELY SUCCEEDING THEIR INCUMBENCY AND FOR OTHER
PURPOSES

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

SECTION 1. Declaration of State Policy. ~ It is hereby declared a policy of the
State to equalize the playing field in the elections. Toward this end, securing the mandate of

the people shall be on the basis of, among others, qualification and merit.

SEC. 2. Prohibited Act. ~ It shall be unlawful for any head of agencies of government
to run for any elective positions in the elections immediately succeeding their inoumbency
regardless of tenure and severance from office.

For purposes of this Act, heads of agencies of government shall refer to the
highest appointive position in a department, bureau, authority, administration or any
government agency such as secretaries of departments, and heads of government
agencies and  instrumentalities, including government owned and controlled
corporations, and government financial institutions. It shall in no manner refer to a
government official holding any elective position.

SEC. 3. Separability Clause. — If any part or provision of this Act is held
unconstitutional or invalid, the other parts or provisions hereof which are not affected
thereby, shall continue to be in full force and effect.

SEC. 4. Repealing Clause. — All laws, decrees, rules and regulations or other
issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SEC. 5. Effectivity. ~ This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or at least two (2) newspapers of general circulation.

Approved,