FOURTEENTII CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
Third'Regular Session 
) 
SENA TE 
S. B.No. 354ry 
INTRODUCED BY THE HONORABLE MAR ROXAS 
EXPLANATORY NqTE 
Public appointive officials have always found themselves in a unique situation during period 
of elections brought about by numerous legislations on the subject, starting with the laws prior to 
Batas Pambansa Bilang 881 (BP 88i), otherwise known as the Omnibus Election Code, namely: (i) 
Section 22 of Commonwealth Act No. 357 (CA No. 357); (ii) Section 26 of Republic Act No. 180, 
otherwise known as the Revised Election Code; (iii) Section 23 of Republic Act No. 6388, otherwise 
known as the Election Code of 1971; and (iv) Presidential Decree No. 1296, otherwise known as the 
1978 Election Code. All of the said laws essentially provided the same thing: Person holding an 
appointive office or position is automatically resigned o"n the date of filing of the certificate of 
candidacy. 
' 
BP 881 essentially retained the rules on deemed resignations for appOlUtive officials. 
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 881 as still the applicable 
law insofar as the deemed resigned provision for appointive officials 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 filing of the certificate of candidacy or 
during the start of the campaign period. Considering the numerous statutory amendments involving 
public appointive officials, specifically on when they are cpnsidered as ipso facto resigned, there is a 
need to settle, through amendatory legislation, the exact m?ment of such deemed resignation. 
Certainly, appointive officials are placed on a different plane. 
Unlike their elective 
counterparts who have fixed terms as willed by the electorate, appointive officials are either co-
terminus with, or serve at the pleasure of, their appointing authority. Those who are not co-
terminus, however, such as career officials, are mandated by the Constitution not to engage in 
electioneering and partisan political activities. Moreover., most of these appointive officials have 
effective access and control over the utilization of the national budget and the execution of laws and 
regulations, placing then in an undue advantage during th~ conduct of elections, as the possibility of 
abuse or misuse of authority is greater with them. 
Thus, for the purpose of maintaining honesty and integrity in public service, this bill 
mandates that all public appointive officials, regardless of rank or position, who have filed their 
certificates of candidacy, shall be considered automatically resigned from their offices six (6) months 
before the election day. Failure to vacate their offices shall automatically disqualify them and make 
them ineligible for the elective office they seek. 


FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
354:7 
s. B. No. _=.:::~-'--
INTRODUCED BY THE HONORABLE MAR ROXAS 
AN ACT 
TO PREVENT GOVERNMENT MACHINERY ABUSE AND TO PROMOTE 
EQUALITY AND FAIRNESS IN LOCAL AND NATIONAL ELECTIONS, 
WHILE MAINTAINING HONESTY AND INTERGRITY IN PUBLIC 
SERVICE, BY MANDATING THAT PUBLIC APPOINTIVE OFFICIALS ARE 
CONSIDERED AUTOMATICALLY RESIGNED FROM THEIR OFFICES SIX 
MONTHS BEFORE THE ELECTION DAY, AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
CHAPTER I.' 
2 
GENERAL PROVISIONS 
3 
SECTION 1. Title. This Act shall be known as the "No Government Machinery Abuse 
4 
During Elections Law" 
5 
SEC. 2. Declaration of Policy - It is the policy 6f the State to ensure free, orderly, fair 
6 
equal, honest, peaceful, and credible elections, while at the same time assuring and 
7 
maintaining honesty and integrity in public service, in order that public service operations of 
8 
appointive officials shall remain unhampered and free from any and all kinds of partisan 
9 
political activities. 
10 
SEC. 3. Candidates Holding Appointive Office - Any person holding a public 
11 
appointive office or position, regardless of rank or position, who has filed a certificate of 
12 
candidacy, including active members of the Armed Forces of the Philippines, and officers 
13 
and employees in government-owned or controlled corporations, shall be considered 
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1 
automatically resigned from hislher office six (6) months before the election day. 
2 
SEC. 4. Disqualification - Any appointive offiCial who does not vacate hislher office 
3 
six (6) months before the election day shall automatically be disqualified for the elective 
4 
position that he/she is seeking and shall not be eligible to assume the functions of the elective 
5 
office that helshe is seeking. 
., 
6 
SEC. 5. Implementing Rules and Regulations '- The Commission on Elections shall 
7 
adopt such rules and regulations for the proper and effective implementation of this Act 
8 
within thirty (30) days from its effectivity. 
9 
SEC. 6. Separability Clause - Any portion or. provisions of this Act that may be 
10 
declared unconstitutional or invalid shall not have the effect of nullifying other portions and 
11 
provisions hereof as long as such remaining portion or provision can still subsist and be given 
12 
effect in their entirety. 
• 
13 
SEC. 7. Repealing Clause - Section 15 of Republic Act No. 8436, as amended by 
14 
Section 13 of Republic Act No. 9369, is hereby amended accordingly. All laws, Presidential 
15 
Decrees, Executive Orders, rules and regulations or, any other issuances or parts thereof 
16 
inconsistent with this Act are hereby repealed or amended. 
17 
SEC. 8. Effectivity - This Act shall take effect after fifteen (15) days following its 
18 
publication in the Official Gazette or in a newspaper of general circulation. 
19 
Approved, 
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