HOUSt. UF ix ENTATIVES

RECEIVE
Republic of the Philippines ED
HOUSE OF REPRESENTATIVES = pati; 2) 0) 20:6

Quezon City
Tin

SEVENTEENTH CONGRES} ey:
First Regular Session

Breet TAN LNT

HOUSE BILL No. 382

SANE ACER SERVICE

Introduced by Reps. CARLOS ISAGANI T. ZARATE, ANTONIO L. TINIO,
EMMI A. DE JESUS, FRANCE L. CASTRO, ARLENE D. BROSAS,
ARIEL B. CASILAO, and SARAH JANE I. ELAGO

AN ACT
PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNASTIES

EXPLANATORY NOTE

‘This Bill was last filed during the 16" Congress as House Bill 172 by Reps. Neri ]. Colmenares,
Carlos Isagani T. Zarate, Luzviminda C. Tagan, Emmi A. De Jesus, Antonio L. Tinio, Fernando
Hicap and Terry Ridon. The same was then consolidated by the Committee on Suffrage and
Political Reforms along with similar measures as House Bill 3587, which, unfortunately, was not
voted in plenary by the members of the 16" Congress. Bayan Muna first filed a bill on political
dynasties in 2001, or during the 8° Congress. Similar measures filed during the succeeding
Congresses were repeatedly ignored by the Chamber. It is high time that we pass a bill of great
importance, as mandated by our Constitution.

Article II, Section 26 of the Constitution expressly provides: “The State shall guarantee equal acess to
public service and prohibit political dynasty, as may be defined by law.”

Social reform is the evident agenda behind this provision and the objective is clear. ‘The extended
family system, an otherwise beneficial concept when applied to the social aspects of human
behavior, has found its pernicious effects in the political arena where public office has become
the exclusive domain of influential families and clans. Such families have become so well-
entrenched in Philippine politics they have monopolized political power and public resources at
all levels of government.

Once a politician is elected to public office, he or she immediately builds a strong political base
to ensure not only his or her re-election but also that such electoral support will extend to one’s
spouse or descendants or next of kin. These elected officials secure and consolidate their
economic interest by perpetuating their families or clans in public office — indeed, making a
dynasty out of public service. This situation is characteristic of the patronage system of politics
that hinders the development of the country.

‘A report by the United Nations Development Programme written by Prof. Temario Rivera
revealed that of the 77 provinces included in the study, 72 provinces or 94 percent have political

families. Further, the average number of political families per province is 2.31, meaning there are

1


at least two political clans in most of the provinces. According to Temario, since the restoration
of elections in 1987, most dominant political families have succeeded in winning gubernatorial
and congressional races.

‘The socio-economic and political inequities prevalent in Philippine society limit public office to
members of ruling families. In many instances, voters, for convenience and out of cultural
mindset, look up to these economically and politically dominant families as dispensers of favors,
material and otherwise, and tend to elect relatives of these politically dominant families.

[As a means to give force and effect to the social justice provisions of the Constitution which
provides for the diffusion of economic and political influence, it is necessary that the political
arena be leveled by opening public office to persons who are equally qualified to aspire on even
terms with those from politically dominant families.

In light of the foregoing, this bill is hereby proposed to give real teeth to the Constitutional
mandate and strengthen the call for new politics to lay the basis of greater empowerment for the
greater number of Filipinos.

Passage of this long-delayed Bill is, thus, earnestly sought.

Approved,

.

Rape San

Rep. 1 “ZARATE
Bayan

luna Partylist

Aeris

Rep. EMMI A. BE JESUS
Gabriela Women’s Party

ond
Re ENED. BROSAS
sriela Women's Party

Rep. ARIEL B. CASILAO
Annakpawis Partylst



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session
oy
HOUSE BILL No. 2¥*

Introduced by Reps. CARLOS ISAGANI T. ZARATE, ANTONIO L. TINIO,
EMMI A. DE JESUS, FRANCE L. CASTRO, ARLENE D. BROSAS,
ARIEL B. CASILAO, and SARAH JANE I. ELAGO

AN ACT
PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNASTIES

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

SECTION 1. Title. — ‘This Act shall be known as ‘The Anti-Political Dynasty Act of 2016.”

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

SECTION 3. Definition of Terms. - The following terms, as used herein, shall mean:

1. Political Dynasty ~The concentration, consolidation or perpetuation of public
office and political power by persons related to one another.

2. Political Dynasty Relationship — Exists when a person who is the spouse of an
incumbent elective official or a relative within the second civil degree of
consanguinity or affinity of an incumbent elective official holds or runs for an
elective office simultaneously with the incumbent elective official within the same
city and/or province or occupies the same office immediately after the term of office
of the incumbent elective official.

A 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 cun simultaneously for elective public office within the same city and/or
province, even if neither is so related to an incumbent elective official.

3. Spouse — Shall refer to the legal or common law wife or husband of the incumbent
elective official.

4. Second Civil Degree of Consanguinity or Affinity ~ Shall include the relatives of
a person who may be the latter's brother or sister, direct ascendant or direct
descendant, whether legitimate or illegitimate, full or half blood, including their
spouses.



5. Term Limits Shall mean the maximum term limits for elected public officials as
provided for in the Constitution,

6. 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
(COMELEO).

7. Holding an Elective Office — Shall be deemed to commence ftom the moment the
public official takes his or her oath of office.

SECTION 4. Applicability. — This Act shall govern and be applicable to the next elections and
to all subsequent elections thereafter. In the case of incumbent elected officials who have
political dynasty relationships with one another in the same city and/or province, they shall be
allowed to run in all subsequent elections until they reach their term limit as provided by law.

SECTION 5. Persons Covered; Prohibited Candidates. - No spouse, ot person related
within the second degree of consanguinity or affinity, whether legitimate or illegitimate, full or
half blood, to an incumbent elective official secking re-election shall be allowed to hold or sun
for any clective office in the same province 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 holding or running for
any local elective office within the same province in the same election.

Inall cases, no person within the prohibited civil degree of relationship to the incumbent
shall immediately sueceed to the position of the latter: Provided however, that this Section shall not
apply to Punong Barangays or members of the Sangguniang Barangay.

SECTION 6. Statement with the Commission on Elections. — Any person running for any
lective public office except for that of Barangay official, shall file a sworn statement with the
COMELEC that he or she does not have a political dynasty relationship with an incumbent
elective official running for an elective public office in the same city and/or province other than
1 of the position earlier mentioned.

SECTION 7. Effect of Violation of Prohibition. ~The COMELEC shall, motu propio ot upon
verified petition of any interested party, deny due course to any certificate of candidacy filed in
violation of this Act and the votes cast for the disqualified candidate, if any, shall not be counted
and deemed not counted nor shall such candidate be proclaimed nor be qualified to assume
office.

SECTION 8. Period for Filing Petition for Disqualification. — Any citizen of voting age,
candidate ot 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 5
hereof.



In the event a candidate disqualified under this Act shall have been proclaimed and has assumed
office, his or her political dynasty relationship shall be a ground for disqualification in
appropriate quo warranto or other proceedings.

SECTION 9. Summary Proceedings. ~The petition shall be heard and decided summarily by
the COMELEC, after due notice and hearing, and its decision shall be executory after the lapse
of five (8) days from receipt thereof by the losing party.

SECTION 10. Effect of Petition if Unresolved Before Completion of Canvass. — lf 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 strong, 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 where disqualified candidate has
been proclaimed he or she shall ipso facto forfeit his or her right to the office.

SECTION 11. Rules and Regulations. ~The COMELEC shall promulgate the rules and
regulation for the implementation of the provisions of this Act.

SECTION 12. Repealing Clause. — All laws inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SECTION 13. Separability Clause. — If any of the sections or provisions of this Act is held
invalid, all the other provisions not affected thereby shall remain valid.

SECTION 14. Effectivity Clause. — ‘This Act shall take effect fifteen (15) days from the date
of its publication in at least two (2) newspapers of general circulation in the Philippines

Approved,