REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill No.

Introduced by KABATAAN PARTY-LIST Rep. Raoul Danniel A. Manuel

AN ACT
PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNASTIES

EXPLANATORY NOTE

This bill was last filed during the 17ili Congress as House Bill 332 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 |. Elago. Bayan Muna Party-List first filed a bill prohibiting political
dynasties in 2001, during the 12th Congress. Similar measures filed during the succeeding
Congresses were repeatedly ignored by the Chamber. Itis high time that we pass a bill of great
importance, as mandated by our Constitution. "

Article I, Section 26 of the Constitution expressly provides: "The State shall guarantee equal
access fo public service and prolibil political dynasty, as mqy 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 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. Even the party-list system - supposedly to give the
marginalized and under represented sectors opportunity to participate in the lawmaking process
- is now also dominated by political families and big economic interests.

The socio-economic and political inequities prevatent 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 pubiic 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.

t/

REP.RAOUL DANNIEL A. MANUEL
Kabataan Party-list


COVE HRONS

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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bil No 2157 _

Introduced by KABATAAN PARTY-LIST Rep. Raoul Danniel A. Manuel

AN ACT
PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNASTIES

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

SECTION 1. Tide. -This Act shall be known as ‘The Anti-Political Dynasty Act of 2019."
SECTION 2. Declaration of Policy. - \tis 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, shal! 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 simuitaneously 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 run simultaneously for elective public office within the same city and/or
province, even if neither is so related to an incumbent elective official

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



evonsen

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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
(COMELEC)

Holding an Elective Office - Shall be deemed to commence from 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, or person related
within the second degree of consanguinity or affinity, whether legitimate or illegitimate, full or
half blood, to an incumbent elective official seeking re-election shall be allowed to hold or run
for any elective 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

In all cases, no person within the prohibited civil degree of relationship to the incumbent
shall immediately succeed 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
elective 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
that of the position earlier mentioned

SECTION 7. Effect of Violation of Prohibition. - The COMELEC shall, motu propio or 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 or 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


eo nnone

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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 (5) days from receipt thereof by the losing party.

SECTION 10. Effect of Petition if Unresolved Before Completion of Canvass. - 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 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 the Official Gazette or any newspaper of general circulation.

Approved,