SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
Second Regular Session ) 18 MAR 21

SENATE RECE:

committee REPORT No._ 367
Prepared and submitted jointly by the Committee on Electoral Reforms and People’s
Participation rate Se ittee on Constitutional Amendments and Revision of Codes
on

Re: Senate Bill No. 1765

Recommending its approval in substitution of Senate Bill Nos. 49, 230, 897, 1137, 1258
and 1688

Sponsor: Senator Francis Pangilinan

Mr. President:
The Committee on Electoral Reforms and People’s Participation and the Committee on
Constitutional Amendments and Revision of Codes, to which were referred Senate Bill

No. 49, introduced by Senator Panfilo M. Lacson, entitled:

“AN ACT
PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNASTIES “

Senate Bill No. 230, introduced by Senator Franklin M. Drilon, entitled:

“AN ACT
PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNASTIES”

Senate Bill No. 897, introduced by Senator Joseph Victor G. Ejercito, entitled:

“AN ACT
PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNASTIES”

Senate Bill No. 1137, introduced by Senator Grace L. Poe, entitled:
“AN ACT
DEFINING AND PROHIBITING POLITICAL DYNASTIES, PROVIDING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES”

Senate Bill No. 1258, introduced by Senator Loren B. Legarda, entitled

“AN ACT
PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNASTIES”

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and Senate Bill No. 1688, introduced by Senator Paolo Benigno Aquino IV, entitled:

“AN ACT
PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNASTIES”

have considered the same and have the honor to report biped fete Senate withthe
recommendation that the attached bill, Senate Bill No. 5, entitled:

“AN ACT
DEFINING AND PROHIBITING POLITICAL DYNASTIES, PROVIDING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES”

be approved in substitution of Senate Bill Nos. 49, 230, 897, 1137, 1258 and 1688 with
Senators Panfilo M. Lacson, Franklin M. Drilon, Joseph Victor G. Ejercito, Grace L. Poe,
Loren B. Legarda, Paolo Benigno Aquino IV, Leila M. de Lima and Francis Pangilinan as
authors thereof.

Respectfully submitted:

(0” PANGILINAN as DE LIMA

Chairperson, mittee on Constitutional Chairperson, Committee on Electoral
‘Amendments and Revision of Codes Reforms and People’s Participation
Vice Chairperson, Committee on Electoral

Reforms and People’s Participation

FRANCIS

RICHARD J. GORDON
Vice-Chairperson, Committee on Electoral Reforms and People’s Participation
Member, Committee on Constitutional Amendments and Revision of Codes

MEMBERS:
lez
LOREN-8-LEGARDA SONN'
Electoral Reforms and People’s Constitutional Amendments and
Participation; Constitutional Revision of Codes

Amendments and Revision of Codes

fatter parapet fha—

Electoral Reforms and People’s Electoral Reforms and People’s
Participation; Constitutional Participation; Constitutional
Amendments and Revision of Codes Amendments and Revision of Codes

Will (ockerpellabe {
propose anh.



PAN | LACSON
Constitttional Amendments and

Revision of Codes

JOSEPH VICTOR. EJERCITO.
Constitutional Amendments and
Revision of Codes

FRANCIS “CHIZ” G. ESCUDERO
Electoral Reforms and People’s
Participation; Constitutional
Amendments and Revision of Codes

MARIA LOURDE® NANCY S. BINAY
Electoral Reforms and People’s
Participation

CYNTHIA A. VILLAR

Electoral Reforms and People’s
Participation; Constitutional
Amendments and Revision of Codes

EMMANUEL “MANNY” D. PACQUIAO

Electoral Reforms and People’s
Participation

Wins
PAOLO BENIGNO “BAM” AQUINO IV
Constitutional Amendments and
Revision of Codes

. ;X-OFFICIO MEMBERS:
dk

Deisating/) le

Majority Leader

HON. AQUILINO “KOKO” PIMENTEL III

Senate President
Senate of the Philippines



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SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
Second Regular Session )

SENATE
Senate Bill No. 1765

(In Substitution of S. B. Nos. 49, 230, 897, 1137, 1258 and 1688)

REC

"18 MAR 21 P5 56

Prepared and submitted jointly by the Committee on Electoral Reforms and People’s
Participation and the Committee on Constitutional Amendments and Revision of Codes, with
Senators Panfilo M. Lacson, Franklin M. Drilon, Joseph Victor G. Ejercito, Grace L. Poe, Loren
B. Legarda, Paolo Benigno Aquino IV, Leila M. De Lima and Francis Pangilinan as authors

AN ACT
DEFINING AND PROHIBITING POLITICAL DYNASTIES, PROVIDING PENALTIES THEREFOR, AND
FOR OTHER PURPOSES

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

SECTION 1. Short Title. — This Act shall be known as "The Anti-Political Dynasty Act of
2018."

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to
guarantee and provide equal access to opportunities for public office and public service to
any qualified Filipino, pursuant to Section 26, Article Il of the 1987 Constitution. Towards this
end, it is hereby declared the policy of the State to prohibit political dynasties as hereinafter
defined.

SEC. 3. Definition of Terms. — For purposes of this Act, the following definitions shall be
used:

a) "National office" refers to the Presidency, the Vice-Presidency, the Senate of the

Philippines or the House of Representatives.

b) “Political Dynasty” shall refer to the concentration, consolidation and/or

perpetuation of public office and political powers by persons related to one

another within the second degree of consanguinity or affinity.



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©) “Political Dynasty Relationship” shall exist when the spouse or any relative within
the second degree of consanguinity or affinity of an incumbent elective official,
uns for public office to succeed or replace the incumbent, or runs for or holds any
elective local office simultaneously with the incumbent within the same province,
legislative district, city or municipality, and within the same barangay or barangays
within the same legislative district
The relationship also exists if the incumbent is a national elective official,
including incumbents in the party-list system, and the spouse or relatives within

the second degree of consanguinity or affinity run for any position in the national

level or in the local level as barangay captain, mayor, governor or district
representative in any part of the country.

It shall also be deemed to exist where two (2) or more persons who are
spouses, or are related to one another within the second degree of consanguinity
or affinity run simultaneously for elective public office at the national level, or at
the local level within the same province, legislative district, municipality or city,
and within the same barangay or barangays within the same legislative district,
even if neither is so related to an incumbent elective official.

d) "Spouse" shall refer to the legal or common-law wife or husband;

e) "Second civil degree of consanguinity or affinity" shall refer to the relatives of a
person who may be the latter's brother or sister, whether of full or half-blood,
direct ascendant or direct descendant, whether legitimate, illegitimate or adopted,

including their spouses; and

f) “Runs for an elective office" shall be deemed to commence upon the fi ing of the
Certificate of Candidacy by a candidate with the Commission on Elections
(COMELEC).

SEC. 4. Applicability. — This Act shall govern and be applicable to the next elections and

all subsequent elections thereafter.



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SEC. 5. Prohibited Candidates; Scenarios Covered. —

a) Any person with political dynasty relationship, as defined in Section 3 above, with

any incumbent elective official, shall not be allowed to run for or hold public office

in the following manner:

a.)

a.2)

a.3)

a.4)

a.5)

to immediately succeed or replace the said incumbent;

If the incumbent is an elective barangay official, the spouse and the above
relatives are prohibited to run simultaneously for any position in the same
barangay as well as in all the barangays in municipalities or cities within the
same legislative district;

If the incumbent is an elective official of the municipality or city, legislative
district or province, the spouse and above relatives are prohibited to run for
or hold any elective local office simultaneously with the incumbent within
the same barangay, municipality, city, legislative district or province;

If the incumbent is a national elective official, the spouse and the above
relatives are likewise prohibited to run simultaneously for any position in
the national or local level as barangay captain, mayor, governor or district
representative in any part of the country; and

If the incumbent is a barangay captain/mayor/governor or district
representative, the spouse and the above relatives are also prohibited to

run simultaneously for any position in the national level.

b) Persons who are not holding any public office shall likewise be prohibited from

running in the same election if their election will result in a political dynasty

relationship, as defined in Section 3 above: Provided, That, if persons within the

same prohibitive degree shall file for candidacy, the said persons shall be notified

by the COMELEC that only one of them shall be allowed to file, and within five (5)

days from receipt of the notice, said persons shall file a joint manifestation to the

COMELEC indicating the name of the candidate who shall pursue his or her



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candidacy and the position desired, otherwise all applications shall be deemed not
filed.

A person is deemed to be holding an elective office from the moment the public
official takes his oath of office

SEC. 6. Statement with the Commission on Elections. — Any person running for an
elective public office shall file a sworn statement with the COMELEC that he or she does not
have a political dynasty relationship prohibited under this Act.

SEC. 7. Denial Motu Proprio by COMELEC/Petition to Deny Due Course and/or Cancel
Certificate of Candidacy. - The COMELEC, motu proprio, may suspend giving due course to the
application for certificate of candidacy of any candidate/party if it becomes apparent from
the documents filed that a violation of Section 5 of this Act may have been committed. If,
upon investigation by COMELEC, there is substantial evidence to establish a violation of
Section 5 of this Act, COMELEC shall deny due course to said application for certificate of
candidacy.

A verified petition seeking to deny due course or to cancel a certificate of candidacy
may be filed by any person for violation of this Act.

SEC. 8. Summary Proceedings. - The petition may be filed at any time not later than
twenty-five days from the time of the filing of the certificate of candidacy and shall be
decided, after due notice and hearing, not later than fifteen days before the election. The
petition shall be heard and decided summarily by the COMELEC, after due notice and hearing,
and the decision shall be executed after the lapse of five (5) days from receipt thereof by the
losing party.

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, That, in cases where a disqualified candidate has been
proclaimed, he or she shall forfeit his or her right to the office upon the decision of the

COMELEC, as the case maybe.



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SEC. 9. Petition for Quo Warranto. ~ A voter contesting the election of any candidate

on the ground of violation of this Act shall file a sworn peti

n for quo warranto with the
COMELEC or House Electoral Tribunal, Senate Electoral Tribunal or Presidential Electoral, as
the case may be, within ten days after the proclamation of the results of the election.

SEC. 10. Rules and Regulations. - The COMELEC shall promulgate all the rules and
regulations necessary for the full implementation of this Act.

SEC. 11. Repealing Clause. ~ Any law, presidential decree or issuance, executive order,
or part thereof, contrary to, or inconsistent with, the provisions of this Act is hereby repealed,
modified or amended accordingly.

SEC. 12. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the Act shall remain valid and subsisting.

SEC. 13. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,