SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 1976

EXPLANATORY NOTE.

This bill was originally introduced as House Bill No. 3629 by the undersigned Rufus
B. Rodriguez during the 15" Congress where it was approved by the Committee on Suffrage
and Electoral Reforms and substituted by House Bill No. 5481. It was subsequently
approved on 2™ reading, approved on 3” reading and was transmitted to the Senate where
it was not acted upon.

Batas Pambansa Bilang 881 (BP881), otherwise known as the Omnibus Election
Code provides that persons holding an appointive office or position are automatically
resigned on the date of filing of the certificate of candidacy. 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 stil the applicable law insofar as
the deemed resigned provisions for appointive office 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 time of the filing of the certificate of candidacy or during the start of the campaign period.

There is need to clarify the law on appointive public officials as they file their
certificate of candidacy.

We should continue with the long honored rule that appointive public officials shall be
considered resigned upon the filing of their respective certificates of candidacy for public
positions.

There is a marked distinction between appointive public officials from elective public
officials from elective public officials. Unlike their elective counterparts who have fixed term
as willed by the electorate, appointive officials are either co-terminus with their appointive
authority or career officials who are prohibited from electioneering and partisan activity

Appointive officials can also utilize vast government resources for their political
operation if not considered resigned when they file their certificates of candidacy.

In view of the foregoing, immediate passage of this bill is earnestly sought.

MAXIMO B. RODRIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__19'76

AN ACT
PROVIDING FOR THE DISQUALIFICATION OF ANY PERSON HOLDING A PUBLIC
APPOINTIVE OFFICE WHO FAILS TO VACATE A PUBLIC APPOINTIVE OFFICE ON
THE DAY OF FILING OF THE CERTIFICATE OF CANDIDACY FOR ANY ELECTIVE
POSITION, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8436, AS AMENDED

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

Sec. 1. Section 15 of Republic Act No. 8436, as amended is hereby further amended to read
as follows:
"SEC.15. Official Ballot. - The Commission shall prescribe the
format of the electronic display andlor the size and form of the
official ballot, which shall contain the titles of the position to be
filled and/or the proposition to be voted upon in an initiative,
referendum or plebiscite. Where practicable, electronic displays
must be constructed to present the names of all candidates for the
same position in the same page or screen, otherwise, the
electronic displays must be constructed to present the entire ballot
to the voter, in a series of sequential pages, and to ensure that the
voter sees all of the ballot options on all pages before completing
his or her vote and to allow the voter to review and change all
ballot choices prior to completing and casting his or her ballot.
Under each position to be filled, the names of candidates shall be
arranged alphabetically by surname and uniformly indicated using
the same type size. The maiden or married name shall be listed in
the official ballot, as preferred by the female candidate. Under
each proposition to be vote upon, the choices should be uniformly
indicated using the same font and size
XXX XXX XXX

"For this purpose, the Commission shall set the deadline
for the filing of certificate of candidacy/petition of
registration/manifestation to participate in the election. Any person
who files his certificate of candidacy within this period shall only
be considered as a candidate at the start of the campaign period
for which he filed his certificate of candidacy: Provided, That,
unlawful acts or omissions applicable to a candidate shall effect
only upon that start of the aforesaid campaign period: Provided,
[finally] FURTHER, That any person holding a public appointive
office or position, including active members of the armed forces,
and officers, and employees in government-owned of-controlled
corporations, shall be considered ipso factor resigned from his/her
office and must vacate the same at the start of the day of the filing


of [his/her certification] THE CERTIFICATE of candidacy:
PROVIDED, FINALLY, THAT ANY APPOINTIVE OFFICIAL
WHO FAILS TO VACATE THE OFFICE ON THE DAY OF
FILING THE CERTIFICATE OF CANDIDACY SHALL BE
AUTOMATICALLY DISQUALIFIED AS CANDIDATE FOR THE
ELECTIVE POSITION AND SHALL NOT BE ELIGIBLE TO
ASSUME THE FUNCTIONS OF THE ELECTIVE OFFICE,

XXX XK XXX

Sec. 2. Repealing Clause —All laws, decrees, executive orders, rules and regulations or
parts thereof inconsistent with the provisions of this Act are hereby repealed or modififed
accordingly.

Sec. 3. Separability Clause ~ If, for any reason, any part or provision of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not affected thereby shall
remain in full force and effect.

Sec. 4. Effectivity — This Act shall take effect after fifteen (15) days after its publication in the
Official Gazette or two (2) newspapers of general circulation.

Approved,