Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No,__77

Introduced by Hon. Bernadette S. Barbers

AN ACT PROHIBITING POLITICAL TURNCOATISM AND PROVIDING
PENALTIES THEREFOR

EXPLANATORY NOTE

Section 10, Article XI! (C) of the 1973 Constitution provides that “no candidate
for elective public office may change his political party affiliation within six months
immediately preceding or following the elections.” In addition, Pres. Ferdinand Marcos
promulgated Presidential Decree No. 1667-A entitled “Prohibiting Members of the
Interim Batasang Pambansa From Changing Political Parties During Their Term Of
Office.”

However, the cited provision which prohibits political turncoatism is not found
in the 1987 Constitution.

As a result, political turncoatism became a popular practice in the Philippine
politics especially during election period. Due to lack of ideological grounds for political
party, members tend to shift to another party when opportunity comes or when there
is a need for them to survive. They change political party to continue access to
valuable resources of the President. They will drop every ounce of principles in
exchange for power. This clearly manifests the personality-based politics in the
country.

This phenomenon weakens the Philippine party system that undermines
democracy. With the enactment of this bill, political turncoat will be penalized. This Act
will ensure a genuine party system and promote party loyalty, discipline and
adherence to ideological principles. This will also provide us hope that societal change
can be achieved for a progressive nation

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

REP. BERNADETTE S. BARBERS
24 District, Surigao del Norte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 11

Introduced by Hon. Bernadette S. Barbers

AN ACT PROHIBITING POLITICAL TURNCOATISM AND PROVIDING
PENALTIES THEREFOR

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 “Anti-Political Prostitute
Act.”

SEC. 2. Declaration of Policy. — \t is hereby declared the policy of the State
to punish turncoatism to ensure a genuine party system. The State shall promote party
loyalty, discipline and adherence to the party's ideological principles, platform and
programs.

SEC. 3. Definition of Political Turncoatism. — As used in this Act, Political
Turncoatism refers to the change of political party af tion during an elective official’s
term of office. It shall also refer to the change of political party affiliation by any party
member within a period of one (1) year immediately preceding or following an election.
It shall further apply to independent candidates and party-list candidates who, after
participating in an election, shall join any political party within a period of one (1) year
following such election regardless whether he won or lost. Provided, That political
turncoatism shall not apply in any of the following instances:

(1) Change in party affiliation before the effectivity of this Act;

(2) Abolition, merger or coalition of political parties where a candidate is a
registered member thereof, and

(3) Expulsion in writing of the party member from his political party. Provided,
That the cause for such does not constitute political opportunism. Political
opportunism refers to any act of a party member constituting disloyalty to the
party, or non-adherence to the party's ideological principles, platform and
programs, as determined by the party in accordance with its constitution and
by-laws.

SEC. 4. Prohibition on Political Turncoatism. — No elective public officer may
change his political party affiliation during his term of office, and no candidate for any
elective public office may change his political party affiliation within one (1) year
immediately preceding an election and one (1) year following such election in which


he participated but lost. if the candidate is an independent or a party-list member, he
may not join any political party within one (1) year following such election in which he
participated, regardless whether he won or lost. Notwithstanding the prohibition, the
right of an elective public official to resign from his political party remains provided that
he will not join any other party within one (1) year immediately preceding or following
an election.

SEC. 5. Penalties for Political Turncoatism. — Political Turncoats shall be:

(a) Deemed to have forfeited his office, if he is an elected official who changes
political party affiliation during his term within the periods prohibited;

(b) Disqualified from running in the next two (2) succeeding elections regardless
whether he is independent or under another political party, party-list,
aggroupment or coalition;

(c) Disqualified from being appointed to any position in any public or
government office for three (3) years after the expiration of the current term
or office for which he was elected or the term of office that he vied for;

(d) Disqualified from assuming any executive or administrative position in
his/her new political party; and

(e) Directed to refund any and all amounts he/she received from his/her political
party, plus twenty-five percent (25%) surcharge thereon.

SEC. 6. Disclosure Membership. - All political parties shall furnish the
Commission on Election complete lists of their members upon approval of this Act and
update such lists every six (6) months thereafter,

SEC. 7. Failure to Disclose and/or Update membership. — Failure by any
political party to disclose membership and/or update its list every six (6) months
thereafter shall be penalized by suspension of its accreditation for one (1) year for the
first offense, and cancellation of its accreditation for the succeeding offense;

SEC. 8. Petition to Declare a Political Turncoat. — Any citizen of voting age,
or any candidate, political party, or coalition of political parties, may file with the
Commission on Elections a petition to declare a political turncoat subject to the
penalties under this Act

SEC. 9. Repealing Clause. ~ All laws, orders, issuances, circulars, rules and
regulations or parts thereof, which are inconsistent with the provisions of this Act are
hereby repealed, modified, or amended accordingly

SEC. 10. Separability Clause. — If any provision of this Act is declared
unconstitutional or invalid, other parts or provisions hereof not affected thereby shall
continue to be in full force and effect.


SEC. 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,