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SIXTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
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SEP -5 P5 :49 
S.No. 1580 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 26 provides: 
The State .shall guarantee equal access to opportunities for public service 
and prohibit political dynasties as may be defined by law. 
Our Constitution was ratified in 1987. 
It is now 26. years Sillce .we ratified. the. 
Constitution. But during this entire time of more than two decades, Congress has failed to 
comply with its constitutional duty to pass a law defining and prohibiting political dynasties. 
Self-interest naturally ensures that members of Congress who will be adversely affected by any 
political dynasty law will vote and acti'lely campaign against it. 
The Constitutional Commission of 1986 failed to respond to a problem it had already 
recognized. 
Instead of directly dealing with the problem by creating rules to remedy the 
situation, it left the matter to an institution, the Congress, many of whose members suffer from a 
conflict of interest on the subject of political dynasties. 
Today, the Philippines is now conceivably the world capital of political dynasties. The 
result of 26 years of deliberate inaction by legislators is that based on the 2010 elections, today 
there are 178 dominant political dynasties. At the House of Representatives, 74 percent or 170 
representatives belong to political families. In the Senate, 80 percent or 18 of the current 23 
senators are members of political families. In the party-list system, 91 percent or 52 seats are 
held by millionaires and multimillionaires. 
The Philippines has 80 provinces. Of these, 94 percent, meaning 73 out of 80, have 
political dynasties. In every province, there are at least two political families. 
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The Constitution regards political dynasties as evil, because in effect they constitute a 
monopoly of political power inside a democracy, the Constitution of which explicitly provides 
that every qualified Filipino should have an equal opportunity for public service. 
And yet, political dynasties who have ruled for more than 30 years include 6 families. 
Political dynasties who have ruled for more than 20 years include at least 61 families. On the 
other hand, political dynasties who have ruled 12 to 18 years include 53 political families. 
Political dynasty is anathema in a democracy, because in one geographical area, one 
family controls power, corruption, the military, the police, and illegal activities such as illegal 
gambling, drug smuggling, gun smuggling, and smuggling of various other objects banned by 
law. 
In this manner, political dynasties have become invulnerable and constitute an open 
defiance of our Constitution, thus blatantly undermining the rule oflaw. 
Political dynasties are both results and manifestations of our failure to reform the 
electoral system, inability to create 'a sfzilble educated middle class, and the continuing success of 
the politics of personality. Political dynasties are also problematic for our democracy because 
they effectively disqualify otherwise highly qualified prospective public officers, create more 
opportunities for corruption, and generate cynicism about public service. 
Admittedly, it is very difficult and complicated to provide a definition of political 
dynasty. But we can define political dynasty by specifying the situation. The bill imposes a 
prohibition on relatives within the second civil degree of consanguinity or affinity. On the local 
level, this bill prohibits such relatives from running for public office at the same time, within the 
same province, city or municipality. The bill also covers situations where relatives occupy 
national positions such as the House of Representatives and the Senate of the Philippines. 
Concentration of political power today is no longer just local, but also national, most likely 
because of the greater efficiency a:nd"mitioiialized impact of various systems of information 
dissemination. 
The bill also covers situations where two or more persons who are spouses or are related 
within the second civil degree of consanguinity or affinity rnn simultaneously for elective local 
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or national public office within the same province, city or municipality, or same local or national 
office, even if neither is so related to an incumbent elective local or national officiaL 
This strategy of identifying situations indicative of the existence of political dynasties is 
better than the more difficult task of defining political dynasties. Under this bill, all we need to 
show is the presence of a relationship between candidates and incumbents in order to seek their 
disqualification. We therefore only have to identifY who among the candidates and incumbents 
are related within the prohibited degree of affinity and consanguinity to be able to enforce the 
anti-dynasty principle of our Constitution. 
The bill operates by allowing petitions for disqualification to be filed before the Comelec 
whenever such prohibited situations are identified.' 
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. {JIi' MIRIAM DEF~~SOR siMnAfu 
• This bill was originally filed during the Thirteenth Congress, First Regular Session. 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 
1580 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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DEFINING AND PROHIBITING THE ESTABLISHMENT OF 
POLITICAL DYNASTIES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as "The Anti-Political Dynasty Act." 
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SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
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guarantee equal access and opportunity to public office and public service. Towards this end, it is 
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likewise declared the policy of the State to prohibit political dynasties as defined in Section 3 of 
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this Act. 
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SECTION 3. Definition of Terms. - As used in this Act, the term: 
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(a) "National office" shall refer to the Senate of the Philippines or the House of 
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Representatives. 
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(b) "Political dynasty" shall exist when a person who is the spouse or relative within the 
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second civil degree of consanguinity or affinity of an incumbent elective local or 
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national official holds or runs for an elective office simultaneously with the 
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incumbent local or natioqal elective official within the same province, city or 
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municipality or occupies the same local or national office immediately after the term 
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of office of the incumbent"lucal or-national elective official. 
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Political dynasty shall also be deemed to exist where two (2) or more persons who are 
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spouses or are related within the second civil degree of consanguinity or affinity run 
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simultaneously for elective local or national public office within the same province, city or 
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municipality, or same local or national office, even if neither is so related to an incumbent 
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elective local or national official. 
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(b) "Spouse" shall refer to the legal and common-law wife or husband of an incumbent 
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elective official; 
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(c) "Second civil degree of consanguinity or affinity" shall refer to the relatives of a 
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person who may be the latter's brother or sister, whether of full or half-blood, direct ascendant or 
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direct descendant, whether legitimate, illegitimate or adopted, including their spouses; 
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(d) "Runs for an elective office" shall be deemed to commence upon the filing of the 
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certificate of candidacy by a candidate with the Commissions on Elections; 
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(e) "Holding an elective office" shall be deemed to commence from the moment the 
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public official takes his oath of office; and 
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(f) "COMELEC" shall refer to the Commission on Elections. 
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SECTION 4. Persons Covered;. Prohibited Candidates. - No spouse or person related 
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within the second degree of consanguinity or affinity, whether legitimate or illegitimate, to an 
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incumbent elective official seeking reelection shall be allowed to hold or run for any elective 
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office within the same province, city or municipality or the same office in the same election. In 
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case the constituency of the incumbent elective official is national in character, the above 
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relatives shall be disqualified from running only within the same province where the former is a 
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registered voter. 
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In case where none of the candidates is related to an incumbent elective official within 
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the second degree of consanguinity or affinity, but are related to one another within the said 
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prohibited degree, they, including their spouses, shall be disqualified from holding or running for 
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any local elective office within the same province or for any national office in the election. 
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In all cases, no person within the prohibited degree of relationship to the incumbent 
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elective official shall immediately succeed to the position of the latter whether at the local or 
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national level: Provided, however, that this section shall not apply to Punong Barangays or 
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members ofthe Sangguniang Barangay. 
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SECTION 5. Effict of Violation of Prohibition. - The COMELEC shroill motu proprio or 
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upon a verified petition of any interested party deny due course to any certificate of candidacy 
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filed in violation of this Act. 
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SECTION 6. Period for Filing Petition for Disqualification. - Any citizen of voting age, 
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candidate, or duly-registered political party, organization, or coalition of political parties may file 
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with the COMELEC, after the last day for filing of certificates of candidacy and before 
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proclamation, a petition to disqualify a candidate on grounds provided for under Section 4 of this 
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Act. 
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SECTION 7. Summary Proceedings. - The petition shall be heard and decided summarily 
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by the COMELEC, after due notice and hearing, and its decision shall be executed after the lapse 
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of five (5) days from receipt thereof by the losing party. 
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SECTION 8. Effect of Petition if Unresolved Before Completion of Canvass. - If the 
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petition, for reasons beyond the control of the COMELEC, cannot be decided before the 
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completion of the canvass, the votes cast for the respondent shall be included in the counting and 
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canvassing: Provided however, that if the basis for such disqualification is substantial, his or her 
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proclamation shall be suspended notwithstanding the fact that he or she received the winning 
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number of votes in the election: Provided further, that in cases where the disqualified candidate 
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has been proclaimed, he or she shall ipso facto forfeit his right to the office. 
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SECTION 9. Implementing Rules and Regulations. - The COMELEC shall promulgate 
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the rules and regulations for the implementation of the provisions of this Act. 
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SECTION 10. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 11. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
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with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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