Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3231
House Bill No,

Introduced by: REP. EDGAR MARY S. SARMIENTO

EXPLANATORY NOTE

In the 17" Congress and at the onset of this 18" Congress, this representation filed House Bill
no. 92, or “An act amending sections 12 and 68 of Batas Pambansa Bilang 881, also known
as the Omnibus Election Code, disqualifying persons convicted or sanctioned in any court,
tribunal or body from being declared as a candidate or from holding any public office
pending appeal of conviction, where the penalty imposed includes temporary or perpetual
disqualification.”

The aforementioned bill reinforces the importance of the Constitutional provision that “A
public office is a public trust”! and protects the sanctity of candidacy for public office and
every person’s right of suffrage.

This bill takes the aforementioned measure forward by applying the same notion to appointed
and designated officials.

This will prevent the appointment or designation into public office of persons facing
convictions with penalties including temporary or perpetual disqualification, despite pending
appeals therefrom. It will prevent the appointment of any person against whom a court,
tribunal or administrative body found compelling evidence to decide on his/her guilt. It will
stop these people from relying further on the benefits of filing an appeal and the rule that
penalties shall not be made executory pending such appeal.

' Section 1, Article XI, 1987 Constitution


This House Bill intends to address the pressing need to amend the Revised Administrative
Code (Executive Order no. 292), particularly Book V, Title I, Subtitle A, Chapter 8 to ensure
that the sanctity of appointments for public office is protected and to avoid the consequences
of allowing those already sentenced to be disqualified from still being appointed into public
office. Hence this bill

eo

EDGAR MARY S. S. ENTO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. gest

Introduced by: REP, EDGAR MARY S. SARMIENTO

AN ACT AMENDING SECTION 54, CHAPTER 8, SUBTITLE A, TITLE I, BOOK V,
OF EXECUTIVE ORDER NO, 292, ALSO KNOWN AS THE REVISED
ADMINISTRATIVE CODE OF 1987, ADDING AS PROHIBITION OR

DISQUALIFICATION FROM APPOINTMENT OR DESIGNATION IN ANY
PUBLIC OFFICE THE CONVICTION OR SANCTION IN ANY COURT,
TRIBUNAL OR BODY PENDING APPEAL OF CONVICTION WHERE THE
PENALTY IMPOSED INCLUDES TEMPORARY OR PERPETUAL
DISQUALIFICATION

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

SECTION 1. Section 54, Chapter 8, Subtitle A, Title I, Book V, of Executive Order
no. 292, also known as the Revised Administrative Code of 1987 is hereby amended to read
as follows:

“SECTION 54, Limitation on Appointment. —

(1) No elective official shall be eligible for appointment or designation in any
capacity to any public office or position during his tenure.

(2) No candidate who has lost in any election shall, within one year after
election, be appointed to any office in the Government or any government-
owned or controlled corporations or in any of its subsidiaries

(3) Unless otherwise allowed by law or by the primary functions of his position,
no appointive official shall hold any other office or employment in the


Government or any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries.

(ei person eho has_hetn declared by competent anthoriy dosane. or

si for whi

GirHeC REE aEn Eee ee
sentenced to a penalty of more thant eighteen months or for any. ru ote

shall unless
has been given plenary pardon or. noe py

Should_th POF. ing the_s¢ ve_above mentioned be
4 a ny RY shall sti

disqualified from nt or designation until such time thi VErSeS
the conviction and acquits such person.

srson convicted or sanctio) other offence not covered by the
preceding paragraphs _in_any court, tribunal_or body shall likewise be
disqualified from being appointed or designated into any public office pending
appeal of such conviction or sanction, where the penalty imposed includes
femporary or perpetual disqualification,

M1 ions Me ded shall be deemed
removed upon the declaration by competent authority that said insanity or
incompetence had been removed unless within the same period he again

ain

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

SECTION 3. Effectivity — This Act shall take effect fifteen (15) days after its
publication in a newspaper of general circulation

Approved,