Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. Ww

Introduced by Hon. Robert Ace S. Barbers

EXPLANATORY NOTE

Section 10, Article Xil (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 wilLerfSure}p genuine party
system and promote party loyalty, discipline and adherence to ideologigAf principles. This will also
provide us hope that societal change can be achieved for a progressi

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

R: ROBERACE S. BARBERS
2-A\pistrict4urigao del Norte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.

Introduced by Hon. Robert Ace 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.”

SECTION 2. Declaration of Policy. ~ It 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.

SECTION 3. Definition of Political Turncoatism. — As used in this Act, Political Turncoatism
refers to the change of political party affiliation 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.

SECTION 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. Ifthe 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.

SECTION 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;

(4) 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.

SECTION 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;

SECTION 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;

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 11. Effectivity Clause. — The Act shall take effect fifteen (15) days after its
Publication in at least two (2) newspapers of general circulation.

Approved.