FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 
535 !'lECEM::D av:~, 
.. 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPJ-ANATORY NOTE 
Section 67 of Batas Pambansa Bilang 881, otherwise known as the Omnibus 
Election Code provides that an elective official running for a public office other 
the one he is currently holding in a permanent capacity, except for the positions 
for President and Vice-president, is considered resigned from office upon the 
filing of his certificate of candidacy. 
This law has been criticized for abetting the unfair and unequal treatment of 
candidates. The law is biased to those who aspire for the offices of Presidency 
and Vice-presidency, giving losing candidates utmost comfort and privilege of 
reclaiming back their offices. On the other hand, the law denies the same benefit 
and privilege to aspirants for other elective positions, regarding them ipso facto 
resigned regardless of the outcome of the election. 
More importantly, this policy has helped promote political adventurism and 
negates the policy against nuisance candidates. The law provides a constant 
source of encouragement for incumbent elective officials, who nurture the 
thinking that since they have nothing to lose, they might as well aspire for the two 
highest offices despite knowledge that they have no chance of winning at all. 
This has unduly saddled the Commission on Elections with unnecessary 
administrative and operational burden. 
This already untenable situation was further exacerbated by the passage of 
Republic Act No. 9006, otherwise known as the Fair Elections Practices Act, 
which repealed altogether Section 67 of BP 881. As the law now stands, any 
elective public official can run for any other public office other than the one he is 
holding without the risk of losing said office. 
It is believed that this faulty public policy should be corrected at once by restoring 
back the old law. 
In so doing, the constitutional edict to all public officials to 
serve the people with utmost loyalty and not trifle with the mandate, which their 
constituents have entrusted to them, is preserved and honored. 
For these reasons, passage of this bil.1 is earnestly sought. 
Y EJERCITO ESTRADA 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
1 Q 
~JUL 
SENATE 
Senate Bill No. 
535¥i,::CEIV£D BY:-P. 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
DECLARING AN ELECTIVE OFFICIAL IPSO FACTO RESIGNED FROM HIS 
OFFICE UPON THE FILING OF HIS CERTIFICATE OF CANDIDACY 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Candidates holding elective office. - Any elective official, whether 
national or local, running for any public office other than the one which he is 
holding in a permanent capacity shall be considered ipso facto resigned from his 
office upon the filing of the certificate of candidacy. 
SEC 2. Repealing Clause. - Certain sections of Republic Act 9006, otherwise 
known as the "Fair Elections Practices Act" and all laws, presidential decrees, 
executive orders, rules and regulations, and part thereof, which are inconsistent 
with the provisions of this Act, are hereby repealed or modified accordingly. 
SEC 3. 
Separability Clause. -
If any part or provision of this Act shall be 
declared as unconstitutional or invalid, other provisions hereof which are not 
affected shall continue to be in full force and effect. 
SEC 4. 
Effectivity. - This Act shall take effect fifteen (15) days following its 
, 
publication in three (3) newspapers of general circulation. 
Approved,