Republic of the Philippines R ECEIVED |
HOUSE OF REPRESENTATIVES Bq SEP 082

Quezon City TEE
Eighteenth Congress
First Regular Session
nouse sino. 4432

Introduced by Honorable Deogracias Victor ‘DV’ B. Savellano

EXPLANATORY NOTE

Article VII Section 15 of the 1987 Constitution provides that two months immediately before the
next presidential elections and up to the end of his term, a President or Acting President shall not make
appointments, except temporary appointments to executive positions when continued vacancies therein
will prejudice public service or endanger public safety.

As can be inferred from the preceding paragraph, the highest law of the land mandates the
proscription of appointments to political offices made during the last two months of the term of
office of the person in whom the right of making such appointment is vested. Unfortunately,
there is no law yet that proscribes appointive officials from seeking public posts immediately
after the expiration of their appointments,

In line with the development plan of the current administration, particularly, to curb the
incidents of corruption, this bill will necessarily curtail one of the avenues of corruption by
cutting short the dreams of aspiring albeit unscrupulous public officials who accumulated ill-
gotten wealth from their political positions.

Needless to say, the prevalent trend in the political spectrum is constructing
confidential positions as a catapult for appointive officials to hoist them to target elective
positions. As a consequence, such officials abuse their positions to acquire tangible and
intangible resources to place them in a better footing in the elections immediately after the
expiration of their respective appointments.

Such unwarranted footing is comprehensive enough to assure the departing appointive
official a seat in the national or local elections. The ill-gotten wealth is just one of the factors
which make the passage of this bill imperative. Of equal importance is the familiarity of the
appointive position clothes the aspiring candidate and the undue influence he or she may exert
in order gain advantage from other candidates.


Lastly, the lack of statute promotes the unconscionable concentration of powers in an
individual as the void allows appointive officials to run without any convenience, likewise, after
the cessation of their respective appointments.

In view of the foregoing, the passage of this bill is eamestly sought.

r DV" B. Savellano
District, locos Sur


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL NO. _ 4432

Introduced by Honorable Deogracias Victor ‘DV’ B. Savellano

AN ACT
PROHIBITING APPOINTIVE OFFICIALS FROM RUNNING FOR ELECTIVE POSITIONS
WITHIN THREE YEARS IMMEDIATELY PRECEDING THE EXPIRY DATE OF THEIR
APPOINTMENT

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title - This Act shall be known as the “MIDNIGHT ELECTIONS” of 2019.”

SECTION 2. Declaration of Policy - The State recognizes the proscription on the part of the President
or Acting President to make appointments two months immediately before the next presidential elections
and up to the end of his term, except temporary appointments to executive positions when continued
vacancies therein will prejudice public service or endanger public safety.

SECTION 3. Definition of Terms ~ As used in this Act:

a) “Government Agency” shall include the executive, legislative and judicial branches, as
well as, the constitutional bodies of the Republic of the Philippines, including but not limited to, the
national government and all its agencies, departments, bureaus, offices and instrumentalities,
constitutional commissions and constitutionally mandated bodies, local governments and all their
agencies, regulatory agencies, chartered institutions, government owned and/or controlled corporations,
wholly-owned or controlled subsidiaries, government financial institutions, state universities and colleges.

b) “Coordinating Office” shall mean the agency duty-bound to facilitate the processing of
requirements and handle administration duties as may be required by the agency mandated to enforce and
implement the objectives stated herein.

SECTION 4. Implementation — There shall be established implementing rules and regulations, taking
into account relevant government agencies and instrumentalities, particularly those with regulatory
powers, to effectuate the objectives expressed herein, as well as, integration of the Midnight Elections ban
in the internal rules of affected agencies.


SECTION 5. Supervision — There shall be established government agencies in charge of enforcing
pertinent laws, rules and regulations to accomplish the purposes stated herein, which shall be under the
supervision and control of the Commission on Elections (COMELEC).

SECTION 6. Coordination - The Office of the President (OP) shall furnish COMELEC, with respect to
its appointees, any written communication or documents necessary to accomplish the objectives set forth
herein, as well as, aid the latter with whatever requirements found to be indispensable for carrying out the
provisions, likewise stated herein, .

SECTION 7. Funding - The COMELEC shall include in the Commission’s annual budget a fund
dedicated to cover the expenses incurred by OP in furnishing pertinent documents and aiding the former
in administration and facilitation duties, the funding of which shall be included in the annual General
Appropriations Act.

SECTION 8. Keeping of Records ~ The day to day operations, with respect to those appointees that may
fall under the proscription and any other transactions relevant to this act, of COMELEC AND OP shall be
recorded.

SECTION 9, Exemption from Compliance ~ Government Agencies not exercising regulatory functions
or those agencies that may be considered as insignificant in regard to duties and annual income generated
or with regard to the objectives of this bill, are exempted from this Act.

SECTION 10. Separability Clause ~ If any section or part of this Act is held unconstitutional, no other
section or provision shall be affected.

SECTION 11. Repealing Clause ~ All laws, decrees, executive orders, rules and regulations, issuances
or any part thereof inconsistent with the provisions of this Act, are deemed repealed.

SECTION 12. Effectivity - This Act shall take effect fifteen (15) days after its publication in two (2)
newspapers of general circulation.

Approved,