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BY:

Republic of the Philippines
HOUSE OF REPRESENTAT!
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

2134

HOUSE BILL No. ©

RECISTRATION UNIT
BILLS AND INuEK SERVICE

Introduced by: REPRESENTATIVE HENRY S. OAMINAL

EXPLANATORY NOTE

Since the pre-Martial law era, Philippine politics had been dominated
largely by political families eventually depriving those capable leaders, who had
no connection to the ruling elite, to join the political fray.

In order to broaden the political landscape and provide the electorates
with a wider choice in electing political leaders, the framers of the 1987
Constitution ensures that political dynasty in the Philippine would be a thing of
the past by incorporating therein a provision that will prohibit the
establishment of political dynasties. Specifically, Section 26, Article II of the
Constitution provides as follows:

“Section 26. The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as
may be defined by law.”

However, twenty-nine years (29) had passed after the ratification of the
1987 Constitution and five (5) Presidents had already completed their respective
terms of office, the political dynasty prohibition remains a dream for most
Filipinos as Congress failed to enact an enabling law that will implement this
one of the most important features ever introduced in the Philippine
Constitution.

It is worthy to emphasize that this bill considers political dynasty when
more than two persons related to each other by consanguinity or affinity run or
hold public office.

Under the administration of His Excellency President Rodrigo R. Duterte,
it is expected that change will indeed come particularly in the political
landscape where a window of opportunity for public service shall be accessible
to all in a level playing field, However, the journey will commence only upon
approval of this bill, which secks to prohibit the establishment of political
dynasties, as an enabling act to thy@forementioned Constitutional provision.

In view of the foregoing rek bppr: f this bill is earnestly
sought.

Second District, Misami§ Occidental



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 2134

Introduced by: REPRESENTATIVE HENRY S. OAMINAL

AN ACT
PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNASTIES

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 “The Anti-
Political Dynasty Act Act.”

SEC. 2. Declaration of Policy. - It is hereby declared the policy of
the State to ensure equal access, opportunity to public office and wider
choice to the electorates. Toward this end, the establishment of political
dynasties shall be banned by the State

SEC. 3. Definition of Terms. — As used in this Act, the following
terms shall mean:

a. Political Dynasty - refers to the concentration,
consolidation or perpetuation of public office and political
power by persons related to each other. There is political
dynasty when more than two persons related to each
other by consanguinity or affinity run or hold public
office;

b. Spouse refers to the legal or common law wife or
husband of the incumbent elective official;

c. Second Degree of Consanguinity or Affinity - shall
include the relatives of a person who may be the latter’s
brother or sister, direct ascendant or direct descendant
whether legitimate or illegitimate, full or half blood,
including their spouses;

a. Running for an elective office shall commence upon
the filing by a candidate of the certificate of candidacy
with the Commission on Elections (COM



e. Holding an elective office shall commence from the
moment the public official takes his or her oath of office;

Sf. Commission - refers to the Commission on Elections.

SEC. 4. Applicability. - The prohibition under this Act shall
govern and be applicable to the next regular national and local elections
and subsequent elections thereafter.

SEC. 5. Prohibited Candidates. - Not more than one (1) person
related within the second degree of consanguinity or affinity, whether
legitimate or illegitimate, full or half blood, to an incumbent official
seeking re-election shall be allowed to hold or run for any local or
national elective office in the same election.

In case more than one (1) of the candidates are related to an
incumbent elective official within the second degree of consanguinity
affinity, only one (1) of them, excluding the incumbent official seeking
election, shall be allowed to hold or run for public office: Provided,

however, That, in the event no one of the related candidate voluntarily
withdraws his or her candidacy, the Commission shall settle the matter
through a raffle or drawing of lots among the concerned candidates to
determine only two (2) winners, who will be allowed to run for public
office

SEC. 6. Statement with the Commission. - Any person running
elective public office shall file a sworn statement with the
ion that he or she does not have a political dynasty relationship
with an incumbent elective official running for any elective public office.

SEC. 7. Effect of Violation. - The Commission shall, motu propio
or upon a verified petition of any citizen of voting age, deny due course to
any certificate of candidacy filed in violation of this Act. The votes cast for
the disqualified candidate, if any, shall not be counted and deemed not
counted nor shall such candidate be proclaimed nor shall he or she be
qualified to assume office.

SEC. 8. Period for Filing the Petition for Disqualification. -
Any citizen of voting age, candidate or duly registered political party,
organization, coalition of political parties may file with the Commission,
after the last day for filing of certificates of candidacy and before
proclamation, a petition to disqualify a candidate on grounds provided
for under Section 5 hereof.

SEC. 9. Summary Proceedings. - The Commission shall, after
due notice and hearing, decide summarily on the petition and its
decision shall be executory after the lapse of five (5) days from receipt
thereof by the losing party.


SEC. 10. Effect of Petition if Unresolved Before Completion of
Canvass. - If the petition, for reasons beyond the control of the
Commission, cannot be decided before the completion of canvass, the
for the respondent shall be included in the counting and
ssing: Provided, however, That if the basis for such disqualification
is strong, the proclamation shall be suspended notwithstanding the fact
that the person received the majority of the votes in the election
Provided, further, in cases where disqualified candidate has been
proclaimed, he or she shall ipso facto forfeit his or her right to the office.

SEC. 11. Implementing Rules and Regulations. - The
Commission shall, within sixty (60) days after the effectivity of this Act,
issue the necessary rules and regulation to implement the provisions of
this Act

SEC. 12. Repealing Clause. - All laws, presidential decrees,
executive orders, rules and regulations which are inconsistent with this
Act are hereby amended, repealed or modified accordingly.

SEC. 13. Separability Clause. - If, for any reason or reas
part or provision of this Act shall be declared unconstitutional or invalid,
other parts or provisions hereof which are not affected thereby, shall
continue to have full force and effect.

SEC. 14. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,