Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill No. 1476

Introduced by Rep. Edcel C. Lagman
EXPLANATORY NOTE

The ipso facto resignation of any elective official upon filing of a
certificate of candidacy for a position other than for which he has been

elected or is holding was previously decreed by Sec. 67 of the Omnibus
Election Code (Batas Pambansa Blg. 881), which reads in full:

Sec. 67. Candidates holding elective office. - Any
elective official, whether national or focal, ri ig for any
office other than the one which he is holding in a permanent
capacity, except for President and Vice-President, shall be
considered ipso facto resigned from his office upon the filing
of his certificate of candidacy.

The aforequoted Section was amended by the first proviso in the third
Paragraph of Section 11 of Republic Act No. 8436 (Automated Election
System Act) which made the resignation effective upon the start of the
campaign period, to wit:

"x x x Provided, That, any elective official, whether national or
local, running for any office other than the one which he/she is holding
in a permanent capacity, except for president and vice-president,
shall be deemed resigned only upon the start of the campaign period
corresponding to the position for which he/she is running: x x x"

The automatic resignation upon filing of a certificate of candidacy
or upon the start of the campaign period of any elective incumbent
running for a different position had been repealed by the "Fair Election
Act" (R.A. No. 9006), Sec. 14 of which provides:

Sec. 14. Repealing Clause. - Sections 67 and 85 of the
Omnibus Election Code (Batas Pambansa Big. 881) and Sections
10 and 11 of Republic Act No. 6646 are hereby repealed. As a
consequence, the first proviso in the third paragraph of
Section 11 of Republic Act No. 8436 is rendered
ineffective. All laws, presidential decrees, executive orders,
rules and regulations, or any part thereof inconsistent with
the provisions of this Act are hereby repealed or modified or
amended accordingly. (Emphasis supplied).

This repeal was not in the House version (H.B. No. 9000), as approved on
third reading, when it was transmitted to the Senate. It appears that the
repeal was later provided unwarrantedly because it had no basis in the
substantive provisions of the "Fair Election Act" and had no relevance



whatsoever with the regulation of election propaganda, which was the
principal purpose for the enactment of R.A. No. 9006. Verily, it was a last-
minute rider.

Section 26 of Comelec Resolution No. 3636 implementing the
"Fair Election Act" provides:

Effect of Filing Certificate of Candidacy of
Elective Officials. - Any elective official whether national or
local, who has filed a certificate of candidacy for the same
or jany other office shall not be considered resigned
from his office. (Emphasis supplied).

With the foregoing repeal, elective officials, more particularly and
almost singularly incumbent Senators, vie for different positions in
presidential or mid-term elections during their term of office without
forfeiting their position as Senator in the Senay of a lost bid. Except

after

also foi barangay after

also for elective angay officials
the election of national and local officials, incumbents in other elective
positions whose term of office are for three (3) years could not avail of
the benefits of the "non-forfeiture" clause because their incumbency ends
shortly after the concerned presidential or midterm elections, for which
reason they have no position to return to in the event of electoral defeat.

This practice of allowing defeated candidates to reassume their
position after the election must be jettisoned from our statute books for
the following reasons:

1. An elective official must serve out his term consistent with
the people's mandate, otherwise he must forfeit his office if he runs for
another position during his term.

2. The present practice of reclaiming one's position violates the
equal protection clause because only a group of elected officials are
benefited.

3. Fthics in politics demands automatic forfeiture for
incumbents running for a different position while their terms subsists.

4. Running for another position during one's incumbency must
be considered abandonment of an elective position.

5. This class legislation and unethical practice is anathema to
fair elections, despite the fact that the repeal of the then ipso facto
resignation provision was imbedded in the "Fair Election Act".

Thus, the import of this bill, restoring the automatic resignation of
any elective incumbent running for a different position during his/her
term upon filing of the corresponding certificates of candidacy, merits its

immediate enactment.
DCEL C. LAGMAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

NINETEENTH CONGRESS
First Regular Session

1476

House Bill No.

Introduced by Rep. Edcel C. Lagman

AN ACT
DECLARING AN ELECTIVE OFFICIAL IPSO FACTO RESIGNED FROM
HIS OFFICE UPON FILING OF HIS CERTIFICATE OF CANDIDACY
FOR A/POSITION OTHER THAN THE ONE FOR WHICH HE HAS BEEN

ELECTED OR IS HOLDING IN A PERMANENT CAPACITY

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

SECTION 1. Ipso Facto Resignation of Elective Officials. - Any
elective official, whether national or local, running for any office other
than the one for which he has been elected or is holding in a permanent
capacity |shall be considered ipso facto resigned from his office upon the
filing of his certificate of candidacy.

SEC. 2. Repealing Clause. - All laws, presidential decrees,
executive orders, rules and regulations and any 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
is held unconstitutional or invalid, other provisions thereof 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 at least two (2) newspapers of general
circulation, which publication shall be made within seven (7) days from the
approval of this Act

Approved,