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HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS:
First Regular Session

3149
HOUSE BILL NO.

—_

Introduced by REP. ROMAN T. ROMULO
Lone District, Pasig City

AN ACT
PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNASTIES

EXPLANATORY NOTE

Article Il, Section 26 of the 1987 Constitution provides that “the state
shall guarantee equal access to opportunities for public service, and prohibit
political dynasties as may be defined by law.”

While the State recognizes the pernicious effects of political dynasties,
there is still no enabling law to prohibit its existence in the political arena.
Influential clans and families that are well-entrenched in the political arena
have made positions in government their virtual playgrounds, resulting in the
proliferation of small monarchies all over the country. This makes a mockery
of what should otherwise be a level-playing field in politics and espouse
political inequities.

During the debates in the Constitutional Commission of 1986,
Commissioner Sarmiento explained the rationale of prohibiting political
dynasties:

“By including this provision, we widen the opportunities of
competent, young, and promising poor candidates to occupy
important positions in the government. While it is true we have
government officials who have ascended to power despite
accident of birth, they are exemptions to the general rule. The
economic standing of these officials would show that they come
from powerful clans with vast economic fortunes.”

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JUL 3 0 2019



Unfortunately, despite numerous attempts to introduce an anti-political
dynasty law as early as the 8" Congress to effect electoral reforms and level the
political landscape, Congress failed to pass such a law.

This encumbrance can be attributed to the fact that many members of:
Congress came from politically dominating political clans. Over the years, they
have successfully argued for the electorate’s right to choose their elected
leaders using the oft-repeated principle that “sovereignty resides in the people
and all government authority emanates from them”,

This proposed measure seeks to strike a balance between the two
competing fundamental principles of electorate’s sovereignty and political
dynasty. This Law is in consonance with the constitutional precept that laws
should be interpreted not in the letter that killeth but to the spirit that vivifieth.

Hence, the proposed measure seeks to prohibit the spouse or person
related within the second degree of consanguinity or affinity, whether
legitimate or illegitimate, full or half blood, to an incumbent elective official
seeking re-election, to hold or run for any elective office in the same city
and/or province in the same election.

Furthermore, the bill also prohibits two or more persons who have
political dynasty relationship from running simultaneously for an elective
office within the same city and/or province, even if neither is so related to the
incumbent public official.

The early passage of this measure is earnestly sought.

RES

ROMAN T. ROMULO


HOUSE OF REPRESENTTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3149

Introduced by REP. ROMAN T. ROMULO
Lone District, Pasig City

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 of 2019”

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to
guarantee equal access and opportunity to public office and service to the public. Towards
this end, the State adopts a policy of prohibiting political dynasties as hereinafter defined to

give force and effect to this policy and prevent the concentration of political power to a
limited few.

SECTION 3. Definition of Terms. - The following terms, as used herein shall mean:

1. Political Dynasty ~ refers to the concentration, consolidation or perpetuation
of political powers by persons related to one another.


2. Political Dynasty Relationship — refers to the situation where a person who is
the spouse or a relative within the second civil degree of consanguinity or
affinity of an incumbent elective official holds or runs for an elective office
simultaneously with the incumbent elective official within the same city
and/or province or occupies the same office immediately after the term of
office of the incumbent elective official

‘A political dynasty relationship shall also be deemed to exist where two (2) or
more persons who are spouses or related to one another within the second civil
degree of consanguinity or affinity run simultaneously for elective public
office within the same city and/or province, even if neither is so related to the
incumbent elective official

3. Second Civil Degree of Consanguinity or Affinity — refers to the degree of
relationship by blood or affinity of a person with his/her brother or sister,
direct ascendant or direct descendant, whether legitimate or illegitimate, full or
half blood, including their spouses.

4, Term Limits — refers to the maximum term limits for elected public officials as
provided for in the Constitution

5. Running for an Elective Office ~ refers to the period that commences upon the
filing of the certificate of candidacy by a candidate with the Commission on
Elections (COMELEC).

2

. Holding an Elective Office — refers to the period that commences from the
moment the public official takes his or her oath of office.

SECTION 4. Applicability. - This Act shall be applicable to the next elections and to
all subsequent elections thereafter. In the case of incumbent elected officials who have
political dynasty relationships with one another in the same city and/or province, they shall

be allowed to run in all subsequent elections until they reach their term limit as provided by
law.


SECTION 5. Persons Covered; Prohibited Candidates. — No spouse ot person
related within the second degree of consanguinity or affinity, whether legitimate or
illegitimate, full or half blood, to an incumbent elective official seeking re-election, shall be

allowed to hold or run for any elective office in the same city and/or province in the same
election.

In case the constituency of the incumbent elective official is national in character, the
above relatives shall be disqualified from running only within the same province where the
former is a registered voter.

In case where none of the candidates is related to an incumbent elective official within
the second degree of consanguinity or affinity, but are related to one another within the said
prohibited degree, they, including their spouses shall be disqualified from holding or running
for any local elective office within the same city and/or province in the same election.

In all cases, no person who has a political dynasty relationship to the incumbent shall
immediately succeed to the position of the latter: Provided, however, that this Section shall
not apply to Punong Barangays or members of the Sangguniang Barangay

SECTION 6. Statement with the Commission on Elections. — Any person running
for any elective public office except that of a barangay official shall file a sworn statement
with the COMELEC that he or she does not have a political dynasty relationship with any
incumbent public official running for an elective public office in the same city and/or
province other than the position earlier mentioned.

SECTION 7. Period for Filing Petition for Disqualification. — Any citizen of voting
age, candidate or duly registered political party organization or coalition of political parties
may file with the COMELEC, after the last day for filing of certificates of candidacy and

before proclamation, a verified petition to disqualify a candidate on grounds provided for
under Section 5 hereof,

SECTION 8. Summary Proceedings. — The petition shall be heard and decided
summarily by the COMELEC, after due notice and hearing, and its decision shall be
executory after the lapse of five (5) days from receipt thereof by the losing party


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SECTION 9. Effect of Violation of Prohibition. - The COMELEC shall, upon the
filing of a verified petition by any interested party, deny due course to any certificate of
candidacy filed in violation of this Act and the votes cast for the disqualified candidate, if
any, shall not be counted nor shall such candidate be proclaimed nor be qualified to assume
office.

Violation of this Act and the rules and regulations of the COMELEC issued to
implement this Act shall also constitute an election offense punishable under the first and
second paragraphs of Section 264 of the Omnibus Election Code (Batas Pambansa Blg. 881)

SECTION 10. Effect of Petition If Unresolved Before Completion of Canvass. — If
the petition, for reasons beyond the control of the COMELEC cannot be decided before the
completion of the canvass, the votes cast for the respondent shall be included in the counting
and canvassing: Provided, however, that if the basis for such disqualification is strong, his or
her proclamation shall be suspended notwithstanding the fact that he or she received the
winning number of votes in the election.

In the event a candidate disqualified under this Act shall have been proclaimed and
has assumed office, his or her political dynasty relationship shall be a ground for
disqualification in appropriate quo warranto proceeding.

SECTION 11. Rules and Regulations. - The Commission on Elections shall
promulgate the necessary rules and regulations to effectively implement the provisions of this
Act.

SECTION 12. Separability Clause. - If any part of this Act is held invalid or
unconstitutional, the other parts or provisions thereof shall remain valid and effective

SECTION 13. Repealing Clause. - All laws, orders, issuances, rules and regulations
or part thereof inconsistent with the provisions of this Act are hereby repealed, modified or
amended accordingly.


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SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days

after its publication in at least two (2) newspapers of general circulation

Approved,