NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
5 a feenate
of tS)f ^crrftnvj:
72 JUL13 P4 *44
SEN A_T E 
S. No.
mBvmm:
Introduced by Senator Grace Poe
AN ACT
DEFINING AND PROHIBITING POLITICAL DYNASTIES, 
PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES.
EXPLANATORY NOTE
There is a wealth of academic research and a whole collection of extensive 
articles that have been v/ritten in the evils of political dynasties. In a previous study, 
70% of the 15th Philippine Congress is considered dynastic. Meanwhile, 80% of the 
youngest congressmen (age 26-40) are from dynastic clans.1 Dynasties dominate all of 
the major political parties. According to a recent study by the Asian Institute of 
Management:2
Over-all the emerging evidence suggests that political dynasties still 
appear entrenched, notwithstanding the emergence of strong advocacies 
against dynastic clans. While efforts to curb the "demand" for dynasties 
(through strong advocacy and information campaigns targeted at voters) 
were initiated, little seems to have changed In terms of a stronger 
"supply" of alternative leaders. The present political parties have not yet 
been able to address the latter; and part of the challenge lies In the 
strong role that dynasties already play in the more established paities.
This lends credence to the view that new political parties could play a key 
role in developing clear alternatives to the political dynasties and their 
traditional politics.
The Constitution provides that the "State shall guarantee equal access to 
opportunities for public service, and prohibit political dynasties as may be defined
1 Mendoza, Beja, Venida and Yap. 2012. Inequality in democracy: Insights from an empirical analysis of 
political dynasties in the 15th Philippine Congress. Philippine Political Science Journal 33(2): 132-145.
2 Mendoza, Lopez, Yap, Canare. 2013. The 2013 Philippine Mid-Teim Election: An Empirical Analysis of 
Dynasties, Vote Buying and the Correlates of Senate Vote.
1


by law."3 Many have called on Congress to fulfill its obligation to pass an anti-dynasty 
law. However, 35 years since its ratification of the Constitution, there has been no law 
passed to breathe life to this constitutionally enshrined duty of the State.4
Article II, Section 1 of the Constitution provides that the Philippines is a 
democratic and republican state. This declaration notwithstanding, there is a great need 
to ensure that ours Is a democracy that is inclusive, rather than one beyond the reach 
of most, representative of all, r^Ther than representative of a few. Also pursuant to the 
foregoing principles and mindful of the undue advantage available to an incumbent 
official by virtue of the resources available to and power of his or her public office and 
the term limits imposed by the Constitution and other relevant laws, this bill aims to put 
an end to the practice of political dynasties of unfairly perpetuating their hold on power 
and elective positions.
On average, there are more dynasties in regions with higher incidents of poverty, 
lower human development and more severe deprivation5 with provinces run by political 
clans tending to be laggards In meeting the Millennium Development Goals.6 While 
there might be so-called "good" individuals who belong to dynasties, the institution and 
phenomenon of political dynasties themselves can never be a good thing for a 
democratic republic like ours. By virtue of the term limits enunciated in our Constitution, 
even so-called "good" leaders have a limit with regard to their stay in office - political 
dynasties try to skirt around this. Further, it is believed that the true trait of a good 
leader is one who is able to empower and inspire others to take the cudgels in leading. 
Even further, in order for reforms to be sustained, no "DNA" formula will ever 
guarantee it as much as institutional and cultural reform. This biii makes no distinction 
between the so-calied "good" and "bad"poiiticai dynasties.
One of the main reasons why political dynasties are not good for democracy and 
inimical to social justice is the consolidation of power both political and economic in the 
hands of a few. This is manifested by those belonging to the same family who run for 
public office one after the other with inherent undue advantage to their next of kin, 
compared to those who will be running against them (succession) as well as those who 
run to occupy more than one position (power tardems). For purposes of this biii, power
3 Philippine Constitution, art. II § 26.
4 This bill builds upon the position of the Anti-Dynasty Movement, a campaign network of Individuals and 
groups from various sectors advocating for the passage of an Anti-Political Dy nasty Law. This network 
includes Ang Kapatiran Party (Alliance for the Common Good), Aksyong Kabayanihan Para sa 
Organisadong Pagbabago (ANGKOP), r ilaab Foundation, Green Team Pilipinas International, Inc.,
Krusada Kontra Dynasty, Juana Change Movement, Movement Against Political Dynasties, Inc. (MAD), 
MAD-Crusade Against Dynasty and Corruption, Partido Lakas ng Masa, St. Thomas More Society, Inc. Law 
Center, Solidarity Movement Philippines, and Anti-Political Dynasty Movement (ANDAYAMO).
5 Id.
6 Still a Family Affair, appearing on http://pcii.orq/stories/still-a-familv-affair/ citing a 2003 study of 
economists Solita and Toby Monsod.


tandems and power successions should both be prohibited. These relationships are 
sometimes referred to as 'Vertical" or "horizontal political dynasties.
Although the building block of society is the family and that it is characteristic for 
Filipino families to be closely knit with children often times wanting to follow in their 
parents' footsteps, it should be remembered that a public office is unlike other private 
enterprises. It bears repeating that public office is a public trust. The common good is 
best served by putting restrictions on those belonging to the same family when it comes 
to occupying elective positions, because of the vast resources at their disposal, the 
enormous power and influence they wield and the far-reaching consequences of their 
actions and decisions.
In drafting this bill, the author has taken into account the restrictions on an 
appointing person's appointing prerogative (the President included) in light of the 
dangers of nepotism, and the lime-honored exclusions in the Rules of Evidence that 
have recognized the family's unique dynamics and the various provisions in Civil Law 
that were put In place precisely not to undermine the family structure, thus, this bill 
provides that the prohibition on political dynasties be confined to those falling within the 
second (2nd) degree of consanguinity and/or afTmity. Beyond the 2nd degree might be 
unduly restrictive.
To fight the evils brought about by the non-democratization of power, the 
absence of checks-and-balances and the consolidation and concentration of political and 
economic power, the prohibitions in this bill, the prohibition against those belonging to 
the same family from holding elective positions is directed at those with overlapping 
'Jurisdictions'or constituencies, as follows:
a) A relative intending to replace to succeed an incumbent;
b) If the incumbent is an elective barangay official, the spouse and relatives within 
the second degree of consanguinity or affinity are prohibited to run 
simultaneously for any position in the same barangay as well as in all the 
barangays in municipalities/ cities within the same legislative district;
c) If the incumbent is an elective official of the municipaiity/city, legislative district 
and/or province, the spouse and relacives within the second degree of 
consanguinity or affinity are prohibited to run for or hold any elective local office 
simultaneously with the incumbent within the same municipality/city, legislative 
district and/or province;
d) If the Incumbent is a national elective official, the spouse and relatives within the 
second degree of consanguinity or affinity are likewise prohibited to run 
simultaneou"^^ for any position in the naticnal level or in the local level as mayor, 
governor or district representative in any part of the country. However, the 
spouse and said relatives may run for vice governor, vice mayor, or any 
legislative councils at the provincial, city or municipal level;


e) If the incumbent is a governor or district representative, the spouse and relatives 
within the second degree of consanguinit/ or affinity are also prohibited to run 
simultaneously for any position in the national level; or
f) Persons who are not holding any public office shall likewise be prohibited from 
running in the same election if their election will result in a political dynasty 
relationship.
On the issue of barangay officials, it should be noted that since the Punong 
Barangay serves as executive, legislative and judiciary, there is more reason to shield 
the position from potential influences of familial relations. Based on consultations on the 
ground, there are many instances of graft and corruption at the Barangay level with the 
highest incidence in barangays where the members of the Sanggunian have dynastic 
relations with one another.
On the issue of nationa* elective officials, this bill provides that by the very 
nature of the office and position, a nationally elected official's Influence is not only 
confined to the province where he or she is registered. However, in order not to unduly 
restrict, this bill provides that the proscription should cover only key positions at the 
local level, such as district representative. Governor or Mayor, whereas the spouse and 
relatives may run for vice governor, vice mayor, or any Ieg;slative councils at the 
provincial, city or municipal level.
In view of the foregoing, approval of this measure Is eagerly sought
GRACE POE


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 548
Senate
•22 JUL13 P4‘44
receives BK
1
Introduced by Senator Grace Poe
AN ACT
DEFINING AND PROHIBITING POLITICAL DYNASTIES, 
PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES.
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1 Short Title. - This Act shall be known as 'The /.nti-Political Dynasty Act
2 
of 2016."
3 
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
4 
guarantee and provide equal access to opportunities for public office and public service
5 
to any qualified Filipino, pursuant to Section 26, Article II of the 1987 Constitution.
6 
Towards this end, it Is hereby declared the policy oi the State to prohibit political
7 
dynasties as defined under Section 5 of this Act.
8 
Sec. 3 Definition of Terms. - As used in this Act:
9 
a) "COMELEC"s\\^W refer to the Commission on Elections.
10 
b) ''^Holding an Elective Officd’ shall be deemed to commence the moment the
11 
public official takes his oath of office and assumes his position.
12 
c) "National office"shaW refer to the Presidency, the Vice-Presidency, the Senate
13 
of the Philippines or the House of Representatives.
14 
d) ''^Political Dynast)/' shall refer to the concentratior , consolidation and/or
15 
perpetuation of political powers by persons related to one another within the
16 
second degree of consanguinity or affinity.
1


1 
e) ''^Political Dynasty Relationship!' shall exist when the spouse or any relative
2 
within the second degree of consanguinity or affinity of an incumbent elective
3 
official, runs for public office to succeed or replace the incumbent, or runs for
4 
or holds any elective local office simultaneously with the incumbent within the
5 
same province, legislative district and/or city/municipality, and within the
6 
same barangay and barangays within the same legislative district. The
7 
relationship also exists if the incumbent is a r.ational elective official, and the
8 
spouse or relatives within the second degree of consanguinity or affinity run
9 
for any position in the national level or in the local level as mayor, governor
10 
or district representative in any part of the country. It shall also be deemed to
11 
exist where two (2) o' more persons who are spouses, or are related to one
12 
another within the second degree of consanguinity or affinity run
13 
simultaneously for elective public office at the national level, or at the local
14 
level within the same province, legislative district and/or municipality/city,
15 
and within the same barangay and/or barangays within the same legislative
16 
district, even if neither is so related to an incumbent elective official.
17 
f) "Spouse" shd\\ refer to the legal and common-law wife or husband of an
18 
incumbent elective official;
19 
g) "Second civil degree of consanguinity or affinity" shaW refer to the relatives of
20 
a person who may be the latter's brother or sister, whether of full or half-
21 
blood, direct ascendant or direct descendant, whether legitimate, illegitimate
22 
or adopted, including their spouses;
23 
h) "Te/777 Limitd' shall mean the maximum term limits for elected public officials
24 
as provided for in the Constitution.
25 
i) "Runs for an elective office"shd\\ be deemed to commence upon the filing of
26 
the certificate of candidacy by a candidate with the Commission on Elections.
27 
Sec. 4 Applicability. - This Act shall govern and be applicable to the next
28 
elections and all subsequent elections thereafter. In the case of incumbent elected
29 
officials who have political dynasty relationship with one another at the national level


1 
and/or local level, they shall be allowed to run in all subsequent elections until they
2 
reach their respective term limits as provided for in the Constitution.
3 
Sec. 5. Prohibited Candidates; Scenarios Covered. - Any person with political
4 
dynasty relationship, as defined in Section 3 above, with any incumbent elective official,
5 
shall not be allowed to run for or hold public office in the following manner:
6 
a) to succeed or replace the said incumbent, or
7 
b) If the incumbent is an elective barangay offir'al, the spouse and the above
8 
relatives are prohibited to run simultaneously for any position in the same
9 
barangay as well as in ail the barangays in municipalities/cities within the same
10 
legislative district.
11 
c) If the incumbent is an elective officiai of the munidpality/city, legislative district
12 
and/or province, the spouse and above relatives are prohibited to run for or hold
13 
any elective local office simultaneously with the incumbent within the same
14 
municipality/city, legislative district and/or province.
15 
d) If the incumbent is a nabonal elective official, the spouse and the above relatives
16 
are likewise prohibited to run simultaneously for any position in the national level
17 
or In the local level as mayor, governor or district representative In any part of
18 
the country. However, the spouse and said relatives may run for vice governor,
19 
vice mayor, or any legislative councils at the provincial, city or municipal level.
20 
e) If the incumbent is a governor or district representative, the spouse and the
21 
above relatives are also prohibited to run simultaneously for any position in the
22 
national level.
23 
Persons who are not holding any public office shall likewise 
be prohibited from
24 
running In the same election if their election will r esult in a political dynasty relationship.
25 
Provided, however, that if the same elective position Is Involved, the bona fide
26 
certificate of candidacy that was filed first will be recognized.
27 
Sec. 6. Petition for Disquaiification. - Any citizen of voting age, candidate, or
28 
duly-registered political party, organization, or coalition of political parties, may file with
29 
the COMELEC, after the last day of filing of certificate of candidacy and before


1 
proclamation, a verified Petition to disqualify a candidate on grounds provided for in
2 
Section 5 of this Act.
3 
Sec. 7. Summary Proceedings. - The petition shall be heard and decided
4 
summarily by the COMELEC, after due notice and hearing, and the decision shall be
5 
executed after the lapse of five (5) days from receipt thereof by the losing party.
6 
Sec. 8. Effect of Violation of Prohibition. - The COMELEC shall, motu proprio or
7 
upon a verified petition of any interested party, deny due course to any Certificate of
8 
Candidacy filed in violation of this Act.
9 
Sec. 9. Effect if Petition is Unresolved Before Completion of Canvass. - If the
10 
Petition for Disqualification has not been resolved before the completion of canvass, the
11 
votes cast for the respondent shall be included in the counting and canvassing:
12 
However, if the basis for disqualitication is strong, the proclamation shall be suspended
13 
even if the respondent is leading in the canvassing of votes.
14 
If the candidate has been proclaimed, his or her political dynasty relationship
15 
shall be ground for disqualification in an appropriate quo warranto proceeding.
16 
Sec. 10. Rules and Reguiadon. - The COMElEC shdil promulgate all the rules and
17 
regulations necessary for the full implementation of this Act.
18 
Sec. 11. Repealing Clause. - Any law, presidential decree or Issuance, executive
19 
order, or part thereof, contrary to, or inconsistent with, the provisions of this Act is
20 
hereby repealed, modified or amended accordingly.
21 
Sec. 12. Separability Clause. - If any provision or part hereof Is held invalid or
22 
unconstitutional, the remainder of the Act shall remain valid and subsisting.
23 
Sec. 13. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
24 
publication in at ^easf two (2) newspapers of general circulation.
Approved,