FOURTEENTH CONGRESS OF THE 
I 
First Regular Session 
1 
REPUBLIC OF THE PHILIPPINES 
1 7 ,IuL -3 P639 
SENATE 
s. B. NO. 
904 
Introduced hy SENATOR EDGARDO J. ANGARA 
EXPLANATORY NOTE 
A public office is a public trust. The constitution mandates all public 
officials to be accountable at all times to the people and serve them with 
utmost responsibility, integrity, loyalty and efficiency. 
Section 67 of Batas Pambansa Bilang 881, otherwise known as the 
Omnibus Election Code provides that an elective official running for a public 
office other than the one he is currently holding in a permanent capacity, 
except for the positions for President and Vice-president, is considered 
resigned from office upon the filing of his certificate of candidacy. 
This law has been criticized for abetting the unfair and unequal 
treatment of candidates. The law is bias for those who aspire for the offices of 
Presidency and Vice-presidency, giving losing candidates utmost comfort and 
privilege of reclaiming back their offices. On the other hand, the law denies 
the same benefit and privilege to aspirants for other elective positions, 
regarding them ipso facto resigned regardless of the outcome of the election. 
More importantly, this policy has helped promote political adventurism 
and negates the policy against nuisance candidates. The law provides a 
constant source of encouragement for incumbent elective officials, who 
nurture the thinking that since they might have nothing to lose, they might 
as well aspire for the two highest offices despite knowledge that they have no 
chance of winning at all. This has unduly saddled the Commission on 
Elections with unnecessary administrative and operational burden. 
This already untenable situation was further exacerbated by the 
passage of Republic Act No. 9006, otherwise known as the Fair Elections 
Practices Act, which repealed altogether Section 67 of BP 881. As the law 
now stands, any elective public official can run for any other public office 
other than the one he is holding without the risk of losing said office. 
It is believed that this faulty public policy should be corrected at once 
by restoring back the old law. In so doing, the constitutional edict to all public 
officials to serve the people with utmost loyalty and not trifle with the 
mandate, which their constituents have entrusted to them, is preserved and 
honored. 
For these reasons, passage of this bill is earnestly sought, 
2 4  /h 
EDGARDO J. ANGARA 
Senator 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
FOURTEENTH CONGRRSS OF THE 
1 
First Regular Session 
} 1 
7 JUL -3 PQ:19 
REPUBLIC OF THE PHILIPPINES 
SENATE 
S.B.No. 904 
Introduced by SENATOR EDGARDO J. ANGARA 
AN ACT DECLARING AN ELECTIVE OFFICIAL IPSO FACTO 
RESIGNED FROM HIS ELECTIVE OFFICE UPON THE FILING OF 
HIS CERTIFICATE OF CANDIDACY 
Be it enacted by the Senate and House of Representatives in Congress 
assembled: 
SECTION 1. Candidates holding elective office. - Any elective 
official, whether national or local, running for any public office other than the 
elective position which he is holding in a permanent capacity shall be 
considered ipso facto resigned from his office upon the filing of the certificate 
of candidacy. 
SECTION 2. Repealing Clause. - All laws, presidential decrees, 
executive orders, rules and regulations, and parts thereof, which are 
inconsistent with the provisions of this Act, are hereby repealed or modified 
accordingly. 
SECTION 3. Effectiuity. - This Act shall take effect fifteen (15) days 
following its publication in three (3) newspapers of general circulation. 
Approved, 
1