Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 7179

Introduced by Representative Maria Lourdes Acosta-Alba

Explanatory Note

The 1987 Constitution guarantees the fundamental equality of women
and men before the law and recognizes the role of women in nation-
building. The Magna Carta for Women that seeks to address the
inequality and discrimination of women in society emphasizes the role
of the State in facilitating the equitable representation of women in
policy-making and governance. The Convention on the Elimination of
All Forms of Discrimination Against Women (CEDAW), to which the
Philippines is a signatory, provides for States to take appropriate
measures to eliminate discrimination and participate in government
policy in all levels of government. However, to date, women remain
underrepresented within the sphere of politics and governance.

In the 2019 National and Local elections, only 20.16 percent (8,782) of
the candidates were female. In the recent years, the trend was that
women occupy only less than one-third of third level positions in the
government; more than one-third in government owned and controlled
corporations; less than 20 percent in local government units; and more
than one-third in the judiciary (Philippine Commission on Women).

Given the above considerations, there is clearly a need to adopt
measures to attain gender equality between women and men in terms
of political participation and representation.

In view of the foregoing, the passage of this bill is earnestly sought.

Aes ACOSTA-ALBA

1st District, Bukidnon


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 7179

Introduced by Representative Maria Lourdes Acosta-Alba

AN ACT
PROMOTING WOMEN PARTICIPATION AND EQUITABLE
REPRESENTATION IN AND BY POLITICAL PARTIES, GIVING
INCENTIVES THEREFOR, CREATING THE WOMEN IN POLITICAL
PARTIES EMPOWERMENT FUND, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title.- This Act shall be known as the
“Women Participation and Representation in Political Parties Act of 2020.”

SEC. 2. Declaration of Policy.- Pursuant to Section 14, Article
Il (State Policies) of the 1987 Philippine Constitution, which recognizes
the role of women in nation-building and ensures fundamental equality
before the law of men and women, and to Section 14, Article XIII (Social
Justice and Human Rights) of the same Constitution, which makes it
an obligation of the State to provide facilities and opportunities for
women that will enhance and enable them to realize their full potential
in the service of the nation, it is hereby declared the policy of the State
to promote women participation and equitable representation of women
by providing incentives to political parties which have women agenda,
and which have internal policies which promote women participation
and equitable representation.

Further, Section 11 of Republic Act No. 9710, otherwise known
as Magna Carta of Women states that, “The State shall undertake

temporary special measures to accelerate the participation and


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equitable representation of women in all spheres of society particularly
in the decision-making and policy-making processes in government and
private entities to fully realize their role as agents and beneficiaries of
development.” Likewise, Section 11 (e) of the Magna Carta of Women,
provides incentives to political parties with women’s agenda. It shall
likewise encourage the integration of women in the leadership
hierarchy, internal policy-making structures, appointive and electoral
nominating processes.”
SEC. 3. Definition of Terms.- As used in this Act:

(a) Lawful election propaganda shall refer to any type of
expense incurred, regardless of source and purpose, that relates
directly or indirectly, to the conduct of the electoral campaign of a
woman candidate. It includes all payments of money or anything of
value, or a contract, promise or agreement to spend, for the purpose of
influencing the results of the elections. It includes the use of office space
and facilities personally owned by the woman candidate, the monetary
value of which shall be assessed based on the market rates prevailing
in a particular area: Provided, That for purposes of this Act, the term
shall refer exclusively and specifically to lawful election propaganda of
‘women candidates.

(b) Certified political party shall refer to a political party
qualified to receive incentives for the development and implementation
of its women and gender and development agenda and to augment
funds reserved for the lawful election propaganda of its women
candidates, and certified as such by the Commission on Elections
(COMELEC), with the assistance of the Philippine Commission on
Women (PCW).

(c) Disclosure requirement shall refer to the duty of women
candidates and political parties, as defined in this Act, to reveal the
details of the incentives and expenditures given and received by them
as incentives and their share in the Women in Political Parties

Empowerment Fund.


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(@) Woman member of a political party shall refer to a biological
or transgender woman of good standing in a political party who
complied with the requirements of party membership, including the
payment of membership dues, and coming from the women sector.

(e) Political party shall refer to a political party, party-list, or
an organized group of persons duly registered with the Commission
on Elections, pursuing or advocating a platform, principles and
policies for the general conduct of government and for women’s
empowerment, and which nominates and supports its members as
candidates for public office.

(Women in Political Parties Empowerment Fund or Fund shall
refer to the fund for the development and implementation of a political
party’s women and gender and development agenda, and which may
be used to augment funds for the campaign activities of women
candidates, as provided for by this Act.

SEC. 4. Development and Implementation of a Women and
Gender and Development Agenda.- Political parties are mandated to
craft and implement a clear women and gender and development
agenda and program consistent with their party philosophy and ideals.
The members of the political party shall endeavor to act in accordance
with this agenda and pursue programs to fulfill party commitments.
This agenda shall form part of the requirements for the accreditation of
political parties by the COMELEC. The PCW shall assist the political
parties in development of this agenda

SEC. 5. Participation and Equitable Representation in
Political Parties.- Women representation in a political party shall refer
to the integration of women in the leadership of a political party and its
internal policy-making structures: Provided, That such leaders are bona
fide women members of the political party: Provided, further, That
women representation in a political party shall be equitable whenever
women leaders occupy at least thirty percent (30%) of the leadership
and internal policy-making structures of the political party: Provided,


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finally, That the PCW, with the assistance of the COMELEC, shall certify
the equitable nature of representation in a political party.

SEC. 6. Participation and Equitable Representation by Political
Parties. Women representation by a political party shall refer to the
nomination of women as official candidates of the political party to
elective positions in the government: Provided, That such nominees are
bona fide women members of the political party: Provided, further, That
women representation by a political party shall be equitable whenever
at least thirty percent (30%) of women are nominated as official
candidates of the political party: Provided, further, That the PCW, with
the assistance of the COMELEC, shall certify the equitable nature of
representation by a political party; Provided, finally, That substitution
of women candidates shall be discouraged.

SEC. 7. Incentives for Equitable Representation In and By A
Political Party.- A political party registered with and certified by the
COMELEC to have equitable representation as stated in Sections 5 and
6 of this Act, shall be allowed to access the Women in Political Parties
Empowerment Fund, established by virtue of this Act, to fund their
women and gender and development agenda, and to augment funds for
the lawful election propaganda of their women candidates.

SEC. 8. Establishment of the Women in Political Parties
Empowerment Fund.- There is hereby established a Women in Political
Parties Empowerment Fund, hereinafter referred to as the “Fund,” which
shall be the source of incentives for political parties complying with
Section 7 of this Act. The incentives given to political parties from the
Fund shall be used directly and exclusively for the following purposes:

(a) Development and implementation of the political party’s
women and gender and development agenda, and

(b) Finance of the campaign activities of the political party’s
women candidates. The share of each of the political parties from the
Fund shall be released only upon proof that the concerned political
party has raised an amount specifically for the development and
implementation of the political party’s women and gender and


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development agenda: Provided, That, notwithstanding Sections 5, 6,
and 7 of this Act, no political party shall be given its share in the Fund
until it has given proof that there are political party funds segregated
and reserved for the political party’s women and gender and
development agenda: Provided, further, That the amount to be released
from the fund shall be equal to the amount so segregated and reserved:
Provided, finally, That unreleased amounts because of the political
party’s failure to segregate and reserve such amounts, if any, shall be
forfeited and reverted to the General Fund of the government.

For purposes of this Act, all releases from the Fund during a non-
election year shall be used exclusively for the political party’s women
and gender and development agenda. Amounts released from the Fund
during an election year shall be divided as follows: (1) sixty percent
(60%) shall be used for lawful election propaganda, and forty percent
(40%) shall be used for women and gender and development agenda.

The political parties availing of the incentives from the Fund shall
maintain a separate financial account for the amounts given them by
virtue of this Act.

SEC. 9. Allowable Women and Gender and Development
Activities. - The COMELEC and the PCW shall provide a
comprehensive list of specific activities which shall be considered as a
development and implementation activity under Section 8 of this Act.

SEC. 10. Certification. A political party which conforms with
Sections 5 and 6 of this Act, and which desires to be entitled to the
incentives, rights, and privileges and to perform the responsibilities,
provided in this Act, may ask for a Certification from the COMELEC,
under such rules and regulations that the COMELEC, in coordination
with the PCW, shall prescribe consistent with the provisions of this Act.
The criteria in Sections 5 and 6 of this Act shall set the eligibility
requirement for the said Certification. A duly-certified political party
shall be entitled to the incentives, rights, and privileges and to perform
the responsibilities, as provided in Section 7 and Section 11 of this Act.


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SEC. 11. Full Disclosure. A political party whose officials are
certified by the COMELEC to be eligible, and which, in fact, has availed
of the incentives under Section 7 of this Act, shall be required to submit
with the PCW, the COMELEC, and the Commission on Audit (COA) a
public disclosure of the amounts it received and the expenditures made
thereon at the end of every fiscal year.

SEC. 12. Failure to Comply with Disclosure Requirements.-
Failure of a certified political party to comply with the provisions of this
Act, particularly with Section 11, will result in its disqualification from
receiving a share in the Fund and the forfeiture of all rights and
privileges to which the said political party would have been entitled
under this Act.

SEC. 13. Appropriations The amount necessary for the
implementation of the provisions of this Act shall be included in the
General Appropriations Act.

SEC. 14. Lead Agency, Implementing Rules and Regulations.-
The COMELEC is hereby mandated as the regulatory and certifying
agency charged with enforcing the provisions of this Act, and shall lead
in the formulation of the necessary rules and regulations to effectively
implement the provisions of this Act.

SEC. 15. Separability Clause.- If any part, section or provision of
this Act is held invalid or unconstitutional, other provisions not affected
thereby shall remain in full force and effect.

SEC. 16. Repealing Clause.- All laws, decrees, orders, rules and
regulations or other issuances, which are inconsistent with the
provisions of this Act, particularly those in the Magna Carta of Women
(R.A. 9710), if any, are hereby repealed, amended or modified
accordingly.

SEC. 17. Effectivity.- This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved,