HOUSE OF REPRESENTATIVES |
RECEIVED
DATE: 9 gy

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

REAETPATION UNIT
BILLS AND INDEX SERVICE

Seventeenth Congress
First Regular Session

Bee
HOUSE BILL NO. _"~

Introduced by Honorable Rodante D, Marcoleta

EXPLANATORY NOTE
Article II, Section 26 of the 1987 Constitution provides:

“The State shall guarantee equal access to public service
and prohibit political dynasty as may be defined by law.”

Political dynasties are a reality in Philippines political life, raising
concerns that skewed distribution of power mirrors the imperfections in our
political system. Our political fabric is embroidered with clans or families
who had dominated or continue to reign, succeeding one after the other, in

both local and national political scene.

Statistics show that political dynasties who have ruled for more than
30 years include six families. Political dynasties who have ruled for more
than 20 years include at least 61 families. Political dynasties who have ruled
12 to 18 years include 53 political families. In the Senate, 80 percent or 18

out of 23 of the present members come from political clans while 74 percent



or 170 representatives belong to political families in the House of

Representatives.

The results of the recently held elections clearly reflect the wanton
disregard of the constitutionality enshrined prohibition. It was perceived as
the most blatant display of dynasty building ever. Most of our politicians
consider their political posts as their legacy which they can pass on to their
next generation. Political office becomes a family heirloom which
politicians hand to the next generation without considering talent,
competence and integrity. The political dynasties deny other members of the
community who may also prove competent and worthy of respect the
opportunity to serve the country. It is therefore necessary that a bill be
passed to carry out the Constitutional mandate against political dynasty and

in order to guarantee equal access to public service.

In view of the foregoing, approval of this bill is highly and earnestly

recommended.

— MARCOLBTA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

5
HOUSE BILL NO. 825

Introduced by Honorable Rodante D. Marcoleta

AN ACT
DEFINING POLITICAL DYNASTY AND PROHIBITING THE
ESTABLISHMENT THEREOF

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

SECTION 1. Short Title. — This Act shall be known as the “he Anti-
Political Dynasty Act.”

SEC. 2. Declaration of Policy. - It is hereby the policy of the State to
guarantee equal access and opportunity to public office and service. Towards
this end, it is likewise declared the policy of the State to prohibit political
dynasties in the country.

SEC. 3. Definition. — As used in this Act, the following terms shall

mean:


A. Political Dynasty is the concentration, consolidation or
continuation of public office and political power by persons related to each
other.

A political dynasty relationship exists when a person is the spouse of
an incumbent elective official or 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 province or occupies the same office immediately after the term of
office of the incumbent elective official. It shall also deemed to exist where
two (2) or more persons who are spouses (or partners), or are related within
the second civil degree of consanguinity or affinity run simultaneously for
elective public office within the same municipality, city or province, even if
neither is so related to an incumbent elective official

B. — Spouse refers to the legal wife or husband; partner refers to
common-law wife, live-in partner of the incumbent elective official.

C. — Second civil degree of consanguinity or affinity refers to the
relatives of a person who may be the latter’s brother or sister, whether of full
or half-blood, direct ascendant or descendant, whether legitimate,

illegitimate or adopted, including their spouses.


D. Running for an elective office shall be deemed to commence
upon the filing of the certificate of candidacy by a candidate with the
Commissions on Elections (COMELEC).

E. Holding an elective office shall be deemed to commence from
the moment of public official takes his oath of office

SEC. 4. Prohibition on Political Dynasty. — No person holding any
public office shall immediately be succeeded by any person related to such
public officials as defined in Section 3 of this Act. No spouse or person
related within the second degree of consanguinity or affinity of an
incumbent elective official seeking reelection shall be allowed to hold or run
for any elective office in the same province in the same election.

SEC. 5. Effect of Violation. - The Commission on Elections shall,
motu propio or upon verified petition by any interested person, deny due
course to any certificate of candidacy filed in violation of this Act. The votes
cast for the disqualified candidate, if any, shall not be counted nor shall such
candidate be proclaimed or be allowed to assume office.

SEC. 6. Period for the Filing of Petition for Disqualification. - A
petition to disqualify a candidate on grounds provided for under this Act
may be filed by any citizen qualified to vote, a candidate or duly-registered

political party, organization or coalition of political parties with the


COMELEC, at any time after the last day of filing of the certificates of
candidacy until the date of the proclamation.

SEC. 7. Summary proceeding. — The petition shall be heard and
decided summarily by the COMELEC, after due notice and hearing, and its
decision shall be executor after the lapse of five (5) days from receipt thereof
by the respondent.

SEC. 8. Effect of Unresolved Petition. ~ \f 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 of the canvass, the votes cast for the respondent shall be
included in the counting and canvassing. If the basis for such
disqualification is strong, the proclamation shall be suspended
notwithstanding the fact that the candidate received the highest number of
votes in the election. In case where the disqualified candidate has been
proclaimed, the candidate shall ipso facto forfeit the right to assume the
office.

SEC. 9. Applicability. - This Act shall be applicable to the next
election and to all subsequent elections to be held thereafter.

SEC. 10. Implementing Rules and Regulations. — Within sixty (60)
days after the effectivity of this Act, the COMELEC shall promulgate the

necessary rules and regulations for the effective implementation of this Act.


SEC. 11. Repealing Clause. — All laws, decrees, executive orders,
issuances, regulations or parts hereof, which are inconsistent with the
provisions of this Act, are hereby deemed repealed, amended or modified.

SEC. 12. Separability Clause. -If any provision or part of this Act is
declared invalid or unconstitutional, such parts or provisions not affected
thereby shall remain in full force and effect.

SEC. 13. Effectivity. — This Act shall take effect fifteen days from the

date of its publication in two (2) newspapers of general circulation.

Approved,