__ REPUBLIC OF THE PHILIPPINES __
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EWED

7 ReCe ON 20

FIFTEENTH CONGRESS
Second Regular Session

commirree Report no. 1208

488

Submitted by the Committee on Suffrage and Electoral Reforms on _! © °/1 >

5481

Re : House Bill No.
Recommending Its Approval In Substitution of HB No. 3629

Sponsors : Representatives Elpidio F. Barzaga, Jr.,
Rufus B. Rodriguez and Maximo B. Rodriguez

Mr. Speaker:

The Committee on Suffrage and Electoral Reforms, to which was referred House Bill No.
3629 introduced by the Honorable Representatives Rufus B. Rodrigue7 and Maximo B.
Rodriguez, entitled:

“AN ACT
MANDATING THAT APPOINTIVE PUBLIC OFFICIALS ARE
CONSIDERED RESIGNED FROM THEIR OFFICES UPON THEIR FILING OF
THE CERTIFICATE OF CANDIDACY FOR ANY ELECTIVE PUBLIC Sor
5481

has considered the same and recommends that the attached House Bill No.” ___ entitled:

“AN ACT
PROVIDING FOR THE DISQUALIFICATION OF ANY PERSON HOLDING A PUBLIC
APPOINTIVE OFFICE WHO FAILS TO VACATE A PUBLIC APPOINTIVE OFFICE ON THE
DAY OF FILING OF THE CERTIFICATE OF CANDIDACY FOR ANY ELECTIVE POSITION,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8436, AS AMENDED”

with the Honorable Representatives Rufus B. Rodriguez and Maximo B. Rodriguez, as

the authors thereof.
newemce =i jtted:
fae

HON. ELPIDIO fF. BARZAGA, JR.
Chairman
Committee on Suffrage and Electoral Reforms


Republic of the Philippines
Bouse of Representatives

Fifteenth Congress
Second Regular Session

54

HOUSE BILL NO.

Introduced by Representatives Rufus B. Rodriguez and Maximo B. Rodriguez

AN ACT
PROVIDING FOR THE DISQUALIFICATION OF ANY PERSON
HOLDING A PUBLIC APPOINTIVE OFFICE WHO FAILS TCG VACATE A
PUBLIC APPOINTIVE OFFICE ON THE DAY OF FILING OF THE
CERTIFICATE OF CANDIDACY FOR ANY ELECTIVE POSITION,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8436, AS
AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1, Section 15 of Republic Act No. 8436, as amended, is hereby

further amended to read as follows:

“SECTION 15. Official Ballot. — The Commission shall
prestribe the format of the electronic display and/or the size and form
of the official ballot, which shall contain the titles of the positions to be
filled and/or the propositions to be voted upon in an ¢ itiative,
referendum or plebiscite. Where practicable, electronic displays must

be constructed to present the names of all candidates for the same

in the same page or screen, otherwise, the electronic displays



must be constructed to present the entire ballot to the voter, in & series
of sequential pages, and to ensure that the voter sees all of the ballot
options on all pages before completing his or her vote dnd to allow the
voter to review and change all ballot choices prior to completing and
casting his or her ballot. Under each position to be filled, the names of
candidates shall be arranged alphabetically by surname and uniformly
indicated using the same type size. The maiden or married name shall
be listed in the official ballot, as preferred by the female candidate.
Under each proposition to be voted upon, the choices should be
uniformly indicated using the same font and size.
xxx XXX Boog

For this purpose, the Commission shall set the deadline for the
filing of certificate of candidacy/petition for registration/manifestation
to participate in the election. Any person who files his certificate of
candidacy within this period shall only be considered as a candidate at
the start of the campaign period for which he filed his certificate of
candidacy: Provided, That, unlawful acts or omissions applicable to a
candidate shall take effect only upon the start of the aforesaid campaign
period: Provided, [finally] FURTHER, That any person holding a
public appointive office or position, including active members of the
armed forces, and officers and employees in government-owned or —
controlled corporations, shall be considered ipso facto resigned from
[histher] office and must vacate the same at the start of the day of the
filing of [his/her certification] THE CERTIFICATE of candidacy:
PROVIDED, FINALLY, THAT ANY APPOINTIVE OFFICIAL WHO
FAILS TO VACATE THE OFFICE ON THE DAY OF FILING THE
CERTIFICATE OF CANDIDACY SHALL BE AUTOMATICALLY


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DISQUALIFIED AS CANDIDATE FOR THE ELECTIVE
POSITION AND SHALL NOT BE ELIGIBLE TO ASSUME THE

FUNCTIONS OF THE ELECTIVE OFFICE .

XXX XXX Xxx.”

SEC. 2. Repealing Clause, — All laws, decrees, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 3. Separability Clause. — lf, for any reason, any part or p.vvision of this
Act is declared invalid or unconstitutional, the remaining parts or provisions not
affected thereby shall remain in full force and effect.

SEC. 3. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) national newspapers of general
circulation.

Approved,


FACT SHEET

House Bill No, 928+
(In substitution of HB No. 3629)

AN ACT
PROVIDING FOR THE DISQUALIFICATION OF ANY PERSON HOLDING A PUBLIC
APPOINTIVE OFFICE WHO FAILS TO VACATE A PUBLIC APPOINTIVE OFFICE
ON THE DAY OF FILING OF THE CERTIFICATE OF CANDIDACY FOR ANY
ELECTIVE POSITION, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8436,
AS AMENDED

Introduced by: HON. RUFUS B, RODRIGUEZ and
HON. MAXIMO B. RODRIGUEZ, JR.

Committee Referral: Committee on Suffrage and Electoral Reform:
Committee Chairperson: HON. ELPIDIO F. BARZAGA, JR.

OBJECTIVE:

* To ensure that appointive officials do not use the power and resources of their
office in campaigning for elective positions.

KEY PROVISIONS:

* Mandates that any appointive official who fails to vacate the office on the day of
filing the certificate of candidacy shall be automatically disqualified as candidate
for the elective position and shail not be eligible to assume the functions of the
elective office.

RELATED LAWS:

* Republic Act No. 8436 (Automated Election Act)
* Republic Act No. 9006 (Fair Elections Act)
* Republic Act No. 9369 (amending R.A. No. 8436)