13” CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Ralph G. Recto 
EXPLANATORY NOTE 
The May 2004 national elections has been concluded after more 
than a month of heated debates and accusations of massive fraud, 
cheating and tampering of votes by both the opposition and the 
administration parties. Philippine campaign politics have always been 
criticized for not being mature, a very young democracy. As such, there 
have been charges of the administration candidates using public funds 
for their campaign and political gains. 
This bill seeks to amend Section 66 of Batas Pambansa Bilang 881 
otherwise known as, “The Omnibus Election Code” by mandating Cabinet 
members and other members of the Executive department to tender their 
resignation and actually leave government service at least one year 
before elections. 
The existing law provides that persons holding public appointive 
office or position, including active members of the Armed Forces of the 
Philippines, and officers and employees in government-owned or 
controlled corporations, shall be considered ipso facto resigned from his 
office upon the filing of his certificate of candidacy. 
Cabinet members and other members of the Executive department 
have available at their disposal government resources to prepare for their 
election campaign. This bill is sought to lessen, if not eliminate, graft and 
corruption in the government. Resigning one year before the election 
would help avoid the situation where government officials use their offices 
for their personal political aspirations. 
They have to devote their time to their work and not undertake 
campaign activities while performing their duties as 
appointed 
government officials. After all, civil servants are expected to be non- 
Dartisan. 
In light of the foregoing, the approval of this bill is earnestly 


13" CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Ralph G. Recto 
AN ACT 
AMENDING SECTION 66 OF BATAS PAMBANSA BILANG 881 OTHERWISE 
KNOWN AS, "THE OMNIBUS ELECTION CODE," AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
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Section 66 of Batas Pambansa Bilang 881, otherwise 
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known as the "Omnibus Election Code of the Philippines," is hereby 
SECTION 1. 
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"SEC. 66. 
Candidates Holding Elective Office. - Any person 
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holding a public appointive office or position, including active 
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members of the Armed Forces of the Philippines, and officers and 
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employees in government-owned or controlled corporations, shall 
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[be considered ipso facto resigned from his office upon the filing of 
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his certificate of candidacy] TENDER HIS RESIGNATION AND LEAVE 
amended to read as follows: 
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CERTIFICATE OF CANDIDACY." 
GOVERNMENT SERVICE ONE (1) YEAR PRIOR TO THE FILING OF HIS 
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SEC. 2. 
Repealing Clause. - All laws or parts thereof, decrees, 
orders, rules and regulations inconsistent with the provisions of this 
Act are hereby repealed or modified accordingly. 
SEC. 3. Separability Clause. - If any provision of this Act is declared 
unconstitutional or invalid, the other provisions not affected thereby 
shall remain in full force and effect. 
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SEC. 5. Effectivity Clause. - This Act shall take effect immediately 
following its publication in a newspaper of general circulation or in 
the Official Gazette, whichever comes first. 
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Approved, 
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