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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

6210

HOUSE BILL NO.

Introduced by HONORABLE EDCEL “GREX” B. LAGMAN

EXPLANATORY NOTE

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 of President and Vice-
president, is considered resigned from office upon filing of his certificate of candidacy.

This law has been criticized for abetting the unfair and unequal treatment of candidates.
The law is biased to those who aspire for the offices of President 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 negated the
policy against nuisance candidates. The law provides a constant source of encouragement for
incumbent elective officials, who nurture the thinking that since they 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No. 9006, otherwise known as the Fait Elections Practices Act, which repealed altogether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.

ED, x” B. LAGMAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House BILLNO.__ 6219

Introduced by HONORABLE EDCEL “GREX” B. LAGMAN

AN ACT
DECLARING AN ELECTIVE OFFICIAL IPSO FACTO RESIGNED FROM HIS OFFICE
UPON FILING OF HIS CERTIFICATE OF CANDIDACY

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

SECTION 1. Candidates holding elective office. - Any elective official, whether national or local,
Tunning for any office other than the one which he is holding in a permanent capacity, shall be
considered ipso facto resigned from his office upon the filing of his certificate of candidacy.

SECTION 2. Repealing Clause — Certain provisions of Republic Act 9006, otherwise known as the
“Fair Elections Practices Act” and all laws, presidential decrees, executive orders, rules and
regulations, and part thereof, which are inconsistent with the provisions of this Act, are hereby
repealed or modified accordingly.

SECTION 3. Separability Clause. - If any part or provision of this Act shall be declared as
Unconstitutional or invalid, other provisions hereof which are not affected shall continue to be
in full force and effect.

SECTION 4. Effectivity Clause. - This Act shall take effect fifteen (15) days following its
Publication in three (3) newspapers of general circulation.

Approved,