Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

2309

HOUSE BILL No.

Introduced by Reps. TEDDY A. CASINO and NERI JAVIER COLMENARES

EXPLANATORY NOTE

Article II Seetion 26 of the 1987 Constitution states that:
public service and prohibit political dynasties as may be defined by law.” To attain this goal of
democratizing political power, the state should lessen the ability of incumbent officials to use

government resources to entrench themselves and their families in power. A law defining and
banning political dynasties is paramount towards this end.

The Scate shall guarantee equal access to

However, experience shows that such a bill is virtually impossible to pass in a Congress dominated.
by political clans and dynasties. Thus, a compromise measure is being offered to simply ban the
naming of public properues, public services and government programs after incumbent public
official and their immediate relatives. This would, at least, put a stop to one of the most despised
practices of political dynasties.

Por clearly, itis immoral and unethical for any incumbent official to name government properties,
services oF pros financed as the: Af or his/her
immed ch an act indi and glory in order
(© perpetuate oneself oF one’ ac the expense of goverament resources.

are by taxpayers’ money, after himself /he1
tes that the public official is soliciting fam.
family in po

te relatives.

This bill was filed during the 14" Congress as House Bill 2026, We are filing it again this Congres
with the renewed hope thar this will be enacted. Through this measure, we hope to conttibute one
little step to the realization of the Constitutional ban on political dynasties.

In view of the foregoing, the pa of this bill is eamnestly sought.

ipprowed, -

Te ef Ye 7
TIEDDY A. CASINO. /NERI JAVAER COLMENARES
Bayan Muna Party-list Bayh Mona Party

i


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session
2309

HOUSE BILL No.

s. TEDDY A. CASINO and NER! JAVIER COLMENARES

Introduce

AN ACT
PROHIBITING THE NAMING OF PUBLIC PROPERTIES AND GOVERNMENT
SERVICES AFTER INCUMBENT ELECTED PUBLIC OFFICIALS, THEIR KIN,
SPOUSES AND RELATIVES OF UP TO FOURTH CIVIL DEGREE OF
CONSANGUINITY AND PROVIDING PENALTIES THEREOF AND FOR OTHER
PURPOSES

SECTION 1. Declaration of Principles —t is hereby declared a policy of the State to guarantee
equal and opportunity to public office and service. Toward this end, itis likewise declared 2
policy of the state to prohibit political dynasties and lessen the capability of incumbent elected
officials to gain unfair advantage for them or their relatives in the national and local elections.

SECTION 2. Definition of Terms — Vor purposes of this Act, the following terms shall mean:

a. “Spouse” — legal or common law wife or husband;

b. “Civil Degree of Consanguinity or Affinity” — shall refer to the relatives of a person as
defined under Book III title IV Chapter 3 Section 1, Subsection 1 (Article 963-967) the

ew Civil Code”;

¢. “Public Official” — shall refer to person/s who is incumbently holding an elective public
office:

d. “Public Property” y facility, place or infrastructure intended for public
use, or those properties which belong to the state without being for public use but are
intended for some public service or for the development of the national wealth
defined in Book TT, Title 1 Chapter 3 (Article 419-425) of Republic Act 386 otherwise
known as the “New Civil Code”;

e. “Government Services” ~ shall refer to any service or program being implemented and
provided for by any government institution,
comes ftom government or public resource:

nd who's funding either in whole or in part

£. “COMELEC? - shall refer to the Commission on Elections.


SECTION 3. “Naming” so defined As used in this Act, the term “naming of x public property,
government service or government program after a public official or his / her telative” shall mean:

the person’s ennre first name with his surname, or his
‘uune, as part of the name of the property or service;

a. Using a person’s full nam
professional title and surn

b. Using a person’s nickname, alias, pseudonym or moniker as part of the name of the property

or government service;

c. Any name the person uses in his certificate of candidacy as the name s/he would be

generally and be popularly knowns

jentioned coumeration is the

Provided that, then hove

generally known name by which the public of

me being referred ro by th
ial is popularly known,

SECTION 4. Prohibition of Naming of Public Property and Government Service — No
pubhe property and government service situated or being implemented within a public official’s
or can it be named,

ainity.

er te

jurisdiction can be named after the latter for the duration of his / I
after the said public official’s relatives of up to fourth civil degree of con

Likewi
latter's spouse nor the k

no public property situated within « public official’s jurisdiction, ean be named after the
ter's spouse's relatives of up to second civil degree of consanguinity.

SECTION 5. Acronyms and Initials ~ locluded in the prohibition in the naming, of public
property and government services after public officials are the following circumstances

a, Naming the public property or government service in such a way that its popular acronym,
evidently forms the public officials name as defined for under Section 3 of this Act; and,

b, Naming the public property or government service in such a way that letters in the name are
italicized), capitalized, or written to make it evidene that the letters stand out
und correspond to the public official's name as defined for under Section 3 of this ct.

SECTION 6. Absolute Prohibition= Under no circumstances shall any person, whether natural
or juridical, initiate, cause, and approve the naming of any public property or government program
after any public official and his / her relatives within the prohibited civil degree of relationship. Any
ment service after
iid affinity as

proceeding or process that will cause the naming of any public property or yov
's prohibited civil degice of consanguinity

4 public official or within a pubhic offi
provided for in Section 4 shall be void ab initio.

SECTION 7. Liability and Accountability — the following persons ave liable under this Act

a. Any person, whether narural or juridical, who initiace, cause o approve the naming of a
public property or government service;


b. The public off
and,

after whom the public property or government service has been named;

Ail other public officials who are relatives, within the prohibited civil degree of
consanguinity and ailinicy as provided for under Section 4 of this Act, of the public official
after whom the public property or government service has been named provided that, the

former have jurisdiction over which the public property is siruared, or where the government

service is being implemented.

In the case of subparagraph (b} and (6), it should be proven that the public officials concerned have
participated or have influenced, either directly or indirectly, the naming of the public propesty or
government service

SECTION 8. Penalties— Any person who violates any provisions of this Act shall be penalized
accordingly

Fis
than

‘ais

— A fine of not less than ewenty thousand pesos {P20,000.00) bur nor more
fty thousa

1d pesos (P50,000.U0) in the discretion of the court

“Second Offense” — A fine of nor less than fifty thousand pesos (P50,00U) but nor more
than seventy thousand pesos (P70,000.00) and temporary perpetual disqualification from
holding any public office of not less than three years but not more than six years in the
discretion of the courts; and,

“Third Offense” — A fiue of aor less than one hundred thousand pesos (11100,000.00) bur
nor more than three hundred thousand pesos (P300,U00.40) and absolute perpetual
disqualification from holding any office in the discretion of the courts

SECTION 9. Effect of disqualification trom public office~ Whe CONV. UC shall motu propio
or upon venified petition of any Filipino citizen of voring age, deny a certificate of candidacy for any
person penalized by disqualification by this Act.

Any Filipino citizen of voting age may file with the COMELE:
certifi

*, after the last day of filing of
es of candidacy and before proclamation of winners, a petition to disqualify a candidace on
grounds provided for by this .Aet.

Uhe decision of the COMELEC shall be e:
disqualified party.

secutory five days after receipt of the norice by the

SECTION 10. Efivet of Petition if Unresolved Betore Completion of Canvass —\f the petition
before the COMELEC, for reasons beyond their control, cannot be decided before the completion

of the canv
pru
provided for in S

the votes cast for the respondent shall be included in the counting and canvassing,
ded bowever, chat if the respondent is found guilty and is thereby penalized by disqualification as
rion 7 of this Act, the candidate’s proclamation shall be suspended: provided
further, that in case where the disqualified candidate has been proclaimed, s/he shall ipso £icto
forfeit his / her nghe co the office;



SECTION Ii. Separability Clause— Vf any provisions of thi
unconstitutional, other provisions hereof which are
force and effect.

Act is declared invalid or
Jol affected thereby shall continue to be in full

SECTION 12. Repealing Clause — XU provisions of laws, orders, decrees, including rules and
regulations inconsistent herewith are hezeby repealed or modified accordingls:

ION 13. Bffectivity Clause ~Vhis Act shall take effect {15} days following ics publication in
the Official Gazette or a¢ least ovo @} national newspaper of national circulauun,

Ipprowd,