FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
I, 
First Regular Session 
) 
10 
JUL 20 An :Ui 
SENilr48 
S,No._=-__ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Our Constitution in Article 11, Section 1 provides: 
Sec. 1. Public Office is a public trust. Public Officers and 
employees must, at all times, be accountable to the people, serve 
them with utmost responsibility, integrity, loyalty and efficiency, 
act with patriotism and justice and lead modest lives. 
.j 
However, many public officials use their powers to influence the appointment of persons 
to government posts through the exercise called "political recommendations." The applicants for 
these government positions, in their effort to make use of this culture, themselves solicit these 
political recommendations in order to ensure favorable actions. This perpetuates the "padrino 
system" which allows the appointment of unqualified individual to government positions over 
those who are really qualified based on their merits., 
By enacting a law that punishes the acts of making and soliciting political 
recommendations, we would be able to strengthen our bureaucracy by granting the appointing 
agencies their rightful discretion over their employee activities, which include appointment, 
promotion, assignment, transfer or designation, interim or otherwise, and making sure that such 
decisions are made without undue political influence. 
This bill seeks to punish the persons making and soliciting political recommendations. 1 
I ThIs bill was originally filed in the Fourteenth Congress, Second Regular Session 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
If' 
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SEN'Y'S48 
S. No. _""-__ 
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Introduced by Senator Miriam Defensor Santiago 
,) 
1 
AN ACT 
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TO PROHIBIT THE USE, SOLICITATION AND OFFER OF RECOMMENDATIONS FOR 
3 
PURPOSES OF APPOINTMENT, PROMOTION, ASSIGNMENT, TRANSFER, OR 
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DESIGNATION, INTERIM OR OTHERWISE, OF PUBLIC OFFICER OR EMPLOYEE 
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Be it enacted by the Senate and the House of Representatives of the Philippines in 
6 
Congress assembled: 
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SECTION 1. Short Title. -
This Act shall be known as the "Anti-Political 
8 
Recommendations Act." 
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SECTION 2. Definitions. - In this Act, the term--
lOA. Government-
includes the national government, the local governments, the 
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government-owned 
and 
government-controlled 
corporations, 
and 
all 
other 
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instrumentalities or agencies of the Republic of the Philippines and their branches . 
• 
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B. Public Officer or Employee-
includes elective and appointive officials and 
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employees, permanent or temporary, whether in the classified or unclassified or 
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exempt service, whether or not receiving compensation from the government as 
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defined in the preceding subparagraph. 
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C. Appointing Agency- means the agency who exercises the power to appoint, promote, 
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transfer or designate, interim or otherwise, over the public officer or employee. 
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SECTION 3. Prohibition of Appointment Based on Political Recommendation. - Except 
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as provided in Section 7 of this Act,' each appointment, promotion, assignment, transfer, or 
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designation, interim or otherwise, of an public officer or employee shall be made without regard 
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to any recommendation or statement, oral or written, with respect to any person who requests or 
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is under consideration for such appointment, promotion, assignment, transfer, or designation, 
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made by-
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A. any Member ofthe Senate or House of Representatives 
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B. any official of the national or local government; 
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C. any member of the Judiciary; 
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D. any official of a political party; and 
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E. any other individual or organization. 
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SECTION 4. Prohibition from Issuing Recommendation. - Except as provided in Section 
7 
7 of this Act, a person or organization referred to in paragraphs (A), (B), (C), or (D) of Section 3 
8 
is prohibited from making or transmitting to any other public officer or employee, any 
9 
recommendation or statement, oral or written, with respect to any person who requests or is 
10 
under consideration for any such appointment, promotion, assignment, transfer, or designation. 
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SECTION 5. Prohibition on Solicitation of Recommendation. - . Any person, subject to 
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Section 7 ofthis Act -
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A. shall not solicit, request, consider, or accept any such recommendation or statement; 
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and; 
IS 
B. shall return any such written recommendation or statement received by him, 
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appropriately marked as in violation of this section, to the person or organization 
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making or transmitting the same. 
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SECTION 6. Notice of Prohibition. - Each employment form used in connection with 
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any such appointment, promotion, assignment, transfer, or designation shall contain appropriate 
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language in boldface type informing all persons concerned ofthe provisions of this Act. 
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During the time any such appointment, promotion, assignment, transfer, or designation is 
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under consideration, appropriate notice of the provisions of this section printed in boldface type 
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shall be posted in the post office concerned . 
• 
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SECTION 7. Exceptions. - Any appointing agency may solicit, accept, and consider, and 
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any other individual or organization may furnish or transmit to the appointing agency any 
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statement with respect to a person who requests or is under consideration for such appointment, 
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promotion, assignment, transfer, or designation, if -
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A. the statement is furnished pursuant to a request or requirement of the appointing 
• 
2 
agency and consists solely of an evaluation ofthe work perfonnance, ability, aptitude, 
3 
and general qualifications of such person; 
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B. the statement relates solely to the character and residence of such person; 
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C. the statement is furnished pursuant to a request made by the appointing agency solely 
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in order to detennine whether such person meets the loyalty, suitability, and character 
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requirements for employment with the Government; or 
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D. the statement is furnished by a fonner employer of such person pursuant to a request 
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of the appointing agency, and consists solely of an evaluation of the work 
10 
perfonnance, ability, aptitude, and general qualifications of such person during his 
II 
employment with such fonner employer. 
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SECTION 8. Penalties for Viola,ti0ns. - Any person in violation of any of the provisions 
13 
of this Act shall be punished by a fine of not less than one hundred pesos nor more than one 
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thousand pesos, or by imprisonment not exceeding one year, or by both such fine and 
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imprisonment, at the discretion of the Court. The violation of said section proven in a proper 
16 
administrative proceeding shall be sufficient cause for removal or dismissal of a public officer, 
17 
even if no criminal prosecution is instituted against him. 
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SECTION 9. Competent Court. - Until otherwise provided by law, all prosecutions under 
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this Act shall be within the original jurisdiction of the proper Regional Trial Court. 
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SECTION 10. Separability Clause. - If any provision or part hereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and SUbsisting. 
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SECTION II. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to or is inconsistent 
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with the provision of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
2 
pUblication in at least two (2) newspapers of general circulation. 
3 
Approved, 
lapm091208 
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