© recerven >

( 2 y_HUL 1 3 2018
TIME:
Republic of the Philippines \e BY:
HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila
Se INDEX y

EIGHTEENTH CONGRESS
First Regular Session

House Bill No._ 1978

Introduced by Representative Gabriel H. Bordado, Jr.

EXPLANATORY NOTE

The 1987 Constitution of the Republic of the Philippines audaciously spells out in
Article Il Section 26: “The State shall guarantee equal access to opportunities for public
service and prohibit political dynasties as may be defined by law.” Unfortunately, the

phrase “as may be defined by law,” has eventually served as a counterpoint to the
perceived audacity.

More than three decades after the ratification of the Constitution, no law has yet
been passed to address the deleterious effects of the so called dynasties in the
Philippine political arena. Studies conducted by reputable institutions indicate the
prevalence of poverty in areas dominated or ruled by persons related to one another.

There had been attempts from both houses of Congress to vevify the noble intent
of the charter. Yet nobody seemed to have made the mark. In the meantime, political
dynasties continue to flourish, making a mockery of that specific constitutional provision.

The approval of this bill is, therefore, seriously desired

Lechruppadeds J

Representative
3" District, Camarines Sur


eoarvranerwvne

10
cE
12
13
14
15
16
ci
18

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No,__1878

Introduced by Representative Gabriel H. Bordado, Jr.

AN ACT
PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNASTIES

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

SECTION 4. Title. - This Act shall be known as “The Anti-Political Dynasty Act.”

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to
guarantee equal access and opportunity to public office and service to the public. Towards the
end, it is likewise declared the policy of the state to prohibit political dynasties as hereinafter
defined.

SEC. 3. Definition of Terms. — For the purposes of this Act, the following definitions
shall be used:

(a) “Political Dynasty’ - the concentration, consolidation or perpetuation of public office
and political power by persons related to one another.

(b) “Political Dynasty Relationship’ ~ exists when a person who is the spouse of an
incumbent elective office or a relative within the second civil degree of consanguinity
or affinity of an incumbent elective official holds or runs for an elective office
simultaneously with the incumbent elective official within the same city and/or
province or occupies the same office immediately after the term of office of the
incumbent elective official. A political dynasty shall also be deemed to exist where
two (2) or more persons who are spouses or are related within the second civil
degree of consanguinity or affinity run simultaneously for elective public office within


19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39

a
42
43
44
45
46
47
48
49
50
51
52

the same city and/or province, even if neither is so related to an incumbent elective
official.

(c) “Spouse” — the legal or common law wife or husband of the incumbent elective
official.

(a) “Second Civil Degree of Consanguinity or Affinity’ — includes the relatives of a
person who may be the latter's brother or sister, direct ascendant or direct
descendant, whether legitimate or illegitimate, full or half blood, including their
spouses.

(e) “Term Limits” ~ the maximum term limits for elected public officials as provided for in
the Constitution.

() “Running for an Elective Office” - deemed to commence upon the filing of the
certificate of candidacy by a candidate with the Commission on Elections
(COMELEC).

(g) “Holding an Elective Office” - deemed to commence from the moment the public
official takes his or her oath of office.

SEC 4. Application. — This Act shall govern and be applicable to the next elections and

to all subsequent elections thereafter,

SEC. 5. Persons Covered; Prohibited Candidates. — No spouse, or person related
within the second degree of consanguinity or affinity, whether legitimate or illegitimate, full or
half blood, to an incumbent elective official seeking re-election shall be allowed to hold or run for
any elective office in the same province in the same election

In case the constituency of the incumbent elective official is national in character, the
above relatives shall be disqualified from running only within the same province where the
former is a registered voter.

In case where none of the candidates is related to an incumbent elective official within
the second degree of consanguinity or affinity, but are related to one another within the said
prohibited degree, they, including their spouses, shall be disqualified from holding or running for
any local elective office within the same province in the same election.

In all cases, no person within the prohibited civil degree of relationship to the incumbent
shall immediately succeed to the position of the latter.

SEC. 6. Statement with the Commission on Elections. — Any person running for any
elective public office shall file a sworn statement with the COMELEC that he or she does not
have a political dynasty relationship with an incumbent elective official running for an elective
public office in the same city and/or province other than that of the position earlier mentioned.


53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
Ze
2
BB
14
75
76
7
B
79
80
81
82

SEC. 7. Effect of Violation of the Prohibition. — The COMELEC shall, motu propio or
upon verified petition of any interested party, deny due course to any certificate of candidacy
filed in violation of this Act and the votes cast for the disqualified candidate, if any, shall not be
counted and deemed not counted nor shall such candidate be proclaimed nor be qualified to
assume office.

SEC 8. Period for Filing Petition for Disqualification. - Any citizen of voting age,
candidate or duly registered political party, organization, or coalition of political parties may file
with the COMELEC, after the last day for filing or certificates of candidacy and before
proclamation, a petition to disqualify a candidate on grounds provided for under Section 5
hereof.

In the event a candidate disqualified under this Act shall have been proclaimed and has
assumed office, his or her political dynasty relationship shall be a ground for disqualification in
appropriate quo warranto or other proceedings.

SEC. 9. Summary Proceedings. - The petition shall be heard and decided summarily
by the COMELEC, after due notice and hearing, and its decision shall be executory after the
lapse of five (5) days from receipt thereof by the losing party.

SEC 10. Effect of Petition if Unresolved Before Completion of Canvass. — If the
petition, for reasons beyond the control of the COMELEC, cannot be decided before the
completion of the canvass, the votes cast for the respondent shall be included in the counting
and canvassing: Provided further, that in cases where disqualified candidate has been
proclaimed he or she shall forfeit his or her right to the office upon the decision of the
COMELEC, as the case maybe.

SEC. 11. Implementing Rules and Regulation. - The COMELEC shall promulgate the
rules and regulation for the implementation of the provisions of this Act.

SEC. 12. Repealing Clause. — Alll laws inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 13. Separability Clause. — if any of the sections or provisions of this Act is held
invalid, all the other provisions not affected thereby shall remain valid

SEC. 14. Effectivity Clause. - This Act shall take effect fifteen (15) days from the date
of its publication in at least two (2) newspapers of general circulation in the Philippines.

Approved,


———
Se REPRE oi .

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 1978

Introduced by Representative Gabriel H. Bordado, Jr.

EXPLANATORY NOTE

The 1987 Constitution of the Republic of the Philippines audaciously spells out in
Article I Section 26: "The State shall guarantee equal access to opportunities for public
service and prohibit political dynasties as may be defined by law.” Unfortunately, the

phrase “as may be defined by law,” has eventually served as a counterpoint to the
perceived audacity,

More than three decades after the ratification of the Constitution, no law has yet
been passed to address the deleterious effects of the so called dynasties in the
Philippine political arena. Studies conducted by reputable institutions indicate the
prevalence of poverty in areas dominated or ruled by persons related to one another.

There had been attempts from both houses of Congress to vevify the noble intent
of the charter. Yet nobody seemed to have made the mark. In the meantime, political
dynasties continue to flourish, making a mockery of that specific constitutional provision.

The approval of this bill is, therefore, seriously desired.

(

Representative
3" District, Camarines Sur


© evraunswne

10
cE
12
13
14
15
16
7
18

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 1978

Introduced by Representative Gabriel H. Bordado, Jr.

AN ACT
PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNASTIES

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

SECTION 1. Title. - This Act shall be known as “The Anti-Political Dynasty Act.”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to
guarantee equal access and opportunity to public office and service to the public. Towards the
end, it is likewise declared the policy of the state to prohibit political dynasties as hereinafter
defined,

SEC. 3. Definition of Terms. — For the purposes of this Act, the following definitions
shall be used:

(a) “Political Dynasty’ - the concentration, consolidation or perpetuation of public office
and political power by persons related to one another.

(b) “Political Dynasty Relationship" - exists when a person who is the spouse of an
incumbent elective office or a relative within the second civil degree of consanguinity
or affinity of an incumbent elective official holds or runs for an elective office
simultaneously with the incumbent elective official within the same city and/or
province or occupies the same office immediately after the term of office of the
incumbent elective official. A political dynasty shall also be deemed to exist where
two (2) or more persons who are spouses or are related within the second civil
degree of consanguinity or affinity run simultaneously for elective public office within


19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
a
42
43

45
46
a7
48
49
50
St
52

the same city and/or province, even if neither is so related to an incumbent elective
official.

(©) “Spouse” — the legal or common law wife or husband of the incumbent elective
official,

(d) “Second Civil Degree of Consanguinity or Affinity” — includes the relatives of a
Person who may be the latter's brother or sister, direct ascendant or direct
descendant, whether legitimate or illegitimate, full or half blood, including their
spouses,

(e) “Term Limits” - the maximum term limits for elected public officials as provided for in
the Constitution.

( “Running for an Elective Office” ~ deemed to commence upon the filing of the
certificate of candidacy by a candidate with the Commission on Elections
(COMELEC),

(9) “Holding an Elective Office" - deemed to commence from the moment the public
official takes his or her oath of office.

SEC 4. Application. — This Act shall govern and be applicable to the next elections and

to all subsequent elections thereafter.

SEC. 5. Persons Covered; Prohibited Candidates. - No spouse, or person related
within the second degree of consanguinity or affinity, whether legitimate or illegitimate, full or
half blood, to an incumbent elective official seeking re-election shall be allowed to hold or run for
any elective office in the same province in the same election.

'n case the constituency of the incumbent elective official is national in character, the
above relatives shall be disqualified from running only within the same province where the
former is a registered voter.

In case where none of the candidates is related to an incumbent elective official within
the second degree of consanguinity or affinity, but are related to one another within the said
Prohibited degree, they, including their spouses, shall be disqualified from holding or running for
any local elective office within the same province in the same election.

'n all cases, no person within the prohibited civil degree of relationship to the incumbent
shall immediately succeed to the position of the latter.

SEC. 6. Statement with the Commission on Elections. — Any person running for any
elective public office shall file a sworn statement with the COMELEC that he or she does not
have a political dynasty relationship with an incumbent elective official running for an elective
Public office in the same city and/or province other than that of the position earlier mentioned.


53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
7
78
79
80
81
82

SEC. 7. Effect of Violation of the Prohibition. - The COMELEC shall, motu propio or
upon verified petition of any interested party, deny due course to any certificate of candidacy
filed in violation of this Act and the votes cast for the disqualified candidate, if any, shall not be
counted and deemed not counted nor shall such candidate be proclaimed nor be qualified to
assume office.

SEC 8. Period for Filing Petition for Disqualification. - Any citizen of voting age,
candidate or duly registered political party, organization, or coalition of political parties may file
with the COMELEC, after the last day for filing or certificates of candidacy and before
proclamation, a petition to disqualify a candidate on grounds provided for under Section 5
hereof.

In the event a candidate disqualified under this Act shall have been proclaimed and has
assumed office, his or her political dynasty relationship shall be a ground for disqualification in
appropriate quo warranto or other proceedings.

SEC. 9. Summary Proceedings. — The petition shall be heard and decided summarily
by the COMELEC, after due notice and hearing, and its decision shall be executory after the
lapse of five (5) days from receipt thereof by the losing party.

SEC 10. Effect of Petition if Unresolved Before Completion of Canvass. - If the
petition, for reasons beyond the control of the COMELEC, cannot be decided before the
completion of the canvass, the votes cast for the respondent shall be included in the counting

and canvassing: Provided further, that in cases where disqualified candidate has been
proclaimed he or she shall forfeit his or her right to the office upon the decision of the
COMELEC, as the case maybe.

SEC. 11. Implementing Rules and Regulation. - The COMELEC shall promulgate the
rules and regulation for the implementation of the provisions of this Act.

SEC. 12. Repealing Clause. — All laws inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 13. Separability Clause. — if any of the sections or provisions of this Act is held
invalid, all the other provisions not affected thereby shall remain valid.

SEC. 14. Effectivity Clause. — This Act shall take effect fifteen (15) days from the date
of its publication in at least two (2) newspapers of general circulation in the Philippines.

Approved,