Republic of the Philippine
HOUSE OF oul ES

RECEIVED

pare 05 SEP 2016
tive Paw

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REGISTRATION UNIT
BILLS AND INDEX SERVICE

Quezon City

SEVENTEENTH soit
First Regular Session |

House BILL No.8444¢

Introduced by Representative MARLYN L. PRIMICIAS-AGABAS,

AN ACT
PROVIDING FOR THE DISQUALIFICATION OF ANY PERSON HOLDING A
PUBLIC APPOINTIVE OFFICE WHO FAILS TO VACATE A PUBLIC APPOINTIVE
OFFICE ON THE DAY OF FILING OF THE CERTIFICATE OF CANDIDACY FOR
ANY ELECTIVE POSITION, AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 8436, AS AMENDED

EXPLANATORY NOTE

Elections in the Philippines comes every three (3) years. It gives the
electorate time to choose and elect their respective leaders and to validate the
election of public officials every three (3) years. It also allows anybody, otherwise not
disqualified, equal access to public office the opportunity to serve the people.

Under the Philippine laws, a public official or employee appointed to office is
deemed resigned from his post upon filing of his or her certificate of candidacy. But
the term “deemed resigned’ draws confusion as to whether when an official or
employee will actually file his resignation and the actual date of effectivity of vacating
his post. Besides, the advantage of still in the office even after the filing of certificate
of candidacy is not in accord with the principles of fair elections.

This bill aims to put to rest the issue as to whether or not an appointed official
or employee need to file his resignation when he files his certificate of candidacy
Also, the non-resignation from an appointive post will result to non-qualification to the
elective post and to assume the office if ever elected

For these reasons, approval of this proposal is earnestly requested

HOUSLF REPRESENTATIVES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3 444

AN ACT
PROVIDING FOR THE DISQUALIFICATION OF ANY PERSON HOLDING A
PUBLIC APPOINTIVE OFFICE WHO FAILS TO VACATE A PUBLIC APPOINTIVE
OFFICE ON THE DAY OF FILING OF THE CERTIFICATE OF CANDIDACY FOR
ANY ELECTIVE POSITION, AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 8436, AS AMENDED

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

SECTION 1. Section 11 of Republic Act No. 8436, as amended, is hereby further
amended to read as follows:

“SECTION 11. Official Ballot. - The Commission shall prescribe
the format of the electronic display andior the size and form of the oficial
ballot, which shall contain the titles of the positions to be filled and/or the
propositions to be voted upon in an initiative, referendum or plebiscite.
Where practicable, electronic displays must be construed to present the
names of all candidates for the same position in the same page or
screen, otherwise, the electronic displays must be constructed to present
the entire ballot to the voter, in a series of sequential pages, and to
ensure that the voter sees all of the ballot options on all pages, and to
ensure that the voter sees all of the ballot options on all pages before
completing his or her vote and to allow the voter to review and change all
ballot choices prior to completing and casting his or her ballot. Under
each position to be filled, the names of candidates shall be arranged
alphabetically by surname and uniformly indicated using the same type
size. The maiden or married name shall be listed in the official ballot, as
preferred by the female candidate. Under each proposition to be voted
upon, the choices should be uniform indicated using the same font and
size.

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For this purpose, the Commission shall set the deadline for the
filing of certificate of candidacy/petition of registration/manifestation to
participate in the election. Any person who files his certificate of
candidacy within this period shall only be considered as a candidate at
the start of the campaign period for which he filed his certificate of
candidacy: Provided, That, unlawful acts or omissions applicable to a
candidate shall take effect only upon the start of the aforesaid campaign
period: Provided, [finally] FURTHER, That any person holding a public
appointive office or position, including active members of the armed
forces, and officers and employees in government-owned or ~controlled
corporations, shall be considered jpso facto resigned from [his/her] THE
office and must vacate the same at the start of the day of the filing of
[his/her] THE Certificate of candidacy: PROVIDED, FINALLY, THAT
ANY APPOINTIVE OFFICIAL WHO FAILS TO VACATE THE OFFICE
ON THE DAY OF FILING THE CERTIFICATE OF CANDIDACY SHALL
BE AUTOMATICALLY DISQUALIFIED AS CANDIDATE FOR THE
ELECTIVE POSITION AND SHALL NOT, BE ELIGIBLE TO ASSUME
THE FUNCTIONS OF THE ELECTIVE OFFICE

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SEC. 2. All laws, decrees, executive orders; rules and regulations or parts

thereof inconsistent with the provisions of this Act are hereby repealed or modified

accordingly,

SEC. 3. If, for any reason, any part or provision of this Act is declared invalid

or unconstitutional, the remaining parts or provisions not affected thereby shall

remain in full force and effect.

SEC. 4. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a national newspaper of general circulation.

Approved,