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

Thirteenth Congress
First Regular Session

265

House Bill No..

Introduced by Honorable Prospero C. Nograles

EXPLANATORY NOTE

A public office is a public trust. The constitution mandates all public
officials to be accountable at all times to the people and serve them with
utmost responsibility, integrity, loyalty and efficiency.

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

This law has been criticized for abetting the unfair and unequal
treatment of candidates. The law is bias for those who aspire for the
offices of President and Vice-President, 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 negates 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 Fair Election
Practices Act, which repealed altogether Section 67 of BP 881. As the law
now stands, any elective public official can run for any public office other
than the one he is holding without the risk of losing said office.

It Is believed that this faulty 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.


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

Thirteenth Congress
First Regular Session

House Bill No.

Introduced by Honorable Prospero C. Nograles

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

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

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

SECTION 2. Repeating Clause. — All laws, presidential decrees,
executive orders, rules and regulations, and parts thereof, which are
inconsistent with the provisions of this Act, are hereby repealed or
modifies 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— This Act shall take effect fifteen (15) days
following its publication in three (3) newspapers of general circulation.

Approved,