SEVENTEENTH CONGRESS 
REPUBLIC OF THE PHILIPPINES
First Regular Session
S E N A T E
S.B. No. 1258
S e n a te
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'16 ttC-1 A10:33
HECElVtO SI'
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In tro d u ced  by SENATOR LOREN LEGARDA
AN ACT PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNASTIES
Explanatory Note
A report by the United Nations Development Programme w ritten by Temario 
Rivera revealed th at 72 out of the 77 provinces included in the study, or 94 
percent, have political families. In the Sbeteenth Congress alone, about two- 
thirds of the outgoing m em bers are m em bers of political families.
Article II, Section 26 of the 1987 Constitution explicitly provides that, “The 
State shall guarantee equal access to public service and prohibit political 
dynasty as may be defined by law.”
The astounding prevalence of political dynasties, where families successively 
rule an elective post or occupy various elected positions sim ultaneously, is a 
clear violation of the constitutional principle of feir competition in the elected 
office.
Pragmatically, studies show th at high poverty incidence directly correlates with 
the presence of political dynasties. In a study conducted by Ronald Mendoza of 
Asian Institute of M anagem ent (AIM), those jurisdictions where d5masties 
prevail the m ost have a higher incidence of poverty, lower index of hum an 
development, and lower standards of living.
In effect, dynasties imperil democracy as people are subdued to run for office 
and left compelled to limitedly choose am ong those who are perennially in 
power, thereby stripping off the genuine and active participation of the citizenry 
th at actuates the full essence of democracy.
As long as there is no law th at controls the spread of their dom ination, families 
will continue to monopolize their power through succession. Hence, the need 
for the passage of this bill strengthen our democracy and fuel political 
inclusiveness.
" ^ reitTegsS a^*
Senator


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^E untc
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SEVENTEENTH CONGRESS 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
*16 OEC-1 A10:33
S E N A T E
1258
HECErVLD 3\-.
S.B. No.
In tro d u ced  by SENATOR LOREN LEGARDA
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. T itle. -  This Act shall be known as “The A nti-Political D ynasty 
Act of 2 0 1 6 .”
SECTION 2. D eclaration o f 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 this end, it is likewise declared the policy of the State to 
prohibit political dynasties as hereinafter defined.
SECTION 3. D efinition o f T erm s. -  The following term s, as used herein, shall 
mean:
1. National Office -  The Senate of the Philippines or the House of 
Representatives.
2. Political Dynasty -  The concentration, consolidation or perpetuation of 
public office and political power by persons related to one another.
Political Dynasty Relationship -  Exists when a person who is the spouse 
of an incum bent elective official, or a relative within the second civil 
degree of consanguinity or affinity of an incum bent elective official holds 
or runs for an elective office sim ultaneously with the incum bent elective 
official within the sam e city an d /o r province, or occupies the sam e office 
immediately after the term  of office of the incum bent 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 sim ultaneously for elective public office within 
the sam e city a n d /o r province, even if neither is so related to an incum bent 
elective official.
4. Spouse -  Shall refer to the legal or common law wife or husband of the 
incum bent elective official.
5. Second Civil Degree of Consanguinity or Affinity -  Shall include the
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relatives of a person who may be the latter’s brother or sister, direct 
ascendant or direct descendant, w hether legitimate or illegitimate, full or 
half blood, including their spouses.
6. Term Limits -  Shall m ean the m axim um  term  limits for elected public 
officials as provided for in the 1987 Constitution and the Local 
Government Code of 1991.
7. Running for an Elective Office -  Shall be deemed to commence upon the 
filing of the certificate of candidacy by a candidate with the Commission 
on Elections (COMELEC).
8. Holding an Elective Office -  Shall be deemed to commence from the 
m om ent the public official takes his or her oath of office.
SECTION 4. P ersons Covered; P rohibited C andidates. -  No spouse, or 
person related within the second degree of consanguinity or affinity, w hether 
legitimate or illegitimate, full or half blood, to an incum bent elective official 
seeking re-election shall be allowed to hold or run for any elective office in the 
same city/ province in the sam e election.
In case the constituency of the incum bent elective official is national in 
character, the above relatives shall be disqualified from running only within the 
same city/province where the former is a registered voter.
In case where none of the candidates is related to an incum bent 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 sam e election.
In all cases, no person within the prohibited civil degree of relationship to the 
incum bent shall immediately succeed to the position of the latter: Provided 
however, that this Section shall not apply to Punong Barangays or m em bers of 
the Sangguniang Barangay.
SECTION 5. S ta te m e n t w ith th e C om m ission on E lections. -  Any person 
running for any elective public office except for that of Barangay official, shall 
file a sworn statem ent with the COMELEC th at he or she does not have a 
political dynasty relationship with an incum bent elective official running for an 
elective public office in the sam e city an d /o r province.
SECTION 6. E ffect o f V iolation o f 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 assum e office.
SECTION 7. Period for Filing P etitio n  for D isqualification. -  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 of certificates of candidacy and before proclam ation, a petition to 
disqualify a candidate on grounds provided for under Section 4 hereof.
SECTION 8. Sum m ary Proceedings. -  The petition shall be heard and decided 
sum m arily by the COMELEC, after due notice and hearing, and its decision


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shall be executoiy after the lapse of five (5) days from receipt thereof by the 
losing party.
SECTION 9. E ffect o f P e titio n  if U nresolved Before C om pletion of C anvass.
-  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 
candidate shall be included in the counting and canvassing: Provided however, 
that if the basis for such disqualification is strong, his or her proclam ation 
shall be suspended notw ithstanding the fact th at he or she received the 
winning num ber of votes in the election: Provided further, that in cases where 
disqualified candidate has been proclaimed he or she shall ipso facto forfeit his 
or her right to the office.
SECTION 10. R ules an d  R egulations. -  The COMELEC shall prom ulgate the 
rules and regulation for the im plem entation of the provisions of this Act.
SECTION 11. R epealing C lause. -  All laws inconsistent with the provisions of 
this Act are hereby repealed or modified accordingly.
SECTION 12. S eparability C lause. — If any of the sections or provisions of this 
Act is held invalid, all the other provisions not affected thereby shall rem ain 
valid.
SECTION 13. E ffectivity C lause. -  This Act shall take effect fifteen (15) days 
from the date of its publication in at least two (2) new spapers of general 
circulation in the Philippines.
Approved,