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

NINETEENTH CONGRESS
First Regular Session

House Bill No.

Introduced by Representative Gabriel H. Bordado, Jr.

EXPLANATORY NOTE

The 1987 Constitution of the Republic of the Philippines audaciously spells out in
Article II 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. And while
countless political dynasties crop up and continue to flourish in the Philippines, they have
barely improved the general welfare of their constituents, if at all.

There had been attempts from both houses of Congress to verify 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.

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Third District Camarines Sur


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

NINETEENTH CONGRESS
First Regular Session

House Bill No. 389

resentative

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”
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

exists when a person who is the spouse of an

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


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(c) “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).

(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


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political dynasty relationship with an incumbent elective official running for an elective public office
in the same city andior province other than that of the position earlier mentioned.

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.


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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,