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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 8 74 =

Introduced by: Rep. RACHEL MARGUERITE “CUTIE” DEL MAR

EXPLANATORY NOTE

The prevalence of political dynasties had been clearly established and
apparent in political spectrum in the Philippines. Undisputedly, political
dynasties have negative consequences that includes increased poverty,
corruption, and reduced electoral competition. They can also lead to the
concentration of power within families, undermining democratic principles
and limiting opportunities for broader participation in politics. Furthermore,
they can contribute to unequal development between regions, with dynastic
politicians potentially diverting resources to their own areas and neglecting
others.

For more than three decades after the ratification of the Constitution,
no law has yet been passed for the relating to the prohibition of political
dynasty in the Philippines. As explicitly expressed in Article II Section 26 of
the 1987 Philippine Constitution: "The State shall guarantee equal access to
opportunities for public service and prohibit political dynasties, as may be
defined by law."

There had been attempts from both houses of Congress to verify the
noble intent of the charter. The Congress, in both chambers, have been
heavily criticized for the toll in the passage of the Anti-Political Dynasty bill.
This is because the very legislators who should be enacting the measure
were the same legislators that belonged to the political dynasty. Only
leadership with political will can really passed this measure and should
truly be applauded for advancing the interest of the nation than of
themselves.

In view of the foregoing, the approval of this bill is earnestly sought.

RACHEL sayin’ sb DEL MAR


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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 874

Introduced by: REP. RACHEL MARGUERITE “CUTIE” DEL MAR

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

(c) "Spouse" refers tothe 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;

(c) "Term limits” refers to the maximum term limits for elected public officials as
provided for in the Constitution;

() "Running for an elective office” commences when the certificate of candidacy
has been filed before the Commission on Elections (COMELEC);

(g) "Holding an elective office" commences when the public official takes the
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 any
of the incumbent elective official running for an elective public office in the same city
and/or province other than that of the position earlier mentioned.

SEC. 7. Effect of Violation of the Prohibition. - The COMELEC shall,
motu proprio 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 however, 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,