Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

1378

House Bill No.

Introduced by Representative Fredenil H.Castro

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

‘The 1987 Constitution guarantees the equal access to opportunities for public service.
To this end, Congress has then strived to enact laws to ensure that the political playing field is
levelled. Hence, laws ensuring fair elections have been passed, while bills prohibiting
political dynasties have been aggressively pushed, among others. While it has been a long
standing policy that appointed public officials are considered automatically resigned from
their appointive positions when they run for a public office, yet, there has been confusions on

the exact date when an appointed public official is deemed resigned from his appointive
position.

It is the intention of this bill to prevent appointed public officials who run for public
elected office from utilizing government resources for their political advantage. This bill
aims to further strengthen and clarify the long established policy that appointed public
officials are automatically deemed resigned from their office upon filing of their certificate of
candidacy for any elective position.

Accordingly, the passage of this bill is imperative.

DENIL H. CASTRO
Representative, 2! Dist. Capiz



EIGHTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

HOUSE BILL No. _1378

Introduced by Representative Fredenil H. Castro

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 1 | 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 and/or the size and
form of the official ballot, which shall contain the titles of the
sitions to be filled and/ or the propositions to be voted upon in an
initiative, referendum or plebiscite. Where practicable, electronic
displays must be constructed 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 before completing
his or her vote and to allow the voter to review and change all
ballot choices prior to completing and casting his ot 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.

XXX XXX XXX

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 ipso facto resigned
from [his/ her] THE office and must vacate the same at the start of
the day of the filing of [his or 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 CAN
DIDACY SHALL BE AUTOMATICALLY DISQUALIFIED
AS CANDIDATE FOR THE ELECTIVE POSITION AND
SHALL NOT, BE ELIGIBLE TO ASSUME THE
FUNCTIONS OF THE ELECTIVE OFFICE

XXX XXX XXX

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 two (2) national newspapers of general circulation.

Approved,