Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House BillNo.

Introduced by: REP. EDGAR MARY S. SARMIENTO.

EXPLANATORY NOTE

“A public office is a public trust.”! Thus, the sanctity of candidacy for public office should
always be protected as much as one’s right of suffrage.

In recent years, this sanctity has been undermined, if not mocked, by many who presented
themselves as candidates for public office despite the fact that a court, tribunal or
administrative body found compelling evidence to decide on their guilt and impose upon
them the corresponding penalties including perpetual or temporary disqualification from
holding any public office. These people have relied on the benefits of filing an appeal and the
rule that penalties shall not be made executory pending such appeal

This rule of law has already resulted in some dire consequences for legal precedence and
government flow in general

Allowing persons sentenced to penalties involving disqualification pending appeal to run for
public office paved the way for the (now overturned) Condonation Doctrine. Under the this
theory, the re-election of an official makes him no longer accountable for his previous
misconducts and faults In relation to the present matter, when persons convicted of prior
misconduct are allowed to run pending appeal of their convictions, it allows said persons to
be rid of accountabilities for their past transgressions both in and out of public office

Section 1, Article X!, 1987 Constitution
? Aguinaldo v. Santos (1992)


In the instance where such candidate won the election but lost his/her appeal for his/her
conviction, there’s the untimely and inconvenient vacancy in office of such candidate. This
necessarily disrupts government flow and the rendering of services to the affected
constituents,

Furthermore, allowing a person convicted to be a candidate despite pending appeal results in
the absurd situation where such candidate vies for public office despite a tribunal’s finding of
guilt beyond reasonable doubt and casting doubt on such person’s integrity and qualification
to hold something as important as public trust.

Thus, there is a need to amend the Omnibus Election Code to ensure that the sanctity of
candidacy for public office is protected and to avoid the consequences of allowing, those
already sentenced to be disqualified from still running for office.

SARMIENTO

EDGAR ne



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
‘Third Regular Session

House Bill No. _

Introduced by: REP. EDGAR MARY S. SARMIENTO

AN ACT AMENDING SECTIONS 12 AND 68 OF BATAS PAMBANSA BILANG 881,
ALSO KNOWN AS THE OMNIBUS ELECTION CODE, DISQUALIFYING
PERSONS CONVICTED OR SANCTIONED IN ANY COURT, TRIBUNAL OR
BODY FROM BEING DECLARED AS A CANDIDATE OR FROM HOLDING ANY
PUBLIC OFFICE PENDING APPEAL OF CONVICTION, WHERE THE PENALTY
IMPOSED INCLUDES TEMPORARY OR PERPETUAL DISQUALIFICATION

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

SECTION 1. Section 12 of the Omnibus Election Code is hereby amended to read as
follows:

“Sec. 12. Disqualifications. - Any person who has been declared by competent
authority insane or incompetent, or has been sentenced by final judgment for
subversion, insurrection, rebellion or for any offense for which he has been
sentenced to a penalty of more than eighteen months or for a crime involving moral
turpitude, shall be disqualified to be a candidate and to hold any office, unless he
has been given plenary pardon or granted amnesty

Should the order or judgment imposing the sentence above mentioned be brought
up on appeal, the person so sentenced shall still be disqualified until such ume the
appeal reverses the conviction and acquits such person.



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Any person convicted or sanctioned for any offence in any court, tribunal or body
shall likewise be disqualified from being declared a candidate or, if elected, from
holding public office pending appeal of such conviction or sanction, where the
penalty imposed includes temporary or perpetual disqualification.

All other disqualifications to be a candidate herein provided shall be deemed
removed upon the declaration by competent authority that said insanity or
incompetence had been removed or after the expiration of a period of five years
from his service of sentence, unless within the same period he again becomes
disqualified.”

SECTION 2. Section 68 of the Omnibus Election Code is hereby amended to read as
follows:

“Sec. 68. Disqualifications. - Any candidate who, in an action or protest in which he
is a party is declared by final decision of a competent court guilty of, or found by
the Commission of having

given money or other material consideration to influence, induce or corrupt
the voters or public officials performing electoral functions;

b. committed acts of terrorism to enhance his candidacy:

©. spent in his election campaign an amount in excess of that allowed by this
Code;

d. solicited, received or made any contribution prohibited under Sections 89, 95.
96, 97 and 104; or

€. violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k. v, and cc,
subparagraph 6, shall be disqualified from continuing as a candidate, or if he
has been elected, from holding the office. Any person who is a permanent
resident of or an immigrant to a foreign country shall not be qualified to run
for any elective office under this Code, unless said person has waived his
status as permanent resident or immigrant of a foreign country in accordance
with the residence requirement provided for in the election laws.

Any person convicted of the above enumerated offences shall likewise _be
disqualified from being declared a candidate or, if elected, from holding public
office pending appeal of such conviction.



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SECTION 3. Repealing Clause — All laws, presidential decrees, executive orders,
resolutions, rules and regulations or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

SECTION 4. Effectivity — This Act shall take effect fifteen (15) days after its
publication in a newspaper of general circulation

Approved,