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Petitioners approve of this Petition for the enactment of the Prohibition of Political

Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.

REPUBLIC OF THE PHILIPPINES


COMMISSION ON ELECTIONS
MANILA

IN RE: PROPOSAL TO ENACT A


NATIONAL LEGISLATION ENTITLED
“PROHIBITION OF POLITICAL
DYNASTY ACT” THROUGH PEOPLE’S
INITIATIVE,

E.M. Case No. _________

NORMAN V. CABRERA AND [TOTAL


NUMBER OF PETITIONERS] AS
REPRESENTED BY ANG KAPATIRAN
PARTY,

Petitioners.

x---------------------------------------------------------x

PETITION

PETITIONERS, pursuant to Republic Act No. 6735 as implemented by Resolution

No. 2300, as amended, unto this Honorable Commission on Elections, most respectfully

state and aver that:

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Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.

The Petitioners

1. We, the Petitioners, are [total number of signatories] Filipinos and all registered

voters of this country who affixed our signatures to this Petition which, per

Certification issued by the Election Records and Statistics Department (ERSD),

this Commission, hereto attached as Annex “A”, is equivalent to _____________

percent ( ______ %) of ____________________, the total number of registered

voters therein, wherein each legislative district is represented by at least three

percent ( 3% ) of the total number of registered voters therein.

2. We affixed our signatures to the herein Petition proposing to enact the herein

Prohibition of Political Dynasty Act via Initiative on National Statute under

Republic Act No. 6735 or the Initiative and Referendum Act.

3. We file the above proposition on the following grounds:

a. The Constitution provides that the “State shall guarantee equal access to

opportunities for public service, and prohibit political dynasties as may be

defined by law.”

b. Despite said Constitutional provision, political dynasties - a root problem of

corruption in government – exist in Philippine political arena.

c. Many have called for the Congress to pass an anti-dynasty law, but the needed

bill has been ignored by each Congress since 1987.

4. We fully understand the proposition, discussed its rationale, its advantages and

disadvantages, as well as its consequences and effects as we have read the full

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Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.

texts or contents therein which were likewise clearly explained to us in our own

dialect or in a language known to us before we affixed our signatures hereto.

5. Petitioners have duly authorized Ang Kapatiran Party (Alliance for the

Common Good), a national political party accredited by the Commission on

Elections on 8 May 2004, with postal address at Unit 1-7 Cabildo Apartments,

550 Cabildo Street, Intramuros, Manila 1002; email address:

contact@kapatiranparty.org; mobile phone: (0917) 504 8794 or (0927) 858 7110;

landline: (02) 929 0145, through the latter’s Secretary-General Norman V.

Cabrera and/or its duly authorized representatives, to represent us, for and in our

behalves, to sign any and all pleadings / documents subsequent and as a

consequence hereof and to do or perform any and all acts necessary for this

Petition to prosper and succeed, before the Commission on Elections or any

proper court or tribunal.

6. We file this Petition in our own behalves with the assistance of our duly

authorized representative.

7. Our duly authorized representative will represent us and the processes of the

Honorable commission may be served at its address as above stated.

8. No public funds have been spent for the Petition.

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Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.

Cause of Action

9. Petitioners herein propose, as above-stated, to enact the herein Prohibition of

Political Dynasty Act as provided for under Section 26, Article II of the

Constitution, and via Initiative on National Statute under Republic Act No. 6735

or the Initiative and Referendum Act.

10. It is the policy of the State, enunciated in Article II, Section 26 of the 1987

Constitution, to “guarantee equal access to opportunities for public service and

prohibit political dynasties as may be defined by law.” Further, it is the

mandate to Congress, in Article XIII, Section 1 thereof, to “give highest priority

to the enactment of measures that protect and enhance the right of all the people

to…reduce social, economic, and political inequalities, and remove cultural

inequities by equitably diffusing wealth and political power for the common

good.” Article VI, Section 32 of the Constitution provides that “Congress shall,

as early as possible, provide for a system of initiative and referendum and the

exceptions therefrom, whereby the people can directly propose and enact laws

or approve or reject any act or law or part thereof passed by the Congress or local

legislative body after the registration of a petition therefor signed by at least ten

per centum of the total number of registered voters, of which every legislative

district must be represented by at least three per centum of the registered voters

thereof.” This constitutional provision became the foundation for the enactment

of Republic Act No. 6735 or the Initiative and Referendum Act of 1989, upon

which Commission on Elections Resolution No. 2300 and No. 7796, and Minute

Resolution No. 12-1059 were subsequently promulgated.

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Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.

11. The full text or contents of the proposition is hereunder stated:

AN ACT
IMPLEMENTING THE STATE POLICY OF
PROHIBITING POLITICAL DYNASTIES
AS MAY BE DEFINED BY LAW
UNDER ARTICLE II, SECTION 26 OF THE 1987 CONSTITUTION,
THROUGH THE SOVEREIGN POWER OF THE PEOPLE TO PROPOSE
AND ENACT LAWS UNDER ARTICLE 6, SECTION 32 THEREOF AND
REPUBLIC ACT NO. 6735, PROVIDE PENALTIES FOR VIOLATION,
AND FOR OTHER PURPOSES

Be it enacted by the People of the Philippines:

SECTION 1. Short Title. – This Act shall be known as the “Prohibition of

Political Dynasty Act.”

SECTION 2. Declaration of Policy, Purpose and Objective. – It is the

policy of the State, enunciated in Article II, Section 26 of the 1987

Constitution, to “guarantee equal access to opportunities for public service

and prohibit political dynasties as may be defined by law.” While it is the

mandate to Congress, in Article XIII, Section 1 thereof, to “give highest

priority to the enactment of measures that protect and enhance the right of all

the people to…reduce social, economic, and political inequalities, and remove

cultural inequities by equitably diffusing wealth and political power for the

common good,” Article VI, Section 32 also provides that “Congress shall, as

early as possible, provide for a system of initiative and referendum and the

exceptions therefrom, whereby the people can directly propose and enact laws

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Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.

or approve or reject any act or law or part thereof passed by the Congress or

local legislative body after the registration of a petition therefor signed by at

least ten per centum of the total number of registered voters, of which every

legislative district must be represented by at least three per centum of the

registered voters thereof,” which in turn became the foundation for the

enactment in 1989 of Republic Act 6735 or the Initiative and Referendum

Act. As empowered people, we have the duty and right to do what must be

done for the common good and, towards this end, it is the purpose and

objective of this Act to translate into practical realities these precepts by

prohibiting political dynasties as defined in Section 3 of this Act.

SECTION 3. Definition of Terms. – The following terms, as used in this

Act, shall mean:

“Political Dynasty” – shall refer to the concentration, consolidation or

perpetuation of political powers by persons related to one another.

“Political Dynasty Relationship” – shall exist when a person, who is the

spouse, a relative within the second degree of consanguinity or affinity, or

uncle/aunt or nephew/niece or first cousin of an incumbent elective official,

holds or runs for an elective office simultaneously with the incumbent elective

official at the national level or at the local level within the same

municipality/city, legislative district and/or province, or occupies the same

office immediately after the term of office of the incumbent elective official.

It shall also be deemed to exist where two (2) or more persons who are

spouses, are related within the second degree of consanguinity or affinity,

uncle/aunt or nephew/niece or are first cousins run simultaneously for elective

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Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.

public office at the national level, or at the local level within the same

municipality/city, legislative district and/or province, even if neither is so

related to an incumbent elective official.

“Spouse” – shall refer to the legal and common-law wife or husband of the

incumbent elective official.

“Relative Within the Second Degree of Consanguinity” – shall refer to the

relatives of a person who may be the latter’s child or parent [1st degree],

grandchild, brother or sister, or grandparent [2nd degree] whether of full or

half-blood, whether legitimate, illegitimate or adopted, including their

spouses.

“Relative Within the Second Degree of Affinity” – shall refer to the

relatives of the person’s spouse who may be the latter’s child or parent [1st

degree], grandchild, brother or sister, or grandparent [2nd degree] whether of

full or half-blood, whether legitimate, illegitimate or adopted, including their

spouses.

“Uncle/Aunt” – shall refer to the brother/sister of the parents of a person

or the brother/sister of the parents of a person’s spouse, whether of full or

half-blood, whether legitimate, illegitimate or adopted, including the spouse of

said uncle/aunt.

“Nephew/Niece” – shall refer to the child of the brother/sister of a person

or the child of the brother/sister of a person’s spouse, whether of full or half-

blood, whether legitimate, illegitimate or adopted, including the spouse of said

nephew/niece.

“First Cousin” – shall refer to the child of the uncle or aunt of a person or

the child of the uncle or aunt of the person’s spouse, whether of full or half-

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Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.

blood, whether legitimate, illegitimate or adopted, including the said child’s

spouse.

“Term Limits” – shall mean the maximum term limits for elected public

officials as provided for in the Constitution.

“Running for an Elective Office” – shall be deemed to commence for the

purposes of this Act upon the filing of the certificate of candidacy by a

candidate with the Commission on Elections.

“Holding an Elective Office” – shall be deemed to commence from the

moment the public official takes his oath of office.

“COMELEC” – shall refer to the Commission on Elections.

SECTION 4. Applicability. – This Act shall govern and be applicable to

the next elections and all subsequent elections thereafter. In the case of

incumbent elected officials who have political dynasty relationship with one

another at the national level or in the same municipality/city, legislative

district and/or province, they shall be allowed to run in all subsequent

elections until they reach their term limit as provided for in the Constitution.

SECTION 5. Persons Covered; Prohibited Candidates. – No person with

political dynasty relationship with an incumbent national elective official shall

be allowed to run in the same election for or, in any event, allowed to hold any

national elective office.

No person with political dynasty relationship with an incumbent local

elective official shall be allowed to run in the same election for or, in any

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Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.

event, allowed to hold any local elective office in the same municipality/city,

legislative district and/or province.

In case the constituency of the incumbent elective official is national in

character, the above relatives shall be disqualified from running in the same

election for or, in any event, from holding any local elective office 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, but have political dynasty relationship with one another, they shall be

disqualified from running in the same election for or, in any event, from

holding any national elective office or local elective office within the same

municipality/city, legislative district and/or province, with the exception of the

one running for the higher or superior elective position. Provided, however,

that if the same higher or superior elective position is involved, the bona fide

certificate of candidacy that was filed first will be recognized. Provided,

further, that whenever it cannot be determined with accuracy which

application was filed first or it can be established that the time difference in

filing does not exceed twenty-four (24) hours, the COMELEC shall supervise

the drawing of lots to decide whose certificate of candidacy shall be accepted.

In all cases, no person who has a political dynasty relationship to the

incumbent elective official shall immediately succeed to the position of the

latter: Provided, however, that this section shall not apply to Punong

Barangays or members of the Sangguniang Barangay.

SECTION 6. Filing of Petition for Disqualification of Candidacy. - Any

citizen of voting age, candidate or duly-registered political party, organization,

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Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.

or coalition of political parties may file with the COMELEC a petition to

disqualify a candidate or in any event an elective official on grounds provided

for under Section 5 hereof.

SECTION 7. 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 disqualified party.

SECTION 8. Effect of Violation of Prohibition. - The COMELEC shall

motu proprio or upon a verified petition of any interested party, deny due

course to any certificate of candidacy filed in violation of this Act.

A reasonable deadline shall be set by the COMELEC for voluntary

withdrawal of certificate of candidacy arising from any candidate’s

subsequent knowledge of his or her violation of this Act.

The COMELEC for the purpose of this section and for the guidance of

interested parties shall make available in its website an updated list of

certificates of candidacy showing the status, full name of candidate and

elective position, by national, by province, by legislative district, and by

municipality/city.

SECTION 9. 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 canvass, the votes cast for the

respondent shall be included in the counting and canvassing: Provided

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Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.

however, that if the basis for such disqualification is strong, the proclamation

shall be suspended notwithstanding the fact that the respondent received the

winning number of votes in the election.

In the event a candidate under this Act shall have been proclaimed and has

assumed office, his or her political dynasty relationship shall be ground for

disqualification in appropriate quo warranto proceeding.

SECTION 10. Penalties for Violation. – Any person who shall be found

after the lapse of the COMELEC deadline for voluntary withdrawal of

candidacy or shall in any event occupy any elective office through an election

in violation of Section 5 hereof shall be liable for criminal prosecution under

this Act and who, upon conviction, may be sentenced to an imprisonment of

from three (3) years to six (6) years and perpetual disqualification from

holding any public office.

SECTION 11. Rules and Regulation. - The COMELEC shall promulgate

the rules and regulations for the implementation of the provisions of this Act.

SECTION 12. Repealing Clause. - Any law, presidential decree or

issuance, executive order, letter of instruction, administrative order, rule or

regulation contrary to, or inconsistent with, the provisions of this Act is

hereby repealed, modified or amended accordingly.

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Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.

SECTION 13. Separability Clause. - If any provision or part hereof, is

held invalid or unconstitutional, the remainder of the Act or the provision not

otherwise affected shall remain valid and subsisting.

SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15)

days after its publication in at least two (2) newspapers of general circulation.

Approved,

12. Despite the express Constitutional provisions, political dynasties continue to

proliferate in the Philippine political arena. Many political analysts have pointed

that such oligarchy is a major cause of all the corruption in government. While

the public have clamored for Congress to pass a Political Dynasty Law and many

bills have been introduced in Congress each year since 1987, none of the bills

have been enacted into law. The proposed national legislation embodied in this

Petition seeks to address once and for all the absence of a law implementing the

constitutional prohibition on political dynasties and to reduce political inequalities

by equitably diffusing political power for the common good. As empowered

people, petitioners have the duty and right to do what must be done for the

common good and, towards this end, it is the purpose and objective of this

proposed Prohibition of Political Dynasty Act to translate into practical realities

these precepts by prohibiting political dynasties as defined in Section 3 thereof.

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Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.

13. The herein proposition embraces only one subject, which is the enactment of the

herein Political Dynasty Act.

14. The herein proposition is not one of the exceptions under Republic Act No. 6735.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that this

Honorable Commission on Elections, after due consideration and verification, issue an

Order:

1. Finding the Petition to be sufficient pursuant to the pertinent provisions of

Republic Act No. 6735 and the implementing resolutions of this Commission;

2. Directing the publication of the Petition in Filipino and English at least twice in

newspapers of general and local circulation; and

3. Calling a plebiscite on a date set by the Commission, to be conducted under its

control and supervision, not earlier than forty-five (45) days but not later than ninety (90)

days after its Certification on the sufficiency of the Petition, to allow the Filipino people /

registered voters to express their sovereign will on the herein proposition.

Petitioners pray for such other reliefs deemed just and equitable in the premises.

(Date) _______________________________, Philippines

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