I

of theJsWrrefarij
FIFTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session )
JAN 24 P4 -08

EXPLANATORY NOTE

The Constitution, Article 2, Section 26 provides:,

The State shall guarantee equal access to public service and prohibit
political dynasty as may be defined by law.

To give force and effect to this provision, the playing field of the political arena should

be levelled and opened to persons who are equally qualified to aspire on even terms with those

from ruling politically dominant families.

*
Philippine society, many sociologists note, resolves around the system of extended

families. However, this extended family system, an otherwise beneficial concept when applied to

the social aspects of human behavior, finds its pernicious effects in the political arena where

public office becomes the exclusive domain of influential families and clans that are well-

entrenched in Philippine politics, The monopoly of political power and public resources by such

families affects the citizenry at the local and national levels.

The socio-economic and political inequities prevalent in Philippine society limit public

office to members of ruling families. In many instances, voters, for convenience and out of

cultural mindset look up to these ruling families as dispensers of favors, and thus elect relatives
f

of these politically dominant families.**1

1 This bill was originally filed in the First Regular Session o f the .Thirteenth Congress.

1
 l^glr
ift af (tjR^mefaru
FIFTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session ) 11 JAN 24 P4 :Q8

SENATE A
s. No. 2649 RECEIVED BY

Introduced by Senator Miriam Defensor Santiago*i

1 AN ACT ,
2 TO PROHIBIT THE ESTABLISHMENT OF POLITICAL DYNASTIES

Be it enacted by the Senate and the House o f Representatives o f the Philippines in

Congress assembled: '
i

3 SECTION 1. Short Title. - This Act shall be known as “The Anti-Political Dynasty Act.”

4 SECTION 2. Declaration o f Policy. - It is hereby declared the policy of the State to

5 guarantee equal access and opportunity to public office and public service. Towards this end, it is

6 likewise declared the policy of the State to prohibit political dynasties as defined in Section 3 of

7 this Act.

8 SECTION 3. Definition ofTerms. -The following terms, as used in this Act, shall mean:

9 (a) “Political Dynasty” - shall exist when a person who is the spouse of an incumbent

10 elective official or relative within the second civil degree of consanguinity or affinity of an

11 incumbent elective official holds or runs for an elective office simultaneously with the
ii

12 incumbent elective official within the same province or occupies the same office immediately

13 after the term of office of the incumbent elective official. It shall also be deemed to exist where

14 two (2) or more persons who are spouses or are related within the second civil degree of

15 consanguinity or affinity run simultaneously for elective public office within the same province,

16 even if neither is so related to an incumbent elective official.

17 (b) “Spouse” - shall refer to the legal and common-law wife or husband of the

18 incumbent elective official. *

19 (c) “Second Civil Degree of Consanguinity or Affinity” - shall refer to the relatives

20 of a person who may be the latter’s brother or sister, whether of full or half-blood, direct

1
 1 ascendant or direct descendant, whether legitimate, illegitimate or adopted, including their
tt

2 spouses.

3 (d) “Running for an Elective Office” - shall be deemed to commence upon the filing

4 of the certificate of candidacy by a candidate with the Commissions on Elections.

5 (e) “Holding an Elective Office” - shall be deemed to commence from the moment

6 the public official takes his oath of office,

r
7 (f) “COMELEC” ..shall refer to the Commission on Elections.

8 SECTION 4. Persons Covered; Prohibited Candidates. - No spouse, or person related

9 within the second degree of consanguinity or affinity whether legitimate or illegitimate, to an

10 incumbent elective official seeking reelection shall be allowed to hold or run for any elective

11 office in the same province in the same election. In case the constituency of the incumbent

12 elective official is national in character, the above relatives shall be disqualified from running

13 only within the same province where the former is a registered voter.

14 In case where none of the candidates is related to an incumbent elective official within

15 the second degree of consanguinity or affinity, but are related to one another within the said

16 prohibited degree, they, including their spouses, shall be disqualified from holding or running for

17 any local elective office within the same province in the same election.

18 In all cases, no person within the prohibited civi] degree of relationship to the incumbent

19 shall immediately succeed to the position of the latter: Provided, however, that this section shall

20 not apply to Punong Barangays or members of the Sangguniang Barangay.

21 SECTION 5. Effect o f Violation o f Prohibition. - The COMELEC shall motu proprio or

22 upon a verified petition of any interested party deny due course to any certificate of candidacy

23 filed in violation of this Act.

24 SECTION 6. Period for Filing Petition for Disqualification. - Any citizen of voting age,

25 candidate or duly-registered political party, organization, or coalition of political parties may file

26 with the COMELEC, after the last day for filing of certificates of candidacy and before

27 proclamation, a petition to disqualify a candidate on grounds provided for under Section 4 of this

28 Act.

2
 1 SECTION 7. Summary Proceedings. - The petition shall be heard and decided summarily

2 by the COMELEC, after due notice and hearing, and its decision shall be executed after the lapse

3 of five (5) days from receipt thereof by the losing party.

i

4 SECTION 8. Effect o f Petition if Unresolved Before Completion o f Canvass. - If the

5 petition, for reasons beyond the control of the COMELEC, cannot be decided before the

6 completion of the canvass, the votes cast for the respondent shall be included in the counting and

7 canvassing: Provided however, that if the basis for such disqualification is strong, his or her

8 proclamation shall be suspended notwithstanding the fact that he or she received the winning

9 number of votes in the election: Provided further, that ih cases where the disqualified candidate

10 has been proclaimed, he or she shall ipso facto forfeit his right to the office.
A

11 SECTION 9. Rules and Regulations. - The COMELEC shall promulgate the rules and

12 regulations for the implementation of the provisions of this Act.

a
13 SECTION 10. Repealing Clause. ~ Any law, presidential decree or issuance, executive

14 order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent

15 with, the provisions of this Act is hereby repealed, modified, or amended accordingly.

16 SECTION 11. Separability Clause. - If any provision or part hereof, is held invalid or

17 unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain

18 valid and subsisting.

19 SECTION 12. Ejfectivity Clause. —This Act shall take effect fifteen (15) days after its

20 publication in at least two (2) newspapers of general circulation.

Approved,

q
3
 f HOUSE OF REPRESENTATIVES
i R E C E IV E D
DATEfl f) .Mi-! PfifS
TIME: - f t

Republic of the Philippines

BY:
HOUSE OF REPRESENTATIVE*
Quezon City
REGISTRATION U N IT
B IL L S AND INDEX SE R V IC E
SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

Introduced by REP. FELICIANO R. BELMONTE, JR.

EXPLANATORY NOTE

Section 26 of Article II of the 1987 Constitution expressly provides " I he State

shall guarantee equal access to opportunities for public service, and prohibit political
dynasties as may be defined by law." Almost thirty (30) years have passed w ithout
an enabling law to define political dynasties. Meanwhile, the present political
landscape is witness to influential politicians and their families, maintaining
positions of power for a considerable time. This concentration of political pow er and
public resources w ithin the control of a few families has led to the creation of
dynastic reigns by different political families in all levels, from the barangay to the
provinces.

Social justice requires us to provide equal opportunity to all, including the

opportunity to serve. Political dynasties make it prohibitive for our citizens to run
for public office. It is thus incum bent upon the I louse of Representatives and the
Senate to provide an enabling law defining political dynasties to give people w ho do
not belong to political dynasties a chance to serve the people.

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

FELICIANO R. BELMONTE, JR.

 Republic of the Philippines
HOUSE OF REPRESENTATIVES
Q uezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _ 1C6

Introduced by REP. FELICIANO R. BELMONTE, JR.

AN ACT
PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNAS TIES

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 o f 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 this end, it is likewise declared the policy of the State to prohibit political
dynasties as hereinafter defined.

SEC. 3. Definition o f Terms. - The following terms, as used herein, shall

mean:

(a) Political Dynasty refers to the concentration, consolidation or perpetuation

of public office and political power by persons related to one another.

A political dynasty exists w hen three or more individuals who are related
within the second degree of consanguinity or affinity hold or run for national or
local office in sim ultaneous or overlapping terms.

(b) Spouse refers to the legal or common law wife or husband of the
incum bent elective official.

l
 (c) Second Civil Degree of Consanguinity or Affinity shall include the relatives
of a person w ho may be the latter's brother, sister, grandchildren and grandparents
whether legitimate or illegitimate, full or half blood, including their spouses.

(d) Running for an Elective Office shall be deem ed to commence upon the
filing of the certificate of candidacy by a candidate with the Commission on
Elections.

(e) Holding an Elective Office shall be deem ed to commence from the m oment
the public official takes the oath of office.

(f) Commission shall refer to the Commission on Elections.

SEC. 4. Applicability. - This Act shall govern and be applicable to all

elections subsequent to the election immediately following the effectivily of this Act.

Until they have reached the maximum term limits allowed by the
constitution, incumbent elective officials shall be exempt from the application of this
Act.

SEC. 5. Persons Covered; Prohibited Candidates. - No two persons w ithin the

second civil degree of consanguinity or affinity, whether legitimate or illegitimate,
full or half blood, to an incum bent elective official seeking re-election shall be
allowed to hold or ru n for any local or national elective office in the same election.

No three persons within the second civil degree of consanguinity or affinity,

w hether legitimate or illegitimate, full or half blood, related to each other shall be
allowed to hold or run for any local or national elective office in the same election.
Provided, that the m atter of w ho will hold or run for office shall be settled by the
Commission through a raffle or draw ing of lots am ong the concerned candidates,
unless the rest of the concerned candidates voluntarily w ithdraw their candidacies,
in which case, the two rem aining candidates will be allowed to run for office.

SEC. 6. Statem ent w ith the Commission on Elections. - Any person running
for any elective public office shall file a sw orn statem ent with the Commission,
stating therein that person's relationship, if any, w ith an incum bent official running
for any elective public office.

SEC. 7. Effect o f Violation o f Prohibition. - The Commission shall, motu

propio or upon verified petition of any citizen of voting age, 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 deem ed not counted nor
shall such candidate be proclaimed nor be qualified to assum e office.

2
 SEC. 8. Period fo r Filing Petition fo r Disqualification. - Any citizen of voting
age, candidate or duly registered political party, organization, or coalition of political
parties may file with the Commission, after the last day for filing of 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 assum ed office, the political dynasty relationship shall be a
ground for disqualification in appropriate quo warranto or other proceedings.

SEC. 9. Sum m ary Proceedings. - The petition shall be heard and decided
sum m arily by the Commission, 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 o f P etition if Unresolved Before Completion o f Canvass. - If

the petition, for reasons beyond the control of the Commission, 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 if the basis for such
disqualification is strong, the proclamation shall be suspended notw ithstanding the
fact that the person received the w inning num ber of votes in the election: Provided
further, that in cases where disqualified candidate has been proclaimed one shall ipso
facto forfeit the right to the office.

SEC. 11. Implem enting Rules and Regulations. - Within sixty (60) days after
the effectivity of this Act, the Commission shall prom ulgate the necessary rules and
regulations for the effective implementation of this Act.

SEC. 12. Repealing Clause. - All laws decrees, executive orders, issuances,
regulations which are inconsistent w ith the provisions of this Act are deem ed
repealed, am ended or modified.

SEC. 13.Separability Clause. - If for any reason or reasons, any part or

provision of this Act shall be declared unconstitutional or invalid, other parts or
provisions hereof which are not affected thereby, shall continue to be in full force
and effect.

SEC. 14. Effectivity. - This Act shall take effect fifteen (15) days from the date
of its publication in at least two (2) new spapers of general circulation.

Approved,

3
 Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session
8^5
HOUSE BILL NO.

Introduced by Honorable Rodante D. Marcoleta

EXPLANATORY NOTE

Article II, Section 26 of the 1987 Constitution provides:

“The Stale shall guarantee equal access to public service

and prohibit political dynasty as may be defined by law. ”

Political dynasties are a reality in Philippines political life, raising

concerns that skewed distribution of power mirrors the imperfections in our
political system. Our political fabric is embroidered with clans or families
who had dominated or continue to reign, succeeding one after the other, in
both local and national political scene.

Statistics show that political dynasties who have ruled for more than
30 years include six families. Political dynasties who have ruled for more
than 20 years include at least 61 families. Political dynasties who have ruled
12 to 18 years include 53 political families. In the Senate, 80 percent or 18
out of 23 of the present members come from political clans while 74 percent
or 170 representatives belong to political families in the House of
Representatives.

The results of the recently held elections clearly reflect the wanton
disregard of the constitutionality enshrined prohibition. It was perceived as
the most blatant display of dynasty building ever. Most of our politicians
consider their political posts as their legacy which they can pass on to their
next generation. Political office becomes a family heirloom which
politicians hand to the next generation without considering talent,
competence and integrity. The political dynasties deny other members of the
community who may also prove competent and worthy of respect the
opportunity to serve the country. It is therefore necessary that a bill be
passed to carry out the Constitutional mandate against political dynasty and
in order to guarantee equal access to public service.

In view of the foregoing, approval of this bill is highly and earnestly

recommended.

RODANIE D. MARCOL
 Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session
opc:
HOUSE BILL NO.

Introduced by Honorable Rodante D. Marcoleta

AN ACT
DEFINING POLITICAL DYNASTY AND PROHIBITING THE
ESTABLISHMENT THEREOF

Be it enacted by the Senate and House o f Representatives o f the Philippines

in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “The Anti-

Political Dynasty Act. ”

SEC. 2. Declaration o f Policy. - It is hereby the policy of the State to

guarantee equal access and opportunity to public office and service. Towards

this end, it is likewise declared the policy of the State to prohibit political

dynasties in the country.

SEC. 3. Definition - As used in this Act, the following terms shall

mean:
 A. Political Dynasty is the concentration, consolidation or

continuation of public office and political power by persons related to each

other.

A political dynasty relationship exists when a person is the spouse of

an incumbent elective official or 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 province or occupies the same office immediately after the term of

office of the incumbent elective official. It shall also deemed to exist where

two (2) or more persons who arc spouses (or partners), or are related within

the second civil degree of consanguinity or affinity run simultaneously for

elective public office within the same municipality, city or province, even if

neither is so related to an incumbent elective official.

13. Spouse refers to the legal wife or husband; partner refers to

common-law wife, live-in partner of the incumbent elective official.

C. Second civil degree of consanguinity or affinity refers to the

relatives of a person who may be the latter’s brother or sister, whether of full

or half-blood, direct ascendant or descendant, whether legitimate,

illegitimate or adopted, including their spouses.

 D. Running for an elective office shall be deemed to commence

upon the filing of the certificate of candidacy by a candidate with the

Commissions on Elections (COMELEC).

E. Holding an elective office shall be deemed to commence from

the moment of public official takes his oath of office.

SEC. 4. Prohibition on Political Dynasty. - No person holding any

public office shall immediately be succeeded by any person related to such

public officials as defined in Section 3 of this Act. No spouse or person

related within the second degree of consanguinity or affinity of an

incumbent elective official seeking reelection shall be allowed to hold or run

for any elective office in the same province in the same election.

SEC. 5. Effect o f Violation. - The Commission on Elections shall,

motu propio or upon verified petition by any interested person, deny due

course to any certificate of candidacy Hied in violation of this Act. The votes

cast for the disqualified candidate, if any, shall not be counted nor shall such

candidate be proclaimed or be allowed to assume office.

SEC. 6. Period for the Filing of Petition for Disqualification - A

petition to disqualify a candidate on grounds provided for under this Act

may be filed by any citizen qualified to vote, a candidate or duly-registered

political party, organization or coalition of political parties with the

COMELEC, at any time after the last day of filing of the certificates of

candidacy until the date of the proclamation.

SEC. 7. Summary proceeding. - The petition shall be heard and

decided summarily by the COMELEC, after due notice and hearing, and its

decision shall be executor after the lapse of five (5) days from receipt thereof

by the respondent.

SEC. 8. Effect o f Unresolved Petition. - 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 of the canvass, the votes cast for the respondent shall be

included in the counting and canvassing. If the basis for such

disqualification is strong, the proclamation shall be suspended

notwithstanding the fact that the candidate received the highest number of

votes in the election. In case where the disqualified candidate has been

proclaimed, the candidate shall ipso facto forfeit the right to assume the

office.

SEC. 9. Applicability. - This Act shall be applicable to the next

election and to all subsequent elections to be held thereafter.

SEC. 10. Implementing Rules and Regulations. - Within sixty (60)

days after the effectivity of this Act, the COMELEC shall promulgate the

necessary rules and regulations for the effective implementation of this Act.
 SEC. 11. Repealing Clause. - All laws, decrees, executive orders,

issuances, regulations or parts hereof, which are inconsistent with the

provisions of this Act, are hereby deemed repealed, amended or modified.

SEC. 12. Separability Clause. - I f any provision or part of this Act is

declared invalid or unconstitutional, such parts or provisions not affected

thereby shall remain in full force and effect.

SEC. 13. Effectivity. This Act shall take effect fifteen days from the

date of its publication in two (2) newspapers of general circulation.

Approved,
 /it -'C,, \
ql pf ■'
0 2 JUL 2013 1
:j i ; __ I

Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session
oo n
HOUSE BILL NO.

Introduced by Honorable Erlinda M. Santiago

EXPLANATORY NOTE

Article II, Section 26 of the 1987 Constitution provides:

"The State shall guarantee equal access to public service

and prohibit political dynasty as may be defined by law. ”

Political dynasties are a reality in Philippine political life, raising

concerns that skewed distribution of power mirrors the imperfections in our

political system. Our political fabric is embroidered with clans or families

who had dominated or continue to reign, succeeding one after the other, in

both local and national political scene.

Statistics show that political dynasties who have ruled for more than

30 years include six families. Political dynasties who have ruled for more

than 20 years include at least 61 families. Political dynasties who have ruled

12 to 18 years include 53 political families. In the Senate, 80 percent or 18

out of 23 of the present members come from political clans while 74 percent
or 170 representatives belong to political fam ilies in the House o f

R epresentatives.

The results o f the recently held elections clearly reflect the wanton

disregard o f the constitutionally enshrined prohibition. It w as perceived as

the m ost blatant display o f dynasty building ever. M ost o f our politicians

consider their political posts as their legacy w hich they can pass on to their

next generation. Political office becom es a fam ily heirloom w hich

politicians hand to the next generation w ithout considering talent,

com petence and integrity. The political dynasties deny other m em bers o f the

com m unity who m ay also prove com petent and w orthy o f respect the

opportunity to serve the country. It is therefore necessary that a bill be

passed to carry out the Constitutional m andate against political dynasty and

in order to guarantee equal access to public service.

In view o f the foregoing, approval o f this bill is highly and earnestly

recom m ended.

ERLKNDA M. SANTIAGO
 Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

HOUSE BILL NO. 837

Introduced by Honorable Erlinda M. Santiago

AN ACT
DEFINING POLITICAL DYNASTY AND PROHIBITING THE
ESTABLISHMENT THEREOF

Be it enacted by the Senate and House o f Representatives o f the Philippines

in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “The

Anti-Political Dynasty Act.”

SEC. 2. Declaration o f Policy. - It is hereby the policy of the State to

guarantee equal access and opportunity to public office and service. Towards

this end, it is likewise declared the policy of the State to prohibit political

dynasties in the country.

SEC. 3. Definition. - As used in this Act, the following terms shall

mean:

A. Political Dynasty is the concentration, consolidation or

continuation of public office and political power by persons related to each

other.

A political dynasty relationship exists when a person is the spouse of

an incumbent elective official or 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 province or occupies the same office immediately after the term of

office of the incumbent elective official. It shall also 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 municipality, city or province, even if neither

is so related to an incumbent elective official.

B. Spouse refers to the legal, or common-law wife, live-in partner

or husband of the incumbent elective official.

C. Second civil degree of consanguinity or affinity refers to the

relatives of a person who may be the latter’s brother or sister, whether of full

or half-blood, direct ascendant or descendant, whether legitimate,

illegitimate or adopted, including their spouses.

D. Running for an elective office shall be deemed to commence

upon the filing of the certificate of candidacy by a candidate with the

Commission on Elections (COMELEC).

E. Holding an elective office shall be deemed to commence from

the moment of public official takes his oath of office.

SEC. 4. Prohibition on Political Dynasty. - No person holding any

public office shall immediately be succeeded by any person related to such

public officials as defined in Section 3 of this Act. No spouse or person

related within the second degree of consanguinity or affinity of an

incumbent elective official seeking reelection shall be allowed to hold or run

for any elective office in the same province in the same election.
 SEC. 5. Effect o f Violation. - The Commission on Elections shall,

motu propio or upon verified petition by any interested person, deny due

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

cast for the disqualified candidate, if any, shall not be counted nor shall such

candidate be proclaimed or be allowed to assume office.

SEC. 6. Period for the Filing of Petition for Disqualification. - A

petition to disqualify a candidate on grounds provided for under this Act

may be filed by any citizen qualified to vote, a candidate or duly registered

political party, organization or coalition of political parties with the

COMELEC, at any time after the last day of filing of the certificates of

candidacy until the date of the proclamation.

SEC. 7. Summary proceeding. - The petition shall be heard and

decided summarily by the COMELEC, after due notice and hearing, and its

decision shall be executor after the lapse of five (5) days from receipt thereof

by the respondent.

SEC. 8. Effect o f Unresolved Petition. - 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 of the canvass, the votes cast for the respondent shall be

included in the counting and canvassing. If the basis for such

disqualification is strong, the proclamation shall be suspended

notwithstanding the fact that the candidate received the highest number of

votes in the election. In case where the disqualified candidate has been

proclaimed, the candidate shall ipso facto forfeit the right to assume the

office.
 SEC. 9. Applicability. —This Act shall be applicable to the next

election and to all subsequent elections to be held thereafter.

SEC. 10. Implementing Rules and Regulations. —Within sixty (60)

days after the effectivity of this Act, the COMELEC shall promulgate the

necessary rules and regulations for the effective implementation of this Act.

SEC. 11. Repealing Clause. - All laws, decrees, executive orders,

issuances, regulations or parts hereof, which are inconsistent with the

provisions of this Act, are hereby deemed repealed, amended or modified.

SEC. 12. Separability Clause. - If any provision or part of this Act is

declared invalid or unconstitutional, such parts or provisions not affected

thereby shall remain in full force and effect.

SEC. 13. Effectivity. - This Act shall take effect fifteen days from the

date of its publication in two (2) newspapers of general circulation.

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

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 3 R61

Introduced by REP. KAKA BAG-AO, REP. TOMASITO VILLARIN and REP. NANCY CATAMCO

EXPLANATORY NOTE

Article II, Section 26 of the Constitution states that "The State sh all guarantee equal access to

p u b lic service an d prohibit political dynasty as defined by law ."

In a study conducted by the Asian Institute of Management Policy Center in 2009, the

estimated prevalence of dynasties in the country across key local government positions and

found it to be most widespread among certain positions especially governors (85%), vice-

governors (75%), district representatives (74%) outside of the National Capital Region, and

mayors (66%) and vice-mayors (50%) outside of NCR. In the same study, political dynasties

are pervasive in the ten (10) poorest provinces that are afflicted by low levels of human

development, bad governance, violence and poor business climates. Dynasties also weaken the

checks and balances in government as well as the competition in the political system resulting

in less access for alternative leaders and youth leaders to be part of the political system.

This proposed measure provides a definition of political dynasty and political dynasty

relationship, and the legislative prohibition thereof, thereby giving force and effect to the

above-cited Constitutional provision. In view of the foregoing, the immediate passage of this

bill is earnestly sought. 2 j

1
 Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 36^

Introduced by REP. KAKA BAG-AO, REP. TOMASITO VILLARIN and REP. NANCY CATAMCO

AN ACT

DEFINING POLITICAL DYNASTY AND PROHIBITING THE ESTABLISHMENT THEREOF

Be it enacted by the Senate and the House o f Representatives o f the Philippines in Congress

assembled:

SECTION 1. S h ort Title. - This Act shall be known as "The Anti-Political Dynasty Act of

2016."

SECTION 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 this

end, it is likewise declared the policy of the State to prohibit political dynasties as defined in

Section 3 of this Act.

SECTION 3. Definition of Terms. - The following terms, as used herein, shall mean:

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 official or a relative within the second civil degree of consanguinity or affinity of an

2
incumbent elective official holds or runs for an elective office simultaneously with the

incumbent elective official within the same 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 or are related within the second civil degree of

consanguinity or affinity run simultaneously for elective public office within the same province,

even if neither is so related to an incumbent elective official. In case the constituency of the

incumbent elective official is national in character, the above relatives shall be disqualified from

running in any other national elective office.

c. "Spouse" shall refer to the legal or common law wife or husband of the incumbent elective

official.

d. "Second Civil Degree of Consanguinity or Affinity" shall refer to the relatives of a person

who may be the latter's brother or sister, whether of full or half-blood, direct ascendant or

direct descendant, whether legitimate, illegitimate or adopted, including their spouses.

e. "Running for an Elective Office" shall be deemed to commence upon the filing of the

certificate of candidacy by a candidate with the Commission on Elections (COMELEC).

f. "Holding an Elective Office" shall be deemed to commence from the moment the public

official takes his or her oath o f office.

SECTION 5. Persons Covered; Prohibited Candidates. - No spouse, or person related

within the second degree of consanguinity or affinity, whether legitimate or illegitimate, to an

incumbent elective official seeking reelection 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 within the same province where the former is

a registered voter, as well as to any other national elective positions.

 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. This shall also apply

when the said candidates are holding or running for national elective positions in the same

election. This is without prejudice to the proper determination by the Commission on Elections

(COMELEC) on nuisance candidates.

In all cases, no person within the prohibited civil degree of relationship to the incumbent

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. Statement with the Commission on Elections. - Any person running for any

elective public office except for that of Barangay official, shall file a sworn statement with the

COMELEC that he or she does not have a political dynasty relationship with an incumbent

elective official running for an elective public office either in the same province other than that

of the position earlier mentioned or in any other national elective office.

SECTION 7. Effect of Violation of 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.

SECTION 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 of certificates of candidacy and before

proclamation, a petition to disqualify a candidate on grounds provided for under Section 5 of

this Act.

SECTION 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.

SECTION 10. Effect of Petition if Unresolved Before Completion of Canvass. - If the

petition, for reasons beyond the control of the COM ELEC, 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 if the basis for such disqualification is strong, his or her

proclamation shall be suspended notwithstanding the fact that he or she received the winning

number of votes in the election: Provided further, that in cases where disqualified candidate has

been proclaimed he or she shall ipso facto forfeit his or her right to the office.

SECTION 11. Applicability. - This Act shall be applicable to the next election and to all

subsequent elections to be held thereafter.

SECTION 11. Rules and Regulations. - The COMELEC shall promulgate the rules and

regulation 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.

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 in the Philippines.

Approved,