CONGRESS OF THE PHILIPPINES TWENTIETH CONGRESS First Regular Session HOUSE OF REPRESENTATIVES H. No. 8389 BY REPRESENTATIVES DY (F.), MARCOS, FLORES, DEL MAR, BARBERS, SANTOS (M.A.), GUTIERREZ, ROMULO, DOMOGAN, SUAN, SALCEDA, POE, GALEOS, MACAPAGAL-ARROYO, YAP (A.), QUIMBO, ESPARES, LUISTRO, LACSON, PUNO, PIMENTEL, MARQUEZ, RIVERA, CHAN (J.), AQUINO-MAGSAYSAY, LEDESMA, DIMAGUILA, SUANSING (B.V.), GARIN, BANCORO, BARONDA, NOLASCO, ROMUALDO, ALBANO, FUENTEBELLA, ESTRELLA, MATUGAS, YNARES, PANOTES, HERNANDEZ (F.), TULFO (R.W.), GARCIA (J.A.), ORTEGA, BALINDONG, ROQUE, CAOAGDAN, MACASAET, TEVES, SALVADOR, SOLON, VILLA, TANJUATCO, LAGBAS, AGYAO, BAUTISTA (J.M.), PEREZ, UY (R.), MACEDA, ARROGANCIA, ALMARIO (C.M.), LEGAZPI, LAGDAMEO (J.M.), ARBISON (M. JR.), BAÑAS-NOGRALES, TULFO (J.), PUMAREN, ENVERGA, YULO, CORVERA, AIMARIO (D.), MALAPITAN, OAMINAL (H.), TARRIELA, MERCADO, DOMINGO, UY (D.C.), LEGARDA, GORRICETA, CAYTON, VALERIANO, CHUNGALAO, BIRON, MANGUDADATU, DY (F.M.C.), BARBA, MIRAFLORES, MADRONA, NAVA, LAZATIN, ZAMORA (M.C.), TIENG, HORIBATA, ORETA, DEGAMO, ESPINA, DE VENECIA, BOLILIA, TOLENTINO, HERNANDEZ (C.A.), CO-PILAR, BULUT-BEGTANG, CENIZA, CRUZADO, DALOG, FERRER (A.), GARCIA (D.), VELOSO, MATIBAG, SALVACION, YAMSUAN, VARGAS-ALFONSO, ANGARA, GUINTU, VIOLAGO, RODRIGUEZ (M.), BENITEZ (A.), BERNOS (C.), COLLANTES, HERNANDEZ (D.), CAGAS, CALDERON, LARA, RECTO, RODRIGUEZ (R.), SINGSON-MEEHAN, HERNANDEZ (R.), GOMEZ, VELOSO-TUAZON, ADIONG, LAGDAMEO (M.Y.M.), ABANTE, GONZALES (R.), BENITEZ (J.M.), GATCHALIAN AND CASTRO AN ACT PROHIBITING POLITICAL DYNASTIES IN NATIONAL AND LOCAL ELECTIVE OFFICES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. - This Act shall be known as the "Anti-Political
Dynasty Act."
SEC. 2. Declaration of Policy. - It is the declared policy of the State to ensure
equal access to public office and opportunities for public service. To this end, the State shall prohibit political dynasties in all national and local elective offices.
SEC. 3. Definition of Terms. - As used in this Act:
(a) Political dynasty refers to the concentration, consolidation and dominance of elective political power by spouses or persons related to one another.
(b) Political dynasty relationship refers to an existing familial relationship with an elected public official, such as the spouse, direct ascendant or descendant, sibling, or any other person related within the second civil degree of consanguinity or affinity, whether legitimate or illegitimate, full or half-blood. (c) Elective positions refer to the positions of: (i) President, vice-president, and senator at the national level; (ii) Member of the House of Representatives representing a legislative district; (iii) Governor, vice-governor, and members of the Sangguniang Panlalawigan at the provincial level; and (iv) City/municipal mayor, city/municipal vice-mayor, and members of the Sangguniang Panlungsod/Sangguniang Bayan at city/municipal level. (d) Relative refers to any person related to an elected public official within the second degree of consanguinity or affinity, whether legitimate or illegitimate, full or half-blood. (e) Spouse refers to the lawful or common-law partner of an elected public official.
SEC. 4. Applicability. - This Act shall be applicable to the next election and to all
subsequent elections.
SEC. 5. Prohibited Dynasty Relationships. - Political dynasty relationships as
defined under Section 3 of this Act are hereby prohibited. Such prohibition shall apply to any of the following political dynasty relationships: (a) Spouses or relatives within the second civil degree of consanguinity or affinity simultaneously holding any national elective position; (b) Spouses or relatives within the second civil degree of consanguinity or affinity simultaneously holding membership in the House of Representatives within the same legislative district; (c) Spouses or relatives within the second civil degree of consanguinity or affinity simultaneously holding any elective office within the same provincial government; and (d) Spouses or relatives within the second civil degree of consanguinity or affinity simultaneously holding any elective office within the same city or municipal government.
SEC. 6. Sworn Statement and Undertaking. - Any person seeking an elective
office shall, upon filing of a certificate of candidacy, execute and file a sworn statement and undertaking with the Commission on Elections (COMELEC) declaring the following: (a) That the person seeking an elective office has no spouse or relative seeking the same national or local elective office that would result to any prohibited dynastic relationship; (b) That in the event the spouse or relative of a person seeking an elective office nevertheless files a certificate of candidacy that would result in a prohibited political dynasty, those concerned shall comply with the procedure prescribed under this Act to determine who shall be allowed to assume the elective office; and (c) That in the event that the person seeking an elective office should learn thereafter that filing/s of candidacy has/have been made which would create a potential political dynasty relationship as provided in this Act, the person seeking an elective office shall report the same within five (5) days therefrom to the COMELEC wherein the certificate/s of candidacy was/were filed.
SEC. 7. Effect of Political Dynasty Relationship. - In cases where the elections
result in a political dynasty relationship, the COMELEC shall suspend the proclamation of covered relatives and decide based on the following: (a) When two (2) or more relatives are elected to positions with multiple seats within the same political unit, such as Senators and members of the sanggunian, the candidate obtaining the highest number of votes shall assume office; or (b) When two (2) or more relatives are elected to distinct positions within the same political unit, the candidate elected to the higher office shall assume the same. The rules on succession shall apply, if applicable; otherwise, the candidate who obtained the next highest number of votes shall be proclaimed and assume office. Nothing herein shall preclude any elected official from voluntarily withdrawing their candidacy, as the case may be.
SEC. 8. Punishable Acts. - The following acts shall be punished as an election
offense in accordance with the provisions of the Omnibus Election Code: (a) Willful concealment or falsehoods made in the sworn statement required under
Section 6 of this Act;
(b) Submission of spurious, forged, or falsified documents required under this Act; (c) Malicious or frivolous filings to trigger the anti-political dynasty prohibitions contained in this Act; (d) Using, threatening to use, or causing the use of force, violence, coercion, intimidation, or extortion to compel the filing or non-filing of certificates of candidacies or 8 any agreement made in accordance with Section 7 of this Act, whether or not the offender 9 shall have attained their purpose; (e) Resigning an elective office for the purpose of enabling a spouse or relative to assume or seek such position in contravention of this Act; and (f) Any other willful act to allow the existence or perpetuation of political dynasty relationships as provided under Section 5 of this Act.
SEC. 9. Implementing Rules and Regulations. - Within ninety (90) days after
the effectivity of this Act, the COMELEC shall promulgate the necessary rules and regulations for the effective implementation of this Act.
SEC. 10. Separability Clause. - If any provision or part of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not affected shall remain in force and effect.
SEC. 11. Repealing Clause. - All laws, decrees, executive orders, proclamations,
rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days after its
26 publication in the Official Gazette or in a newspaper of general circulation. Approved,