Kontra Dinastiya Act

Senate Office of the Soccetarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) NOV 20 P321 SENATE RECEIVED BY: S.B. No. 1548 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT DEFINING POLITICAL DYNASTY AND PROHIBITING THE ESTABLISHMENT THEREOF EXPLANATORY NOTE Article II, Section 26 of the 1987 Constitution declares that "[t]he State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law." Nearly four decades have passed since the ratification of our fundamental law- and Congress has yet to heed this mandate. The absence of an enabling law has enabled the continued dominance of political dynasties across the country-an outcome foreseen and explicitly warned against by the framers of the Constitution. A growing body of empirical literature demonstrates that political dynasties in the Philippines are not isolated phenomena but a systemic feature of our political landscape. Studies show that the Philippines has one of the highest incidences of dynasties in the democratic world. A study found that average dynastic share among officials in local government was at 81% for governors and vice-governors, 69% for mayors, and 57% for vice-mayors (Mendoza, 2018). Recent reporting by the Philippine Center for Investigative Journalism (PCIJ) also revealed the alarming concentration of power among a few families in the House of Representatives, with over 80% of the 253 district representative seats held by members of political dynasties. Political dynasties weaken democratic institutions and produce poorer governance outcomes, particularly when "fat dynasties" allow multiple family members to simultaneously hold elective offices within the same jurisdiction. The Philippine Institute for Development Studies (PIDS) has stated that political dynasties compromise checks-and-balances and create conflicts of interest in public finance, especially when governors, district representatives, and several mayors are related to one another. PIDS has also found that dynasties are most prevalent in the country's poorest provinces, where poverty incidence ranges from 43-67% and where dynastic control corresponds with chronic underdevelopment and weak institutions, indicating that dynastic dominance both emerges from and perpetuates poverty and exclusion. Moreover, studies show that dynastic dominance fosters environments where corruption is more likely to flourish, as entrenched families can divert public

resources, weaken oversight, and engage in self-serving policies without fear of accountability. Indeed, political dynasties limit voter choice, entrench patron-client ties, and weaken institutional checks and balances. The time has come for Congress to fulfill its constitutional mandate to define and prohibit political dynasties. The passage of an Anti-Political Dynasty Law is necessary to restore fairness in our electoral system, strengthen public institutions, and ensure that leadership in government is determined not by birth or inherited political machinery, but by merit, integrity, and a genuine and meaningful mandate from the people. In fulfillment of this duty long left unrealized, and in pursuit of a more inclusive, accountable, and representative democracy, the immediate enactment of this measure is earnestly sought. oarapreal Senator

Sellate Office of the Sorcretaty TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session NOV 20 P3:21 SENATE RECEIVED BY: S.B. No. 1548 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT DEFINING POLITICAL DYNASTY AND PROHIBITING THE ESTABLISHMENT THEREOF Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as "Kontra Dinastiya

Act".

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the

State to guarantee equal access and opportunity to public office and public service. Article II, Section 26 of the 1987 Constitution expressly provides: "The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law." Towards this end, the State shall prohibit political dynasties as defined hereunder.

SECTION 3. Definition of Terms. - For this Act, the following terms shall

mean as follows: (a) "Political Dynasty" refers to the concentration, consolidation, or perpetuation of public office and political power by spouses or relatives among national or local elective offices, as well as all other elective offices that may be created by law from time to time. (b) A "Political Dynasty Relationship" exists when: (i) A spouse or relative of an incumbent national elective official holds or runs for a national elective public office; (ii) A spouse or relative of an incumbent local elective official holds or runs for a local elective public office within the same legislative district, province, or city; iii) A spouse or relative of an incumbent national or local elective official holds or runs for public office under the party-list system;

(iv) Spouses or relatives simultaneously run for national elective public office; (v) Spouses or relatives simultaneously run for local elective public office within the same legislative district, province, or city; (vi) Persons running for public office under the party-list system simultaneously run with spouses or relatives, whether for national or local elective public office; or (vii) A spouse or relative of an incumbent local elective official immediately succeeds the latter's office by election. (c) "National Elective Office" refers to the Presidency, the Vice-Presidency, and the Senate of the Philippines. (d) "Local Elective Office" refers to seats in the House of Representatives elected by legislative districts, and all elected officials of local government units as provided in the Local Government Code. (e) "Party-List System" refers to the system of electing representatives to the House of Representatives from registered national, regional and sectoral parties or organizations or coalitions as provided under Article VI of the 1987 Constitution and Republic Act No. 7491 or the Party-List System Act. (f) A "Relative" refers to a person within the fourth degree of consanguinity or affinity. A relationship by "Consanguinity' exists between persons related by blood, originating from a common ancestor. For purposes of this law, a relationship by consanguinity shall include persons related by virtue of adoption as defined in Republic Act No. 11642 also known as the "Domestic Administrative Adoption and Alternative Child Care Act". (h) A relationship by "Affinity' is a relationship that a person has to the blood relatives of a spouse by virtue of marriage as defined in Article 1 of the Family Code or by virtue of a union without marriage under Articles 147 and 148 of the Family Code, regardless of gender or sexual orientation. For this Act, a relationship by affinity shall subsist despite the annulment of the marriage or divorce between the spouses. (i) "Spouse" refers to the legal, common-law wife or husband or partner, divorced spouse, or a spouse in an annulled marriage, or a partner in a de facto relationship of an incumbent elective official. (0) "Divorced Spouse" refers to a spouse who has validly celebrated marriage with a foreigner, who has thereafter validly obtained a divorce abroad, regardless if obtained by such spouse or the alien spouse. (k) "De facto Relationship" refers to a relationship between two people who cohabit or declare or present themselves to the public as a couple without marriage or civil union or any other contractual arrangements similar to marriages or civil union, regardless of the sexual orientation, gender identity or expression, or sex characteristics of the persons in the relationship. Cohabiting shall include living together despite having separate residences or houses or having real properties co- owned or registered in both their names or registered under a corporation where they are both shareholders or officers.

(1) "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). (m) "Holding an Elective Office" shall be deemed to commence from the moment the public official is proclaimed the winning candidate, takes the oath of office, and assumes its powers and functions. It shall also include those who succeeded or were appointed to an elective office, whether in a temporary or a permanent capacity.

SECTION 4. Persons Covered; Prohibited Candidates. -

a) National Elective Office. No person related within the fourth degree of consanguinity or affinity to an incumbent national elective official shall be allowed to hold or run for national elective office. b) Local Elective Office. No person related within the fourth degree of consanguinity or affinity to an incumbent local elective official shall be allowed to hold or run for local elective office within the same legislative district, province, or city. In all cases, no person related within the fourth degree of consanguinity or affinity to an incumbent local elective official shall immediately succeed the latter's office by election. C) Party-List System. No person related within the fourth degree of consanguinity or affinity to an incumbent national or local elective official shall be allowed to hold or run under the party-list system. In the case of relatives where the election of two or more will result in a political dynasty relationship, the same shall likewise be prohibited under this Act. In such cases, the first certificate of candidacy filed shall be respected, unless the COMELEC finds that such certificate of candidacy was filed by a nuisance candidate as defined under the Omnibus Election Code.

SECTION 5. Statement with the COMELEC. - The certificate of candidacy

to be filed with the COMELEC by any person running for any elective public office shall include a sworn statement that he or she does not have a political dynasty relationship with any incumbent elective official, whether continuing his term of office or running for an elective public office.

SECTION 6. Effect of Violation of Prohibition. - The COMELEC shall, motu

proprio or upon a verified petition filed by any interested party, deny due course to any certificate of candidacy filed in violation of Sections 4 and 5 of this Act. The votes cast for the disqualified candidate, if any, shall not be counted and shall be deemed not counted, and neither shall such candidate be proclaimed nor allowed to assume office. The COMELEC shall be authorized to seek the assistance of the Philippine Statistics Authority in fulfilling its obligations under this Act. For this purpose, the provisions of Republic Act No. 10173 or the Data Privacy Act of 2012 shall not apply.

SECTION 7. Period for Filing the Petition for Disqualification. - Any

citizen of voting age or a duly registered political party, organization, or coalition of political parties may file with the Law Department of the COMELEC a petition to

1 disqualify a candidate after the last day for filing of certificates of candidacy and before proclamation on grounds provided for under Section 4 of this Act. If a candidate who is disqualified under this Act is proclaimed or is allowed to assume office, the existence of his political dynasty relationship shall be a ground for disqualification in a quo warranto proceeding in the appropriate body, to be decided within six (6) months from the filing of the same.

SECTION 8. Summary Proceedings. - The petition shall be heard and

decided summarily by the COMELEC, after due notice and hearing, within one (1) month from the filing thereof. The decision of the COMELEC shall be executory after the lapse of five (5) days from publication thereof.

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 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 clear and convincing, his or her proclamation shall be suspended even though he or she received the most number of votes in the election: Provided further that in cases where the disqualified candidate has been proclaimed, he or she shall forfeit his right to the office.

SECTION 10. Penalties. Any violation of this Act, including misrepresentation

or non-disclosure of material facts as required by Section 5 and the duty to deny due course to certificates of candidacy as required under Section 6, shall be punished as an election offense, in accordance the provisions of the Omnibus Election Code.

SECTION 11. Applicability. - This Act shall apply to the next succeeding

elections and to all subsequent elections thereafter. An incumbent elective official who has a political dynasty relationship shall not be allowed to run in any subsequent election while such a political dynasty relationship exists.

SECTION 12. Rules and Regulations. - Within ninety (90) days after the

effectivity of this Act, the COMELEC shall promulgate the rules and regulations for the implementation of the provisions thereof.

SECTION 13. 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 are hereby repealed, modified, or amended accordingly.

SECTION 14. Separability Clause. - If any provision or part hereof is held

invalid or unconstitutional, the remainder of the Act or provision not otherwise affected shall remain valid and subsisting.

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

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