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Anti-political Dynasty Act

SBN-1558 · 20th Congress · verbatim text↗ Official Senate PDF

Senate Office of the Securtarp TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session NOV 27 A10:40 SENATE RECEIVED BY: S. No. 1558 Introduced by Senator Bam Aquino AN ACT DEFINING AND PROHIBITING POLITICAL DYNASTIES EXPLANATORY NOTE The call for accountability, effective public service, and stronger democratic systems from the Filipino people has long gone unheeded. One of the first and necessary steps we need to take towards strengthening our democratic institutions is ensuring that Filipino voters have more and better-choices for their public servants. We must encourage and empower Filipinos with integrity, competence, and a passion for service to run for office and transform government from within. Limiting the influence of political dynasties is one firm step in that direction, as explicitly mandated by Article II, Section 26 of the 1987 Constitution: "The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law." Nearly forty years after the 1987 Constitution was ratified, this mandate remains unfulfilled. In the absence of an implementing law, political dynasties have expanded their reach across all levels of government. Over 80% of district representatives in the House of Representatives belong to dynastic families, while about 87% of governors come from political clans. Even the party-list system, intended to give marginalized sectors a voice, has been captured by traditional politicians and dynastic interests. These realities block new leaders, undermine accountability, and weaken democratic participation. This bill operationalizes the constitutional prohibition by defining political dynasties and establishing clear, enforceable rules. It prohibits any person related within the third degree of consanguinity or affinity to an incumbent elective official from holding another elective office simultaneously with the incumbent, thereby preventing the consolidation and perpetuation of dynastic control. By establishing these safeguards, the bill restores electoral competition, encourages capable and service-driven candidates, and prevents concentration of

power. It fulfills a constitutional promise long deferred, ensuring that public service is based on merit, vision, and competence rather than family lineage. The Anti-Political Dynasty Act is a long-overdue reform, and is one that has been fought for over the past four decades. It opens public service to a broader pool of Filipinos, strengthens democratic choice, and reaffirms that leadership is entrusted by the people, not a family business. We believe that now is the time to pass this measure and give the Filipino people a democracy that they deserve. In view of the foregoing, the passage of this bill is earnestly sought. Ban Oquin

Sentate Olice of the Erretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session 25 NOV 27 A10:40 SENATE RECEIVED BY: S. No. 1558 Introduced by Senator Bam Aquino AN ACT DEFINING AND PROHIBITING POLITICAL DYNASTIES 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 "The Anti-Political Dynasty

2 Act."

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to

guarantee and provide equal access to opportunities for public office and public service 5 to any qualified Filipino, pursuant to Section 26, Article II of the 1987 Constitution. 6 Towards this end, the State shall prohibit political dynasties as defined under Section 7 5 of this Act.

Sec. 3. Definition of Terms. - As used in this Act:

a) COMELEC refers to the Commission on Elections; b) Political Dynasty refers to the concentration, consolidation and/or perpetuation of political powers by persons related to one another within the third degree of consanguinity or affinity; c) Political Dynasty Relationship shall exist when the spouse or any relative within the third degree of consanguinity or affinity of an incumbent elective official holds any elective office simultaneously with the said incumbent; d) Spouse refers to the legal and common-law wife or husband of an incumbent elective official; and e) Third Civil Degree of Consanguinity or Affinity refers to the relatives of a person who may be the latter's uncle, aunt, nephew, niece, great-grandparent, or

great-grandchild, whether legitimate, illegitimate, or adopted, including their spouses.

Sec. 4. Applicability. - This Act shall govern and be applicable to the next

elections and all subsequent elections thereafter.

Sec. 5. Prohibited Candidates. - Any person with a political dynasty relationship

with any incumbent elective official as defined in Section 3 of this Act, shall not be allowed to hold public office.

Sec. 6. Determination of Elected Candidates with Political Dynasty Relationship.

- Whenever it appears from the official canvass that two or more candidates elected to the same or different positions at the local or national level are related within the third degree of consanguinity or affinity and would hold office simultaneously, the Board of Canvassers, after recording this fact in its minutes, by resolution, shall hold a special public meeting to resolve the matter. Before conducting the drawing of lots, the Board shall first determine whether the related candidates have voluntarily entered into an agreement as to who shall withdraw in the event that both are elected. If such an agreement exists, the Board shall abide by the terms of the agreement and proclaim the agreed-upon candidate. In the absence of a voluntary agreement, the Board shall proceed to a drawing of lots among the candidates who are related within the third degree of consanguinity or affinity. The candidate favored by luck shall be officially proclaimed and shall have the right to assume office. The Board shall immediately issue a certificate of proclamation stating the name of the candidate favored by luck and the basis of the proclamation. Nothing in this section shall be construed as depriving any candidate of the right to contest the election in accordance with existing laws.

Sec. 7. Effect of Violation of Prohibition. - The COMELEC shall, motu proprio or

upon a verified petition of any interested party, initiate proceedings or act on any petition to cancel or annul any proclamation, or to suspend the assumption into office, made in violation of this Act.

Sec. 8. Rules and Regulation. - The COMELEC shall promulgate all the rules and

regulations necessary for the full implementation of this Act.

Sec. 9. Repealing Clause. - Any law, presidential decree or issuance, executive

order, or part thereof, contrary to, or inconsistent with, the provisions of this Act is hereby repealed, modified or amended accordingly.

Sec. 10. Separability Clause. - If any provision or part hereof is held invalid or

unconstitutional, the remainder of the Act shall remain valid and subsisting.

Sec. 11. Effectivity Clause. - This Act shall take effect after fifteen (15) days

7 following the completion of its publication in the Official Gazette, or in a national newspaper of general circulation. Approved,

Text extracted from the scanned Senate document via OCR — it may contain recognition errors. The official PDF is the authoritative version.