Anti-epal Act

Senate Office of the secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 26 JAN 28 A10:31 First Regular Session SENATE RECEIVED BY: S. No. 1716 Introduced by Senator Loren Legarda AN ACT PROHIBITING THE DISPLAY OR ADVERTISEMENT OF GOVERNMENT OFFICIALS' NAMES AND PHOTOS IN ALL GOVERNMENT EXPLANATORY NOTE Anchored on the 1987 Constitution, the principles of honesty, integrity', and accountability? define the ethical foundation of public service. These constitutional mandates underscore that government authority must be exercised solely for the benefit of the people, free from self-promotion, undue credit-grabbing, or political patronage. This unethical practice misleads the public into believing that government projects are personally sponsored by incumbent officials. It fosters premature campaigning, perpetuates political patronage, and undermines the principle that public service must be rendered with honesty, integrity, and transparency. This proposed Anti-Epal Act formally establishes these principles through legislation by prohibiting public officials from affixing their names, images, or personal identifiers to government programs and projects, and by ensuring that public assistance is delivered transparently, without partisan influence. In the absence of an enabling statute, various government agencies have endeavored to uphold the spirit of integrity and good governance through 1 Article II, Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. 2 Article XI, Section 1. Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

administrative issuances designed to discourage and prohibit acts of self-promotion by public officials in the implementation of government programs and projects. In 2010, the Department of the Interior and Local Government (DILG), through Memorandum Circular No. 2010-1013, prohibited billboards, signages, and other materials bearing the names, initials, or pictures of government personalities on all government projects and properties. Subsequently, the Commission on Audit (COA), through Circular No. 2013-004*declared that the inclusion of public officials' names or images in project signages is unnecessary and improper as government funds and properties shall be safeguarded against loss or wastage, and irregular, excessive, extravagant, or unconscionable expenditures shall be disallowed in audit. In 2019, the DILG through Memorandum Circular No. 2019-555 reinforced this principle by directing local officials to refrain from appearing in the distribution of government programs and activities, stressing that such undertakings must be conducted solely for the benefit of their constituents, free from political branding or self-promotion. Most recently, Republic Act No. 12314 or the General Appropriations Act of 20266 reinforced these measures by expressly providing under Section 19 that no public official holding elective office, electoral candidate, politician, political party, or any of their representatives shall influence, be present in, participate in, or otherwise take part in the actual distribution of cash assistance and other forms of financial aid under programs of the government. This measure institutionalizes the prohibition on political signage, branding, paraphernalia, and other partisan activities in the implementation and distribution of 3 Memorandum Circular No. 2010-101. Banning Names or Initials and/or Images or Pictures of Government Officials in Billboards and Signages of Government Programs, Projects, and Properties. Department of Interior and Local Government. September 23, 2010. https://www.dilg.gov.ph/PDF_File/issuances/memo_circulars/DILG-Memo_Circular-2010927-d3be2a93 * COA Circular No. 2013-004. Information and Publicity on Programs/Projects/Activities of Government Agencies. Commission on Audit. January 30, 2013. https://www.coa.gov.ph/wpfd_file/coa-circular-no-2013-004-january-30-2013/ 5 Memorandum Circular No. 2019-55. Prohibition on the Presence of Local Elective Officials During the Conduct of Payouts of Government Programs and Activities. Department of Interior and Local Government. April 12, 2019. https://www.dilg.gov.ph/issuances/mc/Prohibition-on-the-Presence-of-Local-Elective-Officials-during-t he-conduct-of-Payouts-of-Government-Programs-and-Activities/2943 6 Republic Act No. 12314. An Act Appropriating Funds for the Operation of the Government of the Republic of the Philippines from January One to December Thirty One, Two Thousand and Twenty Six. https://www.dbm.gov.ph/wp-content/uploads/GAA/GAA2026/VolumeIB/GENPRO.pdf

government programs, ensuring that public assistance is delivered free from political influence, self-promotion, and patronage. Its repeated filing across successive Congresses and consistent recognition by the executive branch underscore the persistence of this governance concern and the need for a permanent statutory solution. By consolidating and giving full legal force to existing legislative and administrative safeguards, the Anti-Epal Act establishes a clear and enforceable standard that promotes integrity, fairness, and transparency in public service, and affirms that government projects and programs are undertaken solely for the benefit of the people. In view of the foregoing, the passage of this measure is earnestly sought. LOREN LEGARDA

Office of the settarp TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) 26 JAN 28 A10:31 SENATE RECEIVED BY s. No. 1716 Introduced by Senator Loren Legarda AN ACT PROHIBITING THE DISPLAY OR ADVERTISEMENT OF GOVERNMENT OFFICIALS' NAMES AND PHOTOS IN ALL GOVERNMENT Be it enacted by the Senate and House of Representatives of the Philippines in the Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Anti-Epal Act "

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

constitutional principles of honesty, integrity, and accountability in public service. 4 Government authority shall be exercised solely for the benefit of the people, free from 5 self-promotion, undue credit-grabbing, or political patronage. Further, it is the policy 6 of the State for all elected and appointed public officers and employees to serve with 7 utmost honesty and integrity and take proactive and effective measures against graft 8 and corruption.

Sec. 3. Definition of Terms. - For the purpose of this Act, the term:

(a) "Electoral Candidate" refers to any person, whether an incumbent public officer or a private citizen, who has duly filed a Certificate of Candidacy before the Commission on Elections (COMELEC) for the succeeding Sangguniang Kabataan, barangay, local, national, or special elections, irrespective of whether the official election or campaign period, as defined in Batas Pambansa Bilang 881, otherwise known as the Omnibus Election Code of the Philippines, has commenced;

(b) "Government" means the national government, the local governments, the government-owned and government-controlled corporations, and all other instrumentalities or agencies and branches of the Republic of the Philippines; (c) "Government Issued Documents" refers to official papers or digital records that are formally created, authorized, or released by the government to serve a specific legal, administrative, regulatory, or informational purpose, including but not limited to permits, certifications, IDs, and clearances; (d) "Government Program" refers to government-funded initiatives involving the delivery of goods, services, financial assistance, or benefits to the public, including social protection, education, livelihood, health, infrastructure support, and similar programs, but excluding purely regulatory, inspection, or enforcement activities performed in the regular course of official duties; (e) "Government Project" refers to all current and future government infrastructure, engineering works and services, and other related and necessary activities such as site acquisition, supply and/or installation of equipment and materials, implementation, construction, completion, operation, maintenance, improvement, repair and rehabilitation; (f) "Motor vehicles" includes, but is not limited to, all government-owned or leased motor vehicles, police cars, ambulances, fire trucks, multi-cabs, barangay vehicles; other motor vehicles being used for official function; and any and all private vehicles being used for or in behalf of the government; (g) "Personal Branding" refers to any name, initials, image, likeness, logo, slogan, color scheme, or graphic identifier that directly or indirectly identifies an elected or appointed public official and is not required by law, regulation, or official protocol, when displayed on government-funded property, programs, projects, documents, or activities. (h) "Public officer" means elective and appointive officials and employees, permanent or temporary; (i) "Public services" refers to government-funded outreach or service-delivery activities such as medical missions, job caravans, mobile services, and

similar activities where benefits are directly provided to individuals or communities. (i) "Public works" includes, but is not limited to the following: streets, bridges, sidewalks, public buildings, public parks, sewage facilities, basketball courts, waiting sheds, lampposts, and all public work projects which are funded, wholly or partly, through public funds released by the Government; (k) "Signage" includes any form of written announcement, installed, posted, painted or otherwise displayed in a public place.

Sec. 4. Prohibited Acts. - The following constitutes a violation of this Act:

(a) Affixing, or causing to be affixed the name, initials, logo, image, or personal branding of any public official to a signage announcing a proposed, on-going or completed public works as defined under Section 3(j). For purposes of this Act, liability shall attach to any public officer who ordered, approved, authorized, knowingly allowed, or failed to prevent the prohibited display; (b) Affixing or causing to be affixed the name, initials, logo, image, or personal branding of any public official to a signage crediting an individual officer, or bearing his or her image, on any and all kinds of public services and motor vehicles as defined under Section 3(i) and (f) respectively. For purposes of this Act, liability shall attach to any public officer who ordered, approved, authorized, knowingly allowed, or failed to prevent the prohibited display; (c) Affixing or causing to be affixed the name, initials, logo, image, or personal branding of any public official to a signage - crediting an individual officer, or bearing his or her image, on any and all kinds of government-issued documents except where the inclusion of a name or signature is expressly required by law or regulation solely for purposes of authentication or legal validity; (d) Naming or identifying government projects as defined under Section 3(e) after any government officials or other persons whose identity may in any manner be associated with said government officials, except those as may be determined by the National Historical Commission of the Philippines

(NHCP) in accordance with law or its duly issued guidelines or regulations; and (e) Interfering, whether through physical presence or by any other direct or indirect means such as guarantee letters, endorsement letters, and other similar mechanism, in the orderly conduct of government programs as defined under Section 3(d), using such programs as a means to promote, endorse, solicit support for, or otherwise advance any political interest, agenda, or partisan objective. This prohibition against interference shall extend to an electoral candidate as defined in Section 3(a).

Sec. 5. Allowed Practices. - Nothing in this Act shall be construed to prohibit

11 any agency, department, or local government unit from affixing, or causing to be affixed, its official name or logo on signage announcing a proposed, ongoing, or completed public works project, or from installing, or causing to be installed, signage announcing the maintenance, rehabilitation, or construction of public works, crediting the agency, department, or local government unit concerned. Such signage may bear the official name or logo solely for purposes of identification and accountability in the maintenance, rehabilitation, or construction of public works, subject to existing rules, guidelines, and specifications laid down by the Commission on Audit (COA) on information and publicity on programs/projects/activities of government agencies. Campaign materials disseminated during the election and campaign period, as defined under Article I, Section 3 of Batas Pambansa Bilang 881, otherwise known as the Omnibus Election Code of the Philippines, shall likewise be deemed permissible, subject to the limitations, rules, and regulations promulgated by the Commission on Elections (COMELEC).

Sec. 6. Removal of Existing Signage. - The Department of Public Works and

Highways (DPWH), in coordination with the Department of Interior and Local Government (DILG), and the Metro Manila Development Authority (MMDA), is hereby ordered to remove all existing signage announcing a proposed, on-going, or completed public works project, within three (3) months after the effectivity of this Act. Likewise, all concerned public officers shall be duty bound to remove existing signages in any and all public service projects and motor vehicles within thirty (30)

1 days after effectivity of this Act. Cost of such removal, if any, shall be borne by the public officer.

Sec. 7. Anti-Epal Desk. - The Civil Service Commission (CSC) shall be the

primary implementing and administrative enforcement authority of this Act. Through 5 its Regional and Field Offices, the CSC shall establish and maintain an Anti-Epal 6 Enforcement and Complaints Mechanism covering all public officers and employees, 7 whether national or local, appointive or elective, subject to the Constitution and existing laws. The CSC shall ensure that the enforcement of this Act is carried out in a manner 10 consistent with civil service laws, due process, and existing disciplinary rules.

Sec. 8. Anti-Epal Desks and Filing of Complaints. - The CSC shall designate

Anti-Epal Desks in its Regional and Field Offices, which shall serve as the central intake, documentation, and preliminary evaluation units for complaints involving violations of this Act. The Anti-Epal Desks shall be administrative and non-adjudicatory in nature. Any person may file a complaint for any violation of this Act. Anonymous complaints shall be admissible where the complainant reasonably fears retaliation or reprisal, provided that the complaint is supported by sufficient documentary, photographic, or other physical evidence. The form and manner of filing complaints shall be prescribed in the Implementing Rules and Regulations of this Act and shall, at a minimum, require the identification of the public officer or electoral candidate involved, if known; a concise description of the act or omission complained of; and the government project, program, document, vehicle, or activity involved, including its location, if applicable.

Sec. 9. Preliminary Evaluation, Referral, and Coordination. - Upon receipt of a

complaint, the CSC Regional or Field Office shall conduct a preliminary evaluation solely to determine sufficiency in form and substance and the proper forum, and shall thereafter take the appropriate action, as follows:

(a) Where the respondent is an appointive public officer or employee within the jurisdiction of the CSC, the complaint shall be acted upon administratively in accordance with civil service laws and rules. (b) Where the respondent is an elective public officer or where the acts complained of may give rise to criminal liability, the complaint shall be referred to the Office of the Ombudsman. (c) Where the violation involves an electoral candidate or election-related conduct, the complaint shall be referred to the Commission on Elections (COMELEC). (d) Such referral shall be made without delay and without prejudice to the filing of appropriate actions before other competent authorities. The CSC shall coordinate with the Office of the Ombudsman, the Commission on Elections, the Commission on Audit, the Department of the Interior and Local Government, and other relevant agencies to ensure the effective and uniform implementation of this Act. Nothing in this Act shall be construed as granting the Civil Service Commission disciplinary or adjudicatory authority over elective public officers, which authority remains vested in the Office of the Ombudsman or other competent bodies under existing law.

Sec. 10. Penalties for Violations. -

(1) First Violation - Non-Election Related. - Any public officer or employee who commits a violation of this Act not related to an election period or the distribution of government assistance shall be punished by: 1. a fine of not less than Five Hundred Thousand Pesos (Php 500,000.00) but not more than Two Million Pesos (Php 2,000,000.00); and 2. mandatory removal of the prohibited signage, material, or branding at the offender's expense;

(2) Aggravated Violation. - A violation of this Act shall be considered aggravated and punishable by imprisonment of not less than six (6) months but not more than two (2) years, and a fine of not less than Two Million Pesos (Php 2,000,000.00) but not more than Five Million Pesos (Php 5,000,000.00), when committed under any of the following circumstances: 1. The violation is election-related, committed during the election period or within one (1) year immediately preceding an election; 2. The violation involves the distribution of government assistance, benefits, or public services to identifiable beneficiaries; or 3. The violation involves repeated, systematic, or large-scale branding, defined as the installation or display of prohibited identifiers in more than one government project, program, document, vehicle, or locality. (3) Second or Subsequent Violation. - A second or subsequent violation of this Act shall be punishable by the penalties provided under subsection (2) and shall, upon final conviction or final administrative determination, result in perpetual absolute disqualification from holding public office; and (4) Administrative Liability. - The penalties imposed under this Act shall be without prejudice to administrative liability under existing civil service laws, rules, and regulations, including dismissal from the service, forfeiture of benefits, and disqualification from reemployment in government, as well as to liability under other applicable penal laws.

Sec. 11. Prescription of Offenses. - All offenses punishable under this Act shall

prescribe in four (4) years, pursuant to Section 1 of Act No. 3326.

Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days from

the effectivity of this Act, the Civil Service Commission (SC), as the lead implementing agency, shall promulgate the Implementing Rules and Regulations (IRR) necessary for the effective and uniform implementation of this Act, in coordination with the Department of Public Works and Highways (DPWH), the Commission on Audit (COA),

1 the Department of the Interior and Local Government (DILG), the Metro Manila Development Authority (MMDA), the Government Procurement Policy Board (GPPB), 3 the National Historical Commission of the Philippines (NHCP), and other relevant 4 government agencies, and upon consultation with relevant stakeholders. The IRR shall include, among others: 1. Standards and specifications governing the prohibition on claiming credit through signage, billboards, markers, and other forms of publicity in public works projects, including government-owned or government-funded facilities and properties; 2. Guidelines on the prohibition on the use of names of public officials or other persons associated with them in the naming of public works, government projects, or facilities, consistent with existing laws and the rules of the NHCP; 3. Procedures for the receipt, evaluation, referral, and disposition of complaints under this Act, consistent with the enforcement and complaints mechanism established herein; and 4. Coordination protocols among the CSC, the Office of the Ombudsman, the Commission on Elections (COMELEC), and other concerned agencies to ensure effective enforcement within their respective mandates. The Commission on Elections (COMELEC) shall, within the same period, promulgate supplemental rules consistent with the IRR to govern matters within its jurisdiction, particularly the prohibition against interference by electoral candidates in the conduct and distribution of government programs under Section 4(e) of this Act.

Sec. 13. Information, Education, and Public Awareness. - The CSC, in

coordination with relevant government agencies and civil society organizations, shall undertake a continuing and systematic campaign to educate all public officers on their duties and obligations under this Act. Such campaign shall place particular emphasis on the prohibitions provided under Section 4 of this Act and shall promote adherence to the highest standards of integrity and accountability in the conduct of government

1 programs, projects, and activities. To ensure strict compliance with the Anti-Epal Law, 2 directives shall be regularly disseminated through official circulars, memoranda, seminars, symposia, fora, and other appropriate means, thereby reinforcing the 4 responsibility of every public officer to uphold the provisions of this Act. The CSC, in the same coordination, shall likewise undertake a continuing and 6 systematic campaign to fully inform the general public of the provisions of this Act. 7 This campaign shall be carried out through newspapers of general circulation, radio, 8 television, or other media forms, as well as through seminars, symposia, fora, or other 9 non-traditional means of dissemination. The public shall be regularly reminded of the 10 existence and functions of the Anti-Epal Desks, the nature of violations covered by this Act, and the procedures available for filing complaints. For purposes of effective implementation, the CSC shall ensure that information materials are accessible in both traditional and digital formats, translated into major local languages where necessary, and disseminated widely to promote transparency, accountability, and citizen participation.

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

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

Sec. 15. Repealing Clause. - Any law, decree, executive order or parts thereof

inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Sec. 16. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in a newspaper of general circulation. Approved,