The Anti-political Dynasty Act

Office of the soretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session FEB 24 P3:06 SENATE RECEIVED BY S.B. No. _ 1901 (In substitution of Senate Bill Nos. 18, 35,285, 1548, 1558, 1616, and 1854) Prepared by the Committees on Electoral Reforms and People's Participation; and Constitutional Amendments and Revision of Codes with Senators Padilla, Lacson, Pangilinan, Hontiveros, Aquino, Ejercito, Legarda, and Tulfo (E.) as authors thereof AN ACT PROHIBITING POLITICAL DYNASTIES IN NATIONAL AND LOCAL ELECTIVE OFFICES AND PARTY-LISTS, AND PROVIDING PENALTIES THEREFOR 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

2 Dynasty Act".

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

State to guarantee equal access to opportunities for public service. Towards this end, the State shall prohibit political dynasties in all national and local elective offices and 6 party-lists.

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

8 terms shall mean as follows:

a) Candidate refers to an individual who aspires for or seeks an elective public office and shall be considered as such upon filing of a certificate of candidacy or a certificate of nomination and acceptance with the Commission on Elections (COMELEC). b) 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; c) National Elective Office refers to the Presidency, the Vice-Presidency, and the Senate of the Philippines. d) Partnerships without the benefit of marriage refer to common law relationships between two persons who cohabit, declare, or present themselves to the public as a couple without marriage. It shall include civil unions, unions without marriage under Articles 147 and 148 of the Family Code, and any other contractual arrangements similar to marriages or civil unions. For purposes of this Act, parties in a partnership without the benefit of marriage shall be treated as spouses as defined above. 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 the Party-List System Act. f) 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 and party-list representatives, as well as other elective offices that may be created by law from time to time.

g) Relationship by Affinity refers to the relationship a person has to the blood relatives of one's spouse as defined in this Act. h) Relationship by Consanguinity exists between persons related by blood, originating from a common ancestor. For purposes of this Act, 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". i) Relative refers to a person within the second civil degree of consanguinity or affinity, whether legitimate or illegitimate, full or half- blood. j) Spouse refers to an individual who entered into a special contract of permanent union with another individual in accordance with law for the establishment of conjugal and family life.

SECTION 4. Prohibition of Political Dynasty Relationships. - Political dynasty

relationships are hereby absolutely prohibited. A political dynasty relationship shall be deemed to exist when: a) Spouses, or two or more relatives hold simultaneous or overlapping terms in national elective offices; b) Spouses, or two or more relatives hold simultaneous terms in local elective offices within the same legislative district, province, city, or municipality; Provided, that it shall include a situation where spouses or two or more relatives occupy local elective offices in separate municipalities, highly urbanized cities, or component cities within the same province, or legislative districts within the same local government unit;

c) Spouses or two or more relatives hold simultaneous terms within and across party-lists; d) Spouses or two or more relatives hold simultaneous or overlapping terms under the party-list system, and any national or local elective office; •7 e) A spouse or relative of an incumbent elective official immediately succeeds the latter's office. Succession or appointment to an elective office in any manner provided by law, whether in a temporary or permanent capacity, shall be deemed as holding an elective office.

SECTION 5. Certificates of Candidacy and Certificates of Nomination and

Acceptance to be filed with the COMELEC. - The certificate of candidacy to be filed with the COMELEC by any person running for any elective office must include a certification made under oath that: a) they have no spouse or relative holding an elective office where the affiant's possible assumption to public office would result in a political dynasty relationship; b) they have no spouse or relative running for an elective office in the same elections, where joint favorable electoral outcomes would result in a political dynasty relationship; c) should their spouse or relative file a certificate of candidacy which creates a potential political dynasty relationship, they shall subject themselves to the procedures contained herein to determine the individual who can proceed to contest the election; d) should they obtain knowledge of filings which create a potential political dynasty relationship as defined herein, they shall promptly report the

relevant filings to the COMELEC within five (5) calendar days from the last day of the filing of certificates of candidacy. In the case of party-lists, the certificate of nomination and acceptance to be filed with the COMELEC shall include a certification made under oath by the nominees that: a) the nominees have no spouse or relative holding an elective office where the affiant's possible assumption to public office would result in a political dynasty relationship; b) the nominees have no spouse or relative running for an elective office in the same elections, where joint favorable electoral outcomes would result in a political dynasty relationship; c) should any spouse or relative of a nominee file a certificate of candidacy which creates a potential political dynasty relationship, they shall subject themselves to the procedures contained herein to determine the individual who can proceed to contest the election; d) should any nominee obtain knowledge of filings which create a potential political dynasty relationship as defined herein, they shall promptly report the relevant filings to the COMELEC within five (5) calendar days from the last day of the filing of certificates of nomination and acceptance. The following must also be submitted by all candidates and nominees as an attachment to the certificate of candidacy or certificate of nomination and acceptance: (a) Certificate of Live Birth or Report of Birth, authenticated by the Philippine Statistics Authority ("PSA"); and (b) Certificate of Marriage or Report of Marriage, or Certificate of No Marriage, as applicable, authenticated by the PSA.

SECTION 6. Voluntary or Ipso Facto Withdrawal of Candidacy or Nomination.

- In cases where certificates of candidacy or certificates of nomination and acceptance

filed by spouses, relatives, and/or party-lists will result in a potential political dynasty 2 relationship, based on information submitted in accordance with Section 5, the COMELEC shall notify all persons affected of the relevant circumstances within a period of five (5) days from the last day of submission of reports. The COMELEC shall, within the same period, also release such notice to the public in any manner that ensures that candidates are informed. The persons shall have seventy-two (72) hours from receipt of such notice, or from the posting or publication thereof, to choose amongst themselves which 9 individual shall proceed with the candidacy and to submit their joint agreement to the 10 COMELEC. If no agreement has been reached after such period, the COMELEC shall proceed with the drawing of lots to decide which singular candidate may be favored by luck and may proceed with their candidacy. Nothing herein shall preclude any candidate or party-list from voluntarily withdrawing their candidacy or nomination, as the case may be. In the event that no voluntary withdrawals are made, only the person chosen under agreement or favored by luck, as provided above, shall be allowed to proceed as a candidate for the elective office for which the prohibitions under this Act apply. All other certificates of candidacies or nominations shall be deemed withdrawn by the COMELEC. This shall be without prejudice to the separate filing of any criminal complaint under Section 14 of this Act.

SECTION 7. Potential Political Dynasty Relationship as a Ground for

Cancellation of Certificate of Candidacy or Nomination. - Notwithstanding the provision above, the COMELEC may, upon verified petition filed by any registered voter, or motu proprio at any time upon receipt of relevant information, deny due course or cancel any certificate of candidacy or nomination to comply with the provisions of this Act. Notwithstanding any provision of law to the contrary, a petition to deny due course or cancel any certificate of candidacy or nomination under this Act may be filed at any time before the proclamation of a winning candidate.

The COMELEC shall notify all persons affected within a period of five (5) days 2 from the filing of any petition, and shall proceed to the drawing of lots to decide which singular candidate may be favored by luck and may proceed with their candidacy. All other certificates of candidacies or nominations shall be cancelled by the COMELEC. This shall be without prejudice to the separate filing of any criminal complaint 6 under Section 14 of this Act.

SECTION 8. Other Grounds for Cancellation of Certificate of Candidacy or

8 Nomination. - In addition to the above, the following shall also be sufficient grounds 9 for the COMELEC to cancel a certificate of candidacy or nomination at any time before the proclamation of a candidate: a) Malicious or frivolous filings to trigger the anti-political dynasty prohibitions contained in this Act; b) Willful concealment or falsehoods made in the sworn statement required under Section 5 of this Act; and c) Submission of spurious, forged or falsified documents required under

Section 5 of this Act.

This shall be without prejudice to the separate filing of any criminal complaint under Section 14 of this ct.

SECTION 9. Assistance of the Philippine Statistics Authority, - The PSA shall

promptly provide relevant information and documentation requested by the COMELEC in fulfillment of its obligations under this Act, including but not limited to PSA authenticated Certificate of Live Birth or Report of Birth, Certificate of Marriage or Report of Marriage, or Certificate of No Marriage, and other civil registration documents. The Data Privacy Act shall not apply to any personal information processed for purposes of implementing this Act, in accordance with Section 4(e) of such law.

SECTION 10. Participation of Civil Society Organizations. - The COMELEC shall

enlist non-partisan group or organizations of citizens from the civic, youth, professional, educational, business or labor sectors known for their probity, impartiality and integrity with the membership and capability to undertake a coordinated operation and activity to assist it in the implementation of the provisions of this Act and the resolutions, orders and instructions of the COMELEC for the purpose 7 of preventing the existence and perpetuation of the political dynasty relationships prohibited herein.

SECTION 11. Summary Proceedings. - The petition to deny due course or to

cancel any certificate of candidacy or nomination as provided under this Act shall be heard and decided summarily by the COMELEC, after due notice and hearing, within thirty (30) days from the filing thereof. The decision of the COMELEC shall be final and executory after the lapse of five (5) days from publication thereof.

SECTION 12. Quo Warranto Proceedings. - If a candidate who is ineligible

under this Act is proclaimed or is allowed to assume office for any reason, the existence of the candidate's political dynasty relationship shall be considered a violation of this Act and a ground for disqualification in a quo warranto proceeding in the appropriate body provided under the applicable law, and shall be decided within six (6) months from the filing thereof.

SECTION 13. Prohibition of Political Dynasties Under Any Other Modes of

Holding an Elective Office, - No manner or mode of holding of any elective office, including by nomination or substitution under the party-list system, or designations made as legislative caretaker, substitution in case of death, disqualification, or withdrawal under Section 77 of the Omnibus Election Code, or any other applicable law, shall result in any political dynasty relationships as defined in this Act. For purposes of applying the prohibition on succession under Section 3(b)(v) of this Act, voluntary renunciation of the office for any length of time of the incumbent shall not be considered an interruption in the continuity of service for the full term for which the incumbent was elected.

SECTION 14. 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 5 of this Act; b) Submission of spurious, forged or falsified documents required under

Section 5 of this Act;

c) Aiding and abetting the production of any kind of spurious, forged or falsified documents submitted in accordance to Section 5 of this Act; d) Malicious or frivolous filings to trigger the anti-political dynasty prohibitions contained in this Act; e) 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 any agreement made in accordance with Section 6 of this Act, whether or not the offender shall have attained their purpose; and f) Resigning an elective office for the purpose of enabling a spouse or relative to assume or seek such position in contravention of this Act; g) Any other willful act to allow the existence or perpetuation of political dynasty relationships as provided under Section 3(b) of this Act.

SECTION 15. Applicability. - This Act shall apply to the next succeeding

elections and to all subsequent elections thereafter, provided that incumbent public officials in a political dynasty relationship before the passage of this Act shall be allowed to complete the unexpired portion of their terms.

SECTION 16. Implementing Rules and Regulations. - The COMELEC, in

coordination with PSA and the Department of the Interior and Local Government, shall

1 promulgate rules and regulations necessary for the implementation of this Act within 2 ninety (90) days from its effectivity.

SECTION 17. Separability Clause. - If any provision or part thereof is held

invalid or unconstitutional, the remainder of the Act or provisions not otherwise 5 affected shall remain valid and subsisting and shall remain in full force and effect.

SECTION 18. Repealing Clause. - All laws, presidential decrees, executive

7 orders, letter of instruction, proclamations, administrative orders, rules or regulations, or any provision or part thereof that are inconsistent with this Act are hereby repealed, 9 amended or modified accordingly.

SECTION 19. Effectivity. - This Act shall take upon publication in the Official

Gazette or in a newspaper of general circulation. Approved,