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Introduction

• Eighteenth Congress of the Republic of the Philippines

  • First Regular Session

  • S.B. No. ___

  • Introduced by Senator Lacson

  • Date: July 1, 2019

Explanatory Note

• Article II, Section 26 of the 1987 Constitution states that:

  • The state shall guarantee equal access to opportunities for public service.

  • Prohibit political dynasties as defined by law.

• Current Situation:

  • Absence of an enabling law against political dynasties despite acknowledgment of their detrimental effects.

  • Dominance of influential families in politics leads to political inequities and a lack of genuine competition.

  • Historical context: 1986 Constitutional Commission debates highlighted the need to widen opportunities for capable candidates.

  • Efforts to introduce anti-political dynasty laws since the 8th Congress have consistently failed, primarily due to opposition from members of Congress belonging to political dynasties.

Purpose of the Proposed Measure

• Seeks to balance:

  • The electorate's right to choose leaders.

  • The necessity of prohibiting political dynasties.

• The measure emphasizes interpreting laws to support fairness rather than restrict opportunities.

Key Provisions of the Act (Section Breakdown)

Short Title

• Name: Anti-Political Dynasty Act of 2019

Declaration of Policy

• State policy aims to:

  • Ensure equal access and opportunity to public office.

  • Prevent the concentration of political power within a few families.

Definition of Terms (Section 3)

1. Political Dynasty:

   • Refers to the consolidation of political powers among individuals related by blood or affinity.

2. Political Dynasty Relationship:

   • Exists when a spouse or a relative within the second civil degree runs for an elective office simultaneously with an incumbent in the same area.

3. Second Civil Degree:

   • Relationship by blood or affinity to brothers, sisters, direct ascendants, or descendants.

4. Term Limits:

   • As established in the Constitution, indicating maximum terms for public officials.

5. Running/Holding an Elective Office:

   • Defined as starting upon filing candidacy or oath of office respectively.

Applicability (Section 4)

• This Act is applicable to:

  • Upcoming elections and future elections.

  • Incumbent officials related politically can run in subsequent elections until term limits.

Prohibited Candidates (Section 5)

• No relative within the second degree to an incumbent official can run in the same election for elective office in the same area.

• Specifics on candidacy restrictions based on relationship to incumbents:

  • Disqualification extends to spouses and relatives if related within prohibited degree.

  • National officials have specific restrictions based on their constituency.

Filing for Disqualification (Section 7)

• Citizens or political entities may file petitions with the COMELEC to disqualify candidates based on dynasty relationships.

Summary Proceedings (Section 8)

• The COMELEC will summarily hear and decide disqualification petitions.

Violation Consequences (Section 9)

• Certificates of candidacy filed under violations are denied, and votes for disqualified candidates are not counted.

Unresolved Petitions (Section 10)

• If disqualification petitions are unresolved before canvass completion, votes may be included, but proclamation can be suspended.

Post-Proclamation Disqualification (Section 10)

• Candidates found disqualified after proclamation may face further legal proceedings.

Implementation (Sections 11-14)

• Rules and Regulations: To be promulgated by COMELEC for effective implementation.

• Separability Clause: Remaining provisions remain valid if parts are invalid.

• Repealing Clause: Outdated or conflicting laws are repealed or amended.

• Effectivity: Takes effect 15 days after publication in newspapers.