The Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Philippines
Sixteenth Congress
First Regular Session
House Bill No.: 1129
Introduced by Hon. Ginalynn Marriel A. De Torres
AN ACT
PROHOBITING THE ESTABLISHMENT
OF POLITICAL DYNASTIES IN THE PHILIPPINES

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 Act.
SECTION 2: Declaration of Policy. - It is hereby declared the policy of the
State to guarantee equal access and opportunity for public office. Towards this end, it is
likewise declared the policy of the State to prohibit political dynasties in the Philippines.
SECTION 3: Definition. As used in this Act, the following terms shall mean:

(a) Political Dynasty refers to members of the same family occupying

elected positions either in sequence for the same position, or
simultaneously across different positions.1

It shall exist when a spouse of an incumbent elective official or a

relative within the third degree of consanguinity or affinity holds or
runs for an elective office simultaneously with the incumbent official
within the same province or occupies the same position immediately
after the incumbent official. It shall also exist when there are the
spouses or any two (2) or more relatives running for the same position
during the same time.
(b) Spouse shall refer to both the legal or common law husband or wife of
the incumbent elective official.
(c) Third degree of consanguinity or affinity includes the parents and
parents-in-law, if married, of the incumbent official, his brothers and
sisters, brothers-in-law and sisters-in-law, his spouse, his grandparents
and grandparents-in-law, his children, nieces, nephews, grandchildren,
grandnephews and grandnieces, cousins and cousins-in-law, second
cousins and second cousins-in-law, aunts and uncles, grandaunts and
granduncles, and the children of a first cousins.2

Mendoza, R. U., Beja Jr., E. L., Venida, V. S., & Yap, D. B. (2013). POLITICAL DYNASTIES AND
POVERTY: EVIDENCE FROM THE PHILIPPINES. 12th National Convention on Statistics.
2
Texas State University. (n.d.). CONSANGUINITY AND AFFINITY RELATIONSHIP CHART. Retrieved
November 29, 2014, from Texas State University: http://www.txstate.edu/effective/upps/upps04-04-07-att1.html

(d) Running for an elective position shall commence after the official filing
of the Certificate of Candidacy to the Commission of Elections
(COMELEC).
(e) Holding an Elective Position shall refer to the right acquired a person
who was elected into a position through a valid election.
SECTION 4: Persons covered; Prohibited Candidates. The spouse of the
incumbent elective official and relatives up to the fourth civil degree of consanguinity or
affinity.
SECTION 5: Effect of Violation of Prohibition. The COMELEC shall, motu
propio or upon the verified petition of an interested party, deny the due course of any
certificate of candidacy filed in violation of this Act. The votes cast for the disqualified
candidate, should there be any, would not be counted nor shall the candidate be
proclaimed or allowed to assume office within any circumstances.
The candidates, who are found guilty of the violation of the provisions of this Act,
on first offense, shall suffer a ten (10) year disqualification in the running for any
elective post, be it from the barangay elections up to the national elections. While his or
her family, up to the third civil degree of consanguinity or affinity, would suffer the same
disqualification but only for five (5) years. For any recurrence of the violation, the
candidate shall be permanently disqualified from running in any elective position and
shall pay a fine of fifty thousand pesos (P 50,000) while his or her family, up to the third
degree of consanguinity, shall be disqualified for ten (10) years from running in any
elective post.

SECTION 6: Period for Filing Petition for Disqualification. A petition to

disqualify a candidate within the prohibitions of this Act may be filed by a qualified
voter, a co-candidate, or a qualified political party. The petition may be filed with the
COMELEC from the moment the candidates are allowed to pass their Certificate of
Candidacy until the day of the proclamation of winners.
SECTION 7: Summary Proceedings. The COMELEC shall hear and try the
case summarily, after due notice and hearing, and its decision shall be final and
executory after the lapse of three (3) days after the receipt of the respondent of the said
decision.
SECTION 8: Effect of Petition if Unresolved Before Completion of Canvass. If
the petition, beyond the control of the COMELEC, remains unresolved until the
completion of the canvass the votes casted for the elective official under trial would be
counted. Should he garner the winning number of votes, he may assume office but
without the permanent grant of it upon him or her. If the basis for the petition for
disqualification would be proven then the proclaimed candidate shall forfeit the right to
assume the office.
SECTION 9: Rules and Regulation. The COMELEC shall promulgate the
necessary rules and regulations for the implementation of the provisions of this Act
within forty (40) days after the effectivity of this Act.
SECTION 10: 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 is hereby repealed, modified, or
amended accordingly.
SECTION 11: Separability Clause. If any provision or part hereof, is held
invalid or unconstitutional, the remainder of the Act or the provision not otherwise
affected shall remain valid and subsisting.
SECTION 12: Effectivity Clause. This act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.
Approved,