Professional Documents
Culture Documents
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.
Petitioners.
x---------------------------------------------------------x
PETITION
No. 2300, as amended, unto this Honorable Commission on Elections, most respectfully
1
Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.
The Petitioners
1. We, the Petitioners, are [total number of signatories] Filipinos and all registered
voters of this country who affixed our signatures to this Petition which, per
2. We affixed our signatures to the herein Petition proposing to enact the herein
a. The Constitution provides that the “State shall guarantee equal access to
defined by law.”
c. Many have called for the Congress to pass an anti-dynasty law, but the needed
4. We fully understand the proposition, discussed its rationale, its advantages and
disadvantages, as well as its consequences and effects as we have read the full
2
Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.
texts or contents therein which were likewise clearly explained to us in our own
5. Petitioners have duly authorized Ang Kapatiran Party (Alliance for the
Elections on 8 May 2004, with postal address at Unit 1-7 Cabildo Apartments,
Cabrera and/or its duly authorized representatives, to represent us, for and in our
consequence hereof and to do or perform any and all acts necessary for this
6. We file this Petition in our own behalves with the assistance of our duly
authorized representative.
7. Our duly authorized representative will represent us and the processes of the
3
Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.
Cause of Action
Political Dynasty Act as provided for under Section 26, Article II of the
Constitution, and via Initiative on National Statute under Republic Act No. 6735
10. It is the policy of the State, enunciated in Article II, Section 26 of the 1987
to the enactment of measures that protect and enhance the right of all the people
inequities by equitably diffusing wealth and political power for the common
good.” Article VI, Section 32 of the Constitution provides that “Congress shall,
as early as possible, provide for a system of initiative and referendum and the
exceptions therefrom, whereby the people can directly propose and enact laws
or approve or reject any act or law or part thereof passed by the Congress or local
legislative body after the registration of a petition therefor signed by at least ten
per centum of the total number of registered voters, of which every legislative
district must be represented by at least three per centum of the registered voters
thereof.” This constitutional provision became the foundation for the enactment
of Republic Act No. 6735 or the Initiative and Referendum Act of 1989, upon
which Commission on Elections Resolution No. 2300 and No. 7796, and Minute
4
Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.
AN ACT
IMPLEMENTING THE STATE POLICY OF
PROHIBITING POLITICAL DYNASTIES
AS MAY BE DEFINED BY LAW
UNDER ARTICLE II, SECTION 26 OF THE 1987 CONSTITUTION,
THROUGH THE SOVEREIGN POWER OF THE PEOPLE TO PROPOSE
AND ENACT LAWS UNDER ARTICLE 6, SECTION 32 THEREOF AND
REPUBLIC ACT NO. 6735, PROVIDE PENALTIES FOR VIOLATION,
AND FOR OTHER PURPOSES
priority to the enactment of measures that protect and enhance the right of all
the people to…reduce social, economic, and political inequalities, and remove
cultural inequities by equitably diffusing wealth and political power for the
common good,” Article VI, Section 32 also provides that “Congress shall, as
early as possible, provide for a system of initiative and referendum and the
exceptions therefrom, whereby the people can directly propose and enact laws
5
Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.
or approve or reject any act or law or part thereof passed by the Congress or
least ten per centum of the total number of registered voters, of which every
registered voters thereof,” which in turn became the foundation for the
Act. As empowered people, we have the duty and right to do what must be
done for the common good and, towards this end, it is the purpose and
holds or runs for an elective office simultaneously with the incumbent elective
official at the national level or at the local level within the same
office immediately after the term of office of the incumbent elective official.
It shall also be deemed to exist where two (2) or more persons who are
6
Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.
public office at the national level, or at the local level within the same
“Spouse” – shall refer to the legal and common-law wife or husband of the
relatives of a person who may be the latter’s child or parent [1st degree],
spouses.
relatives of the person’s spouse who may be the latter’s child or parent [1st
spouses.
said uncle/aunt.
nephew/niece.
“First Cousin” – shall refer to the child of the uncle or aunt of a person or
the child of the uncle or aunt of the person’s spouse, whether of full or half-
7
Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.
spouse.
“Term Limits” – shall mean the maximum term limits for elected public
the next elections and all subsequent elections thereafter. In the case of
incumbent elected officials who have political dynasty relationship with one
elections until they reach their term limit as provided for in the Constitution.
be allowed to run in the same election for or, in any event, allowed to hold any
elective official shall be allowed to run in the same election for or, in any
8
Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.
event, allowed to hold any local elective office in the same municipality/city,
character, the above relatives shall be disqualified from running in the same
election for or, in any event, from holding any local elective office only within
official, but have political dynasty relationship with one another, they shall be
disqualified from running in the same election for or, in any event, from
holding any national elective office or local elective office within the same
one running for the higher or superior elective position. Provided, however,
that if the same higher or superior elective position is involved, the bona fide
application was filed first or it can be established that the time difference in
filing does not exceed twenty-four (24) hours, the COMELEC shall supervise
latter: Provided, however, that this section shall not apply to Punong
9
Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.
decided summarily by the COMELEC, after due notice and hearing, and its
decision shall be executory after the lapse of five (5) days from receipt thereof
motu proprio or upon a verified petition of any interested party, deny due
The COMELEC for the purpose of this section and for the guidance of
municipality/city.
Canvass. - If the petition, for reasons beyond the control of the COMELEC,
cannot be decided before the completion of canvass, the votes cast for the
10
Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.
however, that if the basis for such disqualification is strong, the proclamation
shall be suspended notwithstanding the fact that the respondent received the
In the event a candidate under this Act shall have been proclaimed and has
assumed office, his or her political dynasty relationship shall be ground for
SECTION 10. Penalties for Violation. – Any person who shall be found
candidacy or shall in any event occupy any elective office through an election
from three (3) years to six (6) years and perpetual disqualification from
the rules and regulations for the implementation of the provisions of this Act.
11
Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.
held invalid or unconstitutional, the remainder of the Act or the provision not
SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general circulation.
Approved,
proliferate in the Philippine political arena. Many political analysts have pointed
that such oligarchy is a major cause of all the corruption in government. While
the public have clamored for Congress to pass a Political Dynasty Law and many
bills have been introduced in Congress each year since 1987, none of the bills
have been enacted into law. The proposed national legislation embodied in this
Petition seeks to address once and for all the absence of a law implementing the
people, petitioners have the duty and right to do what must be done for the
common good and, towards this end, it is the purpose and objective of this
12
Petitioners approve of this Petition for the enactment of the Prohibition of Political
Dynasty Act herein embodied via Initiative under Republic Act No. 6735. Section 26,
Article II of the 1987 Constitution states: "The State shall guarantee equal access to
opportunities for public service, and prohibit political dynasties as may be defined by
law." Despite this provision, political dynasties - a root problem of corruption in
government – exist in Philippine political arena. Many have called for the Congress to
pass an anti-dynasty law, but the needed bill has been ignored by each Congress since
1987.
13. The herein proposition embraces only one subject, which is the enactment of the
14. The herein proposition is not one of the exceptions under Republic Act No. 6735.
PRAYER
Order:
Republic Act No. 6735 and the implementing resolutions of this Commission;
2. Directing the publication of the Petition in Filipino and English at least twice in
control and supervision, not earlier than forty-five (45) days but not later than ninety (90)
days after its Certification on the sufficiency of the Petition, to allow the Filipino people /
Petitioners pray for such other reliefs deemed just and equitable in the premises.
13