Presentation on theme: "PETITION TO ENACT THE “ANTI-POLITICAL DYNASTY ACT” THROUGH PEOPLE’S INITIATIVE."— Presentation transcript:
PETITION TO ENACT THE “ANTI-POLITICAL DYNASTY ACT” THROUGH PEOPLE’S INITIATIVE
Anti-Political Dynasty Act prohibits, among others, the spouse and relatives within the second degree of consanguinity or affinity of an incumbent elective official, from succeeding or replacing the incumbent, or from running for or holding any elective local office simultaneously with the incumbent within the same municipality/city, legislative district and/or province, and barangays within legislative district. If the incumbent is a national elective official, relatives within the second degree of consanguinity or affinity are likewise prohibited from running for any position in the national level and as mayor, governor or district representative anywhere in the country. SUMMARY ON TOP OF EVERY PAGE
IN RE: PROPOSAL TO ENACT A NATIONAL LEGISLATION ENTITLED “ANTI-POLITICAL DYNASTY ACT” THROUGH PEOPLE’S INITIATIVE, [First Name in the List of Petitioners] AND [Total Number of Petitioners] AS REPRESENTED BY ANG KAPATIRAN PARTY, AND/OR DILAAB FOUNDATION, AND/OR JUANA CHANGE MOVEMENT, AND/OR AKSYONG KABAYANIHAN PARA SA ORGANISADONG PAGBABAGO (ANGKOP), AND/OR KRUSADA KONTRA DYNASTY, AND/OR ST. THOMAS MORE SOCIETY, INC. LAW CENTER, AND/OR PARTIDO LAKAS NG MASA, AND/OR SOLIDARITY MOVEMENT PHILIPPINES, AND/OR MOVEMENT AGAINST DYNASTIES, INC. (MAD), AND/OR MAD-CRUSADE AGAINST DYNASTIES AND CORRUPTION, AND/OR GREEN TEAM PILIPINAS INTERNATIONAL, INC., AND/OR ANTI-POLITICAL DYNASTY MOVEMENT (ANDAYAMO), Petitioners. x-------------------------------------------------x E.M. Case No. ___________ REPUBLIC OF THE PHILIPPINES COMMISSION ON ELECTIONS MANILA
PETITION PETITIONERS, pursuant to Republic Act No. 6735 as implemented by Resolution No. 2300, as amended, unto this Honorable Commission, most respectfully state and aver that: The Petitioners 1.We, the Petitioners, are [total number of signatories] Filipinos, all registered voters of this country who affixed our signatures to this Petition. 2.We represent ______ percent (___%) of _____________, the total number of registered voters in the country, as per Certification issued by the COMELEC’s Election Records and Statistics Department (ERSD). Said Certification is attached herewith as Annex “A”. 3.Every legislative district in the country is represented by at least three percent (3%) of the total number of registered voters therein. 4.We voluntarily affixed our signatures to this Petition proposing to enact a national legislation entitled “Anti-Political Dynasty Act” through People’s Initiative under Republic Act No. 6735, otherwise known as the “Initiative and Referendum Act”. 4.This Petition is premised primarily on the fact that the Philippine Constitution provides that the “State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.” 4.We fully understand the proposition, as well as its rationale, its advantages and disadvantages, its consequences and effects. The full text and content of the Petition were clearly explained to us, in our own dialect or in a language known to us, before we voluntarily affixed our signatures herein.
8.We, the Petitioners, have duly authorized the following organizations as our duly authorized representatives, to represent us, for and in our behalf, to sign any and all pleadings and documents subsequent and as a consequence hereof, and to do or perform any and all acts necessary for this Petition to prosper and succeed, before the Commission on Elections or any proper court or tribunal: a)Ang Kapatiran Party (Alliance for the Common Good), a national political party duly registered and accredited by the Commission on Elections on 8 May 2004, with postal address at Unit 1-7 Cabildo Apartments, 550 Cabildo Street, Intramuros, Manila 1002; email address: firstname.lastname@example.org; mobile phone: (0917) 504 8794 or (0917) 543 3211; landline: (02) 929 0145, represented herein by MR NORMAN V. CABRERA, President, and ATTY RONALD DIME, Legal Counsel; and/or b)Aksyong Kabayanihan Para sa Organisadong Pagbabago (ANGKOP), a duly registered entity with postal address c/o Suite 217-C The Atrium of Makati, Makati Avenue, Makati City; with email address: email@example.com; mobile number: (0919) 999 4578, represented by its Co-Convenor, ATTY. EIRENE JHONE E. AGUILA; and/or c)Dilaab Foundation, a duly registered entity with postal address at St. Jerome Bible Center, Seminario Mayor de San Carlos Compound, Juan Luna Ave., Mabolo, Cebu City; with email address: firstname.lastname@example.org; mobile number: (0917) 324 8388, represented by its Administrator, TERESA A. TEJERO; and/or d)Green Team Pilipinas International, Inc., a duly registered entity with postal office address at Unit 202, Sorosa Building, 2035 F. B. Harrison Street cor. Sen. Gil Puyat Avenue, Pasay City; with email address: email@example.com; mobile number: (0926) 711 3949, represented herein by its Vice President for Programs & Advocacies, MR. ANTONIO D. IGCALINOS, and/or e)Krusada Kontra Dynasty, a movement with postal address at 125 Chateau Verde, Valle Verde I, Pasig City, Metro Manila; with email address: firstname.lastname@example.org; tel. no.: (02) 571 0994, (02) 622 4465; mobile number: (0917) 521 1223, represented herein by its Secretary-General, MR ANGELO DWIGHT L. PENSON; and/or
f)Juana Change Movement, a duly registered movement with postal address at Asuncion St., Makati City; with email address: email@example.com; mobile number: (0917) 810 6145; represented herein by its Lead Convenor, MS. MAE PANER; and/or g)Movement Against Political Dynasties, Inc. (MAD), with office address at Lourdes 1 Building, 101 Panay Avenue, Quezon City, Metro Manila; with email address: firstname.lastname@example.org; mobile number: (0917) 837 4792, represented herein by its Chairman, MR. QUINTIN P. SAN DIEGO; and/or h)MAD-Crusade Against Dynasty and Corruption, a movement with office address at 2nd Floor, Armal Building, C. Urbano Street, Malinao, Pasig City; email address: email@example.com; mobile number: (0916) 617 8560; represented herein by its President, EDGAR T. BACUNGAN; and/or i)Partido Lakas ng Masa, a duly registered entity with postal address at 13 Rigor Street, Brgy. Masagana, Project 4, Quezon City; with email address: firstname.lastname@example.org; mobile number: (0928) 508 0287, represented herein by President, CESAR MELENCIO; and/or j)St. Thomas More Society, Inc. Law Center, located in Magnificat Bldg., Km.75 MacArthur Highway, Sindalan, City of San Fernando, Pampanga; with email address email@example.com; telephone number: (045) 841 4188; mobile number: (0927) 924 7042, represented herein by ATTY. JAMES IMBONG; and/or k)Solidarity Movement Philippines, a duly registered foundation with postal address at SKH Bldg., #3 V. Victorio St. cor. J. Cardinal Sin Street, Brgy. Pleasant Hills, Mandaluyong City 1550; with email address: firstname.lastname@example.org; telephone number: (02) 650 0001 (local 251), represented herein by its founder & President, ATTY. ALEXANDER LACSON; and/or
k)2 l)Anti-Political Dynasty Movement (ANDAYAMO), a movement with postal address at Lot 23 Blk 12, Indiana Drive, Palos Verdes, Antipolo City 1870; with email address: email@example.com; mobile number: (0917) 520 5292, represented herein by its Co-Convenor, ENRIQUE BULAN. 9.We file this Petition in our own behalf with the assistance of our above duly-authorized representatives, who will represent us, and to whom the processes of the Honorable Commission may be served at their addresses as indicated above. 10.No public funds have been spent for this Petition. CAUSE OF ACTION 11.This is a Petition proposing to enact a national legislation entitled “Anti-Political Dynasty Act” through People’s Initiative under Republic Act No. 6735, otherwise known as the Initiative and Referendum Act. 12.The Philippine Constitution provides that the “State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.” (Section 26, Article II, 1987 Constitution). 13.The Constitution further 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.” (Section 32, Article VI, 1987 Constitution) 14.The Constitution likewise mandates Congress to “give highest 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.” (Section 1, Article XIIII, 1987 Constitution) 11.O 12.T 13.T 14.T 15.On the basis of the above constitutional provisions, Congress enacted Republic Act No. 6735 (the Initiative and Referendum Act of 1989), upon which the COMELEC issued Resolutions No. 2300 and No. 7796. COMELEC Minute Resolution No. 12-1059 was subsequently promulgated. 16.The full text and content of the proposed “Anti-Political Dynasty Act” is hereunder stated as follows: AN ACT DEFINING & PROHIBITING POLITICAL DYNASTIES, PURSUANT TO SECTION 26, ARTICLE II OF THE 1987 CONSTITUTION, THROUGH THE SOVEREIGN POWER OF THE PEOPLE TO PROPOSE AND ENACT LAWS UNDER REPUBLIC ACT NO. 6735, AND PROVIDING PENALTIES FOR VIOLATION, AND FOR OTHER PURPOSES. Be it enacted by the People of the Philippines: SECTION 1. Short Title – This shall be known as the “Anti-Political Dynasty Act.” SECTION 2. Declaration of Policy, Purpose and Objective. – It is hereby declared the policy of the State to guarantee and provide equal access to opportunities for public office and public service to any qualified Filipino, pursuant to Section 26, Article II of the 1987 Constitution. Towards this end, it is hereby declared the policy of the State to prohibit political dynasties as defined under Section 5 of this Act. SECTION 3. Definition of Terms. – The following terms, as used in this Act, shall mean: a)“Political Dynasty” – shall refer to the concentration, consolidation and/or perpetuation of political powers by persons related to one another within the second degree of consanguinity or affinity. b)“Political Dynasty Relationship” – shall exist when the spouse or any relative within the second degree of consanguinity or affinity of an incumbent elective official, runs for public office to succeed or replace the incumbent, or runs for or holds any elective local office simultaneously with the incumbent within the same province, legislative district and/or city/municipality, and within the same
barangay and barangays within the same legislative district. The relationship also exists if the incumbent is a national elective official, and the spouse or relatives within the second degree of consanguinity or affinity run for any position in the national level or in the local level as mayor, governor or district representative in any part of the country. It shall also be deemed to exist where two (2) or more persons who are spouses, or are related to one another within the second degree of consanguinity or affinity run simultaneously for elective public office at the national level, or at the local level within the same province, legislative district and/or municipality/city, and within the same barangay and/or barangays within the same legislative district, even if neither is so related to an incumbent elective official. a)“ b)T c) “Spouse” – shall refer to the legal as well as the common-law wife or husband of the incumbent elective official d) “Relative Within the Second Degree of Consanguinity” – shall refer to the relatives of a person who may be the latter’s child or parent [1st degree]; grandchild, grandparent, brother or sister [2nd degree], whether of full or half-blood, whether legitimate, illegitimate or adopted, including their spouses. e) “Relative Within the Second Degree of Affinity” – shall refer to the relatives of a person’s spouse who may be the latter’s parent [1st degree]; grandparent, brother or sister [2nd degree], whether of full or half-blood, whether legitimate, illegitimate or adopted, including their spouses. f) ”Term Limits” – shall mean the maximum term limits for elected public officials as provided for in the Constitution. g) “Running for an Elective Office” – shall be deemed to commence, for the purposes of this Act, upon the filing of the Certificate of Candidacy by a candidate with the Commission on Elections (COMELEC). h) “Holding an Elective Office” – shall be deemed to commence the moment the public official takes his oath of office and assumes his position. SECTION 4. Applicability. – This Act shall govern and be applicable to the next elections and all subsequent elections thereafter. In the case of incumbent elected officials who have political dynasty relationship with one another at the national level and/or local level, they shall be allowed to run in all subsequent elections until they reach their respective term limits as provided for in the Constitution.
SECTION 5. Prohibited Candidates; Scenarios Covered. – Any person with political dynasty relationship, as defined in Section 3 above, with any incumbent elective official, shall not be allowed to run for or hold public office in the following manner: a) to succeed or replace the said incumbent, or b) If the incumbent is an elective barangay official, the spouse and the above relatives are prohibited to run simultaneously for any position in the same barangay as well as in all the barangays in municipalities/cities within the same legislative district. c) If the incumbent is an elective official of the municipality/city, legislative district and/or province, the spouse and above relatives are prohibited to run for or hold any elective local office simultaneously with the incumbent within the same municipality/city, legislative district and/or province. d) If the incumbent is a national elective official, the spouse and the above relatives are likewise prohibited to run simultaneously for any position in the national level or in the local level as mayor, governor or district representative in any part of the country. However, the spouse and said relatives may run for vice governor, vice mayor, or any legislative councils at the provincial, city or municipal level. e) If the incumbent is a governor or district representative, the spouse and the above relatives are also prohibited to run simultaneously for any position in the national level. Persons who are not holding any public office shall likewise be prohibited from running in the same election if their election will result in a political dynasty relationship. Provided, however, that if the same elective position is involved, the bona fide certificate of candidacy that was filed first will be recognized. SECTION 6. Petition for Disqualification. – Any citizen of voting age, candidate, or duly-registered political party, organization, or coalition of political parties, may file with the COMELEC, after the last day of filing of certificate of candidacy and before proclamation, a verified Petition to Disqualify a candidate on grounds provided for in Section 5 of this Act.
SECTION 7. Summary Proceedings. - The petition shall be heard and decided summarily by the COMELEC, after due notice and hearing, and the decision shall be executed after the lapse of five (5) days from receipt thereof by the losing party. SECTION 8. Effect of Violation of Prohibition. - The COMELEC shall, motu proprio or upon a verified petition of any interested party, deny due course to any Certificate of Candidacy filed in violation of this Act. SECTION 9. Effect if Petition is Unresolved Before Completion of Canvass. - If the Petition for Disqualification has not been resolved before the completion of canvass, the votes cast for the respondent shall be included in the counting and canvassing: However, if the basis for disqualification is strong, the proclamation shall be suspended even if the respondent is leading in the canvassing of votes. If the candidate has been proclaimed, his or her political dynasty relationship shall be ground for disqualification in an appropriate quo warranto proceeding. SECTION 10. Rules and Regulation. - The COMELEC shall promulgate all the rules and regulations necessary for the full implementation of this Act. SECTION 11. Repealing Clause. - Any law, presidential decree or issuance, executive order, or part thereof, contrary to, or inconsistent with, the provisions of this Act is hereby repealed, modified or amended accordingly. SECTION 12. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional, the remainder of the Act shall remain valid and subsisting. SECTION 13. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation and registration with the University of the Philippines’ Law Center. Approved,
17.A Constitutional or State Policy is a direct mandate from the people. It is an expression of the sovereign will of our people. It is a direct instruction from the sovereign or the people who ratified the Constitution. As such, it should not be taken lightly 18.However, the State Policy on the prohibition against political dynasties under Section 26, Article II continues to be disregarded by the members of Congress, despite the fact that the 1987 Constitution was overwhelmingly ratified by the Filipino people. For the past 26 long years, the phrase “as maybe defined by law” has been continuously invoked and used as a legal shield or legal excuse to frustrate and nullify the sovereign will of our people. 19.But in this present Petition, the Filipino people are directly exercising their sovereign power to propose and enact a law that defines and prohibits political dynasties. 20.The herein proposition embraces only one subject, which is the enactment of the Anti-Political Dynasty Act. 21.The herein proposition is not one of the exceptions under Republic Act No. 6735.
PRAYER WHEREFORE, premises considered, it is most respectfully prayed that this Honorable Commission, after due consideration and verification, issue an Order: 1.Finding the Petition to be sufficient in form and substance pursuant to the pertinent provisions of 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 newspapers of general and local circulation; and 3.Calling a Plebiscite on a date set by the Commission, to be conducted under its 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 to express their sovereign will on the proposition. WHEREFORE, petitioners pray for such other reliefs deemed just and equitable in the premises. MANILA, PHILIPPINES, __________________.
NAME OF VOTERS/ PETITIONERS (Last Name, First Name, Middle Name) SIGNATURE ADDRESS (House No., Street & Barangay) DATE OF BIRTH (mm-dd-yyyy) 1 2 3 4 5 6 7 8 9 10 By affixing our signatures, we voters/petitioners, hereby authorize Ang Kapatiran Party, and/or Dilaab Foundation, and/or Juana Change Movement, and/or Aksyong Kapayanihan Para sa Organisadong Pagbabago (ANGKOP), and/or Krusada Kontra Dynasty, and/or Movement Against Political Dynasties, Inc. (MAD), and/or Partido Lakas ng Masa, and/or Solidarity Movement Philippines, and/or St. Thomas More Society, Inc. Law Center, and/or MAD-Crusade Against Dynasty and Corruption, and/or Green Team Pilipinas International Inc., among others, to represent us to file the Petition, sign all pleadings/documents including the verification and certification against forum shopping, and to represent us before Comelec and/or other appropriate government agencies and/or courts of law. Municipality/City:Legislative District:Province: