Election Reform Initiative
By Atty. Marlowe Camello

The PEOPLE’S INITIATIVE
“TO REFORM THE ELECTION OF CANDIDATES
TO THE POLITICAL POSITIONS
IN THE PHILIPPINE GOVERNMENT
AND FOR OTHER PURPOSES ACT”
Drafted/Up-dated As of 2/19/2010

P R E A M B L E

ONE: WHEREAS, Government Service has become a family owned business monopoly by wealthy politicians in violation of the political anti-dynasty policy in Article II, Section 26, of the Constitution;

TWO: WHEREAS, The Congress of the Philippines has completely ignored to implement the aforesaid constitutional provision thereby causing the worsening the state of government corruption and stagnation of Philippine democracy, national economy, and progress that nurture further disunity of the people,

THREE: WHEREAS, There is an imperative need to determine the majority votes from the entire electorate in electing candidates to their public office in accordance with the majority rule of administering the democratic form of the Philippine government, and

FOUR: WHEREAS, The multiple party election of candidates pauses enormous confusion, offers countless divisiveness among the electorate and candidates, causes unnecessary expenses both on the part of the candidates in their political campaigns and on the part of the government in canvassing electoral votes, as well as in keeping peace and order during elections;

NOW, THEREFORE, the People of the Philippines, by the Grace of their Creator and pursuant to Article VI, Section 32, of the Constitution, and by Republic Act 6735, do hereby enact this Law, as follows:

Section 1. Title- This Act shall be known as the “Reformation and Simplification of the Election of Candidates to Political Positions in the Philippine Government and for Other Purposes Act” and it shall be briefly known as the “Election Reformation Act” or “ERA.”

Section 2. Declaration of Policy- The people hereby declare that a public office is a public trust. No person shall have the right to occupy a public office beyond the limit of the term of his public office established in this law and no public official shall be permitted to file his Certificate of Candidacy for any public office unless he shall have secured a Clearance Certificate of Public Funds and Property Accountability from the Commission on Audit.

Section 3. Limitation of Term of Office- No person shall have the power or right to occupy an elective or political appointive position in the government for more than two (2) consecutive terms and no member of the family of such person within the third civil degree of relationship by blood or by affinity shall have the authority or right to run for, or hold, another public office concurrently, or at the same time, with the said person, or to succeed by election or by appointment to an incumbent elected or politically appointed public official.

Section 4. The Rule of Absolute Majority- No person shall be sworn in an elective position in the government unless his election is approved by more than fifty percent of the majority of the people who voted and who are registered voters in the jurisdiction of the public office he has run for and intends to serve pursuant to the democratic concept in Article II, Section 1 of the constitution. If there are several candidates from different parties vying for the same elective position, they shall be required to comply with the two-party pre-election consolidation rules in Section 16 of this Act.

Section 5. Collateral Prohibition - The person and his relatives referred to in the preceding section shall be prohibited from seeking any other public position by election or by political appointment upon the expiration of the second term of his office.

Section 6. Prohibition of Conspiracy Against Capturing Current position of vacating public official- Conspiracy in putting up the candidacy of a person as a surrogate successor for election or political appointment to the position or title of the vacating person from his public position or office and his relatives referred to in the preceding Section 3 is hereby prohibited and shall render void ab initio the election or political appointment of the successor to his office. The fact that the vacating public official is, or has, actively campaigned by providing monetary or financial support directly or indirectly in the amount of at least one thousand pesos or more in cash or in similar value in the form of campaign services for the candidacy of the surrogate successor to his office or position shall be deemed prima facie evidence of their conspiracy in violation of this section.

Section 7. Prohibition of Conspiracy Against Capturing of a public position different from the current position or title of the vacating public official -

Conspiracy in putting up the candidacy of a person to capture by election or political appointment to a public office, position or title different from the public office, position or title of the person and his relatives referred to in the preceding Section 3 is likewise hereby prohibited and shall render void ab initio the election or political appointment of said person to another public office, position or title. The fact that the vacating public official is, or has, provided active or monetary or financial support directly or indirectly in the amount of at least one thousand pesos or more for the candidacy of a surrogate person to capture a public office different from the public office of the vacating public official shall be deemed prima facie evidence of conspiracy between the vacating public official and the surrogate candidate to another public office in violation of this section.

Section 8. Definition of “Political Appointment” - Every appointment in favor of a person to a public office made by an elected public official outside the protection of the Civil Service Law shall be deemed a political appointment. Such appointment shall automatically expire upon the vacation from public office of the appointing public official.

Section 9. Political Succession Policy -

(a) Any person or public official whose second term of office, or beyond second term, shall have ended immediately after the approval of this Law or his relative referred to in Section 3 of this Act shall be barred from occupying any public office until such time that he shall have gained the necessary qualification to run for public office without violating the provisions of this Act.

(b) No person shall qualify to run for office of the president or occupy the position of a prime minister who shall have previously held any of such positions or titles.

Second 10. Liability of a usurper of a public office -

(a) Any person who shall have obtained a public office or position in violation of this Law shall be declared a Usurper of Public Office, or briefly called a “UPO”, and shall be liable to pay all expenses incurred by the rightful occupant of the office in gaining his public position or title.

(b) Any person who fails or refuses to vacate a public office for which he has been declared a UPO shall be liable of the crime of obstruction of justice and upon conviction of such crime, said person shall suffer the punishment of imprisonment in jail for a period of three years and one day as minimum penalty to five years and one day as maximum penalty plus perpetual disqualification from serving in any public office including any position in any government owned or controlled corporation or entity or any quasi-government corporation or entity.

(c) The criminal case for obstruction of justice against the UPO shall be filed before a trial court in the judicial district that has jurisdiction over the contested public office. If the grand jury and trial jury systems shall be instituted, the matter shall be investigated by the grand jury which shall file an indictment in court upon its finding of a probable cause and forthwith the criminal defendant shall be tried by jury trial.

Section 11. Responsibility of the Commission on Elections- The Commission on Elections shall be charged with the responsibility of implementing this Law. Failure of a member or members of the Commission on Elections or any other official of said Commission to act within thirty days, Saturdays, Sundays and Holidays excluded, from the date this Act becomes executable as required by the Election Code, said member or members of the Commission on Elections or any other official of said Commission shall be liable of the crime of dereliction of electoral duty plus perpetual disqualification from holding any public office. Dereliction of electoral duty is hereby defined as flagrant or intentional neglect of an official or commissioner of the Commission on Election in the performance of his duty under this law and shall be punishable by imprisonment for the period of five to seven years in jail.

Section 12. Applicability of the ERA - This Law shall apply without exception to all elected public officials in all levels of the government, national, autonomous, provincial, city, municipal and barangay governments.

Section 13. Re-election to public office - No person or his close relatives referred to in Section 3 of this Law shall qualify to run, or be extended with a political appointment for any public office until after six years has elapsed from the date he or any of his relative referred to in Section 3 of this Law shall have last vacated his public office or position.

Section 14. Rule for partial succession to elective public office- If a person succeeds to hold office prior to the end of the term of his predecessor who for any reason the latter has not been able to complete to serve his term of office, the successor’s term of office shall be deemed a full term of service if his predecessor has serve less than half of the latter’s term of service for the purpose of determining the eligibility for election of the successor of the vacating public official.

Section 15. Rule for election of a public official to another public office immediately following the end of his first term in his prior public position -

(a) If a public official is elected to another public office following the end of his term in his prior public position, he shall be allowed to hold office for only one term in his new elected public position. Thereafter, he shall be required to wait the lapse of six years before such public official shall be allowed to run again for any public office or position.

(b) No person shall have the right to aspire for an elective office or appointive public position who is laboring under a high suspicion of having committed a crime of murder, rape, robbery, thief, or any heinous crime or economic plunder crime or has a pending criminal or administrative case against him for any reason or such person has been convicted of a crime punishable by one year or more or death regardless of whether he has received the benefit of a parole or executive clemency at the time he files his certificate of candidacy for a public office or at the time an appointment for a public position is extended to him.

(c) If any aspirant to any political or public office is laboring under the disqualification of being highly suspected of having committed a crime of murder, rape, robbery, thief, or any heinous crime or economic plunder crime, he shall file a petition before the Commission on Elections to clear the impediment that becloud his moral fitness to run for public office and such petition shall be published for four (4) consecutive weeks both in two (2) news papers with a general circulation nationally and locally, respectively.

(d) If an opposing petition is filed against the candidacy of the petitioner in the foregoing subsection (c), the approval of his certificate of candidacy shall be held in abeyance until the next election provided that he has been cleared of the impediment that becloud his moral fitness to run for public office by court acquittal of the crime he has been suspected of, or charged with.

(e) Any commissioner or official of the Commission on Elections or judge who, without proper hearing in accordance with the Rules of the Commission on Elections or trial in accordance with the Rules of court, shall approve a certificate of candidacy of a person, or shall acquit him from the crime he is suspected of, or charged with, shall be liable for disbarment or revocation of his license to practice his profession and shall be barred from further holding any elective or appointive public office.

Section 16. Pre-Election Formation of two major political parties of their members and nomination of candidates on election date-

(a) The pre-election campaign period shall be set from January 1 through May 7 of the election year. This period shall be equally divided into two stages. The first stage shall start on January 1 and shall end on March 15. The second stage shall start on March 16 and shall end on May 7. During these two campaign stages, all expenses in the campaign process shall be borne by the private funds of the parties or their candidates and no public funds of any nature shall be used therefor in any manner. Any person who shall use public funds in this political process shall be charged with the crime of malversation of funds as defined in Article 217 of the Revised Penal Code.

(b) The first stage of the pre-election period shall be devoted to the campaigns of political parties for their agenda and programs of government and during such period they shall respectively invite and attract as many followers and members for their respective parties that shall be evidenced by their valid voter registration certificate for membership enlistment. During this period, there shall be as many political parties to campaign for their respective agenda and programs of government as they qualify for formation under Article IX-C, Section 2(5) of the Constitution.

(c) The second stage of the pre-election period shall be devoted to the consolidation of parties for the purpose of forming into two exclusive major political parties whose respective candidates shall compete against each other on the day of election so that there shall be no more than twice the number of candidates that can run for the public office or members of congress or regional autonomous legislature, provincial board, city, municipal or barrangay councils, to be filled by the winning candidate or candidates for said office or members of congress or regional autonomous legislature, provincial board, city, municipal or barrangay councils. This process shall be accomplished in a joint summit convention by all political parties. Any person with any political party who shall boycott the said political convention or who has not participated in the formation of the said major political parties shall have no right to run for public office.

(d) On the sixteenth day of March of the election year, a joint convention by all political parties who have candidates that are aspiring to run for the presidency or for the senate shall determine and choose from among said parties the two major political parties to serve as the exclusive contending parties of their standard bearers in the forthcoming elections. The members of the remaining political parties outside of the two chosen major contending political parties shall thereafter determine which of the said two parties they shall support or affiliate with on election day. Within thirty days from effective date of this Election Reformation Act, the Commission on Elections shall set up the pre-election two political party formation rules to govern the political parties in setting up the two contending final political parties and in the nomination of their respective candidates pursuant to this law.

(e) The names of the two chosen major political parties in the preceding sub-paragraph shall likewise serve as the name of the contending political parties in the lower level for elective public positions all over the country. If an election calls for the election of the president, governor, city or municipal mayor and barangay captain, the nominee for such elective positions shall have the exclusive authority to chose his vice running mate, provided that such running mate is not related by blood or affinity within the third civil degree of relationship with the nominator with whom the electorate shall vote by block for both of the nominator and his running mate.

(g) Upon determining the two contending political parties in the forthcoming election, both of the two qualifying political parties shall file a joint petition before the Commission on Elections requesting that they shall, respectively, be recognized as the exclusive political parties to field their respective candidates for the political positions to be filled in during the said forthcoming election. The petition shall show that they have fully complied respectively with the requirements under this law and that their respective candidates are fully qualified for election to the public positions they are aspiring for election.

(h) No political party other than the two contending political parties referred to in the preceding sub-paragraph (g) shall be permitted to put up any candidate for a political public office in the immediate forthcoming election.

(i) No person shall qualify for candidacy to any public office on election day unless he is a candidate under either of the two consolidated major parties referred to in the preceding sub-paragraph. Once elected, the winning candidate shall be prohibited from changing his political party affiliation and shall remain in the same party until the next election period begins. Any elected public official who shall violate this rule during his incumbency shall be barred from putting up his candidacy, even if he qualifies to run for public office in the next forthcoming election date.

Section 17. Funding- Congress shall promptly appropriate the necessary funds for the implementation of this Law. If for some reason, Congress fails to appropriate the required funds, a roll call vote shall be obtained by Congress among its members to determine who among its members shall refuse to vote to appropriate funds. The members who shall vote “No” to earmarked funds shall not be allowed to run for re-election or for election to another public office. An abstention vote shall be taken as a “No” vote.

Section 18. Gender reference - Any reference as to gender in this law shall be applicable to both genders either man or woman.

Section 19. Numerical reference - Reference in this law as to singular shall likewise mean to apply to the plural.

Section 20. Conflict of Law - Any law or election rule inconsistent with this law shall be deemed amended, modified, or repealed upon the approval of this law.

Section 21. Constitutionality Clause - Should any provision of this law be declared void or unenforceable by the Supreme Court, its remaining provisions shall remain valid and enforceable to achieve the purpose for which this law is enacted.

Section 22. Implementing Authority - The Commission on Elections shall be responsible in the administration and prompt implementation of this law.

Section 23. Effectivity - This law shall take effect upon approval by the people in an election held for that purpose and not later than fifteen days following the first day of its publication in the Government Official Gazette.

Section 24. Approval - This law was approved by the people on ______________ in the year _____________.
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