A PEOPLE’S INITIATIVE

TO END
POLITICAL DYNASTIES:
CAUSE OF ACTION
CAUSE OF ACTION

o The Constitution

o Political Dynasties

o People’s Initiative

o The CBCP Statement

of 28 January 2013
 CAUSE OF ACTION
The Constitution

• 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."
• Section 1, Article XIII of the 1987 Constitution 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.”
 CAUSE OF ACTION
The Political Dynasties

• Despite the cited provisions, political dynasties have been a present staple
in Philippine political arena.

• Many have pointed that such oligarchy is the root problem of all the corruption in
government.

• Many have called for the Congress to pass the Anti-Dynasty Law, but the needed
bill has been passed over by each Congress since 1987.
 CAUSE OF ACTION
The Political Dynasties

POLITICAL DYNASTY DEFINED

• "dynasty > noun (pl. -ies) a line of hereditary rulers of a country: i.e. Tang
dynasty; a succession of people from the same family who play a prominent role
in politics, business, etc. " - The New Oxford Dictionary of English (2001)

• “a situation resulting in the concentration,

consolidation or perpetuation of political
power by persons related to one another by
holding public office” – Sen. Sergio Osmeña
III, SB No 412, 2004

• “the exercise and control of political power

and authority by two or more members of the
same family in a political unit that deprives
deserving and qualified citizens of that
political unit of the opportunity to be elected
to public office and serve the constituents
thereof and which the Constitution prohibits”
– Sen. Alfredo Lim, SB. No. 1317, 2004
 CAUSE OF ACTION
The Political Dynasties

o THE CONNECTION BETWEEN ECONOMIC POWER & POLITICAL POWER

• The Philippine political system is structured around patronage and what academics
call rent-seeking, or the use of privileges from the state to benefit private and
family business.

• These families are able to control and influence

the courts, Congress, and Malacañang, and control
the most profitable parts of our economy.

• The existence of political clans and dynasties

encourages patronage, corruption, violence and
fraud at the national and local level.
• Using their authority, they enact favorable and
protective legislation for their family-owned
businesses; corner government loans, franchises and
licenses and government contracts; assure low tax
assessments, and other privileges.

• When family, not ideology or principle becomes the

norm in politics and public service, corruption will
flourish.
 CAUSE OF ACTION
The Political Dynasties

The relationship between political dynasties

and the current mainstream political parties

• Political parties are a convenient but temporary alliances of political dynasties

or political clans. The basis of their alliances are not because of principles or
party platforms, but may be based on marriage, business connections, or
political accommodation, etc.

• If a coalition or alliance is grounded more on personality than a common cause

to advance what is right and what is moral, on immoral compromises to win at
all cost than the primacy of principles, then it is not a coalition or alliance; it is
merely a conspiracy to seize power.

Coalition
 CAUSE OF ACTION
The Political Dynasties

The impact of political dynastic rule on Philippine national development

• Political dynasties distort governance, and make a sham of democratic

governance. Public office becomes an exclusive family franchise, a provider of
more benefits to family interests.

• Philippine politics–the way it is practiced–has been most hurtful of us as a

people. It is possibly the biggest bane in our life as a nation and the most
pernicious obstacle to our achieving of full human development. – CBCP Pastoral
Exhortation on Philippine Politics, 1997
 CAUSE OF ACTION
The People’s Initiative

• the power of the people to propose amendments to the Constitution or to propose

and enact legislations through an election called for the purpose

• Article VI, Section 32 of the 1987 Constitution states: The 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.

• R. A. 6735 or the Initiative and Referendum Act

• COMELEC Resolution No. 2300 and Minute Resolution No. 12-1059

 CAUSE OF ACTION
The People’s Initiative

R.A. 6735: Initiative and Referendum Act

• There are three (3) systems of initiative; Initiative on statutes which refers to a
petition proposing to enact a national legislation (Section 3(a.2))

• Sec. 5. Requirements. — (a) To exercise the power of initiative or referendum, at

least 10% of the total number of the registered voters, of which every legislative
district is represented by at least 3% of the registered voters thereof, shall sign a
petition for the purpose and register the same with the Commission.

• "Petition" is the written instrument containing the proposition and the required
number of signatories. (Section 3(f))

• "Proposition" is the measure proposed by the voters. (Section 3(d))

• Sec. 7. Verification of Signatures. — The Election Registrar shall verify the signatures
on the basis of the registry list of voters, voters' affidavits and voters identification
cards used in the immediately preceding election.

• "Referendum" is the power of the electorate to approve or reject a legislation

through an election called for the purpose. (Section 3(c))
 CAUSE OF ACTION
The People’s Initiative

R.A. 6735: Initiative and Referendum Act

• Sec. 8. Conduct and Date of Initiative or Referendum. — The Commission shall call
and supervise the conduct of initiative or referendum. Within a period of 30 days from
receipt of the petition, the Commission shall, upon determining the sufficiency of the
petition, publish the same in Filipino and English at least twice in newspapers of
general and local circulation and set the date of the initiative or referendum which
shall not be earlier than 45 days but not later than 90 days from the determination by
the Commission of the sufficiency of the petition.
• Sec. 9. Effectivity of Initiative or Referendum Proposition. — (a) The Proposition of
the enactment…of a national law shall be submitted to and approved by a majority of
the votes cast by all the registered voters of the Philippines. If, as certified to by the
Commission, the proposition is approved by a majority of the votes cast, the national
law proposed for enactment…shall become effective 15 days following completion of
its publication in the Official Gazette or in a newspaper of general circulation in the
Philippines.

• Sec. 10. Prohibited Measures. — (a) No petition embracing more than one (1) subject
shall be submitted to the electorate
 CAUSE OF ACTION
The People’s Initiative

R.A. 6735: Initiative and Referendum Act

• Sec. 12. Appeal. — The decision of the Commission on the findings of the sufficiency
or insufficiency of the petition for initiative or referendum may be appealed to the
Supreme Court within thirty (30) days from notice thereof.
• Sec. 21. Appropriations. — The amount necessary to defray the cost of the initial
implementation of this Act shall be charged against the Contingent Fund in the
General Appropriations Act of the current year. Thereafter, such sums as may be
necessary for the full implementation of this Act shall be included in the annual
General Appropriations Act.

• Sec. 20. Rules and Regulations. — The Commission is hereby empowered to

promulgate such rules and regulations as may be necessary to carry out the purposes
of this Act.
 CAUSE OF ACTION
The People’s Initiative

Comelec Resolution No. 2300

Rules and regulations governing the conduct of initiative

• Art. I, Sec. 8. Contents of petition. – A petition for initiative or referendum shall

state the following:
a) Contents or text of the proposed law sought to be enacted;
b) The proposition;
c) The reasons therefor;
d) That it is not one of the exemptions provided herein;
e) Signatures of the petitioners or registered voters;
f) A formal designation of their duly authorized representatives;
g) An abstract or summary proposition in not more than one hundred (100) words
which shall be legibly written or printed at the top of every page of the
petition.

• Art. III, Sec. 26. Registration of petition. – Proponents for the…enactment…of a

national law shall register with the Commission through the Law Department their
petition containing the signatures of registered voters duly verified with the Election
Registrar...
 CAUSE OF ACTION
The People’s Initiative

Comelec Resolution No. 2300

Rules and regulations governing the conduct of initiative

• Art. III, Sec. 28. Certification on the number of registered voters. – At the
instance of the proponents, the Election Records and Statistics Department shall
issue a certification on the total number of registered voters in each legislative
district…

• Art III, Sec. 29. Signature stations. – Signature stations may be established by the
proponents with the assistance of the Election Registrar in as many places in the
municipality/city as may be warranted.

• Art. III, Sec. 30. Verification of signatures. – The Election Registrar shall verify the
signatures on the basis of the registry list of voters, voters’ affidavits and voter
identification cards used in the immediately preceding election.

Verification of signatures may be done during or after the signature gathering process. The Election Officer
concerned shall give notice of the verification dates by posting notices in at least two (2) places in the
city/municipality at least one week before the start of verification.

The Election Officer shall exert all efforts to verify the signatures submitted in the most expeditious and
efficient manner and shall refrain from any unnecessary delay. – Resolution No. 7796. Sec. 6. Verification
of Signatures
 CAUSE OF ACTION
The People’s Initiative

Comelec Resolution No. 2300

Rules and regulations governing the conduct of initiative

After the Election Officer has verified the signatures submitted to it by the proponents, the Election
Officer shall issue a certification of verification in five (5) copies…After issuance of said certification,
custody of the signature sheets and the copies of the petition to which they are attached and two (2)
originals of the certification shall be turned over to the Proponent/s thru its authorized representative.
The Election Officer shall retain one original in his office for record purposes and the two other original
copies shall be transmitted to the Office of the Provincial Election Supervisor for their file copy and for
transmittal to the Law Department, Commission on Elections, Manila. – Resolution No. 7796. Sec. 6.
Verification of Signatures

• Art. III, Sec. 31. Determination by the Commission. – The commission shall act on
the findings of the sufficiency or insufficiency of the petition for initiative or
referendum.

• If it should appear that the required number of signatures has not been obtained,
the petition shall be deemed defeated and the Commission shall issue a declaration
to that effect.

• If it is satisfied that the required number of signatures has been obtained, the
Commission shall set the initiative or referendum in accordance with the succeeding
sections.
 CAUSE OF ACTION
The People’s Initiative

Comelec Resolution No. 2300

Rules and regulations governing the conduct of initiative

• Art. III, Sec. 33. Publication of proposition. – Within thirty (30) days from receipt
of the petition containing the required number of signatures, the Commission shall
publish the petition in Filipino and English at least twice in newspapers of general
and local circulation.

• Art. III, Sec. 34. Call and supervision of initiative or referendum. – The
Commission shall set the date of the initiative or referendum not earlier than forty-
five (45) days but not later than ninety (90) days from its determination of the
sufficiency of the petition, in which the proposition for the enactment, approval,
amendment or rejection of a national law shall be submitted to all registered voters
for their consideration. The Commission shall supervise and control the conduct of
the initiative or referendum called for the purpose.
 CAUSE OF ACTION
The People’s Initiative

Comelec Resolution No. 2300

Rules and regulations governing the conduct of initiative

• SEC 35. Effectivity of initiative or referendum proposition. – a) If, as certified to

by the Commission, the proposition is approved by a majority of the votes cast, the
national law proposed for enactment, approval, or amendment shall become
effective fifteen (15) days following completion of its publication in the Official
Gazette or in a newspaper of general circulation in the Philippines.

b) If, as certified by the Commission, the proposition to reject a national law is

approved by a majority of the votes cast, the said national law shall be deemed
repealed and the repeal shall become effective fifteen (15) days following
completion of its publication of the proposition and the certification by the
Commission in the Official Gazette or in a newspaper of general circulation in the
Philippines.

c) If the majority vote is not obtained, the national law sought to be rejected or
amended shall remain in full force and effect.
 CAUSE OF ACTION
The People’s Initiative

Comelec Minute
Resolution No.
12-1059
Prescribed Form
 CAUSE OF ACTION
The People’s Initiative

Comelec Minute
Resolution No.
12-1059
Prescribed Form
 CAUSE OF ACTION

Comelec Minute
Resolution No.
12-1059
Prescribed Form
 CAUSE OF ACTION
The People’s Initiative

Comelec Minute
Resolution No.
12-1059
Prescribed Form
 CAUSE OF ACTION
The People’s Initiative

Comelec Minute
Resolution No.
12-1059
Prescribed Form
 CAUSE OF ACTION

Comelec Minute
Resolution No.
12-1059
Prescribed Form
 CAUSE OF ACTION

Comelec Minute
Resolution No.
12-1059
Prescribed Form
 CAUSE OF ACTION
The People’s Initiative

Comelec Minute
Resolution No.
12-1059
Prescribed Form
 CAUSE OF ACTION

Comelec Minute
Resolution No.
12-1059
Prescribed Form
Let us support this initiative
for GOD and
for country.