HB 319 – An Act Prohibiting Elective Officials from Resigning His Elective Office to Accept an Appointment to Any Government Office (Explanatory Note)

FOURTEENTH CONGRESS )
REPUBLIC OF THE
PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES
H. B. No. 319

 

Introduced by Representative Lorenzo R. Tañada III

EXPLANATORY NOTE

When a candidate offers himself for selection by the people as their representative to discharge sovereign functions and his offer is accepted by the electorate, a covenant is forged between them which is in the nature of a contract which must be observed by both.

Thus, the elected public official is duty-bound to serve his term, efficiently and with integrity. The severance of the relation occurs only in extraordinary situations where there is a severe breach of the obligations due from each party. Where there is breach of trust and confidence by the elected public official, he may be subject to removal or recall. On the other hand, an elected public official having voluntarily sought the elective post could only resign upon valid grounds like sickness or physical disabilities in the performance of public functions.

There are however certain instances where elective public officials resign in order to accept appointive positions in government. This pernicious practice has not only led to a perversion of the political will, but likewise resulted to inordinate expenses on the part of the government, where a special election is called to fill the vacancy created by the resignation. In instances where the law does not provide for succession to the vacant position and no special election is called, the people are often deprived of the desired political representation.

It is for the purpose of discouraging the pernicious practice of resigning elective positions in order to accept appointive positions in the government that passage of this measure is earnestly sought.

 

LORENZO R. TAÑADA III
Representative,
4th District,
Quezon Province

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