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

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

 

HOUSE OF REPRESENTATIVES
House Bill No. 319

 

Introduced by Representative Lorenzo R. Tañada III

 

AN ACT
PROHIBITING AN ELECTIVE PUBLIC OFFICIAL FROM RESIGNING HIS ELECTIVE OFFICE TO ACCEPT AN APPOINTMENT TO ANY GOVERNMENT OFFICE AND PROVIDING PENALTIES THEREFOR


Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:


SECTION 1. Declaration of Policy. – It is the declared policy of the state to maintain, inviolate and preserve the integrity of the covenant between the electorate and an elective official for the latter to serve the term for which he was elected except when removed involuntarily for valid causes recognized under the law. For this reason, the resignation by a duly elective public official of his elective post is declared to be both against the law and public policy.

SECTION 2. Definition of Terms. – For purposes of this Act, the following terms shall mean:

a) Elective public official shall refer to any official or officer of the national government, region, province, municipality or city who was elected to any position in an election called for the purpose, the term of office being prescribed by the Constitution or statutes.

b) Government position refers to any position in any of the various units of the government, including a department, a bureau, office, instrumentality, or government-owned or controlled corporation, or a local government or a district unit thereof. It also includes any position in the legislative and/or Judicial Branch of the Government, the Constitutional Commissions, state universities and colleges and offices created under the Constitution.

Positions in an acquired asset corporation are likewise considered as government purposes of this Act.

c) A government-owned or controlled corporation is a stock or non-stock corporation, which is directly chartered by special law or, if otherwise formed, is owned or controlled by the government directly or indirectly through a parent corporation or subsidiary corporation, or by being, or through the representation by, at least the majority of its voting members, in the case of a non-stock corporation.

d) An acquired asset corporation is a corporation which is:

(1) Under private ownership, at least the majority of whose outstanding capital stock has been –

a) conveyed to the government or any of its agencies or instrumentalities, including government-owned or controlled corporations, in satisfaction of debts whether by foreclosure or otherwise; or

bb) duly acquired by the government through final judgment in sequestration proceeding.

(2) A subsidiary of a government-owned or controlled corporation formed exclusively to own and manage, or lease, or operate specific physical assets acquired by a government financial institution in satisfaction of debts incurred therewith; which under (1) or (2), by law or policy, is required to be disposed to private ownership within a specified period of time.

SECTION 3. Disqualification. – An elective public official who resigns his elective office shall be disqualified from being appointed to any government position during the unexpired term of the office he resigned.

SECTION 4. Penalties. – Any person, whether the appointing authority or the appointed, found guilty of violating this Act shall be penalized with the penalty of perpetual absolute disqualification as defined in Article 30 of the Revised Penal Code.

SECTION 5. Implementing Rules. – The Civil Service Commission shall issue the necessary rules and regulations for the proper implementation of this Act.

SECTION 6. Repealing Clause. – All laws, decrees, executive orders, rules and regulations or parts thereof, inconsistent with the provisions of this Act are hereby repealed.

SECTION 7. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) national newspapers of general circulation.

Approved,

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