A PEOPLE’S INITIATIVE TO END POLITICAL DYNASTIES: CAUSE OF ACTION

A PEOPLE’S INITIATIVE TO END POLITICAL DYNASTIES: CAUSE OF ACTION

CAUSE OF ACTION • The Constitution • Political Dynasties • People’s Initiative • 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 • 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: • Contents or text of the proposed law sought to be enacted; • The proposition; • The reasons therefor; • That it is not one of the exemptions provided herein; • Signatures of the petitioners or registered voters; • A formal designation of their duly authorized representatives; • 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 Comelec Minute Resolution No. 12-1059 Prescribed Form

Let us support this initiative for GOD and for country.

A PEOPLE’S INITIATIVE TO END POLITICAL DYNASTIES: CAUSE OF ACTION