Sovereign Exoneration (English)

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Manila

Fourteenth Congress
First Regular Session

HOUSE BILL NO. _______

________________________________________________________________________

Introduced by Honorable Eduardo Nonato N. Joson
________________________________________________________________________


AN ACT DISMISSING ALL CHARGES OR INFORMATION ALLEGING POLITICAL CRIMES OR OFFENSES IN CASES OF ELECTION TO A NATIONAL OFFICE, AND FOR OTHER PURPOSES

SECTION 1.Title - This act shall be known as “THE SOVEREIGN EXONERATION LAW”.

SECTION 2. Definition of terms:

a. Charges or information – refer to docketed cases filed against any person pending before any court of law, administrative agency or military body or tribunal.
b. Political crimes or offenses – refer to the crimes of rebellion, coup d’etat, sedition and disloyalty as defined and penalized in the Revised Penal Code (RPC), Articles 134 to 142 which are crimes against public order, directed against the existence of the State, the authority of the Government and general public tranquility.
c. Election – the assumption into office of any duly-proclaimed winner in a national election called for the purpose.
d. National office – refers to the Congress of the Republic of the Philippines, the Office of the Vice-president and Office of the President.
e. Sovereign Exoneration – refers to the power of the sovereign through the elections to dismiss all charges or information against any person accused of committing a political crime or offense.

SECTION 3. Sovereign Exoneration: All charges or information filed against any person for the commission of any political crime or offense shall be dismissed upon the election of such person to a national office as defined herein.

SECTION 4. Implementing Rules and Regulations – The Department of Justice (DOJ) shall promulgate the rules and regulations for the effective implementation of this Act within sixty (60) days from approval hereof.

SECTION 5. Separability Clause – If any part, section or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in full force and effect.

SECTION 6. Repealing Clause – All laws, decrees, orders, rules and regulations or other issuances inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

SECTION 7. Effectivity – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved.





































Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Manila

Fourteenth Congress
First Regular Session

HOUSE BILL NO. _______

_____________________________________________________________________

Introduced by Honorable Eduardo Nonato N. Joson
_____________________________________________________________________

EXPLANATORY NOTE

The State recognizes that sovereignty resides in the Filipino people and all government authority emanates from them (Article II, Section 1 of the Philippine Constitution).

This bill seeks the exoneration and/or dismissal of filed charges or cases against a person for the commission of political offenses or crimes against public order, upon their election to public office. As provided in our Constitution, sovereignty resides in the people. Hence, the election of a candidate into a public office, despite the pendency of a charge for a political offense, denotes the people’s will that such charges against the public officer be dismissed. The public’s action is tantamount to a pardon or condonation of the candidate’s political offense(s) or crime(s) against public order. The dismissal of the charges is also in consonance with the investiture of authority by the people themselves thru the ballot. It is only logical that the right and duty to serve the people follows.

Crimes against public order, like rebellion, coup d’etat, sedition and disloyalty are in an altogether different category from common offenses like murder, which is directed against the lives of individuals. The different standard accorded to the first category of crimes against public order is due to the political purpose which impels every rebellious act.

Hence, approval of this bill is earnestly sought.


EDUARDO NONATO N. JOSON