1(Please click the blue DOWNLOAD or FULL VIEW above)The PEOPLES INITIATIVE

PUBLIC SERVICE REFORMATION ACTAND FOR OTHER PURPOSES

(Authored and Updated by Marlowe Camello, Esq., as of 5/24/2015)For Enactment by Peoples Initiative process under Republic Act 6735)

PREAMBLE

ONE: WHEREAS, Government Service has become a family owned business

monopoly by wealthy public officials and politicians in violation of the political anti-

dynasty policy in Article II, Section 26, of the Constitution;

TWO: WHEREAS, The Congress of the Philippines have completely ignored

to implement the aforesaid constitutional provision thereby causing the worsening

the state of government corruption and stagnation of Philippine democracy, national

economy, and progress that nurture further disunity of the people,

THREE: WHEREAS, There is an imperative need to determine the majority

votes from the entire electorate in electing candidates to their public office in

accordance with the majority rule of administering the democratic form of the

Philippine government,

NOW, THEREFORE, the People of the Philippines, by the Grace of their

Creator and pursuant to Article VI, Section 32, of the Constitution, and by Republic

Act 6735, do hereby enact this Law, by virtue of their sovereign power in

accordance with Article II, Section 1, of the Constitution in limiting the tenure of

office of elective officials that emanates from the People, as follows:

Section 1. Title- This Act shall be known as the Public Service Reformation

Act, and shall be briefly known as PSRA and for Other Purposes.

Section 2. Declaration of Policy- The people hereby declare that a public

office is a public trust. Election, appointment or promotion in the government

service, civil or political or judicial or military, is a privilege and not a right.

2(a) Any candidate for election, appointment or promotion to serve in the

government in any capacity shall be barred to privately practice or engage in his

profession or occupation. Such person shall likewise be barred to enter into a

business or commercial transaction directly or indirectly with the government

regardless of whether the government shall profit from such business or commercial

transaction. If such transaction is made, it shall be void and no treasurer or

paymaster shall have the authority to pay such transaction with government funds.

(b) No person shall have the right to occupy a public office beyond the limit

of the term of his public office established in this law.

(c) No person or public official shall be permitted to file his certificate of

candidacy for election, appointment, or promotion, to any public office unless he

shall have secured and attached to said certificate of candidacy for election, or

appointment, or promotion, papers with the following documents in subparagraphs

(1) and (2), described below, and that the same shall, thereafter, have been

independently published by the Commission on Audit in a newspaper of general

circulation in the territorial jurisdiction of the public office he shall serve when

elected, or appointed, or promoted, no later than thirty (30) days prior to his or her

election or appointment, or promotion.

(1) Document #-1: Declaration of Sincerity And Truthfulness to Serve in the

Government from the Commission on Audit based on his Certification in a form

prescribed by this law and known as the Form DST1.This form shall be durableform and shall not be subject to modification by any interested party, except by law.

Every person who aspires to hold or occupy a public office in the Philippine

government shall secure Form DST1 from the Commission on Elections or ElectionRegistrar or from any field offices of the Commission on Audit or Civil Service

Commission Office with jurisdiction in the area he desires to serve.

(2) Document #-2: Statement of Assets, Liabilities and Net Worth on the

3official form as now prescribed by law for submission by all public officials.

(d) Any person who shall make any untruthful answer in his Declaration of

Sincerity and Truthfulness to Serve in the Government, otherwise known as Form

DST1 in sub-paragraph Section 2(c)(1) above, or in his Statement of Assets,

Liabilities and Networth in sub-paragraph Section 2(c)(2) above shall be criminally

liable for falsification of any of said documents with punishment by imprisonment of

five (5) to seven (7) years in jail with a fine of five hundred thousand pesos

(P500,000.00) and perpetual disqualification from holding any public office or

position including forfeiture of pension, accrued vacation benefits plus court and

administrative expenses in attending to his case upon conviction.

(e) Any incumbent public official or employee who shall violate Section 2(a)

of this law shall be criminally liable for punishment by imprisonment from five (5) to

seven (7) years in jail and a fine of five hundred thousand pesos (P500,000.00) and

perpetual disqualification from holding any public office or position including

forfeiture of pension and accrued vacation benefits plus court and administrative

expenses in attending to his case upon conviction.

(f) The Commission on Elections shall decline the Certificate of Candidacy

if it finds the aspirant for public office from his responses to the questions in Form

DST1 shall be laboring with conflict of interest to serve or that the aspirant shows

incompetency to serve. In the same manner, the Civil Service Commission or

appointing officers in all other agencies, services, or instrumentalities of the

government including, but not limited to, government owned or controlled, or quasi-

government, corporations must decline an appointment or promotion of any

aspirant to hold a public office in their respective jurisdictions who shall be laboring

with conflict of interest to serve or that the aspirant shows incompetency to serve.

Any person who have any money or property accountability or liability to the

government including, but not limited to, or for, failure to pay taxes and unliquidated

advances of money for public projects and for failure to return or surrender the use

of government vehicles and other government property at the end of the term of his

office if previously serving in any government office or agency.

4(g) Any public official, including but not limited to the members or officials of

the Commission on Elections or Commission on Audit or Civil Service Commission

who fails, or neglects, to enforce or observe or who shall discriminate the

enforcement of the provisions of Section 2 of this Act shall be criminally liable for

dereliction of duty as defined in Article 208 of the Revised Penal Code of the

Philippines and perpetual disqualification from further holding any public office

including forfeiture of pension benefits plus court and administrative expenses in

attending to his case upon conviction.

(h) Section 2 of this law shall apply to all branches of the government,

legislative, executive, and judiciary, and/or any government instrumentality, armed

and police services, local and national, including but not limited to government

owned or controlled, or quasi-government corporation, of the Philippines.

Section 3. Limitation of Term of Office- No person shall have the power or

right to occupy an elective or political appointive position in the government for more

than two (2) consecutive terms and no member of the family of such person within

the fourth civil degree of relationship by blood or by affinity shall have the authority

or right to run for, or hold, another public office concurrently, or at the same time,

with the said person, or to succeed by election or by appointment to an incumbent

elected or politically appointed public official.

Section 4. If there are several candidates from different parties vying for the

same position by election, they shall be required to participate with the two-party

pre-election consolidation rules in Section 16 of this Act. No person shall be sworn

in an elective position in the government unless his election is approved by more

than fifty percent of all voters who voted in the election for the candidates to the

public office he intended to serve. In case of a tie vote between two candidates

who have both obtained the highest equal number of votes to the same elective

position, a run-off election shall be conducted between them within 30 days from the

date the tie vote was arrived at to determine the winner between them. No election

protest shall be entertained unless this rule is complied with.

5Section 5. Collateral Prohibition - The person and his relatives within the

fourth civil degree by blood or by marriage referred to in the preceding section shall

be prohibited from seeking any other public position by election or by political

appointment upon the expiration of the second term of his office.

Section 6. Prohibition of Conspiracy Against Capturing Current position of

vacating public official- Conspiracy in putting up the candidacy of a person as a

surrogate successor for election or political appointment to the position or title of the

vacating person from his public position or office and any of his relatives referred

to in the preceding Section 3 is hereby prohibited to run for, and shall render void

ab initio if elected, appointed or promoted, as successor to his office. The fact that

the vacating public official is, or has, actively campaigned by providing monetary or

financial support directly or indirectly in the amount of at least ten thousand pesos

or more in cash or in similar value in the form of campaign services for the

candidacy of the surrogate successor to his office or position shall be deemed prima

facie evidence of their conspiracy in violation of this section.

Section 7. Prohibition of Conspiracy Against Capturing of a public position

different from the current position or title of the vacating public official - Conspiracy

in putting up the candidacy of a person to capture by election or political

appointment to a public office, position or title different from the public office,

position or title of the person and his relatives referred to in the preceding Section

3 is likewise hereby prohibited and shall render void ab initio the election or political

appointment of said person to another public office, position or title. The fact that

the vacating public official is, or has, provided active or monetary or financial

support directly or indirectly in the amount of at least ten thousand pesos or more

for the candidacy of a surrogate person to capture a public office different from the

public office of the vacating public official shall be deemed prima facie evidence of

conspiracy between the vacating public official and the surrogate candidate to

another public office in violation of this section.

Section 8. Definition of Political Appointment- Every appointment in favor

of a person to a public office made by an elected public official outside the

6protection of the Civil Service Law shall be deemed a political appointment. Such

appointment shall automatically expire upon the vacation from public office of the

appointing public official.

Section 9. Political Succession Policy -

(a) Any person or public official whose second term of office, or beyond

second term, shall have ended immediately after the approval of this Law or his

relative referred to in Section 3 of this Act shall be barred from occupying any public

office until such time that he shall have gained the necessary qualification to run for

public office without violating the provisions of this Act.

(b) No person, or relative of such person within the fourth civil degree of

blood or family relationship, shall qualify to run for office of president or to occupy

the position of prime minister who, or who is his relative within said degree of

relationship, shall have previously held any of such position or title regardless of

the length or period of time he, or his said relative, had held such office on a

temporary, permanent or acting capacity.

(c) Candidates for vice president, vice governor, city or municipal vice mayor,

or vice barangay captain, shall be nominated by candidates for president, governor,

city or municipal mayor, or barangay captain, as his running mate provided that they

are not relatives by blood or by affinity within the fourth civil degree of relationship

and they shall be voted in office by block by the electorate.

Second 10. Liability of a usurper of a public office -

(a) Any person who shall have obtained a public office or position in violation

of this Law shall be declared a Usurper of Public Office, or briefly called a UPO,

and shall be liable to pay all expenses incurred by the rightful occupant of the office

in gaining his public position or title.

(b) Any person who fails or refuses to vacate a public office for which he has

7been declared a UPO shall be liable of the crime of obstruction of justice and upon

conviction of such crime, said person shall suffer the punishment of imprisonment

in jail for a period of five (5) years and one day as minimum penalty to seven (7)

years and one day as maximum penalty plus perpetual disqualification from serving

in any public office including any position in any government owned or controlled

corporation or entity or any quasi-government corporation or entity.

(c) The criminal case for obstruction of justice against the UPO shall be filed

before a trial court in the judicial district that has jurisdiction over the contested

public office. If trial by jury has been adopted by then, the matter shall be heard and

tried before a trial jury.

Section 11. Election to another public position - Any incumbent public official

may aspire to run for another public office other than the office he is currently

holding shall be governed by the rules under Section 15(a) of this Act.

Section 12. Applicability of the PSRA - This Law shall apply without exception

to all elected public officials in all levels of the government, national, autonomous,

provincial, city, municipal and barangay governments.

Section 13. Re-election to public office - No person or his close relatives

referred to in Section 3 of this Law shall qualify to run, or be extended with a

political appointment for any public office until after six years has elapsed from the

date he or any of his relative referred to in Section 3 of this Law shall have last

vacated his public office or position.

Section 14. Rule for partial succession to elective public office- If a person

succeeds to hold office prior to the end of the term of his predecessor who for any

reason the latter has not been able to complete to serve his term of office, the

successors term of office shall be deemed a full term of service if his predecessor

has serve less than half of the latters term of service for the purpose of determining

the eligibility for election of the successor of the vacating public official.

8Section 15. Rule for election of a public official to another public office

immediately following the end of his first term in his prior public position -

(a) If a public official is elected to another public office following the end of his

term in his prior public position, he shall be allowed to hold office for only one term

in his new elected public position. Thereafter, he shall be required to wait for the

lapse of six years before such public official shall be allowed to run again for any

public office or position.

(b) No person shall have the right to hold an elective public position or for

appointment or promotion to a public position who is accused in court, or who is

facing a criminal investigation for having allegedly committed a crime of murder,

rape, robbery, thief, or any heinous crime or economic plunder, or has a pending

criminal or administrative case against him for any reason or such person has been

convicted of a crime punishable by one year or more or death, except for an

accusation of criminal libel, regardless of whether he has received, or not, the

benefit of a parole or executive clemency from the President at the time he files his

certificate of candidacy for a public office or at the time an appointment or promotion

for a public position is extended to him.

(c) If any aspirant to any political or public office is laboring under the

disqualification of being suspected of having committed a crime of murder, rape,

robbery, thief, or any heinous crime or economic plunder, or money laundering, or

who has a pending money, tax, or property accountability or liability with the

government, he shall file a petition before a regional trial court to clear the

impediment that becloud his fitness in seeking to hold a public office and such

petition shall be published for four (4) consecutive weeks both in two (2) news

papers with a general circulation nationally if he is a candidate for a national office

or locally if he is a candidate to a public office in a local government unit.

(d) If an opposing petition is filed against the candidacy of the petitioner in the

foregoing subsection (c), the approval of his certificate of candidacy shall be held

in abeyance until the next election provided that he has been cleared of the

9impediment that becloud his fitness to run by election for public office through a

court acquittal on the merits of his defense in an actual trial in court. Mere dismissal

of the case against him by technicality shall not be sufficient to qualify him as a

candidate for any public position.

(e) Any judge who shall maliciously, or by conspiracy with an aspirant or with

a third party in behalf of such aspirant to hold a public office, and without proper

trial in accordance with the Rules of Court, acquit such person from the crime he is

suspected of, or charged with, solely for the purpose of allowing such person to

seek a position in the government shall be liable for disbarment or revocation of the

license to practice the profession of such Judge and shall himself be barred and

dismissed from further holding any position in the government.

Section 16. Pre-Election Formation of two major political parties -

(a) The pre-election campaign period shall be set from January 1 through

May 7 of the election year. This period shall be equally divided into two stages. The

first stage shall start on January 1 and shall end on March 15. The second stage

shall start on March 16 and shall end on May 7. During these two campaign stages,

all expenses in the campaign process shall be borne by the private funds of the

parties or their candidates and no public funds of any nature shall be used therefor

in any manner. Any person including incumbents for re-election who shall use

public funds in this political process shall be charged with the crime of malversation

of funds as defined in Article 217 of the Revised Penal Code.

(b) The first stage of the pre-election period shall be devoted to the

campaigns of political parties for their agenda and programs of government and

during such period they shall respectively invite and attract as many followers and

members for their respective parties that shall be evidenced by their valid voter

registration certificate for membership enlistment. During this period, there shall be

as many political parties to campaign for their respective agenda and programs of

government as they qualify for formation under Article IX-C, Section 2(5) of the

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Constitution.

(c) The second stage of the pre-election period shall be devoted to the

consolidation of parties for the purpose of forming into two (2) exclusive major political

parties whose respective candidates shall compete against the candidates between

the competing political parties on the day of election so that there shall be no more

than twice the number of candidates that can run for the public office or members of

congress or regional autonomous legislature, provincial board, city, municipal or

barrangay councils, to be filled by the winning candidate or candidates for said office

or members of congress or regional autonomous legislature, provincial board, city,

municipal or barrangay councils. This process shall be accomplished in a joint summit

convention by all political parties and members of qualified party-list organizations.

Any person who is a member of any political party who shall boycott the said political

convention or who has not participated in the formation of the said major political

parties shall have no right to run for public office.

(d) On the sixteenth day of March of the election year, a joint convention by all

political parties who have candidates that are aspiring to run for the presidency or for

the senate shall determine and choose from among said parties the two major political

parties to serve as the exclusive contending parties of their standard bearers in the

forthcoming elections. The members of the remaining political parties outside of the two

chosen major contending political parties shall thereafter determine which of the said

two parties they shall support or affiliate with on election day. Within thirty days from

effective date of this Public Service Reformation Act, the Commission on Elections

shall set up the pre-election "Two Political Party Formation Rules" to govern the

political parties in setting up the two contending final political parties and in the

nomination of their respective candidates pursuant to this law.

(e) The names of the two chosen major political parties in the preceding

subparagraph shall likewise serve as the name of the contending political parties in the

lower level for elective public positions in the local government units all over the

country.

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(f) No person shall qualify for candidacy to any public office on election day

unless he is a candidate under either of the two consolidated major parties referred to

in the preceding subparagraph. Once elected, the winning candidate shall be

prohibited from changing his political party affiliation and shall remain in the same party

until the next election period begins. Any elected public official who shall violate this

rule during his incumbency shall be barred from putting up his candidacy in the next

forthcoming election at the end of his term of office.

Section 17. Congress shall promptly appropriate the necessary funds for the

implementation of this Law. If for some reason, Congress fails to appropriate the

required funds, a roll call vote shall be obtained by Congress among its members to

determine who among its members refuse to vote to appropriate funds. The members

who shall vote No to earmarked funds shall not be allowed to run for re-election or

for election to another public office. An abstention vote shall be taken as a No vote.

Section 18. Gender reference - Any reference as to gender in this law shall be

applicable to both genders either man or woman.

Section 19. Numerical reference - Reference in this law as to singular shall

likewise mean to apply to the plural.

Section 20. Any law or election rule inconsistent with this law shall be deemed

amended, modified, or repealed upon the approval of this law.

Section 21. Should any provision of this law be declared void or unenforceable

by the Supreme Court, its remaining provisions shall remain valid and enforceable to

achieve the purpose for which this law is enacted.

Section 22. The Commission on Elections shall be responsible in the

administration and prompt implementation of this law and it shall have no power to

accept a certificate of candidacy unless a duly accomplished form of the Declaration

of Sincerity and Truthfulness to Serve in the Government, Form DST1, is included

in, attached to, the said certificate, and submitted by, the candidate.

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Section 23. Any provision of law, rule or regulation, inconsistent to the

provisions of this law is hereby repealed, amended, or modified accordingly.

Section 24. This law shall take effect upon approval by the people in an election

held for that purpose and after fifteen days following the first day of its publication in the

Government Official Gazette.

Section 25. This law was approved by the people on ______________ in the

year _____________.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Links to this Proposed Law:

DST1, Declaration of Sincereity: http://tinyurl.com/ow3yg82

Draft of Petition Before the COMELEC: http://tinyurl.com/n6tykx7

Signatures Gathering Sheet form: - http://tinyurl.com/oyfhrcm

Letter to the Local Election Registrar: http://tinyurl.com/ovwvner

Verification Certificate of Authenticity of Signatures: http://tinyurl.com/mal9zt9

Steps on How to Enact this Proposed Law by Peoples Initiative: http://tinyurl.com/kxf9svf

Sample of Campaign Article to sponsorthis proposed Law by Peoples Initiative: http://tinyurl.com/olkrj6y

To achieve an effective compliance of PSRA, or other any anti-graftlaw for that matter, it is highly recommended that we enact also thepeoples initiative National Jury Law: http://tinyurl.com/p847ohy

Submitted by:

Atty. Marlowe CamelloAuthor. Up-dated 6/24/2015Email: mcamello@verizon.net Also the author of Proposed Constitutional Amendment One: http://tinyurl.com/oy4keup