Question & AnswerQ&A (Act No. 1726)
The main purpose of Act No. 1726 is to amend Act No. 1582 (The Election Law) by disqualifying certain persons from holding provincial or municipal offices and authorizing the Governor-General to remove ineligible persons from office.
A person is disqualified from holding any public office if they are under judgment of conviction for a crime punishable by imprisonment for two years or more or involving moral turpitude, unless fully pardoned, regardless of whether an appeal is pending.
Yes. The law states that disqualification applies regardless of whether or not an appeal is pending in the action.
The Governor-General has the authority to summarily remove an ineligible person from any provincial or municipal office upon receipt of satisfactory proof.
The Governor-General may refuse confirmation based on reasonable grounds to suspect the candidate's loyalty to constituted authorities, moral unfitness to hold public office, or a bad reputation for morality, honesty, and uprightness in their community.
The Governor-General, with the advice and consent of the Philippine Commission, may appoint a suitable person to fill the vacancy or call a special election to fill the office. The candidate whose confirmation was refused is ineligible and votes for that person shall not be counted.
A person disqualified by a court sentence is ineligible to hold public office during the term of their disqualification, even if an appeal is pending.
Yes. Persons disqualified under Act Numbered 1126, as amended, are also ineligible to hold public office during their disqualification term.
The Governor-General must receive a certificate filed in the office of the Executive Secretary and must ensure there is no pending and undetermined electoral contest or court decision affecting the candidate's confirmation.
This Act takes effect upon its passage, as stated in Section 5 of the law.