Section 1.
Legislative purpose. – The purpose of this Act is to prohibit corrupt
or undesirable methods of lobbying, to promote a high standard of
ethics in the practice of lobbying, to prevent harassing unfair and
unethical lobbying practices, and to provide for the licensing of
lobbyists and the suspension or revocation of such licenses.
Sec. 2. Corrupt means to influence legislation;
disclosure of interest. – Any person who shall, directly or indirectly,
give or agree or offer to give any money or property or valuable thing
or any security therefor to any person, for the service of such person
or of any other person in procuring the passage or defeat of any
measure before the Congress of the Philippines or before either House
or any committee thereof, upon the contingency or condition of the
passage or defeat of such measure, or who shall receive, directly or
indirectly, or agree to receive any such money, property, thing of
value or security therefor for such service, upon any such contingency
or condition, or who, having a pecuniary or other interest, or acting
as the agent or attorney of any person in procuring or attempting to
procure the passage or defeat of any measure before the Congress of the
Philippines or before either House or any committee thereof, shall
attempt in any manner to influence any member of said Congress for or
against such measure, without first making known to such member the
real and true interest he has in such measure, either personally or as
such agent or attorney, shall be punished by imprisonment of not more
than two years or by fine not exceeding five thousand pesos or both
such imprisonment and fine.
Sec. 3. Corrupt or secret means to influence
confirmation of appointment. – Any person who shall, directly or
indirectly, give or agree or offer to give any money or property or
valuable thing or any security therefor to any person, for the service
of such person or of any other person in procuring the confirmation or
rejection or by-passing of any appointment before the Commission on
Appointments or before any committee thereof, upon the contingency or
condition of the confirmation or rejection or by-passing of such
appointment, or who shall receive, directly or indirectly, or agree to
receive any such money, property, thing of value or security therefor
for such service, upon any such contingency or condition, or who,
having an appointment in his favor pending before the Commission on
Appointments or before any committee thereof, shall through secret or
clandestine methods attempt in any manner to influence any member of
such Commission to vote for confirmation of such appointment, shall be
punished by imprisonment of not more than two years or by a fine not
exceeding five thousand pesos or both such imprisonment and fine.cralawSec. 4. Definitions. – The following words and
phrases shall have the meaning respectively ascribed to them:
(1) Measure. – Any proposed legislation either in the
form of bill, resolution or otherwise or any amendment thereof.cralaw
(2) Lobbying. – The practice of promoting or opposing
the introduction or passage of legislation before either House of the
Congress of the Philippines or any of its committees, or promoting or
opposing the confirmation of any pending appointment before the
Commission on Appointments or any of its committees.cralaw
(3) Lobbyist. – Any person who engages in the
practice of lobbying for hire except in the manner authorized by
section twelve of this Act. Lobbying for hire shall include activities
of any officers, agents, attorneys or employees of any principal who
are paid a regular salary or retainer by such principal and whose
duties include lobbying.cralaw
(4) Unprofessional conduct. – A violation of any of
the provisions of this Act, or soliciting employment from any
principal, or instigating the introduction of legislation for the
purpose of obtaining employment in opposition thereto, or attempt to
influence the vote of members of Congress on any measure pending or to
be proposed or on any appointment submitted for confirmation by the
promise of support or opposition at any future election, or by any
other means than a full and fair argument on the merits thereof, or by
making public any unsubstantiated charges of improper conduct on the
part of any other lobbyist or of any member of Congress, or engaging in
practices which reflect discredit on the practice of lobbying or the
Congress.cralaw
(5) Principal. – (a) Any person, corporation or
association which engages a lobbyist or other person in connection with
any legislation, pending before the Congress or to be proposed,
affecting the pecuniary interest of such person, corporation or
association, or in connection with any appointment pending before the
Commission on Appointments.cralaw
(b) Any branch or subdivision or instrumentality of
the government, including government-owned and government-controlled
corporations, which engages a lobbyist or other person in connection
with any legislation pending or to be proposed affecting the statutory
powers, duties or appropriation of such branch, subdivision, or
instrumentality.cralaw
(6) Docket. – The register of licensed lobbyists
maintained by the Secretary of the House of Representatives and by the
Secretary of the Senate (insofar as Congress is concerned) or by the
Secretary of the Commission on Appointments (insofar as said Commission
is concerned) pursuant to section seven of this Act.
(7) Report. – The statement of expenses filed with
the Secretary of the House of Representatives and the Secretary of the
Senate (insofar as Congress is concerned) or with the Secretary of the
Commission on Appointments (insofar as said Commission is concerned) by
lobbyists pursuant to section nine of this Act.cralaw
(8) Pecuniary interest. – This term includes without
limitation any legislation which creates, alters or repeals any
statutory charge by way of tax, license fee, registration fee or
otherwise, or which creates, alters or repeals any statutory privilege,
power, restriction or obligation of any principal, or which creates,
alters or repeals the powers or duties of any court or governmental
agency before which the principal does business.cralaw Sec. 5. Licenses for lobbyists; suspension or
revocation. – (1) Licenses; fees; eligibility. – Any person of legal
age and good and moral character who is a citizen of the Philippines is
qualified to be licensed as a lobbyist as herein provided. The
Secretary of the House of Representatives and the Secretary of the
Senate (insofar as Congress is concerned) or the Secretary of the
Commission on Appointments (insofar as said Commission is concerned)
shall provide for the form of application for license. Such application
may be obtained in the office of the Secretary of either House of
Congress or of the Secretary of the Commission on Appointments, as the
case may be, and filed therein. No application shall be approved except
by unanimous vote of the Secretaries of both Houses insofar as lobbying
in Congress is concerned. Upon approval of such application and payment
of the license fee of seventy-five pesos to the Secretary of either
House or to the Secretary of the Commission on Appointments, as the
case may be, a license shall be issued which shall entitle the licensee
to practice lobbying on behalf of any one or more principals. Each
license shall expire on December thirty-first of the year in which it
was issued. No application shall be disapproved without affording the
applicant a hearing which shall be held and decision entered within ten
days of the date of filing of the application. Denial of a license may
be reviewed by mandamus proceeding in the proper court.cralaw
(2) Suspension or revocation of license. – Upon
verified complaint in writing charging the holder of a license with
having been guilty of unprofessional conduct or with having procured
his license by fraud or deceit or through error, the Solicitor General
is hereby authorized to bring civil action in the proper Court of First
Instance against the holder and in the name of the state as plaintiff
to revoke the license. The procedure in such civil action shall be as
provided in the Rules of Court. If the court finds for the plaintiff
judgment shall be rendered revoking the license and the clerk of the
court shall file a certified copy of the judgment with the Secretaries
of both Houses or with the Secretary of the Commission on Appointments,
as the case may be. If the court shall determine that the complaint
made to the Solicitor General was without proper cause, it shall enter
judgment against the person making the complaint for the costs of the
action with such damages as the court may award. The licensing
authority may commence such action on their own motion.cralaw
(3) Suspension of lobbying privileges. – No lobbyist
whose license has been suspended or revoked and no person who has been
convicted of a violation of any provisions of this Act shall engage in
any activity permitted by section twelve hereof until he has been
reinstated to the practice of lobbying and duly licensed.
Sec. 6. Lobby registry. – Except as provided in
section twelve (2) hereof every principal who employs any lobbyist
shall within one week after such employment cause the name of said
lobbyist to be entered upon the docket. It shall also be the duty of
the lobbyist to enter his name upon the docket. Upon the termination of
such employment such fact may be entered opposite the name of the
lobbyist either by the lobbyist or the principal.cralaw Sec. 7. Docket; authorization. – (1) The
Secretaries of both Houses or the Secretary of the Commission on
Appointments, as the case may be, shall prepare and keep a docket in
which shall be entered the name and business address of each lobbyist,
the name and business address of his principal, and the subject or
subjects of legislation or pending appointment to which the employment
relates. Such docket shall be a public record and open to the
inspection of any citizen upon demand at any time during the regular
business hours of the office of the said Secretaries.cralaw
(2) Any principal employing any lobbyist shall when
further subjects of legislation or further appointments are submitted
which such lobbyist is to promote or oppose, make or cause to be made
additional entries in the docket stating such employment so that the
docket will show at all times all subjects of legislation or pending
appointments in relation to which the lobbyist is employed. The docket
may also show the number or designation of bills, resolutions or other
measures in relation to which the lobbyist is employed.cralaw
(3) Within ten days after his registration in the
docket, a lobbyist shall file with the Secretaries of both Houses or
with the Secretary of the Commission on Appointments, as the case may
be, a written authorization to act as such signed by his principal.cralaw Sec. 8. Restriction on practice of lobbying. – (1)
No person shall practice as a lobbyist unless he has been duly licensed
under the provisions of section five hereof and unless his name appears
upon the docket as employed in respect to such matters as he shall be
promoting or opposing. No principal shall directly or indirectly
authorize or permit any lobbyist employed by him to practice lobbying
in respect of any legislation or appointment in which such principal is
interested until such lobbyist is duly licensed and the name of such
lobbyist is duly entered on the docket. No person shall be employed as
a lobbyist for a compensation dependent in any manner upon the passage
or defeat of any proposed or pending legislation or upon any other
contingency connected with the action of the Congress or of either
House thereof or of any committee thereof, or upon the confirmation or
rejection or by-passing of any appointment pending before the
Commission on Appointments.cralaw
(2) Within five days after delivering any written or
printed statement, argument or brief to the entire membership of either
or both Houses of Congress, three copies thereof shall be deposited
with the Secretaries of both Houses or with the Secretary of the
Commission on Appointments, as the case may be.cralaw Sec. 9. Reports of lobbyist; reports to Congress.
– (1) Every lobbyist required to have his name entered upon the docket
shall, within ten days after the end of each calendar month of any
regular session of Congress, file with the Secretaries of both Houses
or with the Secretary of the Commission on Appointments, as the case
may be, a sworn statement of expenses made and obligations incurred by
himself or any agent in connection with or relative to his activities
as such lobbyist for the preceding month or fraction thereof, except
that he need not list his own personal living and travel expenses in
such statement.
(2) Within ten days following the beginning of any
regular or special session of Congress and on every week thereafter for
the duration of such session, the Secretaries of both Houses or the
Secretary of the Commission on Appointments, as the case may be, shall
from their records report to each House of Congress or to the
commission the names of lobbyist registered under section six hereof
who were not previously reported, the names of the persons whom they
represent as such lobbyist, and the subjects of legislation or
appointments in which they are interested. Such reports shall be
incorporated into the journal of each House. The Secretaries of both
Houses or the Secretary of the Commission on Appointments, as the case
may be, shall also forward to each House or to the Commission a copy of
each statement required to be filed under subsection (1). Such copy
shall be open to public inspection but shall not be incorporated in the
journal unless the House or Commission so orders. Any expenditures made
or obligations incurred by any lobbyist in behalf of or for the
entertainment of any government official or employee concerning pending
or proposed legislative matter or pending appointment shall be reported
according to the provisions of this section.cralaw Section 10. Statement of expense by municipal. –
Within thirty days after the sine die adjournment of Congress, every
principal whose name appears upon the docket or who has employed any
person to engage in any activity permitted under section twelve hereof
shall file with the Secretaries of both Houses or with the Secretary of
the Commission on Appointments, as the case may be, a complete and
detailed statement verified under oath by the person making the same,
or in the case of a corporation by its president or treasurer, of all
expenses paid or incurred by such principal in connection with the
employment of lobbyists or in connection with promoting or opposing in
any manner the passage by Congress of any legislation affecting the
pecuniary interest of such principal, or in connection with any
appointment pending before the Commission on Appointments. The accounts
shall be rendered in such form as shall be prescribed by the
Secretaries of both Houses or by the Secretary of the Commission on
Appointments, as the case may be. Such accounts shall be open to public
inspection.cralaw Section 11. Penalties. – (1) Any principal violating
any of the provisions of sections four to ten hereof (excepting the
last sentence in section 8[1], the violation of which is penalized
under sections 2 and 3) shall for such offense be fined not less than
one thousand pesos nor more than twenty thousand pesos.cralaw
(2) Any lobbyist who shall fail to comply with any of
the provisions of said sections or any person who shall act as lobbyist
without being duly licensed shall be fined not less than five hundred
pesos nor more than ten thousand pesos and shall be disbarred from
acting as a lobbyist for the period of three years from the date of
such conviction.
(3) Any lobbyist who fails to make and file the
statement required by section nine hereof shall be punished by a fine
not to exceed one thousand pesos or by imprisonment not to exceed six
months or by both such fine and imprisonment. Any lobbyist who shall
file a false statement shall be punished by a fine of not less than one
thousand pesos nor more than five thousand pesos or by imprisonment for
not less than six months nor more than two years, or both such fine and
imprisonment.cralaw Section 12. Personal lobbying prohibited, exceptions.
– (1) It shall be unlawful for any person other than a licensed
lobbyist to attempt personally and directly to influence any member of
Congress to vote for or against any measure pending therein, or to be
proposed, or to vote for or against confirmation of any appointment
pending before the Commission on Appointments, otherwise than by
appearing before the regular committees thereof, when in session, or by
newspaper publications, or by public addresses to persons other than
members of Congress or Commission on Appointments, as the case may be,
or by written or printed statements, arguments or briefs delivered to
each member of Congress or Commission on Appointments, as the case may
be; provided, that within five days after delivering such statement,
argument or brief, three copies thereof shall be deposited with the
Secretaries of both Houses or with the Secretary of the Commission of
Appointments, as the case may be. No officer, agent, appointee, or
employee, in the service of the government, shall attempt to influence
any member of Congress to vote for or against any measure pending
therein, affecting the pecuniary interests of such person, excepting in
the manner authorized herein in the case of lobbyists. Nothing in this
section shall be construed to deprive any citizen not lobbying for hire
of his constitutional right to communicate with members of Congress.cralaw
(2) Any person who limits his lobbying solely to
appearance before either House of Congress or Commission on
Appointments or its committees and registers his appearance on the
records of such House or Commission or committee in writing, shall not
be required to be licensed as a lobbyist, pay a license fee, register
with the Secretaries of both Houses or with the Secretary of the
Commission on Appointments, as the case may be, or make any reports of
expenditures.cralaw
Any person violating any of the provisions of this section shall be
punished by imprisonment of not more than six months or by a fine not
exceeding one thousand pesos, or both such imprisonment and
fine.
Section 13. Compensation for published articles on
matters pending before Congress to be reported; penalty. – Whenever
money or other things of value is paid, or a promise or agreement to
pay money or other thing of value is given, to the owner or publisher
or any editor, reporter, agent or employee of any newspaper or
periodical for the publication therein of any article, editorial or
other matter favoring or opposing, or which is intended or tends to
favor or oppose, any bill, resolution or other matter pending in the
Congress, or any appointment pending in the Commission on Appointments,
excepting a paid advertisement showing the name and address of the
person authorizing the publication and the amount paid or agreed to be
paid therefor, the owner or publisher of such newspaper or periodical
shall, within ten days after such publication, file with the
Secretaries of both Houses, or with the Secretary of the Commission on
Appointments, as the case may be, a statement showing the amount of
money or other things of value paid or agreed to be paid and the name
and address of the person, firm or corporation from whom such payment
or agreement was received.cralaw
Violation of this section shall punishable by a fine of not less than
five hundred pesos nor more than ten thousand pesos.cralaw Section 14. This Act shall take effect upon its
approval.
Approved: June 22, 1957
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