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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
1st Regular Session

438

HOUSE BILL NO.

Introduced by Rep. JOHNNY PIMENTEL

EXPLANATORY NOTE

The Constitution provides that the Philippines is a democratic and a republican
State. Sovereignty resides in the people and all government authority emanates
from them, Under this Constitutional fiat, we operationalized it with the
holding of popular and competitive elections.

With the aim to establish a systematic rule to govern elections, Batasan
Pambansa Blg. 881 was enacted. Under Section 80 of the Omnibus Election
Code, election campaigning and partisan political activity outside the campaign
period was proscribed. It provided the repercussion of making a candidate be
subject to disqualification from his candidacy or from holding office under
Section 68.

However, by virtue of Section 15 of Republic Act 8436, as amended by Republic
Act 9369, which provides that “unlawful acts or omissions applicable to a
candidate shall take effect only upon the start of the said campaign period,” it
has erased the liability of a candidate from the offense of election campaign
outside the campaign period. The amendment seems to have permitted
prospective candidates and candidates alike to engage in premature
electioneering.

Furthermore, under the Penera 0. COMELEC ruling in 2009, the Supreme Court
has ruled that no candidate can be held liable for premature campaigning
because he shall be considered a candidate only at the start of the campaign
period. Also, the unlawful acts or omissions applicable to the candidate shall
take effect only upon the start of such campaign period.

This setup is counterintuitive to the principles of fair play during elections in a
democratic state. As remarked by the Comelec spokesperson in response to the
criticisms against the constitutional commission’s inaction on instances of early

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campaigning, “premature campaigning” could not be committed since there is
no “official candidate” yet to speak of. A congressional act is required.

This measure seeks to correct and reconcile the provisions of the Omnibus
Election Code and the Republic Act. 9369 where the prohibition against early
campaigning and partisan political activity would be reinstituted. This also puts
liability against a prospective candidate who carries out premature
campaigning within a year before the start of the campaign period and placing
him under the ambit of disqualification in the Omnibus Election Code anew.

The passage of this measure is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS,
1st Regular Session

HOUSE BILL NO. 438

Introduced by Rep. JOHNNY PIMENTEL

“AN ACT AMENDING SECTION 79 AND 80 OF BATAS PAMBANSA BILANG
881, OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE OF THE
PHILIPPINES, PROHIBITING THE ACTS OF PREMATURE CAMPAIGNING”

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 79 of Batas Pambansa Big. 881, also known as the
“Omnibus Election Code of the Philippines,” is hereby amended to read as follows:

“Section 79. DEFINITIONS. - As used in this Code:

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a. The term "candidate" refers to any person aspiring for or seeking

an elective public office, who has filed a certificate of candidacy
by himself or through an accredited political party, aggroupment,
or coalition of parties;

A PERSON SHALL BE CONSIDERED AS A CANDIDATE
FROM THE MOMENT HE FILES HIS CERTIFICATE OF
CANDIDACY. ACTS CONSTITUTING PREMATURE
CAMPAIGNING ENUMERATED IN THIS CODE SHALL APPLY
TO CANDIDATES UPON THE FILING OF THEIR CERTIFICATE
OF CANDIDACY.

THE TERM “PROSPECTIVE CANDIDATE’ REFERS TO ANY
PERSON ASPIRING FOR OR SEEKING AN ELECTIVE
PUBLIC OFFICE, WHETHER OR NOT HE HAS EXPLICITLY
DECLARED HIS INTENTION TO RUN AS A CANDIDATE IN
THE IMMEDIATELY PRECEDING ELECTIONS, AND
SUBSEQUENTLY FILES A CERTIFICATE OF CANDIDACY.

b. The term “election campaign” or “partisan political activity”
refers to an act designed to promote the election or defeat of a
particular candidate or candidates to a public office which shall

include:


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(1) Forming organizations, associations, clubs, committees or
other groups of persons for the purpose of soliciting votes and/or
undertaking any campaign for or against a candidate;

(2) Holding political caucuses, conferences, meetings, rallies,
parades, or other similar assemblies, for the purpose of soliciting
votes and/or undertaking any campaign or propaganda for or
against a candidate;

(3) Making speeches, announcements or commentaries, or
holding interview for or against the election of any candidate

for public office;

(4) Publishing or distributing campaign literature or materials
designed to support or oppose the election of any candidate; or

(5) Directly or indirectly soliciting votes, pledges or support for or
against a candidate. PROVIDED, THAT THE ACTS
ENUMERATED IN THIS SUBSECTION SHALL EQUALLY BE
APPLICABLE TO A PROSPECTIVE CANDIDATE.

The foregoing enumerated acts if performed for the purpose of
enhancing the chances of aspirants for nomination for candidacy
to a public office by a political party, aggroupment, or coalition of
parties shall not be considered as election campaign or partisan
election activity.

Public expressions or opinions or discussions of probably issues
in a forthcoming election or on attributes of or criticisms against
probably candidates proposed to be nominated in a forthcoming
political convention shall not be construed as part of any election
campaign or partisan political activity contemplated under this
Article.”

SEC. 2. Section 80 of BP Blg. 881 is hereby amended to read as follows:

“Section 80. Election campaign or partisan political activity
‘outside campaign period. - It shall be unlawful for any person,
whether a voter or candidate, OR A PROSPECTIVE
CANDIDATE, or for any party, or association of persons, to
‘engage in an election campaign or partisan political activity except
during the campaign period: Provided, that political parties may
hold political conventions or meetings to nominate their official

candidates within thirty days before the commencement of the
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campaign period and forty-five days for President and Vice-
Presidential election. PROVIDED FURTHER THAT A
CANDIDATE OR A PROSPECTIVE CANDIDATE MAY BE
HELD LIABLE UNDER THIS SECTION FOR ACTS
COMMITTED WITHIN ONE YEAR BEFORE THE
COMMENCEMENT OF THE CAMPAIGN PERIOD UPON THE
FILING OF HIS CERTIFICATE OF CANDIDACY.

SEC. 3. Implementing Rules and Regulation. - The Commission on Elections
shall promulgate and issue the rules and regulations necessary to implement the

provisions of this Act.

SEC. 4. Separability Clause. — If any portion or provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions not affected thereby

SEC. 5. Repealing Clause.- All laws, presidential decrees, letters of
instructions, executive orders, rules, regulations, and other issuances or parts thereof
which are contrary to or inconsistent with the provisions of this Act are hereby revoked,
repealed, amended or modified accordingly.

SEC. 6. Effectivity Clause. - This act shall take effect fifteen (15) days following
the completion of its publication in the Official Gazette or in at least one (1) newspaper
of general circulation,

Approved,