INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Under the Election Code, B.P. Blg. 881, Section 6, the Commission on 
Elections has to declare a failure of elections if there is violence and terrorism in 
a significant number of polling places. If a failure of elections is declared in areas 
pervaded by violence and terrorism, Congress would be unable to proclaim a 
President and Vice-president Elect in accordance with the Constitution. In such 
case, the incumbent President will stay on in a hold-over capacity. 
The present bill seeks to make it compulsory for Congress to declare a 
President and Vice-president Elect even if failure of election is declared in some 
polling places. Failure of election in a few polling places should not be used as 
an excuse for a failure to proclaim a new President. This does not however, 
curtail the power of the Supreme Court, sitting en banc, as sole judge of all 
contests relating to the election, returns and qualifications of the President or 
Vice-president, to subsequently nullify the proclamation by Congress of a 
President or Vice-president Elect if indeed there was force majeure, violence, 
terrorism, fraud or other analogous cases in a number of polling places sufficient 
to alter the results of the election SO that such election resulted in a failure to 
elect. 
Immediate enactment of this bill is earnestly sought. 
JJM~GO~EJERCITO ESTRADA 
u s e n a t o r  


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
First Regular Session 
1 
OF THE PHILIPPINES 
1 
7 
, Ij ;;,, -3 
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Senate Bill No. 644 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
AMENDING B.P. 881, ALSO KNOWN AS THE OMNIBUS ELECTION 
CODE, SECTION 6, ON FAILURE OF ELECTION 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION I. 
B.P. No. 881, Section 6, is hereby mended to read as follows: 
“Sec. 6. Failure of Election. - If, on account of force 
majeure, violence, terrorism, fraud, or other analogous causes the 
election in any polling place has not been held on the date fixed, or 
had been suspended before the hour fixed by law for the closing of 
the voting, or after the voting and during the preparation and the 
transmission of the election returns or in the custody or canvass 
thereof, such election results in a failure to elect, and in any of such 
cases the failure or suspension of election would affect the result of 
the election, the Commission shall, on the basis of a verified 
petition by an interested party and after due notice and hearing, call 
for the holding or continuation of the election not held, suspended 
or which resulted in a failure to elect on a date reasonably close to 
the date of the election not held, suspended or which resulted in a 
failure to elect by not later than thirty days after the cessation of the 
cause of such postponement or suspension of the election or failure 
to elect. 
IN ANY EVENT, THE RETURN OF EVERY ELECTION FOR 
BOARD OF CANVASSERS OF EACH PROVINCE OR CITY, 
SHALL BE TRANSMITTED TO THE CONGRESS, DIRECTED TO 
THE PRESIDENT OF THE SENATE. 
CONGRESS SHALL, 
PRESDIENT 
ELECT 
IN 
ACCORDANCE 
WITH 
THE 
CONSTITUTION, ARTICLE 7, SECTION 4.” 
SEC. 2. Separability Clause. - If any provision or part hereof, is held 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
PRESIDENT AND VICE-PRESIDENT, DULY CERTIFIED BY THE 
HENCEFORTH, PROCLAfM THE PRESIDENT AND VICE- 
SEC. 3. Repealing Clause. - All laws, presidential decrees or issuances, 
executive orders, letters of instruction, administrative orders or rules and 


regulations, which may be inconsistent with this Act, shall be deemed repealed, 
amended or modified accordingly. 
SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days following 
its complete publication in at least two (2) newspapers of general circulation. 
Approved,