FOURTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
OF THE PHILIPPINES 
S E N A T E  
S. B. No. 
338 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The political exercise of suffrage is the express manifes 
3n of an 
individual's sovereign act of choosing a representative for the purpose of 
delegating the powers, functions and duties related to governance. As such, 
violations of any character that tend to destroy the sanctity of this act of 
sovereignty must be dealt with the full force of the law. Unfortunately, current 
penalties provided for by our election laws are inadequate in order to deter 
violators from committing acts that undermine the sovereign will. It is thus 
imperative that certain election offenses be classified as heinous while other 
offenses be given the appropriate penalty with the end in view of ensuring the 
sanctity of one's sovereign will in the selection of our nation's public servants. 
immediate passage of this bill is thus earnestly recommended. 
ESTRADA 
Senator 


S E N A T E  
Senate Bill No. 338 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
INCREASING THE PENALTY FOR ELECTION OFFENSES AND 
CLASSIFYING CERTAIN ELECTION OFFENSES AS HEINOUS 
CRIMES AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Declaration of Policies. It is herby declared the policy of the 
State to ensure fair, honest, orderly and peaceful elections, as well as to protect 
and safeguard the integrity and sanctity of the ballot so that the will of the people 
is truly manifested. In order not to undermine the exercise of the right of suffrage 
by every citizen, penalties for certain election offenses are hereby increased 
while those that are grievous and odious, aside form being inherently depraved, 
repugnant and outrageous to the common standards of decency and morality 
declared as heinous crimes. 
SEC. 2. Penalty for Election Offenses. Section 264 of Batas Pambansa 
Blg. 881, otherwise known as the Omnibus Election Code of the Philippines, as 
amended. Is hereby further amended to read as follows. 
"SEC. 2. Penalties. Any person found guilty of any election 
offense under this Code shall be punished with imprisonment of not 
less the TWELVE YEARS [one (1) year] AND ONE DAY but not 
more than TWENTY [six (S)] years and shall not be subject to 
probation. In addition, the guilty party shall be sentenced to suffer 
PERMANENT disqualification to hold public office and deprivation 
of the right of suffrage. If he is a foreigner, he shall be sentenced to 
deportation which shall be enforced after the prison term has been 
served. And y political party found guilty shall be sentenced to par a 
fine of not less than FIVE HUNDRED THOUSAND [ten thousand 
(PlO,OOO.OO)] pesos, which shall be imposed upon such party after 
criminal action has been instituted in which their corresponding 
officials have been found guilty. 
In case of prisoner or prisoner illegally released form any 
penitentiary or jail during the prohibited period period as provided in 
Section 261, paragraph (n) of this Code, the director of prisons, 
provincial warden, keeper of the jail or prison, or persons who are 
required by law to keep the said prisoner in their custody shall, if 
convicted by a competent court, be sentenced to suffer the penalty 


of RECLUSlON PERPETUA TO DEATH [prision mayor in its 
maximum period] if the prisoner or prisoners so illegally released 
commit any act of intimidation, terrorism, or interference in the 
election." 
SEC, 3. Application of penalty for election offenses. The penalty 
herein provided shall be applied to election offenses enumerated in Section 261 
of the Omnibus Election Code, as amended, to the other election offenses listed 
in Section 262 of the same Code, and to election offenses provided for under 
Section 45 of Republic Act No. 8186, except those election offenses which are 
hereinafter classified as heinous crimes. 
SEC. 4. Election offenses declared as heinous crimes. - The following 
election offenses, as defined and provided for in Sec. 261of the Omnibus 
Election Code, as amended, are hereby declared as heinous crimes: 
conspiracy to bribe voters; 
threats, intimidation, terrorism, use of fraudulent device or other 
forms of coercion before, during and after the election period; 
coercion of election officials and employees; 
appointment or use of special policemen, special agents, 
confidential agents or the like during the election period; 
illegal release of prisoners before and after election; 
use of public funds, money deposited in trust, equipment, facilities 
owned or controlled by the government for an election campaign; 
use of armored land, water or aircraft during the election period; 
and, 
organization or maintenance of reaction forces, strike forces, or 
other similar forces during the election period; 
SEC.5. Other Persons Criminally Liable. In addition to the provisions of 
Section 263 of the Omnibus Election Code, as amended, the person liable for the 
above-mentioned crimes shall include the members of the board of election 
inspectors, the members of the board of canvassers andlor officials of the 
Commission on Election who aided, assisted or participated, directly or indirectly, 
to the commission thereof. 
SEC. 6. Repealing Clause. - The pertinent provisions of the Omnibus 
Election Code of the Philippines, other laws, presidential decrees and issuances, 
executive orders, rules and regulations, or parts thereof, inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly. 
SEC. 7. Separability Clause. - If, for any reason, any provision or part of 
this Act shall be held to be unconstitutional or invalid, other parts or provision 
hereof which are not affected thereby shall continue to be in full force and effect. 
SEC. 8. Effectivity. - This Act shall take effect after fifteen (15) days 
following the completion of its publication in the Official Gazeffe or in at least two 
(2) newspapers of general circulation. Such publication shall not be later than 
seven (7) days after the approval hereof. 
Approved,