,.,. 
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REPUBLIC OF THE PHILIPPINES 
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8/46? -1 
NO 34 
First Regular Session 
S E N A T E  
L E *  
~ ~ ~ ~ I V E D  
BY:* 
S. B. No. 
1937 
Introduced by SENATOR JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The ballot is the physical manifestation of a voter's sovereign act of 
choosing a representative for the purpose of good governance. Thus, the sanctity 
of the ballot must at all cost be ensured in any electoral exercise. It is unfortunate 
that modern day elections are marred by irregularities and anomalies brought 
about by twisted means, methods, schemes and machinations beyond what is 
legally allowed purposely for the advancement of the interests of a few and not 
of the electorate. 
This Representation believes that such acts should be met with the full 
force of the law and in order to do so our election laws should be amended 
accordingly. 
Premises considered, this proposed legislative measure seeks to amend 
Article XXII, Section 261(dd) of BP 881 to include other forms of electoral fraud 
and prescribing penalties for their commission. 
Immediate passage of this bill is thus earnestly recommended. 
I 
Senator 


THIRTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
5 
MAR -1 
AlO:44 
G q  
sENATETg3 17 
S.B. NO. 
Introduced by Senator Jinggoy Ejercito Estrada 
c 
AN ACT 
TO AMEND ARTICLE XXII, SECTION 261 (dd) OF BATAS PAMBANSA B G. 881, 
OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE OF THE PHILIPPINES, 
AS AMENDED, TO INCLUDE OTHER FORMS OF ELECTORAL FRAUD, 
PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the P /lippines 
P 
in Congress assembled: 
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SECTlON 1. Article 26l(dd) of Batas Pambansa Blg. 881, otherwise known as 
as 
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the Omnibus Election Code, as amended, is hereby further amended to read 
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follows: 
(dd) 
Other prohibitions: 
(1) 
Any person who sells, furnishes, offers, buys, serve 
takes intoxicating, liquor on the days fixed by law foi 
registration of voters in the polling place, or on the 
before the election or on election day: Provided, That (I 
and other establishments duly certified by the Departme 
Tourism as tourist oriented and habitually in the busin& 
catering to foreign tourists may be exempted for justif 
reasons upon prior authority of the Commission: Proy 
further, That foreign tourists taking intoxicating liquor in 
authorized hotels or establishments are exempted fron 
provisions of this subparagraph. 
or 
the 
day 
stels 
It of 
s of 
3ble 
Jed, 
;aid 
the 


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(2) 
Any person who opens in any polling place or within a radius 
of thirty meters thereof on election day and during the 
counting of votes, booths or stalls of any kind for the sale, 
dispensing 
or 
display 
of 
wares, 
merchandise or 
refreshments, whether solid or liquid, or for any other 
purposes. 
(3) 
Any person who holds on election day, fairs, cockfights, 
boxing, horse races, jai-alai or any other similar sports. 
(4) Refusal to carry election mail matter. - any operator or 
employee of a public utility or transportation company 
operating under a certificate of public convenience, including 
government-owned or controlled postal service or its 
employees or deputized agents 
who refuse to carry official 
election mail matters free of charge during the election 
period. In addition to the penalty prescribed herein, such 
refusal shall constitute a ground for cancellation or 
revocation of certificate of public convenience or franchise. 
(5) 
Prohibition against discrimination in the sale of air time. - 
Any person who operates a radio or television station who, 
without justifiable cause discriminates against any political 
party, coalition or aggroupment of parties or any candidate in 
the sale of air time. In addition to the penalty prescribed 
herein, such refusal shall constitute a ground for cancellation 
or revocation of the franchise. 


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(6) 
VOTE SHAVINGNOTE PADDING. - IN ADDITION TO THE 
OFFENSE PENALIZED UNDER ARTICLE 
261 (bb) (I), ANY 
PERSON WHO INDUCES OR ATTEMPTS TO INDUCE ANY 
MEMBER OF THE BOARD OF ELECTION INSPECTORS OR 
BOARD OF CANVASSERS TO TAMPER, INCREASE OR 
DECREASE THE VOTES RECEIVED BY ANY CANDIDATE IN 
ANY ELECTION IN CONSIDERATION OF ANY PROMISE, 
OFFER, GIFT OR PRESENT, PECUNIARY OR OTHERWISE, 
FOR THE PURPOSE OF BENEFITING ANY CANDIDATE AND 
ENSURING HIS ELECTION TO A PUBLIC OFFICE SHALL BE 
GUILTY OF THE CRIME OF VOTE SHAVINGNOTE PADDING. 
VOTE SHAVINGNOTE PADDING OCCURS WHEN, FOR 
THE PURPOSE OF BENEFITING AND ENSURING THE 
ELECTION OF ANY CANDIDATE TO A PUBLIC OFFICE, ANY 
MEMBER OF THE BOARD OF ELECTION INSPECTORS OR 
CANVASSERS IN CONSIDERATION OF ANY PROMISE, GIFT, 
OFFER OR PRESENT, PECUNIARY OR OTHERWISE, FROM 
ANY PERSON, WILL ALTER, MODIFY OR CHANGE THE VOTES 
OBTAINED BY ANY CANDIDATE EITHER BY: 
(1) 
REDUCING THE VOTES OBTAINED BY ANY OR ALL 
CANDIDATES AND ADDING IT TO THE VOTES OBTAINED BY 
THE FAVORED CANDIDATE; 
(2) 
KNOWINGLY ADDING VOTES TO THE ACTUAL 
VOTES OBTAINED BY THE FAVORED CANDIDATE; 
(3) KNOWINGLY REDUCING THE 
ACTUAL VOTES 
OBTAINED BY ANY CANDIDATE EXCEPT THAT OF THE 
FAVORED CANDIDATE; 


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ANY PERSON FOUND GUILTY OF THE OFFENSE OF 
VOTE SHAVINGNOTE PADDING SHALL BE PUNISHED WITH 
IMPRISONMENT OF RECLUSION P ERP ETUA; PROVIDED, 
THAT, IF THE OFFENDER IS A PUBLIC OFFICIAL OR 
EMPLOYEE, THE PENALTY SHALL BE DEATH; PROVIDED, 
FURTHER, THAT IN ADDITION TO THE PENALTY IMPOSED 
HEREIN, THE OFFENDER SHALL LIKEWISE SUFFER THE 
ACCESSORY PENALTY ATTACHED TO THE PRINCIPAL 
PENALTY IMPOSED AND THE DEPRIVATION OF THE RIGHT 
OF SUFFRAGE. 
SEC. 2. Separability Clause. - If any provision or part of this Act is held to be 
invalid or unconstitutional, other provisions hereof which are not effected thereby shall 
continue to be in full force and effect. 
SEC. 3. Repealing Clause. - All provisions of law, presidential decrees or 
issuances, orders, including rules and regulations inconsistent herewith are hereby 
repealed or modified accordingly. 
SEC. 4, Effectivity. - This Act shall take effect after fifteen (15) days following its 
publication in the Official Gazeffe or in at least two (2) newspapers of general 
circulation. 
Approved,