REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

FIFTEENTH CONGRESS
SECOND REGULAR SESSION

HB.No 38609

Introduced by HON. AL FRANCIS C. BICHARA

EXPLANATORY NOTE

The herewith attached bill seeks to amend the Batas Pambansa Bilang 881,
otherwise known as the Omnibus Election Code. In particular, it aims to impose upon
candidates to any elective office including political parties an obligation of removing
and/or disposing of lawful election propaganda after the expiration of election campaign
period

This bill takes into account the fact that immediately after every election, public
buildings, bridges, walls and other infrastructures, including those privately owned
structures are covered and littered with volumes of campaign propaganda materials.
These materials add to the voluminous garbage to be disposed by the government thereby
incurring additional government expense, not to mention the fact that it debase the
integrity of government infrastructures. In order therefore to lessen the expense of the
government for collecting and disposing of these garbage and to maintain the cleanliness
of public buildings, walls and bridges after the campaign period, it becomes obligatory
for the candidates and political parties be required to remove their own campaign
propaganda materials.

In order that the purpose of this bill may be achieved, the candidates seeking
elective office shall likewise be required to post a bond. Should the candidates fail to
remove their respective campaign propaganda materials within the prescribed period, the
removal shall be undertaken by the Commission on Elections. The expenses to be
incurred by the COMELEC in removing such campaign propaganda materials shall be
charged against the bond required to be posted by candidates and/or political parties,
provided that proper accounting be made by the COMELEC. Should there be any excess,
the same shall be returned to the candidates and/or political =

Towards this end, immediate approval of this/lill As hereby respectfully and

eamestly sought.


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES)
SECOND REGULAR SESSION d

Introduced by HON. AL FRANCIS C. BICHARA

AN ACT IMPOSING UPON CANDIDATES AND POLITICAL PARTIES THE
OBLIGATION OF REMOVING THEIR RESPECTIVE LAWFUL ELECTION
CAMPAIGN PROPAGANDA AND OTHER MATERIALS AFTER CAMPAIGN
PERIOD AND REQUIRING THEM TO POST A BOND TO THIS EFFECT, AND
FOR OTHER PURPOSES.

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

Section 1. Section 82 of Batas Pambansa Blg. 881, otherwise known as the
‘Omnibus Election Code, is hereby amended by adding the following provisions, to be
read as follows:

“Section 82. Lawful Election propaganda. ~ Lawful election propaganda
shall include:

(a)
(b)
(©)
@)

PROVIDED HOWEVER THAT IT SHALL BE THE DUTY OF EVERY
CANDIDATE AND POLITICAL PARTIES TO REMOVE THEIR RESPECTIVE
LAWFUL ELECTION PROPAGANDA MATERIALS IMMEDIATELY AFTER
THE EXPIRATION OF THE CAMPAIGN PERIOD SET FORTH BY LAW.”

Section 2. The same law is hereby amended by adding a new section which shall
be read as follows

“SECTION 82-A. BOND; REQUIREMENT FOR. IN ORDER TO INSURE
THAT THE LAWFUL ELECTION PROPAGANDA MATERIALS ENUMERATED
IN THE IMMEDIATELY PRECEEDING SECTION BE PROPERLY REMOVED
AFTER CAMPAIGN PERIOD, EVERY CANDIDATE AND/OR POLITICAL
PARTIES SHALL BE REQUIRED TO PUT UP A BOND, CASH OR SURETY, IN
SUCH AMOUNT AS THE COMMISSION ON ELECTIONS MAY PRESCRIBE
THROUGH APPROPROATE RULES AND REGULATIONS. SHOULD THE
CANDIDATE AND/OR POLITICAL PARTIES FAIL TO REMOVE THEIR
CAMPAIGN PROPAGANDA MATERIALS, THE COMELEC SHALL BE
CHARGED AGAINST THE BOND TO BE POSTED BY THE CANDIDATES.”

Section 3. The same law is hereby amended by adding a new section which shall
read as follows:

“SECTION 82-B. AUTHORITY OF THE COMELEC TO PROMULGATE
RULES; COMMISSION ON ELECTIONS OFFENSE. THE COMMISSION ON
ELECTIONS SHALL PROMULGATE APPROPRIATE RULES AND


REGULATIONS IMPLEMENTING THE PROVISIONS OF THIS ACT.
FURNISHING COPIES WHICH ALL POLITICAL PARTIES AND
CANDIDATES.

VIOLATIONS OF THIS ACT AND THE RULES AND REGULATIONS
ISSUED BY THE COMMISSION ON ELECTIONS IMPLEMENTING THIS ACT
SHALL BE PUNISHABLE AS AN ELECTION OFFENSE UNDER THE FIRST
PARAGRAPH OF SECTION 264 OF THE OMNIBUS ELECTION CODE.”

Provided That with the introduction of the two (2) new sections, Batas Pambansa
Blg. 881, otherwise known as the Omnibus Election is hereby renumbered accordingly.

Section 4, Repealing clause. All Acts or part of Acts, Executive Orders and their
implementing rules inconsistent with the provision of this Act hereby repealed, amended
or modified accordingly.

Section 5. Separability clause. If any provision of this Act is declared invalid,
the remainder of this Act or any provision not affected thereby shall remain in force and
in effect.

Section 6. Effectivity clause. This Act takes effect fifteen (15) days after its

complete publication in the Official Gazette or in two (2) newspapers of general
circulation, whichever comes earlier.

Approved