Republic of the Philippines
HOUSE OF REPRESENTATIVES€
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Quezon city, Metro Manila        '
Nineteenth Congress
First Regular Session
HOUSEBILLNo.     8415
t_'*-, TIME
Introduced by Rep. FERDINAND ALEXANDER A. MARCOS
1 St District, Ilocos Norte
EXPLANATORY NOTE
Nuisance  candidates  are  a bane  to  any  electoral  system.  Usually
fielded   by   rival   politicians,   their   candidacy   are   intended   to   cause
confusion  among  the  voters  by  the  similarity  of  the  names   of  the
registered  candidates.   More  often  than  not,  they  have  no  bona  fide
intention  to  run  for public  office,  but  they  have  filed  their  candidacy
anyway simply to  derail  the political  aspiration of opposing politicians.
Whether they are running for money, proflt or any other consideration or
not,  their  mere  participation  in  the  electoral  race  prevent  a  faithful
determination  of the  true  will  of the  electorate.  In  effect,  they put  the
election   process    in   mockery   or   disrepute,    especially   so    if   they
accidentally win.
Much  has  been  said  about  our  country being  a  democratic  state.
But  being  a  representative  type  of democracy  (that  is,  a  republic),  our
people's  only  direct  and  most  visible  form  of democratic  participation
occurs  only  during  elections.  There  is  therefore  a  compelling  need  to
preserve the integrity of our electoral process.
For the foregoing reasons, this bill aims to sanction or put a stop to
the maleficence of nuisance candidates in trying to pervert our electoral
system. For our vibrant democracy to further flourish, we need to restore
the sanctity of the ballot.
Hence, the early approval of this bill is earnestly sought.
FERDINAND ALEXANDER A. MARCOS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
Nineteenth Congress
First Regular Session
HOUSE BILL NO.
8415
Introduced by Rep. FERDINAND ALEXANDER A. MARCOS
1 St District, Ilocos Norte
AN ACT
PROVIDING  AN  ADDITIONAL  GROUND  FOR  CANCELLING
THE    CERTIFICATE    OF    CANDIDACY    0F    A    NUISANCE
CANDIDATE   AND   MAKING   THE   ACTS   0F   A   NUISANCE
CANDIDATE AN ELECTION OFFHNSE, AMENDING SECTIONS
69,   261   (CC)   AND   264   0F   BATAS   PAMBANSA   BLG.   881,
oTHERwr]SE  KNo\VN AS  THE  "oMN]BUS  ELECT[oN CoDE
OF  THE  PHILIPPINES",  AS  AMENDHD,  AND  FOR  OTHER
PURTOSES
Be  it  enacted  by  the  Senate  and  the  House  Of  Representatives  Of  the
Philippines in Congress assembled:
SECTION  1.  Section 69 of Batas Pambansa 81g. 881, as amended,
is hereby further amended to read as follows:
"Sec.  69.  Nuisance  Candidates.  -  The  Commission
may,   motu   propio   or   upon   a   verified   petition   of  an
interested party, AFTER DUE NOTICE AND HEARING,
refuse  to  give  due  course  to  or  cancel  a  certificate  of
candidacy,  if it  shown  that  said  certificate  has  been  filed
UNDER ANY OF THESE CIRCUMSTANCES:
1 .  To put the election process in mockery or disrepute; [er]
2. To cause confusion among the voters by the similarity of
the names of the registered candidates; [er]
3.   TO  OBTAIN  MONEY,  PROFIT,   OR  ANY  OTHER
CONSIDERATION; OR


4.   By   ANY   other   circumstance   or   acts   which   clearly
demonstrate that the candidate has no bona fide intention to
run for the office for which the certificate of candidacy has
been  filed and thus prevent a  faithful  determination of the
true will of the electorate."
SEC.  2.  Section  261  (cc)  of Batas  Pambansa  81g.  881  is  hereby
amended to read as follows:
"Sec.  261.  Prohibited Acts. -The following  shall be guilty
of an election offense:
(cc) On candidacy and campaign:
1)  xxx
XXX
7)    ANY    PERSON    WIIO    WAS    FOUND    BY    THE
COMMISSION,  AFTER DUE NOTICE AND  HEARING,
TO  HAVE  FILED  A  CERTIFICATE  OF  CANDIDACY,
UNDER ANY OF THE FOLLOIVING CIRCUMSTANCE:
A)   TO   PUT   THE   ELECTION   PROCESS   IN
MOCKERY OR DISREPUTE;
8)   TO   CAUSE   CONFUSION   AMONG   THE
VOTERS     BY     SIMILARITY     OF     THE
NAMES         OF         THE         REGI STERED
CANDIDATES;
C)   TO  OBTAIN  MONEY,  PROFIT,  OR  ANY
OTHER CONSIDERATION; OR
D)  BY  ANY  OTHER  CIRCUMSTANCES  OR
ACTS Wr±+[CH CLEARLy DEMONSTRATE
THAT THE CANDIDATE   HAS NO BONA
FIDE   INTENTION   TO   RUN   FOR   THE
OFFICE  FOR  IVIIICH  THE  CERTIFICATE
OF  CANDIDACY  HAS  BEEN  FILED  AND
THUS         PREVENT         A         FAITHFUL
DETERMINATION  OF  THE  TRUE  VILL
OF THE ELECTORATE."


SEC.   3.   Section   264   of  Batas   Pambansa  81g.   881,   is   hereby
amended to read as follows:
"Sec. 264. Penalties. - Any person found guilty of any
election  offense  under  this  Code  shall  be  punished  with
imprisonment of not less than one year but not more than six
years and shall not be subject to probation.  In addition, the
guilty party shall  be  sentenced to  suffer disqualification to
hold 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.  Any
political party found guilty shall be sentenced to pay a fine
of not less than ten thousand pesos, which shall be imposed
upon such party after criminal  action has been instituted in
which their corresponding officials have been found guilty.
XXX
XXX
ANY    PERSON    FOUND     GUILTY     OF     THE
ELECTION       OFFENSE       ENUMERATED       UNDER
SECTION 261  (CC)  (7)  SHALL PAY A FINE OF FIFTY
THOUSAND      (Php      50,000.00)      PESOS      TO      THE
COMMISSION."
EEC. 4. Implementing Rules  and Regulations. -The Corr[rmiss±on
on Elections shall, within sixty (60) days from the effectivity of this Act,
promulgate   the   necessary   rules   and   regulations   for   the   effective
implementation thereof.
SEC.  5. Sepczrczbz./I.fy C/czc{se. -Should any provision of this Act or
part hereof be declared invalid or unconstitutional, the other provisions or
parts not so affected shall remain valid and effective.


SEC.  6.  Repecz/z.#g  C/cz#se.  - All  laws,  decrees,  orders,  rules  and
regulations,  other  issuances,  and  parts  thereof,  which  are  inconsistent
with   the   provisions   of  this   Act,   are   hereby   repealed   or   modified
accordingly.
SEC.  7.  EjTjjlec/z.vz.fy.  -  This  Act  shall  take  effect  fifteen  (15)  days
after its complete publication in the Offlcial Gazette or in any newspaper
of general circulation.
Approved,