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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
O"1ClE Of 1'141' SFf.RHAm' 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
10 JUl 22 119:26 
"SEN~TE 
S.No. 1867 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
In the history of our Republic, violence, terrorism and similar forms of 
criminality, which may have been orchestrated or otherwise, were used as a tool to justify 
the continued grip on the reins of government by an existing administration. The state of 
criminality in certain parts of the country such as the spate of kidnapping carried out by 
former Moro rebels in Mindanao may likewise be used by an administration to hold on to 
their position. The previous administration was even suspected to be behind the 
kidnappings, a way of leading toward a failure in the presidential elections that were to 
follow. 
Under the Election Code, B.P. BIg. 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 a case, the incumbent 
president will stay on in a holdover capacity. 
This present bill seeks to make it compulsory for Congress to declare a President 
and Vice-president Elect even if a failure of election is declared in some polling places. 
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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 bane, as the 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: 
• This bill was originally filed during the Thirteenth Congress, First Regular Session. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
,'t; 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
1 0 JlJl 22 
Jl. 9 :26 
SENATE 
S.No: 1867 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
. 1./ 
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AMENDING B.P. BLG. 881, ALSO KNOWN AS THE OMNIBUS ELECTION CODE, 
3 
SECTION 6, ON FAILURE OF ELECTIONS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Batas Pambansa Bilang 881, otherwise known as the Omnibus 
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Election Code, is hereby amended to read as follows: 
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"Sec. 6. Failure of election. - If, on account of force majeure, 
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vio 1ence, terrorism, fraud, or other analogous causes the election in any 
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polling place has not been held on the date fixed, or had been suspended 
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before the hour fixed by law for the closing of the voting, or after the 
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voting and during the preparation and the transmission of the election 
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returns or in the custody or canvass thereof, such election results in a 
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failure to elect, and in any of such cases the failure or suspension of 
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election would affect the result of the election, the Commission shall, on 
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the basis of a verified petition by any interested party and after due notice 
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and hearing, call for the holding or continuation of the election not held, 
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suspended or which resulted in a failure to elect on a date reasonably close 
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to the date of the election not held, suspended or which resulted in a 
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failure to elect but not later than thirty days after the cessation of the cause 
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of such postponement or suspension of the election or failure to elect. 
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IN ANY EVENT, THE RETURNS OF EVERY ELECTION 
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FOR PRESIDENT AND VICE-PRESIDENT, DULY CERTIFIED 
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BY THE BOARD OF CANVASSERS OF EACH PROVINCE OR 
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CITY, SHALL BE TRANSMITTED TO CONGRESS, DIRECTED 
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TO THE PRESIDENT OF THE SENATE. CONGRESS SHALL, 
) 
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THENCEFORTH, PROCLAIM THE PRESIDENT AND VICE-
9 
PRESIDENT 
ELECT 
IN 
ACCORDANCE 
WITH 
THE 
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CONSTITUTION, ARTICLE 7, SECTION 4." 
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SECTION 2. Repealing Clause. - Any law, presidential decree or lssuance, 
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execu\ive order, letter 0 f instruction, administrative order, rule or regulation contrary to 
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or inconsistent with, the provisions 0 f this Act is hereby repealed, modified or amended 
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accordingly. 
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SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
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its publication in at least two (2) newspapers of general circulation. 
Approved, 
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