FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 3222

EXPLANATORY NOTE

Direct grassroots participative democracy is best exemplified by the
periodic electoral and political exercises which give meaning to the declarations
in the Constitution that “Sovereignty resides in the people and all government
authority emanates from them” and that “Public office is a public trust.”

Gleaned from the failures experienced and the lessons learned from past
elections, in the light of the nation's quest for restoration of credibility and
integrity of our electoral processes, it is absolutely imperative to pursue and
introduce additional reforms and modernization to the current electoral processes
to be more responsive to the changing political scenery so that posterity,
progress and good governance be attained thereby through a continuing
development of free, orderly, honest, peaceful and credible elections.

This bill seeks to introduce the much needed reforms and modernization
to the current electoral processes.

Approval of this bill is earnestly sought.

RUFU$ B. RODRIGUEZ

swoon JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION >:

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__3222

AN ACT
INTRODUCING ADDITIONAL REFORMS IN THE ELECTORAL SYSTEM AND
FOR OTHER PURPOSES

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

Section 1. Title. - This Act shall be known and cited as “The Electoral
Reforms Law of 2010”.

Section 2. Declaration of Policy. - \t is the policy of the State to ensure
free, orderly, honest, peaceful and credible elections and assure the secrecy
and sanctity of the ballot as well as guarantee equal opportunity for public
service in order that the results of elections, plebiscites, referenda and other
electoral exercises shall be accurately reflective of the genuine will of the
people.

Section 3. Law governing elections, — The synchronized local and
national elections in May 2010 and all subsequent elections, referenda,
plebiscites and other electoral exercises shall be governed by this act and by the
provisions of Batas Pambansa Big. 881, otherwise known as the Omnibus
Election Code of the Philippines, and other election laws not inconsistent with
this act

Section 4. Full implementation of automated election system. — For
the May 2010 synchronized national and local elections and all subsequent
elections and plebiscites, the Commission on Elections shall fully implement the
automated election system provided for under Republic Act No. 8436 for the
process of voting, counting of votes and canvassing/consolidation of results of
the national and local elections in all areas within the country for all positions.

Section 5. Regular elections in ARMM. — National and local elections in
the Autonomous Region in Muslim Mindanao (ARMM) shall be held and


conducted one (1) month in advance of the schedule of regular national and
local elections in all other areas in the country.

Section 6. Election and campaign periods. — Unless otherwise fixed in
special cases by the Commission on Elections, the election period shall
commence one hundred twenty (120) days before the day of the election and
shall end thirty (30) days thereafter.

The period of campaign shall be as follows:

1. Presidential, Vice-Presidential, Senatorial and Party List election —
120 days;

2. Election of Members of the House of Representatives and local
election — 90 days;

3, Barangay election - 15 days

The campaign periods shall not include the day before and the day of the
election.

Section 7. Composition and per diems of Board of Election
Inspectors. - The Board of Election Inspectors to be constituted by the
Commission on Elections under Section 164 of Batas Pambansa Blg. 881, as
amended by Section 13 of Republic Act No. 6646, directly or through its duly
authorized representatives, shall be composed of a Chairman, a Poll Clerk and a
Third Member, all of whom shall be public school teachers giving preference to
those with permanent appointments, plus two (2) additional members each
representing and nominated by the administration party and dominant minority
party. The per diems of all the members of the Board of Election Inspectors shall
be paid by the Commission on Elections.

Section 8. Printing of electoral forms. — The official ballots, election
returns and all other electoral forms, papers and documents to be used by the
Commission on Elections in any election, plebiscite, referendum and other
electoral exercises shall be printed exclusively by the National Printing Office
and/or the Bangko Sentral ng Pilipinas printing facilities, under the exclusive
supervision and control of the Commission on Elections which shall determine
and provide the necessary security measures in the printing, storage and
distribution thereof. No electoral forms, papers and documents shall be printed
in excess of that which is allowed to be printed pursuant to the ratio provided by
law. The printing of electoral forms, papers and documents by any entity other
than the National Printing Office or the Bangko Sentral ng Pilipinas printing
facilities and the printing of electoral forms, papers and documents in excess of
that which is allowed by law shall constitute the election offense of electoral
sabotage.



Section 9. Posting of campaign materials. — Candidates, political
parties and party-list groups may post any lawful propaganda materials in private
places with the consent of the owner thereof and in public places and property
which shall be allocated equitably and impartially among the candidates, political
parties and party list groups: Provided, that nails, tuckers or staple wires cannot
be used in posting campaign materials on plants and trees.

Section 10. Limitation upon expenses of candidates and political
parties. - No candidate shall spend for his election campaign an aggregate
amount exceeding the total amount of what he will legally earn by way of ‘salary
and other emoluments from his elective position for the entire single term of
office. A duly accredited political party may spend for the election of its
candidates in the constituency or constituencies where it has official candidates
an aggregate amount not exceeding the equivalent of what its candidates can
lawfully spend as provided in the preceding sentence of this section.

Section 11. Limitation upon elective officials. — An elective official who
at midterm runs for any other elective position shall be considered automatically
resigned from office upon his filing of a Certificate of Candidacy for such other
elective position. Elective positions vacated by those running for other positions
shall be filled up in the same election.

Section 12. Resolutions of election cases. — Electoral cases filed with
the courts and the Commission on Elections shall be resolved and disposed of by
the courts and the Commission on Elections not later than the first trimester of
the term of office of the position subject of the case.

Section 13. Limitation upon party affiliation. - Every elective official
shall maintain his affiliation with the political party under which he was elected to
office for the duration of his term of office, except for the last six (6) months
preceding the expiration of his term of office. Any elective official who has been
suspended or expelled for whatever reasons during his term of office by the
political party under which he was elected to office shall be ineligible to affiliate

with any other political party except for the last six (6) months preceding the
expiration of his term of office.

Section 14, Nullification of excess votes. — The votes of any candidate
which exceed the number of votes cast or the number of registered voters in any
precinct shall automatically be nullified by the Board of Election Inspectors

Section 15. Counting of Votes for President and Vice-President by
Congress as the National Board of Canvassers for the Election of President
and Vice-President. - When it appears that any certificate of canvass or
supporting statement of votes by precinct bears erasures or alterations which
may cast doubt as to the veracity of the number of votes stated therein and may


affect the result of the election, upon request or motion of the Presidential or Vice
Presidential candidate concerned or his counsel or party, Congress or its joint
congressional committee created to canvass the votes for President and Vice-
President shall, for the sole purpose of verifying the actual number of votes cast
for President and Vice-President, automatically refer to and open the copy of the
election returns submitted to Congress of the precinct or precincts involved and
immediately count and canvass the votes as they appear in the copies of said
election returns submitted to Congress. Congress or its joint congressional
committee created to canvass the votes for President and Vice-President cannot
refuse or defer the opening of the congressional copy of election returns for
purposes of counting and canvassing the votes stated therein, much less simply
note such motion or request made by a Presidential or Vice Presidential
candidate concerned or his counsel or party. A violation of this provision shall
constitute the election offense of electoral sabotage.

Section 16. Penalties. — a) Any candidate or official of any political party
who violates the provisions of Sections 6, 9 and 10 hereof shall be punished with
imprisonment of not less than six (6) years but not more than twelve (12) years
or a fine ranging from Fifty Thousand Pesos (Php50,000.00) to Five Hundred
Thousand Pesos (Php500,000.00) or both. Such candidate or political party
Official shall likewise be disqualified to hold public office. The political party which
violates the provisions of Sections 6, 9 and 10 hereof shall pay a fine of not less
than One Hundred Thousand Pesos (Php100,000.00) but not more than One
Million Pesos (Php1,000,000.00). Such political party shall likewise be subject to
administrative sanctions by the Commission on Elections which shall include
temporary or permanent cancellation of the party's registration.

b) Any public official or private individual who violates the provisions of
Section 8 or any member of Congress who violates the provisions of Section 15
hereof shall be punished with imprisonment of not less than twelve (12) years but
not more than twenty (20) years or a fine ranging from Five Hundred Thousand
Pesos (Php500,000.00) to One Million Pesos (Php1,000,000.00) or both. Such
public official, member of Congress or private individual shall likewise be
disqualified to hold public office.

c) Any elective official who violates the provisions of Section 13 hereof
shall be disqualified to hold public office. Any political party who accepts the
affiliation of any elective official in violation of the provisions of Section 13 hereof
shall likewise be subject to administrative sanctions by the Commission on

Elections which shall include temporary or permanent cancellation of the party's
registration.

Section 17. Separability Clause. - If any part or provision of this Act shall
be declared unconstitutional, the validity and effectivity of the other parts and
provisions shall not be affected thereby.


Section 18. Repealing Clause. - Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order, rule or
regulation contrary to or inconsistent with the provisions of this Act is hereby
repealed, modified or amended accordingly.

Section 19. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general circulation.

Approved