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._ 1383

EXPLANATORY NOTE

Elections are crucial exercises of political freedom and might foretell the
political climate in the years to come. With this in mind, it is essential that
upcoming elections are clean, honest and truthful so that the leaders who stand
to be proclaimed will be the genuine ones who are truly chosen by the people
and their mandate acceptable to all with nobody doubting their authority to
govern this nation.

But, that is possible only if we institute electoral reforms. Too many
aspects need to be addressed. However, it is this bill's purpose to address the

aspect of protest since this puts into serious question the proclamation of the
winning candidate

First, fees for protest at present are exorbitant that we have to make them
reasonable to enable the genuine protests to be affordable to the cheated
candidates.

Second, let us make the proclaimed winner who is eventually ousted in
the protest shoulder all costs as punishment for him.

Third, let us put a time limitation to the resolution of protests. Many
unscrupulous victors defy the election code and resort to cheating because they
know that protests take a long time before they are decided.

Fourth, deny the proclaimed candidate payment of benefits while the
protest is heard

Fifth, candidates found cheating to secure victory but are eventually
ousted must be barred from running again or holding any government post as
punishment.


Lastly, hold those involved in delaying resolution of protests criminally
liable.

It is hoped that if enacted into law, the bill will make the prospective
cheater and his supporters think twice before resorting to fraud just to insure his

false victory. On the other hand, it will restore the confidence of the electorate in
the electoral process as the stabilizing political solution to our political instability.

\
RUFUS B. Splicuez
MAXIMO. Loree 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.

1383

House Bill No.

AN ACT
RATIONALIZING THE PROCEEDINGS IN AND RESOLUTION OF
ELECTORAL PROTESTS AND FOR OTHER PURPOSES

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

SECTION 1. Title of this Act. — This Act shall be known as the “Fair
Electoral Protest Act of 2010.”

SEC. 2. Declaration of Principles. —

(a) Election as the bedrock of democracy serves the genuine medium to
determine the people's choice of leaders who are to govern them;

(b) Any effort that subverts such choice deserves severe sanction;
henceforth, election fraud must be eradicated, if not minimized;

(0) candidates who are cheated in an election are entitled to contest the
results by fair and inexpensive means as well as to indemnity; and,

(d) all electoral contests must be resolved with dispatch and at a certain
period of time.

SEC. 3. Scope of this Act. - This Act shall apply to all elective positions
in the national, local and barangay levels.

SEC. 4. Continuing Effectivity of Electoral Protest Proceedings;
Exception. — Proceedings governing the election contests or protests for the
position of President, Vice-President, Senator and Representatives as now
provided by existing rules of their respective electoral tribunals, as well as those
for local and barangay officials as provided for in the Omnibus Election Code, the


Local Government Code and other special laws shall remain operative except as
to the following:

(a) Filing Fees. — Filing fees must be reasonable and cover only
administrative costs for accepting and docketing the protests;

(b) Deposit for Costs. - Deposits for costs to cover the revision of
contested votes must cover only reasonable administrative expense
and shall be shared equally by the protestant and the protestee;
Provided, However, that in case of counter-protest by the protestee,
only the protestee shall bear the cost unless the same precinct subject
of the main protest is the same precinct subject thereof, in which case,
no further costs shall be assessed;

(c) Revisor’s Fees. — Fees for the revisors respectively chosen by the
protestant and protestee shall be borne solely by each of them;
Provided, However, that no part of such fee shall be included in the
computation of deposit for costs;

(d) Reimbursement of Costs and Fees. - In case the protest of the
defeated candidate is sustained and the proclaimed winner's election
is nullified, the latter shall immediately reimburse to the former all the
costs and fees incurred or paid to the electoral tribunal, COMELEC,
RTC, MTC as the case may be, as well as to his revisors.

SEC. 5. Expeditious Resolution of Protests. — Notwithstanding any
provision of law or rules and regulations to the contrary notwithstanding, all
election contests or protests shall be resolved expeditiously but not later than the
following periods:

(a) For President, Vice-President and Senators, twenty-four (24) months

following the proclamation of the candidate whose election is
contested;

(b) For Representatives and local officials, twelve (12) months following
the proclamation of the candidate whose election is contested; and,

(c) For barangay officials, six (6) months following the proclamation of the
candidate whose election is contested

SEC. 6. Effect if Protest Unresolved within Period; Sanctions for
Delay. — In the event the protest is not resolved within the period fixed in Section
5 hereof, the candidate whose election is challenged shall be considered on
holdover status and shall not be entitled to any salaries, allowances, emoluments
or other monetary compensation commencing upon the lapse of said fixed
periods and shall remain so until the protest is resolved in his favor; Provided,


However, that if the protest is resolved in favor of the defeated candidate, all the
salaries, allowances, emoluments or other monetary compensations due from
such time shall be paid to him; Provided, Finally, if the delay in the resolution is
due to the fault of either the proclaimed winner or his counsel, or the defeated
candidate or his counsel, the party at fault shall not be entitled to the salaries,
allowances, emoluments or other monetary compensations corresponding to the
number of months that he had caused the delay in such resolution.

SEC. 7. Disqualification of Ousted Winner. - A candidate whose
proclamation as winner is nullified or reversed by the Electoral Tribunal,
COMELEC, RTC or MTC, as the case may be, shall be disqualified from running
for any elective position, national, local or barangay level, for the succeeding two
(2) elections following his ouster; Provided, However, that this disqualification
shall take effect immediately regardless of the pendency of any appeal from the
court, the COMELEC or Electoral Tribunal, that ousted him.

SEC. 8. Ineligibility for Appointment. — Further, the candidate whose
proclamation as winner is nullified or reversed by the Electoral Tribunal,
COMELEC, RTC or MTC, as the case may be, shall not be eligible for

appointment in any position in the Government for a period of six (6) years
following his ouster.

SEC. 9. Violations of this Act Treated as Election Offense. — The
following acts shall be treated as an election offense and shall be punished in
accordance with and pursuant to Sec. 264 of the Omnibus Election Code:

(a) Any election officer who certifies to the candidacy of the ousted winner
‘as specified in Sec. 7 notwithstanding his disqualification.

(b) Any public officer who appoints the ousted winner to any public office
as specified in Sec. 8 hereof notwithstanding his ineligibili

(c) Any treasurer or public officer who pays the salaries, allowances,
emoluments or other monetary compensations of the proclaimed

winner whose election is the subject of the protest despite the lapse of
the period fixed in Sec. 6 hereof,

(d) Any public officer who overcharges the defeated candidate who has
filed his protest more than the fees fixed in Sec. 4 hereof,

() Any Judge or COMELEC official who shall fail to resolve the protest
beyond the period fixed in Sec. 5 hereof for reasons not due to the
fault of any of the parties or other justifiable reasons;


( Any person, including lawyers and witnesses, whose act or omission
shall have caused the undue delay in the resolution of the election
protest within the period fixed in Sec. 5 hereof,

SEC. 10. Effectivity Clause. — This Act shall take effect fifteen (15) days

following its complete publication in at least two (2) newspapers of general
circulation.

Approved.