EIGHTEENTH CONGRESS OE THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E  
Senate Bill No.
• j i ' , ' l l  
■^%'e'U‘vTe
T9 
JUL 22 A9 -03
Introduced by Senator FRANCIS N. PANGILINAN
AN ACT
AMENDING SECTION 15 OF REPUBLIC ACT NO. 8436 OTHERWISE KNOWN AS 
AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN 
AUTOMATED ELECTION SYSTEM IN THE MAY 11,1998 NATIONAL OR LOCAL 
ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL 
EXERCISES, AS AMENDED BY REPUBLIC ACT NO. 9369 AND FOR OTHER 
PURPOSES
EXPLANATORY NOTE
Under Section 80 and Section 264 of the Omnibus Election Code, premature 
campaigning {i.e., campaigning outside the campaign period) shall be punishable by 
imprisonment of one to six years, disqualification to hold public office, and the 
deprivation of the right of suffrage.
However, premature campaigning has been effectively decriminalized by the 
Supreme Court in Penera v. COMELEC (G.R. No. 181613, November 25, 2009). The 
Supreme Court ruled that a candidate may be liable for election offenses, including 
premature campaigning, "only upon the start of the campaign period" citing Section 15 
of Republic Act No. 8436, as amended by Republic Act No. 9369 which states that a 
person who files a certificate of candidacy "shall only be considered as a candidate at 
the start of the campaign period." Put simply, candidates may not be liable for election 
offenses, including premature campaigning, outside of the campaign period.
Following Penera, acts such as the airing of political TV and radio advertisements 
and the posting of collaterals before the campaign period remain unpunished and 
unregulated. Wealthy candidates have an undue advantage over poorer candidates. In 
this connection, the constitutional mandate to ensure equal opportunity, time, and 
space among candidates is not being followed.
This bill proposes to amend Section 15 of Republic Act No. 8436, as amended by 
Republic Act No. 9369, to clarify that candidates may be liable for election offenses, 
including premature campaigning, even before the campaign period.
In view of the foregoing, the passage of this bill is earnestly sought.
FRAN
.PANGILINAN


EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
Senate Bill No. 633
• O lia  of i:>f S'* 1 1- ‘ f. u.-p
'19 
JUL 22 A9«3
Introduced by Senator FRANCIS N. PANGILlNAN
AN ACT
AMENDING SECTION 15 OF REPUBLIC ACT NO. 8436 OTHERWISE KNOWN AS 
AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN 
AUTOMATED ELECTION SYSTEM IN THE MAY 11,1998 NATIONAL OR LOCAL 
ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL 
EXERCISES, AS AMENDED BY REPUBLIC ACT NO. 9369 AND FOR OTHER 
PURI>OSES
Be it enacted by the Senate and the House of Representatives of the Republic of the Philippines 
in Congress assembled:
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SECTION 1. Section 15 of Republic Act No. 8436, as amended by Republic Act No.
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9369, is hereby further amended to read as follows:
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"Section 15. Official Ballot. - xxx
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xxx
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For this purpose, the Commission shall set the deadline for the filing of
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certificate of candidacy/petition of registration/manifestation to participate
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in the election. 
A[ny] person [who] SHALL BE CONSIDERED A
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CANDIDATE AT THE MOMENT SUCH PERSON files [his] A certificate of
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candidacy within [this period shall only be considered as a candidate at the
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start of the campaign period for which he filed his certificate of candidacy]
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THE PERIOD PROVIDED BY THE COMMISSION: Provided, That,
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unlawful acts or omissions applicable to a candidate shall take effect [only]
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upon [the start of the aforesaid campaign period] THE FILING OF THE
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CERTIFICATE OF CANDIDACY: Provided, finally. That any person holding
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a public appointive office or position, including active members of the armed


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forces, and officers, and employees in government-owned or-controlled 
corporations, shall be considered ipso facto resigned from [his/her] office and 
must vacate the same at the start of the day [of the filing of his/her] SUCH 
PERSON FILED A certificate of candidacy.
XXX
SEC. 2. Repealing Clause. - All statutory laws, orders, issuances, rules and 
regulations, and/or parts thereof which are inconsistent with the provisions of this Act 
are hereby repealed or modified accordingly.
SEC. 3. Effectivity. - This Act shall take effect after fifteen (15) days following its 
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,