FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
10 Ji -8 AS :23 
SENATE 
Senate Bill No. 830 
" 
-' 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Article II Section 1 of the 1987 Constitution provides: 
"The Philippines is a democratic and republican state. Sovereignty resides 
in the people and all government authority emanates from them." 
Being a democratic and republican state, we adopted a system where a 
majority of our populace is given the chance to choose the persons who deserve 
to be invested with powers to govern them and promote their welfare for a period 
of time. This process is known as an election. A credible, honest, free, clean and 
orderly election, which is truly reflective of the will of the electorate, is what our 
country needs for it to move forward, 
It is sad to note, however', that here in our country, the result of every 
election is, most often, mired by irregularities and anomalies that destroy the 
sanctity of the ballot. Some personalities, particularly candidates who are not 
faring well during elections, employ means, methods, schemes and machinations 
beyond what is legally allowed for their personal advances. This practice should 
not be condoned by the government, but instead, sanctioned with the full extent of 
the law, 
The immediate passage of this bill is therefore earnestly solicited. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
HI JJl -8 A8:23 
SENATE 
Senate Bill No. 830 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO AMEND ARTICLE XXII, SECTION 261 (DD) OF BATAS PAMBANSA BLG. 
881, OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE, AS 
AMENDED, 
TO 
INCLUDE OTHER FORMS OF 
ELECTORAL 
FRAUD, 
PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 261 (dd) of the Batas Pambansa Big. 881, otherwise 
known as the Omnibus Election Code, as amended, is hereby further amended to 
read as follows: 
(dd) 
Other prohibitions: 
(1) 
Any person who sells. Furnishes, other, buys, serves or 
takes intoxicating liquor on days fixes by law for the registration 
of voters in the polling place, or on the day before the election 
or on the election day: Provided, that hotels and other 
establishments duly certified by the Department of tourism as 
tourist oriented and habitually in the business of catering to 
foreign tourist may be exempted for justifiable reasons upon 
prior authority of the Commission: Provided, further, that 
foreign touristtaking intoxicating liquor in said authorized hotels 
or establishments are exempted from the provisions of this 
subparagraph. 
(2) 
Any person who opens in any polling place or within a 
radius of thirty meters thereof on election days and during the 
counting of votes, booths or stalls of any kind for the sale , 
dispensing or display of wares, merchandise or refreshments, 
whether solid or liquid, or for any other purposes. 
(3) 
Any person who holds on Election Day, fairs, cockfights, 
boxing. Horse races, jai-alai or any other similar sorts (Par. (iii), 
(d». 
(4) 
Refusal to carry mail matter. Any operator or employee 
of a public utility or transportation company operating under a 
certificate of public convenience, including government- owned 
or controlled postal service or its employee or deputized agents 
who refuse to carry official election mail matters free of charge 
during the election period. In addition to the penalty 


Prescribed herein, such refusal shall constitute a ground for 
cancellation or revocation of certificate of public convenience or 
franchise (Par. (kkk), (d)). 
(5) 
Prohibition against discrimination in the sale of air time. 
Any person who operates a radio or television station who 
without justifiable cause discriminate against any political, 
coalition or aggroupment of parties or any candidates in the 
sale of air time. In addition to the penalty prescribed herein, 
such refusal shall constitute a ground for cancellation or 
revocation of the franchise. 
(6) 
VOTE-SHAVINGNOTE PADDING. IN ADDITION TO 
THE OFFENSE PENALIZED UNDER ARTICLE 261 (BB)(1)(B) 
HEREOF, ANY PERSON WHO INDUCES OR ATTEMPS TO 
INSPECTORS OR BOARD OF CANVASSERS TO TAMPER, 
INCREASE OR DECREASE THE VOTES RECEIVED BY 
ANY CANDIDATES IN ANY ELECTION IN CONSIDERATION 
OF 
ANY 
PROMISE, 
OFFER, 
GIFT 
OR 
PRESENT, 
PECUNIARY OR OTHERWISE, FOR THE PURPOSE OF 
BENEFITING ANY CANDIDATES AND ENSURING HIS/HER 
ELECTION TO A PUBLIC OFFICES SHALL BE GUILTY OF 
THE CRIME OF VOTE SHAVINGNOTE PADDING. 
VOTE SHAVINGNOTE PADDING OCCURS WHEN 
FOR THE PURPOSE OF BENEFITING AND ENSURING THE 
ELECTION OF ANY CANDIDATES TO A PUBLIC OFFICE, 
ANY 
MEMBER 
OF 
THE 
BOARD 
OF 
ELECTION 
INSPECTORS 
OR 
BOARD 
OF 
CANVASSERS 
IN 
CONSIDERATION OF ANY PROMISE, GIFT, OFFER OR 
PRESENTS, . PECUNIARY OR OTHERWISE, FROM ANY 
PERSON, WILL ALTER, MODIFY OR CHANGE THE VOTES 
OBTAINED BY CANDIDATES EITHER BY: 
(1) REDUCING THE VOTES OBTAINED BY ANY OR 
ALL CANDIDATES AND ADDING IT TO THE VOTES 
OBTAINED BYTHE FAVORED CANDIDATES; 
(2) KNOWINGLY ADDING VOTES TO THE ACTUAL 
VOTES 
OBTAINED 
BY 
THE 
FAVORED 
CANDIDATES; 
(3) KNOWINGLY REDUCING THE ACTUAL VOTES 
OBTAINED BY ANY CANDIDATE EXCEPT THAT OF 
THE FAVORED CANDIDATE. 
ANY PERSON 
FOUND 
GUILTY OF 
THE 
OFFENSE OF VOTE SHAVINGNOTE PADDING 
SHALL BE PUNISHED WITH IMPRISONMENT OF 
NOT LESS THAN TWENTY YEARS BUT NOT MORE 
THAN FORTY YEARS; PROVIDED, THAT IF THE 
OFFENDER IS A PUBLC OFFICIAL OR EMPLOYEE, 
THE PENALTY SHALL BE DEATH; PROVIDED, 
FURtHER, THAT IN ADDITION TO THE PENALTY 
IMPOSED 
HEREIN, 
THE 
OFFENDER 
THAT 
LIKEWISE SUFFER THE ACCESORY PENALTY 


, 
, 
• 
ATTACHED TO THE PRICIPAL PENALTY IMPOSED 
AND D!=PRIVATION OF THE RIGHT TO SUFFRAGE. 
SEC. 2. Separability Clause. -
If any provision or part of this Act is 
declared invalid or unconstitutional, other provision hereof which are not effected 
thereby shall continue to be in full force and effect. 
SEC. 3. Repealing Clause, - All provision of law, orders, decrees, including 
rules and regulations inconsistent herewith are hereby repealed or modified 
accordingly. 
SEC. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days 
following its publication in the Official Gazette or at least two (2) national 
newspapers or circulation. 
Approved,