Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila

16'" CONGRESS
Third Regular Session

6302

HOUSE BILL NO.

Introduced by Honorable EVELINA G. ESCUDERO.

EXPLANATORY NOTE

Republic Act No. 8436 or the Act authorizing the Commission on Elections
(COMELEC) to use an automated election system in the May 11, 1998 elections, specifically
Section 11 thereof, exempts candidates from unlawful acts or omissions that may be
committed during elections prior to the start of the campaign period. Hence within that
period, candidates can engage in all sorts of political activities almost unhampered.

Consequently, elections have been consistently costly thereby favoring moneyed
candidates and “well-oiled” political machineries. This has to be revisited, if not changed, if
only to level the playing field in an election.

Thus, this bill proposes the deletion of the second proviso in the third paragraph of
Section 11 of RA No. 8436 thereby subjecting candidates to unlawful acts or omissions even
before the start of the campaign period.

By law and logic, any individual who files his or her certificate of candidacy is
deemed a candidate. As such, that candidate must already be subjected to unlawful acts or
omissions as may be promulgated by law or regulation.

Consequently, this bill is respectfully submitted for consideration and approval.

tdi

EVELINA G. ESCUDERO,


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila
16" CONGRESS
Third Regular Session

9
HOUSE BILL NO. 6302

Introduced by Representative EVELINA G. ESCUDERO

AN ACT
REPEALING THE SECOND PROVISO IN THE THIRD PARAGRAPH OF
SECTION 11 OF REPUBLIC ACT NUMBER 8436 THEREBY SUBJECTING
CANDIDATES TO UNLAWFUL ACTS OR OMISSIONS PRIOR TO THE START
OF THE CAMPAIGN PERIOD

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

SECTION 1. Declaration of Policy. — It is hereby declared a policy of the State to
institutionalize and maintain integrity and honesty in all elections, especially in the manner by
which all candidates for any elective position engage in an election campaign or partisan
political activity. Towards this end, the State shall ensure fairness and equity among candidates
by subjecting them to the unlawful acts and omissions during elections upon the filing of the
certificate of candidacy.

SEC. 2. Unlawful Acts or Omissions Applicable to Candidates. — The unlawful
acts or omissions during elections, as promulgated by law or the Commission on Elections, shall
be applicable to all candidates upon the filing of the certificate of candida

Consequently, the second proviso in the third paragraph of Section 11 of
Republic Act No. 8436 is hereby rendered ineffective.

SEC. 4. Separability Clause.-If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.

SEI Repealing Clause.~All laws, decrees, orders, rules and regulations and
other issuances or parts thereof which are inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 6. Effectivity. -This Act shall take effect fifteen (15) days following its
complete publication in the Official Gazette or in at least (2) national newspapers of general
circulation whichever comes earlier.

Approved,