Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
Third Regular Session 
House Bill No. ____ 
Introduced by Representative 
ROLANDO M. VALERIANO 
EXPLANATORY NOTE 
In the case of Rosalinda A. Penera v. Commission on Elections and 
Edgar T. Andanar1, a candidate for mayor was sought to be disqualified for 
premature campaigning. The Supreme Court said that there can be no 
disqualification because “a candidate is only liable for election offenses only 
upon the start of the election period”. This is because “any person who files 
his certificate of candidacy within (the period for filing) shall only be 
considered as a candidate at the start of the campaign period for which he 
filed his certificate of candidacy.” 
Effectively, the Supreme Court declared that there is no such offense of 
premature campaigning.  
Thus, as we have witnessed in the previous elections, candidates who 
already started campaigning by distributing and posting propaganda materials 
such as posters and billboards, showing political advertisements or appearing 
in television, radio or  any other media, after filing their certificates of 
candidacy but before the 90 or 45 day campaign period, not being charged 
with the election offense of premature campaigning. Moreover, as they did all 
of these things prior to the campaign period, the expenses they incurred will 
not be counted in their reported campaign and election Statement of 
Contributions and Expenditures. 
This bill declares as unlawful the act of premature campaigning, or 
engaging in any “election campaign” or “partisan political activity”, as 
defined under Section 79(b) of the Omnibus Election Code, starting from the 
period of filing of the certificate of candidacy, or the filing of manifestation 
of intention to participate for party-list candidates, until the start of the 
campaign period. It specifically considers any person who files a certificate 
of candidacy, or a partylist which filed a manifestation of intention to 
1  G.R. No. 181613, 25 November 2009. 
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11:15 am


participate, a candidate, even though the campaign period for which the 
person or partylist filed a certificate of candidacy, has not yet started. 
 
The passage of this measure would correct the usual, but very absurd 
situation, every elections, of candidates being allowed to conduct premature 
campaigning. This is especially since after the Automated Elections Law, the 
filing of certificates of candidacy happens around the first week of October. 
The people are bombarded with 4 to 6 months of premature campaigning.  
   
For the following reasons, the immediate consideration and approval of 
this bill is earnestly urged.  
 
 
ROLANDO M. VALERIANO  
Representative 
Manila, 2nd District 
 
 
 
 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
Third Regular Session 
House Bill No. ____ 
INTRODUCED BY REPRESENTATIVE 
ROLANDO M. VALERIANO 
AN ACT 
DEFINING 
THE 
ELECTION 
OFFENSE 
OF 
PREMATURE CAMPAIGNING, AMENDING FOR THE 
PURPOSE SECTION 261(K) OF BATAS PAMBANSA 
BLG. 881, AS AMENDED, OTHERWISE KNOWN AS 
THE OMNIBUS ELECTION CODE, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines 
in Congress assembled: 
Section 1. Short Title – This Act shall be known as the ‘Anti-Premature 
1 
Campaigning Act of 2025’. 
2 
SECTION 2. Prohibition to Engage in  Premature Campaigning.  – 
3 
Section 261 (k) of Batas Pambansa Blg. 881, as Amended, otherwise known 
4 
as the Omnibus Election Code, is hereby amended, to read as follows: 
5 
ARTICLE XXII - ELECTION OFFENSES 
6 
SECTION 261. Prohibited Acts. – The following shall be 
7 
guilty of an election offense: 
8 
Xxx 
9 
(k) Unlawful 
electioneering 
/ 
PREMATURE
10 
CAMPAIGNING. – It is unlawful to solicit votes or undertake 
11 
any propaganda, on the day of registration before the board of 
12 
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election inspectors and on the day of election, for or against any 
1 
candidate or any political party within the polling place and with 
2 
a radius of thirty meters thereof. IT SHALL ALSO BE 
3 
UNLAWFUL 
TO 
CONDUCT 
PREMATURE 
4 
CAMPAIGNING OR  TO ENGAGE IN ANY “ELECTION 
5 
CAMPAIGN” OR “PARTISAN POLITICAL ACTIVITY”, 
6 
AS DEFINED UNDER SECTION 79(B) OF THIS ACT,  
7 
STARTING FROM THE PERIOD OF THE FILING OF 
8 
THE CERTIFICATE OF CANDIDACY, OR THE FILING 
9 
OF 
MANIFESTATION 
OF 
INTENTION 
TO 
10 
PARTICIPATE 
FOR 
PARTY-LIST 
CANDIDATES, 
11 
UNTIL THE START OF THE CAMPAIGN PERIOD, AS 
12 
SCHEDULED BY THE COMMISSION ON ELECTIONS. 
13 
FOR THIS PURPOSE, ANY PERSON WHO FILES A 
14 
CERTIFICATE OF CANDIDACY OR A PARTYLIST 
15 
WHICH FILED A MANIFESTATION OF INTENTION TO 
16 
PARTICIPATE, SHALL ALREADY BE CONSIDERED A 
17 
CANDIDATE, 
EVEN 
THOUGH 
THE 
CAMPAIGN 
18 
PERIOD FOR WHICH THE PERSON OR PARTYLIST 
19 
FILED A CERTIFICATE OF CANDIDACY, HAS NOT 
20 
YET STARTED. 
21 
Xxx 
22 
Section 3. Repealing Clause – All laws, decrees, executive orders, 
23 
presidential issuances and other administrative rules and regulations or parts 
24 


thereof which are inconsistent with this Act are hereby repealed, amended, or 
1 
modified accordingly. 
2 
 Section 4. Separability Clause. – If any provision of this Act is 
3 
declared unconstitutional or otherwise invalid, the validity of the other 
4 
provisions shall not be affected thereby. 
5 
Section 5. Effectivity - This Act shall take effect fifteen (15) days after 
6 
its publication in the Official Gazette or in a newspaper of general circulation. 
7 
APPROVED.