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THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
- 7  
OF THE PHILIPPINES 
1 
First Regular Session 
1 
S E N A T E  
S. B. No. 
I ./’ , 
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Introduced by Senator LWISA “LOI” P. EJERCITO ESTFUDA 
EXPLANATORY NOTE 
In the history of our Republic, violence, terrorism and similar 
forms of criminality, which may have been orchestrated or otherwise, 
were used as a tool to justify the continued grip on the reigns of 
government by an existing administration. The state of criminality in 
certain parts of the country such as the spate of kidnapping carried out 
by former Mor0 rebels in Mindanao may be likewise used by the present 
administration to hold on to their position. 
Under the Election Code, B.P. Blg. 881, Section 6, the Commission 
on Elections has to declare a failure of elections if there is violence and 
terrorism in a significant number of polling places. 
If a failure of 
elections is declared in areas pervaded by 
violence and terrorism, 
Congress would be unable to proclaim a President and Vice-president 
Elect in accordance with the Constitution. In such case, the incumbent 
President will stay on in a hold-over capacity. 
The present bill seeks to make it compulsory for Congress to 
declare a President and Vice-president Elect even if failure of election is 
declared in some polling places. 
Failure of election in a few polling 
places should not be used as an excuse for a failure to proclaim a new 
President. This does not however, curtail the power of the Supreme 
Court, sitting en banc, as sole judge of all contests relating to the 
election, returns and qualifications of the President or Vice-president, to 
subsequently nullify the proclamation by Congress of a President or Vice- 
President Elect if indeed there was force majeure, violence, terrorism, 
fraud or other analogous cases in a number of polling places sufficient to 
alter the results of the election so that such election resulted in a failure 
to elect. 
Immediate enactment of this bill is earnestly sought. 
LUISA 6
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EJERCITO ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC 
1 
OF THE PHILIPPINE 
1 
First Regular Session 
1 
S. B. No. 
Introduced by Senator LUISA “LO19’ P. EJERCITO ESTRADA 
AM ACT 
AMENDING B.P. 881, ALSO KNOWN AS THE OMNIBUS ELECTION 
CODE, SECTION 6, ON FAILURE OF 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. B.P. No. 881, Section 6, is hereby mended to read as 
follows: 
“Sec. 6. Failure of Election. - If, on account 
of 
force majeure, violence, terrorism, fraud, or other analogous 
causes the election in any polling place has not been held on 
the date fixed, or had been suspended before the hour fixed 
by law for the closing of the voting, or after the voting and 
during the preparation and the transmission of the election 
returns or in the custody or canvass thereof, such election 
results in a failure to elect, and in any of such cases the 
failure or suspension of election would affect the result of the 
election, the Commission shall, on the basis of a verified 
petition by an interested party and after due notice and 
hearing, call for the holding or continuation of the election 
not held, suspended or which resulted in a failure to elect on 
a date reasonably close to the date of the election not held, 
suspended or which resulted in a failure to elect by not later 


than thirty days after the cessation of the cause of such 
postponement or suspension of the election or failure to 
elect. 
IN ANY EVENT, THE RETURN OF EVERY ELECTION 
FOR PRESIDENT AND VICE-PRESIDENT, DULY CERTIFIED 
BY THE BOARD OF CANVASSERS OF EACH PROVINCE OR 
CITY, SHALL BE TRANSMITTED TO THE CONGRESS, 
DIRECTED TO 
THE 
PRESIDENT OF THE 
SENATE. 
CONGRESS 
SHALL, 
HENCEFORTH, 
PROCLAIM 
THE 
PRESIDENT 
AND 
VICE-PRESDIENT 
ELECT 
IN 
ACCORDANCE WITH THE CONSTITUTION, ARTICLE 7, 
SECTION 4.” 
SEC. 2. SeparabiZity 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. 
SEC. 3. 
Repealing CZause. - All laws, presidential decrees or 
issuances, executive orders, letters of instruction, administrative orders 
or rules and regulations, which may be inconsistent with this Act shall 
be deemed repealed, amended or modified accordingly. 
SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days 
following its complete publication in two newspapers of general 
circulation. 
Approved, 
GVL/tmd/gvlomnibus