fe)

Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 2812

Introduced by Rep. FERDINAND ALEXANDER A. MARCOS
1"District, locos Norte

EXPLANATORY NOTE

Nuisance candidates are a bane to any electoral system. Their presence
undermines the integrity of the ballot and distorts the genuine will of the electorate. In
the Philippine context, these individuals are often fielded by rival political actors with
no bona fide intention to seek public office. Their candidacies are filed for improper
purposes—such as to sow confusion among voters through the similarity of names, to
disrupt the electoral prospects of legitimate candidates, or worse, to extort money or
other consideration in exchange for withdrawal.

Even in cases where no material consideration is sought, the mere act of filing a
candidacy in bad faith subverts the electoral process. It creates the risk of
vote-splitting, manipulates public perception, and potentially leads to the
unintentional election of individuals who are not genuinely seeking to serve. Such
conduct, at its core, places the election process in mockery or disrepute, and erodes
public trust in our democratic institutions.

The proposed measure seeks to amend Sections 69 and 261 of Batas Pambansa
Blg. 881, otherwise known as the Omnibus Election Code of the Philippines, by
expanding the grounds for declaring a person a nuisance candidate and penalizing
such acts as election offenses.

Specifically, the bill introduces an explicit ground for disqualification: the filing
of a certificate of candidacy to obtain money, profit, or any other consideration. This
addition responds to the increasing trend of individuals weaponizing the candidacy
process for personal gain or to obstruct legitimate political rivals. The amendment to
Section 261 correspondingly makes such conduct punishable as an election offense,
subject to due notice and hearing before the Commission on Elections.

Much has been said about the Philippines being a democratic state. But as a
representative democracy, the people’s most direct and consequential participation in
governance occurs during elections. It is therefore imperative to ensure that the
electoral process remains credible, fair, and free from manipulation.

EPRE,
SEX
RECEIVED 2)

oATE 31 JuL 205 SI
TIME ze .



17
The House of Representatives, in the Nineteenth (19th) Congress, approved this
measure on Third Reading as House Bill No. 11317 on 30 January 2025, with one
hundred ninety-three (193) Members voting in favor.

Hence, for our democracy to flourish and for the sanctity of the ballot to be
preserved, the early passage of this bill is earnestly sought.

mee ALEXANDER A. MARCOS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 2812

Introduced by Rep. FERDINAND ALEXANDER A. MARCOS
1District, locos Norte

AN ACT
PROVIDING AN ADDITIONAL GROUND FOR CANCELLING THE
CERTIFICATE OF CANDIDACY OF A CANDIDATE AND MAKING THE
ACTS OF A NUISANCE CANDIDATE AN ELECTION OFFENSE,
AMENDING SECTIONS 69, 261 (CC) AND 264 OF BATAS PAMBANSA BLG.
881, AS AMENDED, OTHERWISE KNOWN AS THE "OMNIBUS
ELECTION CODE OF THE PHILIPPINES"

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

SECTION 1. Section 69 of Batas Pambansa Blg. 881, as amended, is hereby
further amended to read as follows:

"Section 69. Nuisance Candidates. - The Commission may, motu
proprio or upon a verified petition of an interested party, AFTER
DUE NOTICE AND HEARING, refuse to give due course to or
cancel a certificate of candidacy, if it is shown that said certificate has
been filed UNDER ANY OF THE FOLLOWING
CIRCUMSTANCES:

(1) To put the election process in mockery or disrepute; or

(2) To cause confusion among the voters by the similarity of the names
of the registered candidates; or

(3) TO OBTAIN MONEY, PROFIT, OR ANY OTHER
CONSIDERATION; OR

(4) BY ANY other circumstances or acts which clearly demonstrate
that the candidate has no bona fide intention to run for the office for
which the certificate of candidacy has been filed and thus prevent a
faithful determination of the true will of the electorate."

SEC. 2. Section 261 (cc) of Batas Pambansa Blg. 881 is hereby amended to read
as follows:


"Section 261. Prohibited Acts. - The following shall be guilty of an
election offense:

XXX

(cc) On candidacy and campaign:
(1) xxx

xXx

(7) ANY PERSON WHO WAS FOUND BY THE COMMISSION,
AFTER DUE NOTICE AND HEARING, TO HAVE FILED A
CERTIFICATE OF CANDIDACY, UNDER ANY OF THE
FOLLOWING CIRCUMSTANCES:

(A) TO PUT THE ELECTION PROCESS IN MOCKERY OR
DISREPUTE;

(B) TO MALICIOUSLY OR DELIBERATELY CAUSE
CONFUSION AMONG THE VOTERS BY SIMILARITY OF
‘THE NAMES OF THE REGISTERED CANDIDATES;

(©) TO OBTAIN MONEY, PROFIT, OR ANY OTHER
CONSIDERATION; OR

(D) BY ANY OTHER CIRCUMSTANCES OR ACTS WHICH
CLEARLY DEMONSTRATE THAT THE CANDIDATE HAS
NO BONA FIDE INTENTION TO RUN FOR THE OFFICE FOR
WHICH THE CERTIFICATE OF CANDIDACY HAS BEEN
FILED AND THUS PREVENT A FAITHFUL
DETERMINATION OF THE TRUE WILL OF THE
ELECTORATE."

SEC. 3. Section 264 of Batas Pambansa Blg. 881, is hereby amended to read as
follows:

"Section 264. Penalties. Any person found guilty of any election
offense under this Code shall be punished with imprisonment of not
less than one year but not more than six years and shall not be subject
to probation. In addition, the guilty party shall be sentenced to suffer
disqualification to hold public office and deprivation of the right of
suffrage. If [he] THE OFFENDER is a foreigner, {he} SAID
INDIVIDUAL shall be sentenced to deportation which shall be
enforced after the prison term has been served. Any political party
found guilty shall be sentenced to pay a fine of not less than ten
thousand pesos, (P10,000.00) which shall be imposed upon such party
after criminal action has been instituted in which their corresponding
officials have been found guilty.


XXX
XXX

ANY PERSON FOUND GUILTY OF THE ELECTION
OFFENSE ENUMERATED UNDER SECTION 261 (CC) (7)
SHALL PAY A FINE OF FIVE HUNDRED THOUSAND PESOS.
(PHP500,000) TO THE COMELEC."

SEC. 4. Within sixty (60) days from the effectivity of this Act, the Commission
on Elections shall promulgate the necessary rules and regulations for the effective
implementation of this Act.

SEC. 5. If any provision or part of this Act is declared unconstitutional or invalid,
the remaining parts or provisions not affected shall remain in full force and effect.

SEC. 6. All laws, presidential decrees, executive orders, rules and regulations,
other issuances and parts thereof which are inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.

SEC. 7. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,