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THIRTEENTH CONGRESS OF 
Firsf Regular Session 
TBE REPUBLIC OF THE PHILIPPINES 
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1820 
S.B. No. 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The primary election law of the land, most commonly known as the Omnibus 
Election Code of the Philippines, does not provide for a clear and distinct provision 
regarding the filing of petition to annul or suspend proclamation of winning candidates. 
In this regard, this representation intends to incorporate into said statute specific 
provision which would provide the grounds and bases for the filing of said petition to 
annul a proclamation, so as to finally address legal queries regarding this aspect of the 
electoral process. 
Thus, urgent passage of this proposed legislation is hereby sought. 
RCITO ESTRADA (I 
Senator 
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THIRTEENTH CONGRESS OF 
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T.HE REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
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S.B. No. 
1820 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
AN ACT 
TO AMEND BATAS PAMBANSA BLG. 881, OTHERWISE KNOWN AS THE 
OMNIBUS ELECTION CODE bF THE PHILIPPINES, AS AMENDED, AND 
FOR OTHER PURPOSES 
Be it enacted by the Senute undHouse ofRepresentutives ofthe Philippines in Congress 
assembled: 
SECTION 1. - Section 248 of Batas Pambansa Blg. 881, otherwise known as the 
Omnibus Election Code of the Philippines is hereby amended to read as follows: 
"SEC. 248. PETITION TO AMVUL P R O C M l T O N ;  EFFECT. 
- A PETITION TO ANNUL THE PROCLAMATION OF ANY 
CANDIDATE MAY BE FILED WITH THE COMMISSION WITHIN 
FIVE (5) DAYS FROM PROCLAMATION. - The filing [with the 
Commission] of [a] SUCH petition [to annul or to suspend the 
proclamation of any candidate] shall suspend the running of the period 
within which to file an election protest or quo warranto proceedings." 
SEC 2. - Article XX of Batas Pambansa Blg. 881 is also amended to include the 
following new provisions: 
"XEC. 248-A. GROUNDS FOR PETITION TO ANNUL 
PROCLMUOA? - A PETITION TO ANNUL PROCLAMATION 
MAY BE FILED ON ANY QF THE FOLLOWING GROUNDS: 


1) 
THE 
CANVASSED 
ELECTION 
RETURNS 
OR 
CERTIFICATES OF CANVASS ARE INCOMPLETE, 
CONTAIN MATERIAL DEFECTS, APPEAR TO BE 
TAMPERED WITH OR FALSIFIED, OR CONTAIN 
DISCREPANCIES IN THE! SAME RETURNS OR lN 
OTHER AUTHENTIC COPIES THEREOF; 
2) 
THE ELECTION RETURNS OR CERTIFICATE OF 
CANVASS 
WERE 
PREPARED UNDER 
DURESS, 
THREATS, COERCION OR INTIMIDATION, OR ARE 
NOT AUTHENTIC; AND 
WHEN SUBSTITUTE OR FRAUDULENT RETURNS OR 
CERTIFICATES IN CONTESTED PRECINCTS W E E  
CANVASSED, THE RESULT OF WHICH MATERIALLY 
AFFECTED THE STANDING OF THE AGGRIEVED 
CANDIDATE OR CANDIDATES.” 
3) 
SEC 3. Repealing Clause. - All laws, presidential decrees, issuances, orders, 
rules and regulations or any part thereof inconsistent herewith are hereby amended, 
repealed or modified accordingly. 
SEC 4. Egectivity Clause. - This Act shall take effect after fifteen (15) days 
following the completion of its publication in the OfJzaZ Gazette or in at least two (2) 
newspapers of general circulation. 
Approved,