Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

1378

House Bill No.

Introduced by Representative Fredenil H.Castro

AN ACT
IDENTIFYING OTHER PERSONS CRIMINALLY LIABLE FOR ELECTION OFFENSES
AND INCREASING THE PENALTIES FOR ELECTION- RELATED OFFENSES,
AMENDING SECTIONS 263 AND 264 OF BATAS PAMBANSA BILANG 881, AS
AMENDED OR THE “OMNIBUS ELECTION CODE OF ‘THE PHILIPPINES”, AND
SECTION 46 OF REPUBLIC ACT NO. 8189 OR “THE VOTER’S REGISTRATION ACT
OF 1996”

EXPLANATORY NOTE

Strict implementation is not the only factor in order for a law to be effective. ‘The law
must be dynamic and must constantly evolve with the changing time and must attune with the
Current environment and prevailing culture. For the past years, Congress has endeavored to
define acts and/or practices that are inimical to the conduct of clean, honest, fair and orderly
elections. Sufficient election laws have been passed and enacted by Congress detailing acts
and omissions as election offenses and prescribing penalties therefor. Regrettably, the
penalties provided for in those election laws have become, under the measure of the present
time, inadequate and insignificant in order to deter violators. Necessarily, it is now
imperative to reclassify certain election offenses and adjust the penalties provided therefor.

This bill proposes to re-classify the gravity of certain election offenses and to increase
the penalties prescribed for the commission of the election offenses in order to make election
laws better and more effective in curbing election related offenses, with the end view of
ensuring clean, honest, fair and orderly elections.

Accordingly, the passage of this bill is imperative and earnestly sough

Representative, 2™ Dist. Capiz



EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION d

HOUSE OF REPRESENTATIVES,

Introduced by the Representative Fredenil H. Castro

1378
House Bill No.

AN ACT
IDENTIFYING OTHER PERSONS CRIMINALLY LIABLE FOR ELECTION OFFENSES
AND INCREASING THE PENALTIES FOR ELECTION- RELATED OFFENSES,
AMENDING SECTIONS 263 AND 264 OF BATAS PAMBANSA BILANG 881, AS
AMENDED OR THE “OMNIBUS ELECTION CODE OF 'THE PHILIPPINES”, AND
SECTION 46 OF REPUBLIC ACT NO. 8189 OR “THE VOTER’S REGISTRATION ACT
OF 1996”

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

SECTION 1. The State shall ensure fair, honest, orderly and peaceful elections, safeguard
the integrity and sanctity of the ballot and uphold the sovereign will of the electorate. It shall
impose greater penalties for election offenses, more so when attended by Violence, coercion,
intimidation, force or threats

SEC. 2. Section 263 of Batas Pambansa Bilang 881, as amended, is I hereby further amended
to read as follows:

“SEC. 263. Persons criminally liable- The principals, accomplices, and
accessories, as defined in the Revised Penal Code, shall be criminally liable for
election offenses. If the one responsible be a political party or an entity, its president
or head, the officials and employee of the same, performing duties connected with the
offense committed and its members who may be principals, accomplices, or
accessories shall be SEPARATELY liable, in addition to the liability of such party ot
entity. THE PERSON WHO MAY BE HELD CRIMINALLY LIABLE FOR
ELECTION OFFENSE SHALL INCLUDE THE MEMBERS OF THE
BOARD OF ELECTION INSPECTORS, THE MEMBERS OF THE
BOARD OF CANVASSERS AND/OR OFFICIALS OF THE COMMISSION
ON ELECTIONS WHO AID, ASSIST OR PARTICIPATE, DIRECTLY OR
INDIRECTLY, TO THE COMMISSION THEREOF.”

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

“SEC 264. Penalties. - (A) Any person found guilty of any election offense

under this Code shall be punished with imprisonment of not less than [one year] SIX


YEARS AND ONE DAY but not more than [six] TWELVE years and shall not be
subject to probation. In addition, the ‘guilty party shall be sentenced to suffer
PERPETUAL disqualification to hold public office and deprivation of the right of
suffrage. If fhe] THE GUILTY PARTY is a foreigner, [he shall be sentenced to]
THE SENTENCE SHALL BE ONE OF deportation which shall be enforced after
the prison term has been served. Any political party, [found guilty) POLITICAL
COALITION, PARTY- LIST, OR 'AGGRUPATION ORGANIZED FOR
POLITICAL PURPOSE TO WHICH THE GUILTY PARTY IS A MEMBER
shall be sentenced to pay a fine of not less than [ten thousand) FIVE HUNDRED
THOUSAND pesos, [which shall be imposed upon such party afier criminal action
hhas been instituted in which their corresponding officials have been found guilty] AS
PART OF THE CIVIL LIABILITY IN CONNECTION WITH THE
ELECTION OFFENSE.

“(B) In case of prisoner or prisoners illegally released from any penitentiary or
jail during _ the prohibited period as provided in Section 261, paragraph (n) of this
Code, the director of prisons, provincial warden, keeper Of the jail or prison, or
Persons who are required by law to keep said prisoner in their custody shall, if
convicted by a competent court, be sentenced to suffer the penalty of [prison mayor
in its maximum period] RECLUSION PERPETUA if the prisoner or prisoners so
illegally released commit any act of intimidation, terrorism fof] OR interference in
the election, AND THE SUBJECT PRISONER OR PRISONERS SHALL
LIKEWISE BE SENTENCED TO RECLUSION PERPETUA.

[Any person found guilty of the offense of failure to register or failure to vote
shall, upon conviction, be fined one hundred pesos. In addition, he shall suffer
disqualification to run for public office in the next succeeding election following his
conviction or be appointed to a public office for a period of one year following his
conviction]

“(C) ANY OFFICER OR EMPLOYEE OF THECOMMISSION ON
ELECTIONS, OR ANY OFFICER, EMPLOYEE OR MEMBER OF THE
ARMED FORCES OF THE PHILIPPINES, OR ANY POLICE FORCE,
SPECIAL FORCES, HOME DEFENSE FORCES, BARANGAY SELF-
DEFENSE UNITS AND ALL OTHER PARAMILITARY UNITS THAT NOW
EXIST FOUND GUILTY OF ANY ELECTION OFFENSE UNDER THIS ACT
SHALL BE PUNISHED WITH THE MAXIMUM PENALTY THEREOF.

“(D) ANY PERSON FOUND GUILTY OF AN ELECTION OFFENSE
OR PROHIBITED ACT UNDER SECTIONS 261 AND 262 IN RELATION TO
SECTION 264 OF THE OMNIBUS ELECTION CODE OF THE
PHILIPPINES, AS AMENDED, WHICH BY ITS NATURE IS COMMITTED
THROUGH OR WITH VIOLENCE, COERCION, INTIMIDATION, FORCE
OR THREATS OR WHERE THE COMMISSION OF WHICH IS ATTENDED
BY SUCH VIOLENCE, COERCION, INTIMIDATION, FORCE OR
THREATS, SHALL BE PUNISHED WITH IMPRISONMENT OF NOT LESS
THAN TWELVE YEARS AND ONE DAY BUT NOT MORE THAN
TWENTY YEARS WITH THE ACCESSORY PENALTIES OF PERPETUAL
DISQUALIFICATION TO HOLD PUBLIC OFFICE AND DEPRIVATION OF
THE RIGHT OF SUFFRAGE. IF THE GUILTY PARTY IS A FOREIGNER,
HE/ SHE SHALL BE SENTENCED TO DEPORTATION WHICH SHALL BE


ENFORCED AFTER HIS/HER SERVICE OF THE IMPOSED PRISON
TERM.

“THE POLITICAL PARTY, POLITICAL COALITION, PARTY-LIST
OR AGGRUPATION ORGANIZED FOR POLITICAL PURPOSE TO
WHICH THE GUILTY PARTY IS A MEMBER SHALL BE
SENTENCED TO PAY A FINE OF FIVE HUNDRED THOUSAND
PESOS AS PART OF THE CIVIL LIABILITY IN CONNECTION WITH
THE ELECTION OFFENSE.”

SEC. 4. Section 46 of Republic Act No. 8189 is hereby amended to read as follows:

[SEQ 46. Penalties- Any person found guilty of any Election offense under
this Act shall be punished with imprisonment of not less than one (1) year but not
more than six (6) 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 is a foreigner, he shall
be deported after the prison term has been served. Any political party found guilty
shall be sentenced to pay a fine of not less than One hundred thousand pesos
(P100,000) but not more than Five hundred thousand pesos (P500,000).]

“SEC. 46. PENALTIES. - (A) ANY PERSON FOUND GUILTY OF ANY
ELECTION OFFENSE UNDER THIS CODE SHALL BE PUNISHED WITH
IMPRISONMENT OF NOT LESS THAN SIX YEARS AND ONE DAY BUT
NOT MORE THAN TWELVE YEARS AND SHALL NOT BE SUBJECT TO
PROBATION. IN ADDITION, THE GUILTY PARTY SHALL BE
SENTENCED - TO SUFFER PERPETUAL DISQUALIFICATION TO HOLD
PUBLIC OFFICE AND DEPRIVATION OF THE RIGHT OF SUFFRAGE. IF
THE GUILTY PARTY IS A FOREIGNER, THE SENTENCE SHALL BE ONE
OF DEPORTATION WHICH SHALL BE ENFORCED AFTER THE PRISON
TERM HAS BEEN SERVED. ANY POLITICAL PARTY, POLITICAL
COALITION, PARTY-LIST. OR AGGRUPATION ORGANIZED FOR
POLITICAL PURPOSE TO WHICH THE GUILTY PARTY IS A MEMBER
SHALL BE SENTENCED TO PAY A FINE OF NOT LESS THAN FIVE
HUNDRED THOUSAND PESOS, AS PART OF THE CIVIL LIABILITY IN
CONNECTION WITH THE ELECTION OFFENSE.

“(B) ANY PERSON FOUND GUILTY OF AN ELECTION OFFENSE
OR PROHIBITED ACT UNDER SECTION 45, WHICH BY ITS NATURE IS
COMMITTED THROUGH OR WITH VIOLENCE, COERCION,
INTIMIDATION, FORCE OR THREATS OR WHERE THE COMMISSION
OF WHICH IS ATTENDED BY SUCH VIOLENCE, COERCION,
INTIMIDATION, FORCE OR — THREATS, SHALL BE PUNISHED WITH
IMPRISONMENT OF NOT LESS THAN TWELVE YEARS AND ONE DAY
BUT NOT MORE THAN TWENTY YEARS WITH THE ACCESSORY
PENALTIES OFPERPETUAL DISQUALIFICATION TO HOLD PUBLIC
OFFICE. AND DEPRIVATION OF THE RIGHT OF SUFFRAGE. IF THE
GUILTY PARTY IS A FOREIGNER, HE/ SHE SHALL BE SENTENCED TO
DEPORTATION WHICH. SHALL BE ENFORCED AFTER THE SERVICE
OF THE IMPOSED PRISON TERM.


“(C) ANY OFFICER OR EMPLOYEE OF THE COMMISSION ON
ELECTIONS, OR ANY OFFICER, EMPLOYEE OR MEMBER OF THE
ARMED FORCES OF THE PHILIPPINES, OR ANY POLICE FORCE,
SPECIAL FORCES, HOME DEFENSE FORCES, BARANGAY SELF.
DEFENSE UNITS AND ALL OTHER PARAMILITARY UNITS THAT NOW
EXIST FOUND GUILTY OF ANY ELECTION OFFENSE UNDER THIS
ACT SHALL BE PUNISHED WITH THE MAXIMUM PENALTY
THEREOF.”

SEC. 5. Aggravating Circumstance. - If any of the crimes defined in the Revised Penal Code
is committed in connection with an election or political exercise, such election-related
element shall be appreciated as an aggravating circumstance in imposing the appropriate
penalty.

SEC. 6. Separate and Concurrent Prosecution. - Any person who commits an election
offense or prohibited act under the Omnibus Election Code of the Philippines and under
Section 45 of Republic Act No. 8189 which act or acts also constitute felony under the
Revised Penal Code, shall be prosecuted separately and concurrently under the Omnibus
Election Code of the Philippines and the Revised Penal Code.

SEC. 7. Repealing Clause.- The pertinent provisions of the Omnibus Election Code of the
Philippines, other laws, presidential decrees and issuances, executive orders, rules and
regulations, or parts thereof inconsistent with the provisions of this Act are hereby repealed
or

modified accordingly.
SEC. 8. Separability Clause.- If any provision of this Act shall be held to be unconstitutional
or invalid, other parts or provisions hereof which are not affected thereby shall continue to be
in full force and effect.

SEC. 9. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) newspapers of general circulation.

Approved,