FOURTEENTH CONGRESS OF THE REPUBLIC ) 
First Regular Session 
OF THE PHILIPPINES 
8 yRI' .^ 7 ;-' . I 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
According to the Philippine National Police's Directorate for Operations, a total 
of 228 Election Related Violent Incidents occurred from January 14 to June 13, 2007. 
These ERVI's resulted in 121 deaths, as well as injuries to 176 more people. 
The same report stated that majority of those killed were supporters of candidates 
(49), though the death toll included 26 politicians, 11 candidates, 14 civilians, 20 
policemen and a soldier. Candidates' supporters also topped the list of injured at 62. 
These incidents happened despite an enforced gun ban. The alarming statistics 
cited above should be a grave enough reason to revisit the penalties imposed by the 
Omnibus Election Code and other pertinent laws upon the individualdgroups behind 
election related violent incidents 
This is a senate counterpart bill to one filed in the House of Representatives by 
Representative Lagman, et al. 


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FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
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fl,qf -7 
J C  
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
INCREASING THE PENALTIES FOR ELECTION OFFENSES 
ATTENDED BY VIOLENCE, COERCION, INTIMIDATION, 
FORCE OR THREATS AND FOR OTHER ELECTION OFFENSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assem bled: 
SECTION 1. Declaration of Policy. - In order to help ensure fair, honest, orderly 
and peaceful elections, safeguard the integrity and sanctity of the ballot and uphold the 
sovereign will of the electorate, graver penalties shall be imposed for election offenses 
attended by violence, coercion, intimidation, force or threats. 
SECTION 2. Penalty for Election Offenses Attended by Violence. - 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, 
and Section 45 of Republic Act No. 8189, 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 (12) years and one (1) day but not more than 
twenty (20) years with the accessory penalties of perpetual disqualification to hold office 
and deprivation of the right of suffrage. If the guilty party is a foreigner, he shall be 
sentenced to deportation which shall be enforced after his 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 (P500, 000.00) as part of the civil liability in connection 
with the election offense. 
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SECTION 3. Aggravating Circumstance. - If any of the crimes defined in the 
Revised Penal Code is committed in connection with an election or political exercise, 
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such election-related element shall be appreciated as an aggravating circumstance in 
imposing the appropriate penalty. 
SECTION 4. Separate and Concurrent Prosecution. - Any person who commits 
an election offense or prohibited act under the Omnibus Election Code and under Section 
45 of Republic Act No.8189, which act or acts also constitute a felony under the Penal 
Code, shall be prosecuted separately and concurrently under the Omnibus Election Code 
and the Penal Code. 
SECTION 5. Penalty for Other Election Offenses. - Section 264 of Batas 
Pambansa Bilang 881, otherwise known as the Omnibus Election Cbde of the 
Philippines, as amended, is hereby further amended to read as follows: 
“SEC. 264. Penalties. - Any person found guilty of any election offense under 
this Code shall be punished with imprisonment of not less than [one year] SIX (6) 
YEARS AND ONE (1) DAY but not more than [six years] TWELVE (12) 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 he is a foreigner, he shall be sentenced to deportation which shall be 
enforced after the prison term has been served] IF THE GUILTY PARTY IS A 
FOREIGNER, HE SHALL BE SENTENCED TO DEPORTATION WHICH SHALL BE 
ENFORCED AFTER HIS SERVICE OF THE IMPOSED PRISON TERM. 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 (P500, 000.00) [, which shall be imposed upon such 
party after criminal action has been instituted in which their corresponding officials have 
been found guilty] AS PART OF THE CIVIL LIABILITY IN CONNECTION WITH 
THE ELECTION OFFENSE. 


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“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 [prision mayor in its maximum period] 
RECLUSION PERPETUA if the prisoner or prisoners so illegally released commit any 
act of intimidation, terrorism [ofl 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.] 
“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 
PARA-MILITARY UNITS 
THAT NOW EXIST FOUND GUILTY OF ANY 
ELECTION OFFENSE UNDER THIS ACT SHALL BE PUNISHED WITH THE 
MAXIMUM PENALTY THEREOF.” 
SECTION 6. Application of Penalty for Election Offenses. - The penalty herein 
provided shall be applied to election offenses enumerated in Section 261 of the Omnibus 
Election Code, as amended, to other election offenses listed in Section 262 of the same 
Code, and to election offenses provided for under Section 45 of Republic Act No. 8189. 
SECTION 7. Other Persons Criminally Liable. - In addition to the provisions of 
Section 263 of the Omnibus Election Code, as amended, the persons liable for the 
abovementioned crimes shall include the members of the Board of Election Inspectors, 
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the members of the Board of Canvassers and/or officials of the Commission on Elections 
who aid, assist or participate, directly or indirectly, in the commission thereof. 
SECTION 8. 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. 
SECTION 9. Separability Clause. - If any provision or part 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. 
SECTION 10. Effectivity Clause. - 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 which shall not be later than seven (7) days after the approval thereof. 
Approved, 
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