Republic of the Philippines
HOUSE OF REPRESENTATIVE
Quezon City, Metro Manila

Seventeenth Congress
Pirst Regular Session

HOUSE BILLNO,_3242

Introduced by Honorable Joaquin M. Chipeco, Jr.

EXPLANATORY NOTE

Under the present state of our laws, there is no longer any prohibition
against premature campaigning. Premature campaigning has already been
decriminalized in the 2009 case of Penera y. Comelee, et al. (G. R. No. 181613,
Nov. 25, 2009, En Banc). This means that a candidate in our (automated)
elections could campaign much earlier than the start of the campaign period
and not incur any criminal liability for premature campaigning under our
election laws.

Summarizing Penera, the rule now is that two (2) facts must concur in
order for a person or aspiting candidate to be liable for an election offense:
first, he must have filed his certificate of candidacy; and second, the campaign
period has commenced.

The legal conundrum arising from such a jurispradential rule is patently
manifest - it effectively decriminalizes not just premature campaigning, but any
and all election offense committed prior to the campaign period as well.
Whether the majority of the Court realizes this grave implication from its
ruling, it merely washes its hands by conveniently stating that “the forum for
examining the wisdom of the law, and enacting remedial measures, is not this
Court but the legislature.” Interestingly enough, the minority opinion chimed in
by stating, in part, that “x x x this dissenting opinion will not be viewed as an
effort made in vain if in the future the said resolution can be revisited and
somehow rectified.” Clearly, then, the entire Supreme Court displayed varying
degrees of unease as to how the Penera decision turned out, Whether the fault
lies in the flawed phraseology of our law on automated elections (as the
majority seems to imply), or the infirm legal reasoning or interpretation of the
ponencia (as the minority suggested), one thing clearly stands out — there is an
urgent need for remedial legislation in this particular area of our election law.

For the most part, this bill merely reinstates the prohibition against
premature campaigning, specifically, and revives the election offenses



committed prior to the start of the campaign period, in general, which were all
swept away or repealed by the Penera ruling. A new feature of this bill,
however, is that the fine imposable upon responsible officers of political parties
guilty of premature campaigning, vote-buying, etc., has been increased from
the previous ten thousand pesos (a paltry sum by today’s standards) to a
hundred thousand pesos. Another feature of this bill is to remove the distinction
between automated elections and manual elections — a distinction made by the
Comelee in the immediately past election and make premature campaigning
and similar election offenses applicable to both types of democratic exercise.
Possibly, the most prominent feature of this bill, however, is that premature
campaigning would only be made an election offense if the person or the
aspiring candidate in whose favor the early campaigning was committed
pursues his political ambitions by filing a certificate of candidacy. The reason
for this rule is obvious ~ if the favored candidate did not eventually file his
certificate of candidacy, then the social evil which the law seeks to stamp-out,
namely, the undue or unfair advantage derived by a candidate on account of
premature campaigning, would not exist. Whatever premature campaigning
that was committed in this instance would then be meaningless as it did not
redound to the benefit of anybody.

‘The fight for electoral reforms (and for fair elections), it may be said, is
a never-ending one. Congress could not afford to allow a wide atray of election
offenses committed before the commencement of the campaign period to
remain in limbo any moment longer.

In view of the foregoing, the approval of this bill, at the earliest possible
time, is most earnestly sought.

/-

Second District of Laguna


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

HOUSE BILLNO, 3242

Introduced by Honorable Joaquin M. Chipeco, Jr.

AN ACT
PROHIBITING ELECTORAL CAMPAIGN OR PARTISAN
POLITICAL ACTIVITY EXCEPT DURING THE CAMPAIGN
PERIOD AND PROVIDING A PENALTY THEREFOR

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

SECTION 1. Prohibition against premature campaigning. - It
shall be unlawful for any person, whether or not a voter or candidate, or
for any party, or association of persons, to engage in an election campaign
or partisan political activity except during the campaign period: Provided,
that the person or aspiring candidate in whose favor the premature
campaigning was done eventually files his certificate of candidacy; and
provided further, that the prohibition against premature campaigning shall
apply in all kinds of election, whether done manually, automated, or

otherwise,

Nothing in this Act shall prohibit political parties or association of
persons from holding political conventions or meetings to nominate their
official candidates within thirty days before the commencement of the
campaign period and forty-five days for Presidential and Vice-Presidential

election.


~

ue Prohibition against other premature — election
campaign or partisan political activity. ~ Any other act designed to
promote the election or defeat of a particular candidate or candidates to a
public office committed prior to the campaign period, including but not
necessarily limited to vote-buying and yote-selling, is likewise declared

an election offense.

SEC.3. Penalty. - Any person found guilty of any election
offense under this Act 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 is a foreigner, he shall be subject to deportation which
shall be enforced afier 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, which shall be imposed upon such a party after
criminal action has been instituted in which their corresponding officials

have been found guilty.
SEC. 4. Repealing clause. - All laws, decrees, orders, rules and
regulations, or parts thereof inconsistent with this Act are hereby repealed

or amended accordingly.

SE

5. Effectivity clause. - This Act shall take effect fifteen
(15) days afier its publication in the Official Gazette or in a newspaper of

general circulation.

Approved,