Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
EXPLANATORY NOTE 
The Supreme Court in the case of Penera vs Comelec, et al., GR. No. 18163, in effect 
abrogated the prohibition against premature campaigning. Consequently, a candidate can 
already campaign even before the start of the campaign period without being held liable 
for premature campaigning.  This has created an undue advantage against candidates 
with limited resources. 
The proposed amendments seek to address this issue, particularly the definition and 
treatment of candidates in the context of premature campaigning. 
To promote fairness and level the playing field for all prospective candidates, the 
proposed amendments recommend that individuals aspiring for public office should be 
considered candidates from the moment they file their certificate of candidacy and seeks 
the extension of the election period to 120 days. This shift in definition would grant them 
the right to campaign during both the election and campaign periods. 
By recognizing individuals as candidates upon the filing of their certificates of candidacy, 
the amendments aim to encourage transparency and equal opportunities in the electoral 
process.  
This change intends to level the field in campaigning and provide a balanced platform for 
candidates to enable them to articulate their platforms and engage with the electorate 
during the critical periods leading up to the election. 
On behalf of the people of Parañaque City’s Second District, and for the common good 
of the Filipino people, the approval of the said measure is earnestly sought. 
REP. GUS S. TAMBUNTING 
2nd District, Parañaque City 
October 16, 2023
8:48 am
9406


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT 
AMENDING SECTION 3, 75, AND 79 OF BATAS PAMBANSA BILANG 881, 
OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE OF THE 
PHILIPPINES, EXTENDING THE ELECTION PERIOD AND PROHIBITING THE 
ACTS OF PREMATURE CAMPAIGNING 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Section 3 of Batas Pambansa Blg. 881, also known as the Omnibus Election 
Code 
of 
the 
Philippines, 
is 
hereby 
amended 
to 
read 
as 
follows: 
Section. 3. Election and campaign periods. - Unless otherwise fixed in special cases 
by the Commission on Elections, which hereinafter shall be referred to as the Commission, 
the election period shall commence [ninety] ONE HUNDRED TWENTY DAYS before the 
day of the election and shall end thirty days thereafter. 
The period of campaign shall be as follows: 
1. Presidential and Vice-Presidential Election - 90 days;
2. Election of Members of the Batasang Pambansa and Local Election - 45 days; and
3. Barangay Election - 15 days.
The campaign periods shall not include the day before and the day of the election. 
However, in case of special elections under Article VIII, Section 5, Subsection (2) of the 
Constitution, the campaign period shall be forty-five days. 
9406


SECTION 2. Section 75 of Batas Pambansa Blg. 881 is hereby amended to read as 
follows: 
 
“Sec. 75. Filing and distribution of certificate of candidacy. – The 
certificate of candidacy shall be filed AT LEAST ONE DAY BEFORE THE 
BEGINNING OF THE ELECTION PERIOD [on any day from the commencement 
of the election period but not later than the day before the beginning of the 
campaign period]: Provided, That in cases of postponement or failure of election 
under Sections 5 and 6 hereof, no additional certificate of candidacy shall be 
accepted except in cases of substitution of candidates as provided under Section 
77 hereof. The certificates of candidacy for President and Vice-President of the 
Philippines shall be filed in ten legible copies with the Commission which shall order 
the printing of copies thereof for distribution to all polling places. The certificates 
of candidacy for the other offices shall be filed in duplicate with the offices herein 
below mentioned, together with a number of clearly legible copies equal to twice 
the number of polling places in the province, city, district, municipality or barangay, 
as the case may be: 
 
(a) For representative in the Batasang Pambansa, with the Commission, the 
provincial election supervisor, city election registrar in case of highly urbanized 
cities, or an officer designated by the Commission having jurisdiction over the 
province, city or representative district who shall send copies thereof to all polling 
places in the province, city or district; 
 
(b) For provincial offices, with the provincial election supervisor of the province 
concerned who shall send copies thereof to all polling places in the province; 
 
(c) For city and municipal offices, with the city or municipal election registrar who 
shall send copies thereof to all polling places in the city or municipality; and 
 
(d) For punong barangay or kagawad ng sangguniang barangay, the certificates 
of candidacy shall be filed in accordance with the provisions of Section 39 of Article 
VI of this Code. 
2 
The duly authorized receiving officer shall immediately send the original copy of 
all certificates of candidacy received by him to the Commission.” 
 
SECTION 3. Section 79 of Batas Pambansa Blg. 88 is hereby amended to read as follows: 
 
“Section 79. Definitions. – As used in this Code: 
a. The term “candidate” refers to any person aspiring for or seeking an elective 
public office, who has filed a certificate of candidacy by himself or through an 
accredited political party, aggroupment, or coalition of parties; 
 


A PERSON SHALL BE CONSIDERED AS A CANDIDATE FROM THE 
MOMENT HE FILES HIS CERTIFICATE OF CANDIDACY. ACTS 
CONSTITUTING PREMATURE CAMPAIGNING ENUMERATED IN THIS 
CODE SHALL APPLY TO CANDIDATES UPON THE FILING OF THERIR 
CERTIFICATE OF CANDIDACY. 
 
b. The term "election campaign" or "partisan political activity" refers to an act 
designed to promote the election or defeat of a particular candidate or 
candidates to a public office which shall include: 
 
1. Forming organizations, associations, clubs, committees or other groups 
of persons for the purpose of soliciting votes and/or undertaking any 
campaign for or against a candidate; 
 
2. Holding political caucuses, conferences, meetings, rallies, parades, or 
other similar assemblies, for the purpose of soliciting votes and/or 
undertaking any campaign or propaganda for or against a candidate; 
 
3. Making speeches, announcements or commentaries, or holding 
interviews for or against the election of any candidate for public office; 
 
 
4. Publishing or distributing campaign literature or materials designed to 
support or oppose the election of any candidate; or 
 
 
5. Directly or indirectly soliciting votes, pledges or support for or against a 
candidate. 
 
The foregoing enumerated acts if performed for the purpose of enhancing 
the chances of aspirants for nomination for candidacy to a public office by 
a political party, aggroupment, or coalition of parties shall not be considered 
as election campaign or partisan election activity. 
 
Public expressions or opinions or discussions of probable issues in a 
forthcoming election or on attributes of or criticisms against probable 
candidates proposed to be nominated in a forthcoming political party 
convention shall not be construed as part of any election campaign or 
partisan political activity contemplated under this Article. 
 
SECTION 4. Implementing Rules and Regulations. – The Commission on Elections 
shall promulgate and issue the rules and regulations necessary to implement the 
provisions of this Act. 
 


SECTION 5. Repealing Clause. – All laws and executive issuances inconsistent with 
the provisions of this Act are hereby repealed or amended accordingly. 
 
SECTION 6. Separability Clause. – If any provision of this Act is declared 
unconstitutional, the same shall not affect the validity and effectiveness of its other 
provisions. 
 
SECTION  7. Effective Date. – This Act shall take effect fifteen days after its publication 
in the Official Gazette or one newspaper of general circulation. 
 
Approved,