THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
il 
Introduced by SENATOR JINGGOY EJERCITO ESTRADA 
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EgPLANATORY NOTE 
The political exercise of suffrage is the express manifestation of an 
individual's sovereign a& of choosing a representative for the purpose of 
delegating the powers, functions and duties related to governance. As such, 
violations of any character that tend to destroy the sanctity of this act of 
sovereignty must be dealt with the full force of the law. Unfortunately, current 
penalties provided for by our election laws are inadequate in order to deter 
violators from committing acts that undermine the sovereign will. It is thus 
imperative that certain election offenses be classified as heinous while other 
offenses be given the appropriate penalty with the end in view of ensuring the 
sanctity of one's sovereign will in the selection of our nation's public servants. 
Immediate passage of this bill is thus earnestly recommended. 
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THIRTEENTH CONGRESS OF THE . 
) 
First Regular Session 
) 
REPUBLIC OF THE PHILIPPINES 
) 
SENATE 
S.B. NO. 
'04 SEP 15 P4 :3i! 
Introduced by Senator Jinggoy Ejercito Estrada 
AN ACT 
INCREASING THE PENALTY FOR ELECTION OFFENSES AND 
CLASSIFYING CERTAIN ELECTION OFFENSES AS HEINOUS 
CRIMES AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTIONI. Declaration ofPolicy. 
It is hereby declared the policy of 
the State to ensure fair, honest, orderly and peaceful elections, as well as to 
protect and safeguard the integrity and sanctity of the ballot so that the will of 
the people is truly manifested. In order not to undermine the exercise of the 
right of suffrage by every citizen, penalties for certain election offenses are 
hereby increased while those that are grievous and odious, aside from being 
inherently depraved, repugnant and outrageous to the common standards of 
decency and morality, are hereby declared as heinous crimes. 
SEC. 2. Penalty for election offenses. - Section 264 of Batas Pambansa Blg. 
881, otherwise known as the Omnibus Election Code 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 


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imprisonment of not less than TWELVE YEARS [one (1) year] 
AND ONE DAY but not more than TWENTY [six (6)] years and 
shall not be subject to probation. In addition, the guilty party shall 
be sentenced to suffer PERMANENT 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. Any political party 
found guilty shall be sentenced to pay a fine of not less than FIVE 
HUNDRED THOUSAND [ten thousand (PhplO,OOO.OO)] pesos, 
which shaII be imposed upon such party after criminal action has 
been instituted in which their corresponding officials have been 
found guilty. 
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 RECLUSION PERPETUA TO DEATH [prision mayor in its 
maximum period] if the prisoner or prisoners so illegally released 
commit any act of intimidation, terrorism, or interference in the 
election.” 
SEC, 3. Application of penalfy 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 the other election offenses listed in 
Section 262 of the same Code, and to election offenses provided for under Section 
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45 of Republic Act No. 8186, except for those election offenses which are 
hereinafter classified as heinous crimes. 
SEC. 4. Election offenses declared as heinous crimes. - The following 
as defined and provided for in Sec. 261of the Omnibus 
election offenses, 
Election Code, as amended, are hereby declared as heinous crimes: 
(ii) 
conspiracy to bribe voters; 
threats, intimidation, terrorism, use of fraudulent device or other 
forms of coercion before, during and after the election period; 
coercion of election officials and employees; 
appointment or use of 
special policemen, special agents, 
confidential agents or the like during the election period; 
illegal release of prisoners before and after election; 
use of public funds, money deposited in trust, equipment, facilities 
owned or controlled by the government for an election campaign; 
use of armored land, water or aircraft during the election period; 
and, 
organization or maintenance of reaction forces, strike forces, or 
other similar forces during the election period; 
SEC.5. Other persons criminally liable. In addition to the provisions of 
Section 263 of the Omnibus Election Code, as amended, the person liable for the 
above-mentioned crimes shaIl include the members of the board of election 
inspectors, the members of the board of canvassers and/or officials of the 
Commission on Election who aided, assisted or participated, directly or 
indirectly, to the commission thereof. 
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SEC. 6. 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. 7. Separability Clause. - If, for any reason, any provision or part of 
this Act shall be heId to be unconstitutional or invalid, other parts or provision 
hereof which are not affected thereby shall continue to be in full force and effect. 
SEC. 8. Effectivity. - This Act shall take effect after fifteen (15) days 
following the completion of its publication in the Oficial Gazette or in at least two 
(2) newspapers of general circulation. Such publication shall not be later than 
seven (7) days after the approval hereof. 
Approved, 
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