FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN1TE 
S. No. 
563 
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 individual/groups behind election related violent 
incidents 
This IS a senate counterpart bill to one filed 111 the House of Representatives by 
Representative Lagman, et a1. 1 
Ltw\.. J k..4~ .0. f~ 
. MIRIAM Di*1J,SOR SA'ff'IT¥v 
Jf/I 
. 
J This bill was originally filed during the 14th Congress I"' Regular Session 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN}..J.:E; 
S. No. 1b63 
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 
assembled: 
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SECTION 1. Declaration of Policy. - In order to help ensure fair, honest, orderly and 
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peaceful elections, safeguard the integrity and sanctity ofthe ballot and uphold the sovereign will 
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of the electorate, graver penalties shall be imposed for election offenses attended by violence, 
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coercion, il!timidation, force or threats. 
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SECTION 2. Penalty for Election Offenses Attended by Violence. - Any person found 
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guilty of an election offense or prohibited act under Sections 261 and 262 in relation to Section 
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264 of the Omnibus Election Code of the Philippines, as amended, and Section 45 of Republic 
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Act No. 8189, which by its nature is committed through or with violence, coercion, intimidation, 
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force or threats, or where the commission of which is attended by such violence, coercion, 
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intimidation, force or threats, shall be punished with imprisonment of not less than twelve (12) 
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years and one (1) day but not more than twenty (20) years with the accessory penalties of 
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perpetual disqualification to hold office and deprivation of the right of suffrage. If the guilty 
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party is a foreigner, he shall be sentenced to deportation which shall be enforced after his service 
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of the imposed prison term. The political party, political coalition, party-list or aggrupation 
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organized for political purpose to which the guilty party is a member shall be sentenced to pay a 
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fine of Five hundred thousand pesos (P500, 000.00) as part of the civil liability in connection 
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with the election offense. 
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SECTION 3. Aggravating Circumstance. - If any of the crimes defined in the Revised 
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Penal Code is committed in connection with an election or political exercise, such election-
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related element shall be appreciated as an aggravating circumstance in imposing the appropriate 
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penalty. 
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SE<;:TION 4. Separate and Concurrent Prosecution. - Any person who commits an 
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election offense or prohibited act under the Omnibus Election Code and under Section 45 of 
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Republic Act No.8189, which act or acts also constitute a felony under the Penal Code, shall be 
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prosecuted separately and concurrently under the Omnibus Election Code and the Penal Code. 
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SECTION 5. Penalty for Other Election Offenses. - Section 264 of Batas Pambansa 
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Bilang 881, otherwise known as the Omnibus Election Code of the Philippines, as amended, is 
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hereby further amended to read as follows: 
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"SEC. 264. Penalties. - Any person found guilty of any election offense under this Code 
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shall be punished with imprisomnent of not less than [one year] SIX (6) YEARS AND ONE (1) 
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DAY but not more than [six years] TWELVE (12) YEARS [and shall not be subject to 
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probation]. In addition, the guilty party shall be sentenced to suffer PERPETUAL 
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disqualification to hold public office and deprivation of the right of suffrage. [Ifhe is a foreigner, 
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he shall be sentenced to deportation which shall be enforced after the prison term has been 
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served] IF THE GUILTY PARTY IS A FOREIGNER, HE SHALL BE SENTENCED TO 
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DEPORTATION WHICH SHALL BE ENFORCED AFTER HIS SERVICE OF THE 
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IMPOSED PRISON TERM. Any political party [found guilty], POLITICAL COALITION, 
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PARTY-LIST OR AGGRUPATION ORGANIZED FOR POLITICAL PURPOSE TO WHICH 
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THE GUILTY PARTY IS A MEMBER shall be sentenced to pay a fine of not less than lten 
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thousand] FIVE HUNDRED THOUSAND pesos (P500, 000.00) [, which shall be imposed upon 
, 
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such party after criminal action has been instituted in which their corresponding officials have 
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been found guilty] AS PART OF THE CIVIL LIABILITY IN CONNECTION WITH 
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THE ELECTION OFFENSE. 
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"In case of prisoner or prisoners illegally released from any penitentiary or jail during the 
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prohibited period as provided in Section 261, paragraph (n) of this Code, the director of prisons, 
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provincial warden, keeper of the jailor prison, or persons who are required by law to keep said 
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prisoner in their custody shall, if convicted by a competent court, be sentenced to suffer the 
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penalty of [prision mayor in its maximum period] RECLUSION PERPETUA if the prisoner or 
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prisoners so illegally released commit any act of intimidation, terrorism [of] OR interference in 
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the election[.], AND THE SUBJECT PRISONER OR PRISONERS SHALL LIKEWISE BE 
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SENTENCED TO RECLUSION PERPETUA. 
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"[ Any person found guilty of the offense of failure to register or failure to vote shall, 
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upon conviction, be fined one hundred pesos. In addition, he shall suffer disqualification to run 
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for public office in the next succeeding election following his conviction or be appointed to a 
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public office for a period of one year following his conviction.] 
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"ANY OFFICER OR EMPLOYEE OF THE COMMISSION ON ELECTIONS, OR 
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ANY OFFICER, EMPLOYEE, OR MEMBER OF THE ARMED FORCES OF THE 
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PHILIPPINES, OR ANY POLICE FORCE, SPECIAL FORCES, HOME DEFENSE FORCES, 
, 
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BARANGAY SELF-DEFENSE UNITS AND ALL OTHER PARA-MILITARY UNITS THAT 
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NOW EXIST FOUND GUILTY OF ANY ELECTION OFFENSE UNDER THIS ACT SHALL 
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BE PUNISHED WITH THE MAXIMUM PENALTY THEREOF." 
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SECTION 6. Application of Penalty for Election Offenses. - The penalty herein provided 
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shall be applied to election offenses enumerated in Section 261 of the Omnibus Election Code, as 
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amended, to other election offenses listed in Section 262 of the same Code, and to election 
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offenses provided for under Section 45 of Republic Act No. 8189. 
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SECTION 7. Other Persons Criminally Liable. - In addition to the provisions of Section 
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263 of the Omnibus Election Code, as amended, the persons liable for the abovementioned 
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crimes shall include the members of the Board of Election Inspectors, 'the members of the Board 
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of Canvassers and/or officials of the Commission on Elections who aid, assist or participate, 
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directly or indirectly, in the commission thereof. 
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SECTION 8. Repealing Clause. - The pertinent provisions of the Omnibus Election Code 
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of the Philippines, other laws, 'presidential decrees and issuances, executive orders, rules and 
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regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or 
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modified accordingly. 
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SECTION 9. Separability Clause. - If any provision or part of this Act shall be held to be 
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unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall 
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continue to be in full force and effect. 
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SECTION 10. Effectivity Clause. - This Act shall take effect fifteen ('15) days after its 
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publication in the Official Gazette or in at least two (2) newspapers of general circulation which 
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shall not be later than seven (7) days after the approval thereof. 
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Approved, 
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