FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENAa~8S 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Premature campaigning, which is an election offense, simply means electioneering 
conducted before the official campaign period. 
It is prohibited under Section 80 of Batas 
Pambansa BIg. 881 aka the "Omnibus Election Code". However, in the highly controversial 
2009 case of Pefiera v. Commission on Elections, the Supreme Court, by a split vote of8-7, ruled 
in effect that the offense of premature campaigning has already been repealed by Republic Act 
No. 8436 1 or the new Poll Automation Law, as amended. 
Because of the Pefiera case, some wealthy senatoriables have started taking out campaign 
advertising in both traditional and social media. Some senatoriables, who are either incumbent 
elective or appointive officials, are even using public funds to advertise themselves under the 
guise of infomercials. On the other hand, to be popular, some political aspirants are appearing or 
guesting in movies, commercials and radio and TV programs. 
In the 2004 case of Chavez v. Commission on Elections (437 SCRA 415), the Supreme 
Court ruled that if a person entered into contracts or agreements to endorse certain products, 
appeared in billboards, and subsequently filed his certificate of candidacy (COC) for senator, he 
may be held liable for "indirectly promoting his candidacy," which falls under the activities 
included in the definition of an "election campaign" or "partisan political activity". 
Under the Omnibus Election Code, "election campaign" or "partisan political activity" is 
defined as an act designed to promote the election or defeat of a particular candidate or 
candidates to a public office. One of the activities included under this definition is: "Directly or 
indirectly soliciting votes, pledges or support for or against a candidate." 
I An Act Authorizing the Commission on Elections to Use an Automated Election System in the May II, 
1998 National or Local Elections and in Subsequent National and Local Electoral Exercises. Providing Funds 
Therefor and For Other Purposes. 


In the Chavez case, the Supreme Court held: 
It is true that when petitioner entered into the contracts or agreements to 
endorse certain products, he acted as a private individual and had all the right to 
lend his name and image to these products. However, when he filed his certificate 
of candidacy for Senator, the billboards featuring his name and image assumed 
partisan political character because the same indirectly 
promoted his 
candidacy. Therefore, the COMELEC was acting well within its scope of powers 
when it required petitioner to discontinue the display of the subject billboards. If 
the subject billboards were to be allowed, candidates for public office whose 
name and image are used to advertise commercial products would have more 
opportunity to make themselves known to the electorate, to the disadvantage of 
other candidates who do not have the same chance of lending their faces and 
names to endorse popular commercial products as image models. Similarly, an 
individual intending to run for public office within the next few months, could 
pay private corporations to use him as their image model with the intention of 
familiarizing the public with his name and image even before the start of the 
campaign period. This, without a doubt, would be a circumvention of the rule 
against premature campaigning: 
In the 2009 case of Penera v. Commission on Elections (599 SCRA 609), the Supreme 
Court stated that the laudable and exemplary intention behind the prohibition against premature 
campaigning is to level the playing field for candidates of public office, to equalize the situation 
between the popular or rich candidate, on one hand, and lesser-known or poorer candidates, on 
the other, by preventing the former from enjoying undue advantage in exposure and publicity on 
account of their resources and popularity. 
The Supreme Court further stated: 
We cannot stress strongly enough that premature campaigning is a 
pernicious act that is continuously threatening to undermine the conduct of fair 
and credible elections in our country, no matter how great or small the acts 
constituting the same are. The choice as to who among the candidates will the 
voting public bestow the privilege of holding public office should not be swayed 
by the shrewd conduct, verging on bad faith, of some individuals who are able to 
spend resources to promote their candidacies in advance of the period slated lor 
campaign activities. 
Verily, the consequences provided for in Section 68 of the Omnibus 
Election Code for the commission of the prohibited acts of premature 
campaigning are severe: the candidate who is declared guilty of committing the 
offense shall be disqualified from continuing as a candidate, or, if helshe has been 
elected, from holding office. Not to mention that the said candidate also faces 
criminal prosecution for an election offense under Section 262 of the same Code. 
Thus, this bill seeks to enumerate and specify the acts constituting "indirectly soliciting 
votes, pledges or support", in order to educate and inform the political aspirants of the acts that 
may be considered as election campaigning or partisan political activities. 
With regard the 
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appearance of a political aspirant as a guest in any TV or radio program, the appearance should 
be only for purposes of legitimate news coverage. 
This bill also expanded the scope of the prohibition against premature campaigning. R.A. 
No. 8436 or the Poll Automation Law, as amended by R.A. No. 9369, Section 15, paragraph 3, 
states: 
ruled: 
For this purpose, the Commission shall set the deadline for the filing of 
certificate of candidacy/petition of registration/manifestation to participate in the 
election. Any person who files his certificate of candidacy within this period 
shall only be considered as a candidate at the start of the campaign period 
for which he filed his certificate of candidacy: Provided, That, unlawful acts 
or omissions applicable to a candidate shall effect only upon that start of the 
aforesaid campaign period: Provided, finally, That any person holding a public 
appointive office or position, including active members of the armed forces, and 
officers, and employees in government-owned or-controlled corporations, shall be 
considered ipso factor resigned from his/her office and must vacate the same at 
the start of the day of the filing of his/her certification of candidacy. (Emphasis 
Supplied) 
This provision is the reason for the split decision in the Penera case. The Supreme Court 
In view of the third paragraph of Section 15 of Republic Act No. 8436, as 
amended, the he Dissenting Opinion argues that Section 80 of the Omnibus 
Election Code can not be applied to the present case since, as the Court held in 
LanaI v. Commission on Eleciions,2 the election' campaign or partisan political 
activity, which constitute the prohibited premature campaigning, should be 
designed to promote the election or defeat of a particular candidate or candidates. 
Under the present election law, while a person may have filed his/her COC within 
the prescribed period for doing so, said person shall not be considered a candidate 
until the start of the campaign period. Thus, prior to the start of the campaign 
period, there can be no election campaign or partisan political activity designed to 
promote the election or defeat of a particular candidate to public office because 
there is no candidate to speak of. 
According to the Dissenting Opinion, even if Pefiera's acts before the start 
of the campaign period constitute election campaigning or partisan political 
activities, these are not punishable under Section 80 of the Omnibus Election 
Code given that she was not yet a candidate at that time. On the other hand, 
Pefiera's acts if committed within the campaign period, when she was already a 
candidate, are likewise not covered by Section 80 as this provision punishes only 
acts outside the campaign period. 
The Dissenting Opinion ultimately concludes that because of Section 15 of 
Republic Act No. 8436, as amended, the prohibited act of premature campaigning 
in Section 80 of the Omnibus Election Code, is practically impossible to commit 
at any time. 
2 507 SeRA 114 (2006). 
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In order to avoid any confusion in the future, the bill includes "prospective candidates" in 
the scope of the prohibition against premature campaigning. Prospective candidates are those 
political aspirants, whether or not he/she explicitly declared his/her intention to run in the 
immediately preceding elections, who eventually file their COCs. The bill also re-defines the 
term "candidate". Under the bill, from the moment any person files his/her COC, he/she shall be 
considered as a candidate, and the acts constituting premature campaigning shall apply to 
candidates upon filing of their COCs. This is a clear repudiation of the Supreme Court decision 
in Penera. 
Further, to make the acts of candidates or prospective candidates constituting election 
campaigning or partisan political activities that are committed even prior to start of the campaign 
period punishable, the bill prohibits candidates or prospective candidates from engaging in any 
act of premature campaigning within one year before the start of the campaign period. This will 
in effect, repeal Section 15 of R.A. No. 8436. The only condition required in order to be held 
liable is that the candidate should have continued with his/her candidacy; or that the prospective 
candidate should have subsequently filed his/her COC and actually continued with his/her 
candidacy. 
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· FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENlI~8S 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago 
1 
~Acr 
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AMENDING SECTIONS 79, 80 AND 81 OF BATAS PAMBANSA BILANG 881 
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OTHERWISE KNOWN AS THE "OMNUBUS ELECTION CODE OF THE PHILIPPINES" 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Anti-Premature Campaigning 
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Act". 
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SECTION 2. Batas Pambansa Big. 881 aka the "Omnibus Election Code of the 
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Philippines", Section 79 is hereby amended to read as follows: 
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Sec. 79. Definitions. - As used in this Code: 
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a. The term "candidate" refers to any person aspiring for or seeking an 
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elective public office, who has filed a certificate of candidacy by 
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himself 01' through an accredited political patiy, aggroupment, or 
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coalition of parties; 
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ANY PERSON SHALL BE CONSIDERED AS A CANDIDATE 
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FROM 
THE 
MOMENT 
lIE/SHE 
FILED 
HISIHER 
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CERTIFICATE OJ? CANDIDACY. ACTS CONSTITUTING 
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PREMATURE CAMPAIGNING ENUMERATED 
IN 
THIS 
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CODE SHALL APPLY TO CANDIDATES UPON THE FILING 
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OF THEIR CERTIFICATE OF CANDIDACY. 
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ON THE OTHER HAND, THE TERM "PROSPECTIVE 
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CANDIDATE" REFERS TO ANY PERSON ASPIRING FOR OR 
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SEEKING AN ELECTIVE PUBLIC OFFICE, WHETHER OR 
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b. 
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NOT HEISHE HAS EXPLICITLY DECLARED HISIHER 
INTENTION 
TO 
RUN 
AS 
A 
CANDIDATE 
IN 
THE 
IMMEDIATELY 
PRECEDING 
ELECTIONS, 
WHO 
EVENTUALLY FILES A CERTIFICATE OF CANDIDACY; 
The term "election campaign" or "pmiisan 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 
andlor undeliaking 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 
andlor 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 OR 
PROSI'ECTIVE 
CANDIDATE 
for 
public 
office, 
PROVIDED, 
THAT 
NEWS 
COVERAGE 
AND 
INTERVIEW 
SHALL 
NOT 
BE 
CONSIDERED 
PARTISAN POLITICAL ACTIVITY. 
4. Publishing or distributing campaign literature or materials 
designed to suppOli or oppose the election of any candidate OR 
PROSPECTIVE CANDIDATE; or 
5. Directly or indirectly soliciting votes, pledges or support for or 
against a candidate OR PROSPECTIVE CANDIDATE. 
THE 
TERM 
"INDIRECTLY 
SOLICITING 
VOTES, PLEDGES OR SUPPORT" INCLU])ES THE 
FOLLOWING ACTS: 
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a. ENDORSING ANY PRODUCT OR SERVICE, 
WHETHER FOR A FEE OR NOT; 
h. APPEARING IN ANY INFOMERCIAL; 
c. APPEARING IN A DOCUMENTARY OR 
MOVIE WHETHER FOR A FEE OR NOT; 
d. APPEARING 
OR 
GUESTING 
IN 
ANY 
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TELEVISION 
OR 
RADIO 
PROGRAM, 
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EXCEPT FOR PURPOSES OF LEGITIMATE 
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NEWS COVERAGE; 
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e. ACCEPTING ANY EMPLOYMENT IN ANY 
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MEDIA OUTFIT AS A NEWS ANCHOR, 
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WRITER, OR REGULAR TALENT; OR 
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f. BUYING ANY PRINT, RADIO, TELEVISION 
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OR INTERNET SPACE TO ADVERTISE 
IS 
HIM/HER-SELF OR ANY PRODUCT OR 
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SERVICE. 
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The foregoing enumerated acts if performed for the purpose of enhancing 
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the chances of aspirants for nomination for candidacy to a public office by a 
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political party, aggroupment, or coalition of parties shall not be considered as 
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election campaign or partisan election activity. 
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Public expressions or opinions or discussions of probable issues in a 
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forthcoming election or on attributes of or criticisms against probable candidates 
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proposed to be nominated in a forthcoming political party convention shall not be 
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construed as part of any election campaign or partisan political activity 
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contemplated under this Article. 
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SECTION 3. Batas Pambansa Big. 881 aka the "Omnibus Election Code of the 
27 
Philippines", Section 80 is hereby amended to read as follows: 
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• 
Sec. 80. Election campaign or partisan political activity outside campaign 
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period. -
It shall be unlawful for any person, whether a candidate OR 
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I)ROSPECTIVE CANDIDATE, or for any party, or association of persons, to 
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engage in an election campaign or partisan political activity except during the 
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campaign period: Provided, That political parties may hold political conventions 
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or meetings to nominate their official candidates within thirty days before the 
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commencement o[ the campaign period and forty-five days [or Presidential and 
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Vice-Presidential election. 
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ANY PERSON, WHETHER A CANDIDATE OR PROSPECTIVE 
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CANDIDATE MAY BE HELD LIABLE UNDER THIS SECTION FOR 
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THE ACTS COMMITTED WITHIN ONE YEAR BEFORE THE START 
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OF 
THE 
CAMPAIGN 
PERIOD; 
PROVIDED, 
HOWEVER, 
THE 
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CANDIDATE 
SHOULD 
HAVE 
ACTUALLY 
CONTINUED 
WITH 
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HISIHER CANDIDACY; PROVIDED, FURTHER, THE PROSPECTIVE 
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CANDIDATE WHO ENGAGED IN AN ELECTION CAMPAIGN OR 
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PARTISAN 
POLITICAL 
ACTIVITY 
TO 
PROMOTE 
HIS/HER 
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INTENDED CANDIDACY SHOULD HAVE SUBSEQUENTLY FILED 
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HISII-IER 
CERTIFICATE 
OF 
CANDIDACY 
AND 
ACTUALLY 
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CONTINUED WITH HIS/HER CANDIDACY. 
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SECTION 4. Batas Pambansa BIg. 881 aka the "Omnibus Election Code of the 
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Philippines", Section 81 is hereby amended to read as follows: 
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Sec. 81. Intervention of foreigners. - It shall be unlawf\.J! for any foreigner, 
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whether judicial or natural person, to aid any candidate OR PROSPECTIVE 
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CANDIDATE or political party, directly or indirectly, or take part in or influence 
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in any manner any election, or to contribute or make any expenditure m 
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connection with any election campaign or partisan political activity. 
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SECTION 5. Separability Clause. - If any provision of this Act shall be declared 
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unconstitutional, any other provision not affected thereby shall remain in full force and effect. 
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SECTION 6. Repealing Clause. - All laws, decrees, orders, rules and regulations, or 
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parts thereof inconsistent with this Act me hereby repealed or amended accordingly. 
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SECTION 7. Effectivity. - This Act shall take effect fifteen (15) days after its publication 
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in at leas! two (2) newspapers of general circulation. 
Approved, 
li1dp 
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