TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
. 
j( iij
S. No.
)
SENATE
1048
25 AUG-6 P2:21
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
FURTHER PROTECTING THE INTEGRITY OF THE RIGHT TO SUFFRAGE BY 
AMENDING SECTION 261 OF BATAS PAMBANSA BLG. 881, S. 1985, 
OTHERWISE KNOWN AS THE "OMNIBUS ELECTION CODE," AS AMENDED, 
DEFINING THE CRIME OF CYBER VOTE-BUYING AND VOTE-SELLING, AND 
PROVIDING PENALTIES THEREOF
EXPLANATORY NOTE
The right to suffrage is a cornerstone of Philippine democracy, enshrined in 
Article V of the 1987 Constitution, affirmed by Article 21 of the Universal Declaration 
of Human Rights, and reinforced by Article 25 of the International Covenant on Civil 
and Political Rights. It is through the exercise of this right that the constitutional 
mandate declaring the Philippines as a "democratic and republican State," where 
"sovereignty resides in the people and all government authority emanates from them" 
(Article II, Section 1), is fully realized. Thus, any assault on the sanctity of the vote 
strikes at the very heart of our democracy.
Recognizing the critical importance of protecting electoral integrity, Batas 
Pambansa Big. 881, or the Omnibus Election Code of 1985, criminalized acts of vote­
buying and vote-selling, prescribing penalties to deter such offenses. However, more 
than three decades after its passage, while the methods and mechanisms of voting 
have evolved—from manual voting to automated election systems—the law's 
provisions on vote-buying and vote-selling have remained static.


In today's digital age, new threats have emerged. Cybercriminals have adapted 
vote-buying strategies using electronic money transfers and digital platforms, often 
employing money mules to obscure the source and trail of illicit transactions. Unlike 
traditional vote-buying, where cash is physically distributed, digital vote-buying is far 
harder to trace and prosecute, exploiting gaps in existing legislation.
In light of these developments, there is an urgent need to update our election 
laws to address these modern challenges. This proposed measure seeks to amend 
Section 261 of the Omnibus Election Code by expanding the definition of vote-buying 
to include acts facilitated through technology, including the use of computers, mobile 
devices, electronic money transfers, and digital applications. It also introduces the 
crime of "cyber vote-buying," ensuring that technological innovations cannot be 
misused to undermine electoral integrity without commensurate legal consequences.
Strengthening our legal framework against both traditional and digital vote­
buying is vital to safeguarding the people's sovereign will and ensuring the credibility 
of our electoral process.
A similar version was filed by Senator Grace Poe in the 19th Congress, this 
measure reflects a steadfast commitment to upholding the integrity of the electoral 
process and protecting the fundamental right of suffrage against emerging threats in 
the digital age.
In view of the foregoing, the immediate passage of this bill is earnestly sought.
NGGOY EJERCITO ESTRADA


t'
TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
■i:rr ■;;( i
)
SENATE
S. Noi048
25 AUG-6 P2:21
UliCElV^lD
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
FURTHER PROTECTING THE INTEGRITY OF THE RIGHT TO SUFFRAGE BY 
AMENDING SECTION 261 OF BATAS PAMBANSA BLG. 881, S. 1985, 
OTHERWISE KNOWN AS THE "OMNIBUS ELECTION CODE," AS AMENDED, 
DEFINING THE CRIME OF CYBER VOTE-BUYING AND VOTE-SELLING, AND 
PROVIDING PENALTIES THEREOF
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Section 261(a)(1) of Batas Pambansa Big. 881, s. 1985, is hereby
2 
amended as follows:
3 
"Section 261. Prohibited Acts. - The following shall be
4 
guilty of an election offense:
5 
"(a) Vote-buying and vote-selling. -
6 
"(1) Any person who gives, offers or promises money
7 
or anything of value, gives or promises any office or
8 
employment, franchise or grant, public or private, or makes
9 
or offers to make an expenditure, directly or indirectly, or
10 
cause an expenditure to be made to any person, association,
11 
corporation, entity, or community in order to induce anyone
12 
or the public in general to vote for or against any candidate
13 
or withhold his vote in the election, or to vote for or against


1 
any aspirant for the nomination or choice of a candidate in a
2 
convention or similar selection process of a political party.
3 
"THIS SHALL ALSO COVER VOTE-BUYING
4 
AND/OR VOTE-SELLING THAT IS COMMITTED
5 
THROUGH ELECTRONIC MEANS OR WITH THE USE OF
6 
INFORMATION 
AND 
COMMUNICATIONS
7 
TECHNOLOGIES, INCLUDING BUT NOT EXCLUSIVE TO
8 
WEBSITES, SOFTWARE, AND APPLICATIONS FOR
9 
ONLINE BANKING AND MONEY REMITTANCES. THE
10 
PENALTY TO BE IMPOSED SHALL BE IMPRISONMENT
11 
OF NOT LESS THAN SIX (6) YEARS BUT NOT MORE
12 
THAN TEN (10) YEARS AND SHALL NOT BE SUBJECT
13 
TO PROBATION."
14 
"X X X."
15 
Sec. 2. Separability Clause. - If any provision is held invalid or unconstitutional,
16 
the remainder of the law or provision not otherwise affected shall remain valid and
17 
subsisting.
18 
Sec. 3. Repeating Clause. - Any law, presidential decree or issuance, executive
19 
order, letter of instruction, administrative order, rule, or regulation contrary to or
20 
inconsistent with the provisions of this Act is hereby repealed, modified, or amended
21 
accordingly.
22 
Sec. 4. Effectivity. - This Act shall take effect fifteen (15) days after its
23 
publication in a newspaper of general circulation.
Approved,