Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH (15°) CONGRESS:

House BilNo 9184

Introduced by Representative Arnel U. Ty

EXPLANATORY NOTE

This bill seeks to amend sec. 261, (w) of Batas Pambansa Bilang 881
otherwise known as the Omnibus Election Code. Section 261 covers election
offenses. It enumerates what are election offenses, it defines how they are
committed and who are liable for their commission. Some provisions are new,
while some had been lifted from previous election laws. According to the
Omnibus Election Code, Par. (w) of Sec. 261 is a lift from Par. (d), Sec. 64 of
Batas Pambansa Bilang 697 entitled An Act to Govern the Election of
Members of the Batasang Pambansa on May 14, 1984 and the Selection of
Sectoral Representatives Thereafter, Appropriating Funds Therefor and For
Other Purposes.

Sec. 261 (w) of the Omnibus Election Code reads:

“(w) Prohibition against construction of public works, delivery of
materials for public works and issuance of treasury warrants and
similar devices.—During the period of forty five (45) days
preceding a regular election and thirty (30) days before a special
election, any person who (a) undertakes the construction of any
public works, except for projects or works exempted in the
preceding paragraph; or (b) issues, uses or avails of treasury
warrants or any device undertaking future delivery of money,
goods or other things of value chargeable against public funds.”
(Underscoring Supplied)

Sec. 64 (d) Batas Pambansa Bilang 697 (BP 697 for brevity) reads:

“Sec. 64. Prohibited Acts.—In addition to the prohibited
acts provided in the 1978 Election Code, or declared unlawful or
as an election offense in the preceding articles of this Act, the
following shall be guilty of an election offense:

xx x

(d) Prohibition against construction of public works, delivery
of material for public works and issuance of treasury warrants
and similar devices—During the period of forty five (45) days
preceding the election on May 14, 1984, any person who


(a) Undertakes the construction of any public works, except
for projects or works exempted in the preceding section; or (b)
issues, uses or avails of treasury warrants or any device
undertaking future delivery of money, goods or other things of
value chargeable against public funds or (c) who thereafter
receives any payment for the prohibited construction.”

It must be stated that the titles of the two provisions are identical. They
present the three acts covered by the provision

1. the act of undertaking the prohibited construction

2. the act of issuing treasury warrants or similar devices to finance
the prohibited construction and

3. the act of receiving payment for the prohibited construction

These identical titles suggest that the legislative intent that animated
Sec. 64 (d) of BP 697 is the same legistative intent that animated Sec. 261 (w)
of BP 881—1o prohibit the construction of public works, delivery of materials
for public works and the issuance of treasury warrants or any similar device
for the prohibited construction. It suggests, further, that the legislative intent is
to relate the three acts to public works. Of the three acts, the third-that of
Teceiving the payment for the prohibited construction logically connects to the
second act because it speaks of issuing treasury warrants or similar device to
finance the prohibited construction. Thus, the conclusion that all three acts
cannot be divorced from public works is inescapable.

The three (3) offenders under Sec. 64 (d} are

1. the person who undertakes the construction of public works

2. the person who issues, uses or avails of treasury warrants or similar
device in payment of the public works and

3. the person who receives any payment for the prohibited construction.

When BP 881 was passed, Sec. 64 , (d) was lifted and became its Sec.
261 (w). As will be noted, while letter (c) of Sec. 64 (d) remained in the title of
Sec. 261 (w) of BP 881 but it was deleted from the body of Sec. 261 (w). Its
deletion was not to change the legislative intent but for a very good purpose-
to avoid sideswiping those not intended by the provision. To penalize persons
who received payment for the prohibited construction will include poor, lowly
paid workers and laborers whose interests is never on the whys of the
construction but only on the daily wage that it promises al the end of the day.
The deletion, therefore, was only to exclude those who innocently received
pay in exchange for their labor but never to change the legislative intent
alluded to above.

In the records of the legislative proceedings on Election Offenses
under BP 881, nothing hints that the deletion carries the legislative intent to
open up the floodgates as to consider criminal offenders all those who issue,
use or avail of treasury warrants or similar device for innocent official


transactions during the election period. Neither did it imply coverage for
issuances of treasury warrants ot similar device for a any legal, lawful and
valid purpose that has nothing to do with any prohibited construction.

The desired amendment is to make clear the legislative intent to thwart
any misimpression. In fact, such misimpression has already happened. To
avoid a repeat, this bill deserves a good look from the honorable members of
this House to ensure passage of this bill into a law.

-

ARNEL U. TY
u PARTY LIST


Republic of the Philippines
HOUSE OF REPRESNTATIVES
Quezon City
FIFTEENTH CONGRESS
First Regular Session

House Bill No. 5181

Introduced by Honorable Amel U. Ty

AN ACT
AMENDING PROVISION Sec. 261 (w) OF THE OMNIBUS ELECTION
CODE (Batas Pambansa Bilang 881)

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

Section. 1. Sec. 261, Paragraph {w) on Prohibited Acts under the
Omnibus Election Code, otherwise known as Batas Pambansa Bilang 881, is
hereby amended to read as follows:-

Sec. 261. Prohibited Acts.--The following shall be guilty of an election
offense:
(a) 0x

{B) x0
xX xX X

(w) Prohibition against construction of public works, delivery of
materials for public works and issuance of treasury warrants and similar
devices. —During the periad of forty-five(45) days preceding a regular election
and thirty days before a special election, any person who (a) undertakes the
construction of any public works, except for the projects or works exempted in
the preceding paragraph; or (b) IN PAYMENT THEREOF, issues, uses of
avails of treasury warrants or any device undertaking any future delivery of
maney, goods or other things of value chargeable against public funds;

Sec. 2. This act shall take effect after fifteen (15) days following its
publication in at least two newspapers of general circulation.