FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
First Regular Session 
) 1 
7 JUL -2 
:,I: 
I 1 
OF THE PHILIPPINES 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Present laws provide that appeals from the decisions of courts of general 
jurisdiction as regards election contests are elevated to the Court of Appeals. 
The problem with this set-up is that the Court of Appeals, notable in its campaign 
to provide quality decisions, more often than not, is also burdened with caseloads 
dealing with equally important aspects of law. 
This measure then seeks to modify the appeal process wherein it would 
now be the Commission on Elections (COMELEC) that would have appellate 
jurisdiction over election contests. This would translate into a de-clogging of the 
Court,of Appeals dockets as well as ensuring that election contests would be 
deliberated and resolved by people with technical expertise in election laws. 
earnestly sought. 
Premises considered, the early passage of this legislative measure is 
ESTRADA 
Senator 


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FOURTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
) 
First Regular Session 
) 
S E N A T E  
Senate Bill No. 356 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
AMENDING BATAS PAMBANSA BLG. 881, OTHERWISE KNOWN AS THE 
OMNIBUS ELECTION CODE OF THE PHILIPPINES, AS AMENDED, AND 
FOROTHERPURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Section 256 of Batas Pambansa Blg. 881, otherwise known 
as the Election Code of the Philippines, as amended, is hereby further amended 
to read as follows: 
“SEC.256.APPEALS. - Appeals from any decision 
rendered by [the regional trial] courts of GENERAL AND 
LIMITED JURISDICTION [under Section 251 and paragraph 
two, Section 253 hereof with respect to quo warranto 
petitions filed] in election contests [affecting municipal 
officers, the aggrieved party may appeal to the Intermediate 
Appellate 
Court] 
SHALL 
BE 
FILED 
WITH 
THE 
COMMISSION within five (5) days [after receipt of a copy] 
FROM THE PROMULGATION of the decision OR RECEIPT 
OF THE DECISION. 
No motion for reconsideration shall be entertained by 
the court. The appeal shall be decided within sixty (60) days 
after the case has been submitted for decision, 
NOT LATER THAN NINETY (90) DAYS FROM THE FILING 
OF THE APPEAL.” 
BUT 
SEC. 2. Article XXI is hereby amended to include the following new 
provision: 
“SECTION 256-A. EXECUTION PENDING APPEAL 
IS 
NOT 
ALLOWED. - NOTWITHSTANDING THE 
PROVISIONS OF THE RULES OF COURT, EXECUTION 
OF JUDGMENT PENDING APPEALS SHALL NOT APPLY 
TO ELECTION CASES.” 


SEC. 3. Section 257 of Batas Pambansa Blg. 881 is hereby amended to 
read as follows: 
“SEC. 257. DECISION ON ELECTION CONTESTS. - 
THE PARTY WHO HAS BEEN DECLARED ELECTED 
SHALL HAVE THE RIGHT TO ASSUME OFFICE UPON 
FINALITY OF JUDGMENT.” 
SEC. 4. Repealing Clause. - All laws, presidential decrees, issuances, 
orders, rules and regulations or any part thereof inconsistent herewith are hereby 
amended, repealed or modified accordingly. 
SEC. 5. Effectivity. - This Act shall take effect after fifteen (15) days 
following the completion of its publication in the Official Gazette or in at least two 
(2) newspapers of general circulation. 
Appm ved,