THIRTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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5 MAR -1 
AI035 
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SENATE 
S. B. No. 
1339 
Introduced by SENATOR 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 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. 
Premises considered, the early passage of this legislative measure is 
earnestly sought. 
U 
Senator 
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THIRTEENTH CONGRESS OF 
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5 f'lAR -1 
A10 :45 
THE REPUBLIC OF THE PHILIPPINES 
i 
First Regular Session 
1 
193'3 
S.B. No. 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
AN ACT 
AMENDING BATAS PAMBANSA BLG. 881, OTHERWISE KNOWN AS THE 
OMNIBUS ELECTION CODE OF THE PHILIPPINES, AS AMENDED, AND 
FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTlON 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: 
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"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 


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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, BUT NOT LATER THAN 
NINETY (90) DAYS FROM THE FILING OF THE APPEAL.” 
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SEC. 2. Article XXI is hereby amended to include the following new 
provision: 
“SECTION 256-A. EXECUTION PENDING APPEAL 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: 


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"SEC. 257. DECISION ON ELECTION CONTESTS. - THE 
PARTY WHO HAS BEEN DECLARED ELECTED SHALL HAVE 
THE RIGHT TO ASSUME OFFICE UPON FINALLITY 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. Eflectivity. - This Act shall take effect after fifteen (15) 
days following the completion of its publication in the Oficial Gazette or in 
at least two (2) newspapers of general circulation. 
Approved,