FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. __ 3818
EXPLANATORY NOTE

The 1987 Philippine Constitution provides that no arrests shall be made
without an arrest warrant legally issued by the proper authorities. However, the law
also provides for exceptions wherein an arrest may be lawfully made even without a
warrant.

‘As such, an absolute ban on warrantless arrests is not only against the law
but is also impractical. There may be instances when an arrest.is needed
immediately even without a warrant, which usually takes a long time before one can
be secured.

In the Philippines, elections stand hand-in-hand with election related violence
and premature campaigning. It is, unfortunately, almost common practice for majority
of candidates to resort to premature campaigning to gain an upper hand

Section 266 of the Omnibus Election Code provides that No person shall be
arrested and/or detained at any time for any alleged offense committed during and in
connection with any election through any act or language tending to support or
oppose any candidate, political party or coalition of political parties under or pursuant
to any order of whatever name or nature and by whomsoever issued except only
upon a warrant of arrest issued by a competent judge after all the requirements of
the Constitution shall have been strictly complied with.

This law on election campaign does not deter these types of illegal
campaigning because it practically makes the COMELEC a toothless tiger so to
speak as it provides for an absolute ban on warrantless arrests in connection with
election campaigns. Even if a person is committing a crime, in the presence of a
COMELEC official or any person, he/she could not be arrested in view of Sec 266.

It is imperative that Sec. 5, Rule 113 of the Rules of Court on warrantless
arrests which provides that:
Sec. 5. Arrest without warrant; when lawful. ~ A peace officer or
a private person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be
arrested has committed, is actually committing,
or is attempting to commit an offense;


(b) When an offense has just been committed
‘and he has probable cause te believe based on
personal knowledge of facts or circumstances
that the person to be arrested has committed it,
and
(c) When the person to be arrested is a prisoner
who has escaped from a penal establishment or
place where he is serving final judgment or is
temporarily confined while his case is pending,
or has escaped while being transferred from one
confinement to another.

In cases falling under paragraphs (a) and (b) above, the
person arrested without 2 warrant shall be forthwith delivered to
the nearest police station or jail and shall be proceeded against
in accordance with section 7 of Rule 112.

be availed of by the COMELEC and any citizen in election related violations.

In view of the foregoing, immediate passage of this bill is eamestly requested.
a

RUF} Ly EZ
oe

MAXIMO.8. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES =)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No.__3813

AN ACT
REPEALING SECTION 266 OF BATAS PAMBANSA 881 OTHERWISE KNOWN
AS THE OMNIBUS ELECTION CODE OF THE PHILIPPINES

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

SECTION 1. Section 266 of BP 881, otherwise known as the Omnibus Election Code
of the Philippines, which absolutely prohibits the arrest of persons for any alleged
offense committed during and in connection with any election through any act or
language tending to support or oppose any candidate, political party or coalition of
political parties under or pursuant to any order of whatever name or nature and by
whomsoever issued is hereby repealed.

SEC. 2. Repealing Clause. — All executive orders, rules and regulations, or parts
thereof, which are contrary to or inconsistent with this Act are hereby repealed,
amended or modified accordingly.

SEC. 3 Effectivity. - This Act shall take effect after fifteen (15) days from its
Publication in at least two (2) national newspapers of general circulation.