Senate Bill No. 5 3 1 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The ballot is the physical manifestation of a voter's sovereign act of 
choosing a representative for the purpose of good governance. Thus, the sanctity 
of the ballot must at all cost be ensured in any electoral exercise. It is unfortunate 
that modern day elections are marred by irregularities and anomalies brought 
about by twisted means, methods, schemes, and machinations beyond what is 
legally allowed purposely for the advancement of the interests of a few and not of 
the electorate. 
Indeed such acts should be met with the full force of the law and in order 
to do so, our election law should be amended accordingly. 
Premises considered, this proposed legislative measure seeks to amend 
Article XXII, Section 261 (dd) of BP 881 to include other forms of electoral fraud 
and prescribing penalties for their commission. 
Immediate passage of this bill is thus earnestly recommended. 


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FOURTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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7 JUL -2 p5 ::"g 
First Regular Session 
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S E N A T E  
I 
Senate Bill No. 5 3 I 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO AMEND ARTICLE XXII, SECTION 261 (dd) OF BATAS PAMBANSA BLG. 
881, OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE OF THE 
PHILIPPINES, AS AMENDED, TO INCLUDE OTHER FORMS OF ELECTORAL 
FRAUD, PRESCRIBING PENALTIES THEREFORE AND FOR OTHER 
PURPOSES. 
Be it enacted by the Senate and House of Representatives of fhe Philippines in 
Congress assembled: 
SECTION 1. Article 261 (dd) of Batas Pambansa Blg. 881, otherwise 
known as the Omnibus Election Code, as amended, is hereby further amended 
to read as follows: 
(dd) 
Other prohibitions: 
(1) Any person who sells, furnishes, offers, buys, serves or takes 
intoxication, liquor on the days fixed by law for the registration of 
voters in the polling lace, or on the day before the election or on 
election day: Provided, That, hotels and other establishments 
duly certified by the Department of Tourism as tourist oriented 
and habitually in the business of catering to foreign tourist may 
be exempted for justifiable reasons upon prior authority of the 
Commission: Provided further, That foreign taking intoxication 
liquor in said authorized hotels or establishments are exempted 
from the provisions of this subparagraph. 
(2) Any person who opens in any polling place or within a radius of 
thirty (30) meters thereof on election day and during the 
counting of votes, booths or stalls of any kind for the sale, 
dispensing or display of wares, merchandise or refreshments, 
whether solid or liquid, or for any other purposes. 
(3) Any person who holds on election day, fairs, cockfights, boxing, 
horse racing, jai-alai or any other similar sports. 
(4) Refusal to carry election mail matter. Any operator or employee 
of public utility or transportation company operating under a 
certificate of public convenience, including government-owned 
or controlled postal service or its employees or deputized 
agents who refuse to carry official election mail matters free of 
charge during the election period. In addition to the penalty 


prescribed therein, such refusal shall constitute a ground for 
cancellation or revocation of certificate of public convenience or 
franchise. 
(5) Prohibition against discrimination in the sale of air time. Any 
person who operates a radio or television station who, without 
justifiable cause, discriminates against any political party, 
coalition or aggroupment of parties or any candidates in the sale 
of air time. In addition to the penalty prescribed herein, such 
refusal shall constitute a ground for cancellation or revocation of 
the franchise. 
(6)VOTE SHAVINGNOTE PADDING. IN ADDITION TO THE 
OFFENSE PENALIZED UNDER ARTICLE 261 (bb) (I), ANY 
PERSON WHO INDUCES OR ATTEMPTS TO INDUCE ANY 
MEMBER OF THE BOARD OF ELECTION INSPECTORS OR 
BOARD OF CANVASSERS TO TAMPER, INCREASE OR 
DECREASE THE VOTES RECEIVED BY ANY CANDIDATE IN 
ANY ELECTION IN CONSIDERATION OF ANY PROMISE, 
OFFER, GIFT OR PRESENT, PECUNIARY OR OTHERWISE, 
FOR THE PURPOSE OF BENEFITTING ANY CANDITE AND 
ENSURING HIS ELECTION TO A PUBLIC OFFICE SHALL BE 
GUILTY OF THE CRIME OF VOTE 
SHAVINGNOTE 
PADDING. 
VOTE SHAVINGNOTE PADDING OCCURS WHEN, FOR 
THE PURPOSE OF BENEFITTING AND ENSURING THE 
ELECTION OF ANY CANDIDATE TO A PUBLIC OFFICE, ANY 
MEMBER OF THE BOARD OF ELECTION INSPECTORS OR 
CANVASSERS IN CONSIDERATION OF ANY PROMISE, 
GIFT, OFFER OR PRESENT, PECUNIARY OR OTHERWISE, 
FROM ANY PERSON, WILL ALTER, MODIFY OR CHANGE 
THE VOTES OBTAINED BY ANY CANDIDATE EITHER BY: 
REDUCING THE VOTES OBTAINED BY ANY OR 
ALL CANDIDATES AND ADDING IT TO THE VOTES 
OBTAINED BY THE FAVORED CANDIDATE; 
VOTES OBTAINED BY THE FAVORED CANDIDATE; 
(3) 
KNOWINGLY REDUCING THE ACTUAL VOTES 
OBTAINED BY ANY CANDIDATE EXCEPT THAT OF THE 
FAVORED CANDIDATE; 
(1) 
(2) 
KNOWINGLY ADDING VOTES TO THE ACTUAL 
ANY PERSON FOUND GUILTY OF THE OFFENSE OF 
VOTE SHAVING / VOTE PADDING SHALL BE PUNISHED 
WITH 
IMPRISONMENT 
OF 
RECLUSION 
PERPETUA; 
PROVIDED, THAT IF THE OFFENDER OS A PUBLIC 
OFFICIAL OR EMPLOYEE, THE PENALTY SHALL BE 
RELUSION PERPETUA; PROVlDED FURTHER, THAT IN 
ADDITION TO THE PENALTY IMPOSED HEREIN, THE 
OFFENDER SHALL LIKEWISE SUFFER THE ACCESSORY 
PENALTY IMPOSED AND THE DEPRIVATION OF THE 
RIGHT OF SUFFRAGE. 


SEC 2. Separability Clause. If any provision or part of this Act is held to 
be invalid or unconstitutional, other provisions hereof which are not effected 
thereby shall continue to be in full force and effect. 
SEC 3. Repealing Clause. All provisions of law, presidential decrees or 
issuances, orders, including rules and regulations inconsistent herewith are 
hereby repealed or modified accordingly. 
SEC 4. Effectivity. This Act shall take effect after fifteen (15) days 
following its publication in the Official Gazette or in at least two (2) newspapers of 
general circulation. 
Approved,