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,__ 984

EXPLANATORY NOTE

This bill was originally introduced as House Bill Nos. 2514 and 2769 by the
undersigned Rufus B. Rodriguez during the Fourteenth Congress. They were
approved by the Committee on Suffrage and Electoral Reforms as substitute House
Bill No. 3292 under Committee Report No. 202, dated December 12, 2007. It was
approved on 2™ reading on December 12, 2007 and 3rd reading on December 18,
2007. It was transmitted to the Senate on January 3, 2008 where it was not acted
upon.

The political exercise of suffrage is the express manifestation of. an
individual’s sovereign act of choosing a representative for the purpose of delegating
the powers, functions and duties related to governance. As such, violations of any
character that tend to destroy the sanctity of this act of sovereignty must be dealt with
the full force of the law. Unfortunately, current penalties provided for by our election
laws are inadequate in order to deter violators form committing acts that undermine
the sovereign will. It is thus imperative that certain election offenses be classified as
heinous while other offenses be given the appropriate penalty with the end in view of
ensuring the sanctity of one’s sovereign will in the selection of our nation’s public
servants,

History has proven that national and local elections in our country are always
characterized by widespread and systematic fraud at all levels with incidents of
violence and terrorism in certain areas. Although present election laws provide for
penalties for the commission of election-related offenses, these, however, are not
enough to deter violators from committing the same.

This proposed legislative measure seeks to increase the range of penalties for
the commission of certain elected-related offenses in order to provide a better
deterrent with the end in view of ensuring clean, orderly, honest and credible elections
for the country’s future generation.

Hence, the immediate passage of this bill is earnestly requested.

RUFUS B. RO} (GUEZ

MAXIMO B. 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 BillNo.__ 84

AN ACT

INCREASING THE PENALTIES FOR ELECTION OFFENSES ATTENDED
BY VIOLENCE, COERCION, INTIMIDATION, FORCE OR THREATS, AND
FOR OTHER ELECTION OFFENSES

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

SECTION 1. Declaration of Policy. — In order to help ensure fair, honest,
orderly and peaceful elections, safeguard the integrity and sanctity of the ballot, and
uphold the sovereign will of the electorate, graver penalties shall be imposed for
election offenses attended by violence, coercion, intimidation, force or threats.

SEC. 2. Penalty for Election Offenses Attended by Violence. ~ Any person
found guilty of an election offense or prohibited act under Sections 261 and 262 in
relation to Section 264 of the Omnibus Election Code of the Philippines, as amended,
and Section 45 of Republic Act No. 8189, which by its nature is committed through or
with violence, coercion, intimidation, force or threats or where the commission of
which is attended by such violence, coercion, intimidation, force or threats, shall be
punished with imprisonment of not less than twelve (12) years and one (1) day but not
more than twenty (20) years with the accessory penalties of perpetual disqualification
to hold office and deprivation of the right of suffrage. If the guilty party is a foreigner,
he shall be sentenced to deportation which shall be enforced after his service of the
imposed prison term.

The political party, political coalition, party-list or aggrupation organized for
political purpose to which the guilty party is a member shall be sentenced to pay a
fine of five hundred thousand pesos (PhP500, 000.00) as part of the civil liability in
connection with the election offense.

SEC. 3. Aggravating Circumstance. ~ If any of the crimes defined in the
Revised Penal Code is committed in connection with an election or political exercise,
such election-related element shall be appreciated as an aggravating circumstance in
imposing the appropriate penalty.

SEC. 4. Separate and Concurrent Prosecution. — Any person who commits
an election offense or prohibited act under the Omnibus Election Code and under
Section 45 of Republic Act No. 8189 which act or acts also constitute a felony under


the Revised Penal Code, shall be prosecuted separately and concurrently under the
Omnibus Election Code and the Revised Penal Code.

SEC. 5. Penalty for Other Election Offenses. -- Section 264 of Batas
Pambansa Blg. 881, otherwise known as the Omnibus Election Code of the
Philippines, as amended, is hereby further amended to read as follows:

"SEC. 264. Penalties. - Any person found guilty of any
election offense under this Code shall be punished with
imprisonment of not less than SIX YEARS AND ONE DAY but
not more than TWELVE YEARS. In addition, the guilty party
shall be sentenced to suffer PERPETUAL disqualification to
hold public office and deprivation of the right of suffrage. IF THE
GUILTY PARTY IS A FOREIGNER, HE SHALL BE
SENTENCED TO DEPORTATION WHICH SHALL BE
ENFORCED AFTER HIS SERVICE OF THE IMPOSED
PRISON TERM. Any political party, POLITICAL COALITION,
PARTY-LIST, OR AGGRUPATION ORGANIZED FOR
POLITICAL PURPOSE TO WHICH THE GUILTY PARTY IS A
MEMBER shall be sentenced to pay a fine of not less than FIVE
HUNDRED THOUSAND pesos AS PART OF THE CIVIL
LIABILITY IN CONNECTION WITH THE ELECTION
OFFENSE. In case of prisoner or prisoners illegally released
from any penitentiary or jail during the prohibited period as
provided in Section 261, paragraph (n) of this Code, the director
of prisons, provincial warden, keeper of the jail or prison, or
persons who are required by law to keep the said prisoner in
their custody shall, if convicted by a competent court, be
sentenced to suffer the penalty of RECLUSION PERPETUA if
the prisoner or prisoners so illegally released commit any act of
intimidation, terrorism, or interference in the election, AND THE
SUBJECT PRISONER OR PRISONERS SHALL LIKEWISE BE
SENTENCED TO RECLUSION PERPETUA.

ANY OFFICER OR EMPLOYEE OF THE COMMISSION
ON ELECTIONS, OR ANY OFFICER, EMPLOYEE, OR
MEMBER OF THE ARMED FORCES OF THE PHILIPPINES,
OR ANY POLICE FORCE, SPECIAL FORCES, HOME
DEFENSE FORCES, BARANGAY SELF-DEFENSE UNITS
AND ALL OTHER PARA-MILITARY UNITS THAT NOW EXIST
FOUND GUILTY OF ANY ELECTION OFFENSE UNDER THIS
ACT SHALL BE PUNISHED WITH THE MAXIMUM PENALTY
THEREOF.

SEC. 6. Application of Penalty for Election Offenses. -- The penalty
herein provided shall be applied to election offenses enumerated in Section
261 of the Omnibus Election Code, as amended, to other election offenses
listed in Section 262 of the same Code, and to election offenses provided for
under Section 45 of Republic Act No. 8189.


SEC. 7. Other Persons Criminally Liable. — In addition to the
provisions of Section 263 of the Omnibus Election Code, as amended, the
person liable for the above-mentioned crimes shall include the members of
the Board of Elections Inspectors, the members of the Board of Canvassers
and/or officials of the Commission of Elections who aids, assists or
participates, directly or indirectly, to the commission thereof.

SEC. 8. Repealing Clause. — The pertinent provisions of the Omnibus
Election Code of the Philippines, other laws, presidential decrees and
issuances, executive orders, rules and regulations, or parts thereof,
inconsistent with the provisions of this Act are hereby repealed or modified
accordingly

SEC. 9. Separability Clause. - If any provision or part of this Act shall
be held to be unconstitutional or invalid, other parts or provision hereof which
are not affected thereby shall continue to be in full force and effect.

SEC. 10. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in at least two (2) newspapers of

general circulation which shall not be later than seven days after the approval
thereof.

Approved,