EIGHTEENTH CONGRESS OF THE 
]
REPUBLIC OF THE PHILIPPINES 
]
First Regular Session 
]
S. B. No.
SENATE
726
Of ;oc a »  'r f f n r ?
•19 
JUL 24 All 34
RECti'/CO B"
Introduced by SEN. SHERWIN T. GATCHALIAN
AN ACT
AMENDING SECTIONS 69, 261 (CC) AND 264 OF BATAS PAMBANSA 
BLG. 881, OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE 
OF THE PHILIPPINES, AS AMENDED, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Undoubtedly, the Philippine electoral system is mired in colorful hues 
during election - the feverish appeal attracts candidates coming from different 
parties, several known personalities, some running as independents backed 
by supporters and others from some whimsical personal awakenings.
In a democratic society like ours, the 1987 Constitution guarantees 
equal access to opportunities for public service. However, in a resolution of 
the Supreme Court, it clarified the view that running for public office is a 
privilege, not a right. It is subject to the limitations imposed by law and must 
take into account practical considerations. Although the Commission on 
Elections is mandated by law to receive these certificates of candidacies as its 
ministerial duty, the onslaught of candidates who do not intend nor has the 
logistical capacity to launch a viable campaign unnecessarily engender


additional financial burden to the cash-strapped COMELEC for increased 
allocation of time and resources, and much more, since the new automated 
system would require printing of additional ballots to accommodate the 
greater number of candidates
In view of the foregoing, the earnest p a ssa g o ^ thj)6 bill is earnestly
sought.
T. GATCHALIAN


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
ill
SENATE 
S. B. No.
'19 JUL 24 All -35
RECEIvVCiu...
Introduced by SEN. SHERWIN T. GATCHALIAN
AN ACT AMENDING SECTIONS 69, 261 (CC) AND 264 OF 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 the House o f Representatives o f the 
Philippines in Congress assembled:
1 
SEC. 1. Section 69 of Batas Pambansa Big. 881, as amended, is hereby
2 
further amended to read as follows:
3 
"Section 69. Nuisance Candidates. - The Commission
4 
may, motu propio or upon a verified petition of an interested
5 
party, AFTER DUE NOTICE AND HEARING, refuse to give
6 
due course to or cancel a certificate of candidacy, if it is shown
7 
that said certificate has been filed UNDER ANY OF THESE
8 
CIRCUMSTANCES:
9 
1. To put the election process in mockery or disrepute; [or]
10 
2. To cause confusion among the voters by the similarity of
11 
the names of the registered candidates; [or]
12 
3. TO OBTAIN MONEY, PROFIT, OR ANY OTHER
13 
CONSIDERATION; OR


1 
4. By ANY other circumstance or acts which clearly
2 
demonstrate that the candidate has no bona fide
3 
intention
4 
to run for the office for which the certificate of candidacy
5 
has been filed and thus prevent a faithful determination
6 
of
7 
the true will of the electorate."
8 
SEC. 2. Section 261 (cc) of Batas Pambansa Big. 881 is hereby
9 
amended
10 
to read as follows:
11 
"Section 261. Prohibited Acts. - The following shall be
12 
guilty of an election offense:
13 
(cc) On candidacy and campaign:
14 
l)A n y political party which holds political conventions or
15 
meetings to nominate its official candidates earlier than the period
16 
fixed in this Code.
17 
2) XXX
18 
3) XXX
19 
4) XXX
20 
5) XXX
21 
6) XXX
22 
7) ANY 
PERSON 
WHO 
WAS 
FOUND 
BY 
THE
23 
COMMISSION, AFTER DUE NOTICE AND HEARING, TO
24 
HAVE FILED A CERTIFICATE OF CANDIDACY, UNDER
25 
ANY OF THE FOLLOWING CIRCUMSTANCE:
26
27 
A ) TO 
PUT THE 
ELECTION 
PROCESS IN
28 
MOCKERY OR DISREPUTE;
29 
B) TO 
CAUSE 
CONFUSION 
AMONG 
THE
30 
VOTERS BY SIM ILAR ITY OF THE NAMES OF THE
31 
REGISTERED CANDIDATES;
32 
C) TO OBTAIN MONEY, PROFIT, OR ANY


1 
OTHER CONSIDERATION; OR
2 
D) BY ANY OTHER CIRCUMSTANCES OR
3 
ACTS W HICH CLEARLY DEMONSTRATE THAT THE
4 
CANDIDATE HAS NO BONA FIDE INTENTION TO
5 
RUN 
FOR 
THE 
OFFICE 
FOR 
W HICH 
THE
6 
CERTIFICATE OF CANDIDACY HAS BEEN FILED
7 
AND THUS PREVENT A FAITHFUL DETERMINATION
8 
OF THE TRUE W ILL OF THE ELECTORATE.
9 
SEC. 3. Section 264 of Bates Pambansa Big. 881, is hereby amended
10 
read as follows:
11 
"Sec. 264. Penalties. - Any person found guilty of any
12 
election offense under this Code shall be punished with
13 
imprisonment of not less than one year but not more than six
14 
years and shall not be subject to probation. In addition, the
15 
guilty party shall be sentenced to suffer disqualification to hold
16 
public office and deprivation of the right of suffrage. If he is a
17 
foreigner, he shall be sentenced to deportation which shall be
18 
enforced after the prison term has been served. Any political
19 
party found guilty shall be sentenced to pay a fine of
20 
not less than ten thousand pesos, which shall be imposed
21 
upon such party after criminal action has been instituted in
22 
which their corresponding officials have been found guilty.
23 
In case of prisoner or prisoners illegally released from
24 
any penitentiary or jail during the prohibited 
period as
25 
provided in Section 261, paragraph (n) of this Code, the
26 
director of prisons, provincial warden, keeper of the jail or
27 
prison, or persons who are required by law to keep said
28 
prisoner in their custody shall, if convicted by a competent
29 
court, be sentenced to suffer the penalty of prision mayor in
30 
its maximum period if the prisoner or prisoners so illegally
31 
released 
commit 
any 
act 
of 
intimidation, 
terrorism 
of
32 
interference in the election.


X X X
2
3
4
5
ANY PERSON FOUND GUILTY OF THE ELECTION 
OFFENSE ENUMERATED UNDER SECTION 261 (CC) (7 ) 
SHALL PAY A FINE OF FIFTY THOUSAND (P 50,000.00) 
PESOS TO THE COMELEC."
6 
SEC. 3. Im plem enting Rules and Regulations. - Within sixty (60)
7 
days after the effectivity of this Act, the Commission on Elections shall
8 
promulgate 
the 
necessary 
rules 
and 
regulations 
for 
the 
effective
9 
implementation of this Act.
10 
SEC. 4. S eparability Clause. > Should any provision of this Act or
11 
part hereof be declared unconstitutional or invalid, the other provisions or
12 
parts not affected shall remain valid and effective.
13 
SEC. 5. Repealing Clause. - All laws, decrees, orders and issuances,
14 
or portions thereof, which are inconsistent with the provisions of this Act, are
15 
hereby repealed, amended, or modified accordingly.
16 
SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after
17 
its publication in the Official Gazette or at least two (2) newspapers of
18 
general circulation.
Approved,