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NINETEENTH CONGRESS \S i
First Regular Session

HOUSE BILL NO. 6204

Introduced by Representative Rex Gatchalian

AN ACT
PROVIDING AN ADDITIONAL GROUND FOR CANCELLING THE CERTIFICATE
OF CANDIDACY OF A NUISANCE CANDIDATE AND MAKING THE ACTS OF A
NUISANCE CANDIDATE AN ELECTION OFFENSE, 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

A nuisance candidate is one who puts the election process in mockery or
disrepute or causes confusion among the voters by the similarity of the names of the
registered candidates or by other circumstances or acts which clearly demonstrate
that the candidate has no bona fide intention to run for office, thus preventing a
faithful determination of the true will of the electorate. The certificate of candidacy
of such candidate is not given due course by the Commission on Election
(COMELEC).

Accordingly, this bill seeks to curb the emerging unethical electoral practice
of some individuals profiting from the elections by using their names or resources
with the end goal of abusing the system, thus, debasing our constitutionally-
guaranteed right to suffrage and free elections. Such practice must stop, and
identifying and penalizing these acts are the right first steps in protecting our
democracy.

In view of the foregoing, approval of this bill i

GATCHALIAN
Representative
1 District, Valenzuela City


eoYanarwone

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Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session
HOUSE BILL No.6204
———————————————
Introduced by Representative Rex Gatchalian
_———

AN ACT
PROVIDING AN ADDITIONAL GROUND FOR CANCELLING THE CERTIFICATE
OF CANDIDACY OF A NUISANCE CANDIDATE AND MAKING THE ACTS OF A
NUISANCE CANDIDATE AN ELECTION OFFENSE, 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 of Representatives of the Philippines in
Congress assembled:

SECTION. 1. Section 69 of Batas Pambansa Big. 881, as amended, is hereby
further amended to read as follows:

Section 69. Nuisance Candidates. - The Commission may,

motu propio or upon a verified petition of an interested party,

AFTER DUE NOTICE AND HEARING, refuse to give due course to

or cancel a certificate of candidacy, if it is shown that said

certificate has been filed UNDER ANY OF THESE

CIRCUMSTANCES:

1) To put the election process in mockery or disrepute; [or]

2) To cause confusion among the voters by the similarity of the
names of the registered candidates; [er]

3) TO OBTAIN MONEY, PROFIT, OR ANY OTHER
CONSIDERATION; OR

4) BY ANY other circumstance or acts which clearly demonstrate
that the candidate has no bona fide intention to run for the
office for which the certificate of candidacy has been filed and
thus prevent a faithful determination of the true will of the
electorate.


1 SEC. 2. Section 261 (cc) of Batas Pambansa Big. 881 is hereby amended to

2 read as follows:

3

4 Section 261. Prohibited Acts. - The following shall be guilty

5 of an election offense:

6

i (cc) On candidacy and campaign:

8 1) xxx

9

10 7) ANY PERSON WHO WAS FOUND BY THE COMMISSION,
qi AFTER DUE NOTICE AND HEARING, TO HAVE FILED A
12 CERTIFICATE OF CANDIDACY, UNDER ANY OF THE
13 FOLLOWING CIRCUMSTANCE:
14 A) TO PUT THE ELECTION PROCESS IN MOCKERY OR
15 DISREPUTE;

16 B) TO CAUSE CONFUSION AMONG THE VOTERS BY
17 SIMILARITY OF THE NAMES OF THE REGISTERED
18 CANDIDATES;
19 C) TO OBTAIN MONEY, PROFIT, OR ANY OTHER
20 CONSIDERATION; OR
21 D) BY ANY OTHER CIRCUMSTANCES OR ACTS WHICH
22 CLEARLY DEMONSTRATE = THAT THE CANDIDATE
23 HAS NO BONA FIDE INTENTION TO RUN FOR THE
24 OFFICE FOR WHICH THE CERTIFICATE OF
25 CANDIDACY HAS BEEN FILED AND THUS PREVENT A
26 FAITHFUL DETERMINATION OF THE TRUE WILL OF
27 THE ELECTORATE.
28
29 SEC. 3. Section 264 of Bates Pambansa Big. 881, is hereby amended to read
30 as follows:
31
32 Sec. 264. Penalties. - Any person found guilty of any election
33 offense under this Code shall be punished with imprisonment of
34 not less than one year but not more than six years and shall not
35 be subject to probation. In addition, the guilty party shall be
36 sentenced to suffer disqualification to hold public office and


OYARHAWNHE

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deprivation of the right of suffrage. If he is a foreigner, he shall be
sentenced to deportation which shall be enforced after the prison
term has been served. Any political party found guilty shall be
sentenced to pay a fine of not less than ten thousand pesos, which
shall be imposed upon such party after criminal action has been
instituted in which their corresponding officials have been found
guilty.

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 said prisoner in their custody shall, if
convicted by a competent court, be sentenced to suffer the penalty
of prision mayor in its maximum period if the prisoner or prisoners
so illegally released commit any act of intimidation, terrorism of
interference in the election.

xxx

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.

SEC. 4. Implementing Rules and Regulations. - Within sixty (60) days
after the effectivity of this Act, the Commission on Elections shall promulgate
the necessary rules and regulations for the effective implementation of this Act.

SEC. 5. Separability Clause. - Should any provision of this Act or part
hereof be declared unconstitutional or invalid, the other provisions or parts not
affected shall remain valid and effective.

SEC. 6. Repealing Clause. - All laws, decrees, orders and issuances, or
portions thereof, which are inconsistent with the provisions of this Act, are
hereby repealed, amended, or modified accordingly.


1 SEC. 7. Effectivity. - This Act shall take effect fifteen (15) days after its
2 publication in the Official Gazette or at least two (2) newspapers of general
3 circulation in the Philippines.

Approved,