SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Tntroduced by Representative Rufus B. Rodriguez an
Representative Maximo B. Rodriquez, Jr.

House BillNo, _ 3997

EXPLANATORY NOTE

Direct grassroots participative democracy is best exemplified by the periodic electoral
and political exercises which give meaning to the declarations in the Constitution that
“Sovereignty resides in the people and all government authority emanates from them” and
that "Public office is @ public trust.”

Gleaned from the failures experienced and the lessons leamed from past elections,
in the light of the nation’s quest for restoration of credibility and integrity of our electoral
processes, it is absolutely imperative to pursue and introduce additional reforms and
modemization to the current electoral processes to be more responsive to the changing
political scenery so that posterity, progress and good governance be attained thereby
through a continuing development of free, orderly, honest, peaceful and credible elections.

This bill seeks to introduce the much needed reforms and modernization to the
current electoral processes.

Approval of this bill is earnestly sought.

RYFUS B. ROI UEZ

pie
MAXIMO B. RODRIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Repre e Maximo B. Rodriquez, Jr.

omnis, LEEW

AN ACT
INTRODUCING ADDITIONAL REFORMS IN THE ELECTORAL SYSTEM AND FOR
OTHER PURPOSES

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

Section 1. Title. - This Act shall be known and cited as “The Electoral Reforms Law of
2014”.

Section 2. Declaration of Policy. - It is the policy of the State to ensure free, orderly,
honest, peaceful and credible elections and assure the secrecy and sanctity of the ballot as
well as guarantee equal opportunity for public service in order that the results of elections,
plebiscites, referenda and other electoral exercises shall be accurately reflective of the
genuine will of the people.

Section 3. Law governing elections. - The synchronized local and national elections in
May 2016 and all subsequent elections, referenda, plebiscites and other electoral exercises
shall be governed by this act and by the provisions of Batas Pambansa Big. 881, otherwise
known as the Omnibus Election Code of the Philippines, and other election laws not
inconsistent with this act

Section 4. Full implementation of automated election system. ~ For the May 2016
synchronized national and local elections and all subsequent elections and plebiscites, the
Commission on Elections shall fully implement the automated election system provided for
under Republic Act No. 8436 for the process of voting, counting of votes and
canvassing/consolidation of results of the national and local elections in all areas within the
country for all positions.

Section 5. Regular elections in ARMM. — National and local elections in the Autonomous
Region in Muslim Mindanao (ARMM) shall be held and conducted one (1) month | in
advance of the schedule of regular national and local elections in all other areas in the
country.

Section 6. Election and campaign periods. — Unless otherwise fixed in special cases by
the Commission on Elections, the election period shall commence one hundred twenty
(120) days before the day of the election and shall end thirty (30) days thereafter.

The period of campaign shalll be as follows:

4. Presidential, Vice-Presidential, Senatorial and Party List election — 120 days;

2. Election of Members of the House of Representatives and local election ~ 90

days;
3. Barangay election — 15 days
The campaign periods shall not include the day before and the day of the election


Section 7. Composition and per diems of Board of Election Inspectors. — The Board of
Election Inspectors to be constituted by the Commission on Elections under Section 164 of
Batas Pambansa Big, 881, as amended by Section 13 of Republic Act No. 6646, directly or
through its duly authorized representatives, shall be composed of a Chairman, a Poll Clerk
and a Third Member, all of whom shall be public school teachers giving preference to those
with permanent appointments, plus two (2) additional members each representing and
nominated by the administration party and dominant minority party. The per dlems of all the
members of the Board of Election Inspectors shall be paid by the Commission on Elections

Section 8. Printing of electoral forms. - The official ballots, election returns and all other
electoral forms, papers and documents to be used by the Commission on Elections in any
election, plebiscite, referendum and other electoral exercises shall be printed exclusively by
the National Printing Office and/or the Bangko Sentral ng Pilipinas printing facilities, under
the exclusive supervision and control of the Commission on Elections which shall determine
and provide the necessary security measures in the printing, storage and distribution
thereof, No electoral forms, papers and documents shall be printed in excess of that which is
allowed to be printed pursuant to the ratio provided by law. The printing of electoral forms,
papers and documents by any entity other than the National Printing Office or the Bangko
Sentral ng Pilipinas printing faclities and the printing of electoral forms, papers and
documents in excess of that which is allowed by law shall constitute the election offense of
electoral sabotage.

Section 9. Posting of campaign materials. - Candidates, political parties and party-list
groups may post any lawful propaganda materials in private places with the consent of the
owner thereof and in public places and property which shall be allocated equitably and
impartially among the candidates, political parties and party list groups: Provided, that nails.
tuckers or staple wires cannot be used in posting campaign materials on plants and trees.

Section 10. Limitation upon expenses of candidates and political parties. — No
candidate shall spend for his election campaign an aggregate amount exceeding the total
amount of what he will legally eam by way of salary and other emoluments from his elective
position for the entire single term of office. A duly accredited political party may spend for
the election of its candidates in the constituency or constituencies where it has official
candidates an aggregate amount not exceeding the equivalent of what its candidates can
lawfully spend as provided in the preceding sentence of this section.

Section 11. Limitation upon elective officials. — An elective official who at midterm runs
for any other elective position shall be considered automatically resigned from office upon
his fling of a Certificate of Candidacy for such other elective position. Elective positions
vacated by those running for other positions shall be filled up in the same election

Section 12. Resolutions of election cases. ~ Electoral cases filed with the courts and the
Commission on Elections shall be resolved and disposed of by the courts and the
Commission on Elections not later than the first trimester of the term of office of the position
subject of the case

Section 13. Limitation upon party affiliation. - Every elective official shall maintain his
affiliation with the political party under which he was elected to office for the duration of his
term of office, except for the last six (6) months preceding the expiration of his term of office
‘Any elective official who has been suspended or expelled for whatever reasons during his
term of office by the political party under which he was elected to office shall be ineligible to
affiliate with any other political party except for the last six (6) months preceding the
expiration of his term of office


Section 14. Nullification of excess votes. ~ The votes of any candidate which exceed the
number of votes cast or the number of registered voters in any precinct shall automatically
be nullified by the Board of Election Inspectors

Section 15. Counting of Votes for President and Vice-President by Congress as the
National Board of Canvassers for the Election of President and Vice-President. —
When it appears that any ceriificate of canvass or supporting statement of votes by precinct
bears erasures or alterations which may cast doubt as to the veracity of the number of votes
stated therein and may affect the result of the election, upon request or motion of the
Presidential or Vice Presidential candidate concerned or his counsel or party, Congress or
its joint congressional committee created to canvass the votes for President and Vice-
President shall, for the sole purpose of verifying the actual number of votes cast for
President and Vice-President, automatically refer to and open the copy of the election
returns submitted to Congress of the precinct or precincts involved and immediately count
and canvass the votes as they appear in the copies of said election returns submitted to
Congress. Congress or its joint congressional committee created to canvass the votes for
President and Vice-President cannot refuse or defer the opening of the congressional copy
of election retums for purposes of counting and canvassing the votes stated therein, much
less simply note such motion or request made by a Presidential or Vice Presidential
candidate concemed or his counsel or party. A violation of this provision shall constitute the
election offense of electoral sabotage

Section 16. Penalties. - a) Any candidate or official of any political party who violates the
provisions of Sections 6, 9 and 10 hereof shall be punished with imprisonment of not less
than six (6) years but not more than twelve (12) years or a fine ranging from Fifty Thousand
Pesos (Php50,000.00) to Five Hundred Thousand Pesos (Php500,000.00) or both, Such
candidate or political party official shall likewise be disqualified to hold public office, The
political party which violates the provisions of Sections 6, 9 and 10 hereof shall pay a fine of
not less than One Hundred Thousand Pesos (Php100,000.00) but not more than One Million
Pesos (Php1,000,000.00). Such political party shall likewise be subject to administrative
sanctions by the Commission on Elections which shall include temporary or permanent
cancellation of the party's registration.

b) Any public official or private individual who violates the provisions of Section 8 or
any member of Congress who violates the provisions of Section 15 hereof shall be punished
with imprisonment of not less than twelve (12) years but not more than twenty (20) years or
a fine ranging from Five Hundred Thousand Pesos (Php500,000.00) to One Million Pesos
(Php1,000,000.00) or both. Such public official, member of Congress or private individual
shall likewise be disqualified to hold public office

¢) Any elective official who violates the provisions of Section 13 hereof shall be
disqualified to hold public office. Any political party who accepts the affiliation of any elective
official in violation of the provisions of Section 13 hereof shall likewise be subject to
administrative sanctions by the Commission on Elections which shall include temporary or
permanent cancellation of the party's registration

Section 17. Separability Clause. - If any part or provision of this Act shall be declared
unconstitutional, the validity and effectivity of the other parts and provisions shall not be
affected thereby.

Section 18. Repealing Clause. - Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the
provisions of this Act is hereby repealed, modified or amended accordingly.

Section 19. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.
Approved,