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SIXTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
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First Regular Session 
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JUL 17 P 3 :11 
SENATE 
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Senate Bill No.' 8 H B 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Article II Section 1 of the 1987 Constitution provides: 
"The Philippines is a democratic and republican state, Sovereignty resides 
in the people and all government authority emanates from them," 
Being a democratic and republican state, we adopted a system where a 
majority of our populace is given the chance to choose the persons who deserve 
to be invested with powers to govern them and promote their welfare for a period 
of time. This process is known as an election. A credible, honest, free, clean and 
orderly election, which is truly reflective of the will of the electorate, is what our 
country needs for it to move forward, 
It is sad to note, however, that here in our country, the result of every 
election is, most often, mired by irregularities and anomalies that destroy the 
sanctity of the ballot Some personalities, particularly candidates who are not 
faring well during elections, employ means, methods, schemes and machinations 
beyond what is legally allowed for their personal advances. This practice should 
not be condoned by the government, but instead, sanctioned with the full extent of 
the law. 
The immediate passage of this bill is therefore earnestly solicited. 
OY EJERCITO ESTRADA 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 8 G 9 
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JUL n P:: :11 
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, AS 
AMENDED, TO INCLUDE OTHER FORMS OF ELECTORAL FRAUD, 
PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 261 (dd) of the Batas Pambansa Big, 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, other, buys, serves or 
takes intoxicating liquor on days fixes by law for the 
registration of voters in the polling place, or on the day before 
the election or on the 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 tourist taking intoxicating 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 meters thereof on election days and during the 
counting of vQtes, 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 races, jai-alai or any other similar sorts (Par. 
(iii), (d». 
(4) 
Refusal to carry mail matter. Any operator or employee 
of a public utility or transportation company operating under a 
certificate of public convenience, including government-
owned or controlled postal service or its employee or 
deputized agents who refuse to carry official election mail 


matters free of charge during the election period. In addition to 
the penalty 
Prescribed herein, such refusal shall constitute a ground for 
cancellation or revocation of certificate of public convenience 
or franchise (Par. (kkk), (d)). 
(5) 
Prohibition against discrimination in the sale of air 
time. Any person who operates a radio or television station 
who without justifiable cause discriminate against any political, 
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)(1)(B) HEREOF, ANY PERSON WHO INDUCES OR 
ATTEMPS TO INSPECTORS OR BOARD OF CANVASSERS 
TO TAMPER, INCREASE OR DECREASE THE VOTES 
RECEIVED BY ANY CANDIDATES IN ANY ELECTION IN 
CONSIDERATION OF ANY PROMISE, OFFER, GIFT OR 
PRESENT, 
PECUNIARY OR OTHERWISE, 
FOR THE 
PURPOSE OF BENEFITING ANY CANDIDATES AND 
ENSURING HIS/HER ELECTION TO A PUBLIC OFFICES 
SHALL 
BE 
GUILTY 
OF 
THE 
CRIME 
OF 
VOTE 
SHAVINGNOTE PADDING. 
VOTE SHAVINGNOTE PADDING OCCURS WHEN FOR 
THE PURPOSE OF BENEFITING AND ENSURING THE 
ELECTION OF ANY CANDIDATES TO A PUBLIC OFFICE, 
ANY 
MEMBER 
OF 
THE 
BOARD 
OF 
ELECTION 
INSPECTORS 
OR 
BOARD 
OF 
CANVASSERS 
IN 
CONSIDERATION OF ANY PROMISE, GIFT, OFFER OR 
PRESENTS, PECUNIARY OR OTHERWISE, FROM ANY 
PERSON, WILL ALTER, MODIFY OR CHANGE THE VOTES 
OBTAINED BY CANDIDATES EITHER BY: 
(1) 
REDUCING THE VOTES OBTAINED BY ANY OR ALL 
CANDIDATES AND ADDING IT TO THE VOTES OBTAINED 
BY THE FAVORED CANDIDATES; 
(2) 
KNOWINGLY ADDING VOTES TO THE ACTUAL VOTES 
OBTAINED BY THE FAVORED CANDIDATES; 
(3) 
KNOWINGLY 
REDUCING 
THE 
ACTUAL 
VOTES 
OBTAINED BY ANY CANDIDATE EXCEPT THAT OF THE 
FAVORED CANDIDATE. 
ANY PERSON FOUND GUILTY OF THE OFFENSE OF 
VOTE SHAVINGNOTE PADDING SHALL BE PUNISHED 
WITH IMPRISONMENT OF NOT LESS THAN TWENTY 
YEARS BUT NOT MORE THAN FORTY YEARS; PROVIDED, 
THAT IF THE OFFENDER IS A PUBLC OFFICIAL OR 
EMPLOYEE, THE PENALTY SHALL BE DEATH; PROVIDED, 
FURTHER, 
THAT 
IN 
ADDITION 
TO THE 
PENALTY 
IMPOSED HEREIN, THE OFFENDER THAT LIKEWISE 


SUFFER THE ACCESORY PENALTY ATTACHED TO THE 
PRICIPAL PENALTY IMPOSED AND DEPRIVATION OF THE 
RIGHT TO SUFFRAGE." 
SEC. 2. Separability Clause. -
If any provision or part of this Act is 
declared invalid or unconstitutional, other provision hereof which are not effected 
thereby shall continue to be in full force and effect. 
SEC. a. Repealing.Clause. -All provision of law, orders, decrees, including 
rules and regulations inc<;msistent herewith are hereby repealed or modified 
accordingly. 
SEC. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days 
following its publication in the Official Gazette or at least two (2) national 
newspapers or circulation. 
Approved,