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P~"l?', r;' 
FIFTEENTH CONGRESS OF THE 
) 
,J 
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REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
"1' 
i~OV 29 fn :39 
SENATE 
S. No. 3073 
Introduced by Senator JUAN PONCE ENRILE 
EXPLANATORY NOTE 
Article XXII of Batas Pambansa Bilang 881 otherwise known as the Omnibus 
Election Code (BP 881) defines what constitutes election offenses. In particular, Section 
261 (w) provides: 
Prohibition against construction of public works, delivery of materials for 
public works and issuance of treasury warrants and similar devices. -
During the period of forty-five days preceding a regular election and thirty 
days before a special election, any person who (a) undertakes the 
construction of any public works, except for projects or works exempted in 
the preceding paragraph; or (b) issues, uses or avails of treasury warrants 
or any device undertaking future delivery of money, goods or other things 
of value chargeable against public funds. 
Paragraph (b) of the foregOing provision, as it is worded, is too broad that it can 
be read to cover and prohibit any act of issuance or use of treasury warrants or any 
device undertaking future delivery of money, goods or other things of value chargeable 
against public funds without qualification. The Supreme Court in Robert P. Guzman v. 
Commission on Elections, Mayor Randolph S. Ting and Salvacion Garcia (G.R. No. 
182380, 28 August 2009) applied a literal interpretation of the foregoing provision so as 
to include a broader scope of prohibited acts. The Supreme Court found that the 
issuance of the treasury warrant during the period of the election ban violated Section 
261 (w) of BP 881 holding that whether or not the treasury warrant in question was 
intended for public works was of no moment in determining if the legal provision was 
violated. 
Section 261 (w) is lifted from Section 64 (d) of Batas Pambansa Silang 697 
entitled An Act to Govern the Election of Members of the Batasang Pambansa on May 
14,1984 and the Selection of Sectoral Representatives Thereafter, Appropriating Funds 
Therefor and For Other Purposes (BP 697), which provides: 
(d) Prohibition against construction of public works, delivery of materials 
for public works and issuance of treasury warrants and similar devices. -
During the period of forty-five days preceding the election of May 14, 
1984, any person who (a) undertakes the construction of any public works, 
except for projects or works exempted in the preceding section; or (b) 


i 
issues, uses or avails of treasury warrants or any device undertaking 
future delivery of money, goods or other things of value chargeable 
against public funds; or (c) who thereafter receives any payment for the 
prohibited construction. 
Section 64 (d) contemplates three (3) offenders within its coverage: 
1. The person who undertakes the construction of public works; 
2. The person who issues, uses or avails of treasury warrants or similar device in 
payment of the public works; and 
3. The person who receives payment for the prohibited construction. 
The offenses defined under Section 64 (d) all pertain to public works. 
Section 264 (w) of BP 881 and Section 64 (d) of BP 697 have identical titles 
which demonstrate that both were moved by the same legislative intent to limit their 
application to public works. There is nothing in the records of the legislative proceedings 
on Election Offenses under BP 881 which indicates that the deletion of paragraph (c) of 
Section 64 (d) from the body of Section 261(w) carries the legislative intent to penalize 
persons who issue, use or avail of treasury warrants or similar devices for any legal and 
lawful purpose not related with any prohibited construction. Moreover, to hold otherwise 
would unnecessarily impede delivery of public service by the government during the 
duration of the election ban. 
This bill, therefore, aims to clarify and avoid confusion in the application of 
Section 261 (w) of BP 881 by expressly limiting its coverage to acts pertaining to public 
works. 
Hence, this Representation humbly asks the approval of this bill. 


, 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
) 
) 
SENATE 
Senate Bill No. 3079 
i' , . 
Introduced by Senator Juan Ponce Enrile 
AN ACT 
I~OV 29 
p', ''''9 
I 
) 
'_J 
AMENDING PROVISION Sec. 261 (w) OF THE OMNIBUS ELECTION CODE (Batas 
Pambansa Bilang 881) 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
Section 1. 
Sec. 261, Paragraph (w) on Prohibited Acts under the Omnibus 
Election Code, otherwise known as Batas Pambansa Bilang 881, is hereby amended to 
read as follows: 
Sec. 261. Prohibited Acts.---The following shall be guilty of an election offense: 
(a) xxx 
(b) xxx 
x X X 
(w) 
Prohibition against construction of public works, delivery of materials for 
public works and issuance of treasury warrants and similar devices.---During the period 
forty-five (45) days preceding a regular election and thirty days before a special 
election, any person who (a) undertakes the construction of any public works, except for 
the projects or works exempted in the preceding paragraph; or (b) IN PAYMENT 
THEREOF, issues, uses or avails of treasury warrants or any device undertaking any 
future delivery of money, goods or other things of value chargeable against public 
funds; 
Section 2. 
This act shall take effect after fifteen (15) days following its 
publication in at least two newspapers of general circulation. 
Approved,