Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House sino, 2191

Introduced by AKBAYAN Representatives Walden F. Bello and Kaka J. Bag-ao

EXPLANATORY NOTE

In past elections, including the 14 May 2007 elections, it has become a practice of armed
groups like the New People’s Army (NPA) and its allied organizations, the Communist Party of
the Philippines (CPP) and the National Democratic Front (NDF), to demand for or extort money
or other valuable consideration from candidates for public office and from political parties, and
persons acting in their behalf, in exchange for so-called “permits to campaign” (PTCs) and the
like that allows the latter to campaign freely inside the former's claimed “territories”

This undemocratic and reprehensible practice completely goes against the principle and
concept of free elections that underlie our democratic system of government, as well as that of
all other countries that profess to be democratic. It violates the provisions of our Constitution
on political freedoms and civil liberties and human rights. Among others, it violates Article IX,
C, Sec. 10, which states: “Bona fide candidates for any public office shall be free from any form
of harassment and discrimination”. It also violates provisions of the International Covenant on
Civil, Political Rights (ICCPR), specifically Art. 19, on the freedom of expression, and Art. 25, on
the right to political participation, among others.

This practice also goes against the principles of human rights, political freedom and of electoral
reform that even the NDF, CPP and NPA themselves profess to adhere to, among others, in
their peace negotiation with the government. This practice curtails the freedom of citizens and
their political parties and organizations to campaign anywhere in the country for their
candidates and promote their political and electoral platforms, as well as the right of voters to
be freely informed about candidates and political parties contending for public office.

In the interest of freely and fairly contested elections and freely and fairly conducted
campaigns, there is a need to enact legislation that would make this practice an electoral
offense under our election laws and punishable as such.

In view of the foregoing reasons, as well as the fact that the House of Representatives approved
this bill on third reading during the Twelfth Congress, the urgent and early approval of this bill is
earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House sino. 24 94

Introduced by AKBAYAN Representatives Walden F. Bello and Kaka J. Bag-ao

AN ACT
AMENDING SECTION 261 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 House of Representatives in Congress assembled:

SECTION 1. Section 261, on Prohibited Acts, of Batas Pambansa Big. 881,
otherwise known as the Omnibus Election Code of the Philippines, as amended, is
hereby amended, by inserting a new paragraph to read as follows:

“(cc) On Candidacy and Campaign:

(1) 0%

(2) 0%

(3) xxx

(4) 0x

(5) xxx

(6) xxx

(7) IT SHALL BE UNLAWFUL FOR ANY PERSON OR GROUP OF PERSONS TO
ASK FOR OR DEMAND ANY AMOUNT OF MONEY OR ANY OTHER VALUABLE
CONSIDERATION, BY WHATEVER MEANS, FROM ANY POLITICAL PARTY,
CANDIDATE, OR ANY PERSON ACTING IN THEIR BEHALF, IN THE GUISE OF
ISSUING SO-CALLED ‘PERMITS TO CAMPAIGN’ (PTCS) AND THE LIKE, OR IN THE
GUISE OF SOLICITING PROJECTS OR PROGRAMS, IN EXCHANGE FOR THE RIGHT
TO FREELY CAMPAIGN ANYWHERE IN THE PHILIPPINES,

IT SHALL LIKEWISE BE UNLAWFUL FOR ANY CANDIDATE, OR ANY PERSON
ACTING IN HIS/HER BEHALF, OR ANY MEMBER OR OFFICIAL OF ANY POLITICAL
PARTY, OR ANY PERSON ACTING IN THEIR HEHALF, TO WILLINGLY PAY ANY
AMOUNT OR GIVE ANY VALUABLE CONSIDERATION TO ANY SUCH PERSON OR*
GROUP OF PERSONS MENTIONED IN THE PRECEDING PARAGRAPH, ASKING FOR
OR DEMANDING THE SAME.

ANY PERSON WHO IS A VICTIM OR HAS WITNESSED OR HAS KNOWLEDGE
OF THE COMMISSION OF THE OFFENSE MENTIONED IN THE IMMEDIATELY
PRECEDING PARAGRAPH MAY AVAIL OF THE WITNESS PROTECTION, SECURITY
AND BENEFIT PROGRAM PURSUANT TO EXISTING LAWS.”


SECTION 2. Separability Clause. - \f any portion or provision of this Act is
declared void or unconstitutional, the remaining portions or provisions hereof shall not
be affected by such declaration.

SECTION 3. Repealing Clause. ~All laws, decrees, orders, rules, and regulations,
other issuances, or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after

its publication in Official Gazette or in at least two (2) newspapers of general circulation.

Approved, ,