Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
34 Regular Session

House Bill No. __ 6252

Introduced by Honorable Sherwin T. Gatchalian

Explanatory Note

Undoubtedly, the Philippine electoral system is mired in colorful hues
during election ~ the feverish appeal attracts candidates coming from different
parties, several known personalities, some running as independents backed by
supporters and others from some whimsical personal awakenings.

In a democratic society like ours, the 1987 Constitution guarantees equal
access to opportunities for public service. However, in a resolution of the
Supreme Court, it clarified the view that running for public office is a privilege,
not a right. It is subject to the limitations imposed by law and must take into
account practical considerations. Although the Commission on Elections is
mandated by law to receive these certificates of candidacies as its ministerial
duty, the onslaught of candidates who does not intend nor has the logistical
capacity to launch a viable campaign unnecessarily engender additional
financial burden to the cash-strapped Comelec for increased allocation of time
and resources, and much more, since the new automated system would require
printing of additional ballots to accommodate the greater number of candidates.
Hence, this bill further institutionalizes other grounds to determine what
nuisance candidates are. And, further classifying these acts as an election
offense, providing for the imposition of fine asa gensurate penalty.

In view of the foregoing, the early pfésage of #his bill is earnestly sought.

AN
First district, Valenzuela City

Representativ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
34 Regular Session

6252

House Bill No.

Introduced by Honorable Sherwin T. Gatchalian

AN ACT 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 Blg. 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 THE 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; [or]

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.”

Sec. 2. Section 261 (cc) of Batas Pambansa Big. 881 is hereby amended
to read as follows:

“Section 261. Prohibited Acts. - The following shall be guilty
of an election offense:


xxx
(cc) On candidacy and campaign:
(1) Any political party which holds political conventions or

meetings to nominate its official candidates earlier than the period
fixed in this Code.

(2) xxx
(3) xx
(4) xx
(5) xxx
(6) xxx

(7) ANY PERSON WHO WAS FOUND BY THE
COMMISSION, AFTER DUE NOTICE AND HEARING, TO HAVE
FILED A CERTIFICATE OF CANDIDACY, UNDER ANY OF THE
FOLLOWING CIRCUMSTANCE:

(A) TO PUT THE ELECTION PROCESS IN
MOCKERY OR DISREPUTE;

(B) TO CAUSE CONFUSION AMONG THE VOTERS
BY SIMILARITY OF THE NAMES OF THE REGISTERED
CANDIDATES;

(C) TO OBTAIN MONEY, PROFIT, OR ANY OTHER
CONSIDERATION; OR

(D) BY ANY OTHER CIRCUMSTANCES 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.

SEC. 3. Section 264 of Batas Pambansa Blg. 881, is hereby amended
to read as follows:

“Sec. 264. Penalties. - Any person found guilty of any
election offense under this Code shall be punished with
imprisonment of not less than one year but not more than six
years and shall not be subject to probation. In addition, the


guilty party shall be sentenced to suffer disqualification to
hold public office and 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 (P50,000.00)
PESOS TO THE COMELEC.”

SEC. 3. 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. 4. 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. 5. 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.

SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved,