Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
Nineteenth Congress
Second Regular Session
HoUsEBILLNo.9676
RECEIVED
DATEELoi2ro,#
Introduced by Representative MA. VICTORIA CO-PILAR
EXPLANATORY NOTE
The  electoral  process  in  the  Philippines  is  governed  by  the  five-decade  old
Omnibus Election Code or Batas Pambansa Bilang 881 (BP 881). This law gives life
to the constitutional right of every Filipino to suffrage, or simply the people's right
to vote. To uphold the sanctity of electoral process in the country, BP 881 included
a crucial provision discouraging nuisance candidates from filing their certificate
of candidacy (CCX=).
In Section 69 of BP 881, there are three instances which makes a person a nuisance
candidate: first, if he or she files a CCX= to put the election process in mockery or
disrepute; second, if the CCX= filing is used to cause confusion among the voters
by the similarity of the names of the registered candidates; and lastly, by 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.
Despite the efforts of the Commission on Elections  (COMELEC)  to deny  due
course or to order the disqualification of a nuisance candidate, the lack of stiffer
language in the law to prohibit the engagement of a nuisance candidate puts the
entire  electoral  system  into  disrepute  which  then  misleads  the  citizenry.  To
remedy   this   problem,   certain  provisions   of  BP  881   should   be   amended
accordingly.
Through this bill, Sections 69, 261  (cc),  and 264 of BP 881  will be amended to
include nuisance candidacy as an election offense with a corresponding penalty.
In view of the foregoing, the passage of this bill is earnestly sought.
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
Nineteenth Congress
Second Regular Session
HousE BILL No. 9676
Introduced by Representative MA. VICTORIA CO-PILAR
AN ACT
PROVIDING AN ADDITIONAL GROUND FOR CANCELLING THE
CERTIFICATE 0F CANDIDACY 0F A NUISANCE CANDIDATE AND
MAKING THE ACTS 0F A NUISANCE CANDIDATE AN ELECTION
OFFENSE, AMENDING SECTIONS 69, 261 (CC) AND 264 0F BATAS
PAMBANSA BLG. 881, OTHERWISE KNOWN AS THE "OMNIBUS
ELECTION CODE 0F THE PHILIPPINES", AS AMENDED, AND FOR
OTHER PURPOSES
Be it enacted by the  Senate and House of Representatives of the  Philippines in
Congress assembled:
1      Section 1. Section 69 of Batas pambansa Blg. 881, as amended, is hereby further
2      amended to read as follows:
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Section 69. Nz#.sfl7tae G¢7td!.dries. - The Commission may, mo£#
prop7i.a 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 0F THESE 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)  T0    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.
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4      Sec 2. Section 261 (cc) of Batas pambansa Blg. 881 is hereby amended to read as
5      follows :
6                               Section 261. Proha.I".fed Acts. -The following shall be guilty of
7                   an election offense:
8                  (cc) On candidacy and campaign:
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10                 7)  ANY PERSON WII0 WAS FOUND BY THE COMMISSION,
11                  AFTER  DUE  NOTICE  AND  HEARING,  T0  HAVE  FILED  A
12                 CERTIFICATE   0F   CANDIDACY,   UNDER   ANY   0F   THE
13                  FOLLol^7ING CIRCUMSTANCE:
14                        A) TO  PUT THE ELECTION  PROCESS  IN  MOCKERY  OR
15                                DISREPUTE;
16                        8)  T0  CAUSE  CONFUSION  AMONG  THE  VOTERS  BY
17                              SIMILARITY  OF  THE  NAMES  0F  THE  REGISTERED
18                               CANDIDATES;
19                        C)  T0    OBTAIN   MONEY,   PROFIT,   OR   ANY   OTHER
20                              CONSIDERATION; OR
21                        D) BY ANY OTHER CIRCUMSTANCES OR ACTS WHICH
22                              CLEARLY  DEMONSTRATE  THAT  THE  CANDIDATE
23                             HAS N0 B0NA FIDE INTENTION T0 RUN FOR THE
24                              OFFICE     FOR     l^7IIICH     THE     CERTIFICATE      0F
25                              CANDIDACY HAS BEEN FILED AND THUS PREVENT A
26                             FAITHFUL DETERNINATI0N OF THE TRUE l^rlLL OF
27                               THE ELECTORATE.
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29      Sec  3. Section 264 of Batas Pambansa 81g.  881,  is hereby amended to read as
3o      follows:
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Sec. 264. Pe7zflJfr.es. - Any person found guilty of any election
offense under this Code shall be punished with imprisonment of not
lessthanoneyearbutnotmorethansixyearsandshallnotbesubject
to probation. In addition, the guilty party shall be sentenced to suffer
disqualification from holding public office and deprivation of the


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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.
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ANY  PERSON  FOUND  GUILTY  0F  THE  ELECTION
OFFENSE   ENUMERATED   UNDER   SECTION   261   (CC)   (7)
SHALL PAY A FINE 0F NOT LESS THAN FIFTY THOUSAND
(PHP50,000) PESOS T0 THE COMELEC.
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22      See  4.  Implementing  Rules  and  Regulations  -  Wit:him  sixty  (60|  days  aLfter  the
23      effectivity of this Act, the commission on Elections shall promulgate the necessary
24      rules and regulations for the effective implementation of this Act.
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26      Sec  5.  Sapflrrzb!.Zi.fy  Czfl#se  -  If  any  provision  or  part  hereof  is  held  invalid  or
27      unconstitutional, the remainder of the law or the provision not otherwise affected
28      shall remain valid and subsisting.
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3o      Sec 6. RepcflJz.rzg czorsc -Any law, presidential decree or issuance, executive order,
31      letter  of  instruction,  administrative  order,  rule  or  regulation  contrary  to  or
32      inconsistent with, the provisions of this Act are hereby repealed, modified,  or
33      amended accordingly.
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1      Sec  7.  £#gctiz%.fy  a¢ttsc  -  This  Act  shall  take  effect  fifteen  (15)  days  after  its
2      publication in the official Gazette or in a newspaper of general circulation.
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4                  Ap proved,