RECEIVED

SEVENTEENTH CONGRESS ) pare:_19 JUL 2016
REPUBLIC OF THE PHILIPPINES ) TiN: S78 ay,
First Regular Session ) by:

HOUSE OF REPRESENTATIVES
preisTRATON UNIT

Introduced by Representative Maximo B. Roliriguaz

1632

EXPLANATORY NOTE

House Bill No.

This bill was originally introduced as House Bill Nos. 2614 and 2769 during the
Fourteenth Congress where it was approved by the House of Representatives and
transmitted to the Senate. It was again re-flled during the 15" Congress as House Bill No.
584 where it was again approved by the Committee on Suffrage and Electoral Reforms and
substituted with House Bill No, 4145, approved on 2 reading, approved on 3" reading and
was transmitted to the Senate where it was not acted upon. It was further re-filed during the
16" Congress.

The political exercise of suffrage is the express manifestation of an individual's
sovereign act of choosing a representative for the purpose of delegating the powers,
functions and duties related to governance. As such, violations of any character that tend to
destroy the sanctity of this act of sovereignty must be dealt with the full force of the law.
Unfortunately, current penalties provided for by our election laws are inadequate in order to
deter violators form committing acts that undermine the sovereign will. It is thus imperative
that certain election offenses be classified as heinous while other offenses be given the
appropriate penalty with the end in view of ensuring the sanctity of one's sovereign will in the
selection of our nation’s public servants.

History has proven that national and local elections in our country are always
characterized by widespread and systematic fraud at all levels with incidents of violence and
terrorism in certain areas. Although present election laws provide for penalties for the
commission of election-related offenses, these, however, are not enough to deter violators
from committing the same.

This proposed legislative measure seeks to increase the range of penalties for the
commission of certain elected-related offenses in order to provide a better deterrent with the
end in view of ensuring clean, orderly, honest and credible elections for the country’s future
generation.

Hence, the immediate passage of this billis earnestly requested

Ul

MAXIMO &. RODRIGUEZ, JR.


SEVENTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriquez, Jr.

1692

House Bill No.

AN ACT
IDENTIFYING OTHER PERSONS CRIMINALLY LIABLE FOR ELECTION OFFENSES
AND INCREASING THE PENALTIES FOR ELECTION-RELATED OFFENSES,
AMENDING SECTIONS 263 AND 264 OF BATAS PAMBANSABILANG 881, AS
AMENDED OR THE “OMNIBUS ELECTION CODE OF THE PHILIPPINES”, AND
SECTION 46 OF REPUBLIC ACT NO. 8189 OR “THE VOTER’S REGISTRATION ACT OF
1996”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. The State shall ensure fair, honest, orderly and peaceful elections, safeguard
the integrity and sanctity of the ballot and uphold the sovereign will of the electorate. It shall
impose greater penalties for election offenses, more so when attended by violence,
coercion, intimidation, force or threats

SEC. 2. Section 263 of Batas Pambansa Bilang 881, as amended, is hereby further
amended to read as follows:

"SEC. 263. Persons criminally liable The principals, accomplices,
and accessories, as defined in the Revised Penal Code, shall be criminally liable
for election offenses. If the one responsible be a political party or an entity, its
president or head, the officials and employees of the same, performing duties
connected with the offense committed and its members who may be principals,
accomplices, or accessories shall be SEPARATELY liable, in addition to the
liability of such party or entity, THE PERSON WHO MAY BE HELD
CRIMINALLY LIABLE FOR ELECTION OFFENSE SHALL INCLUDE THE
MEMBERS OF THE BOARD OF ELECTION INSPECTORS, THE MEMBERS
OF THE BOARD OF CANVASSERS ANDIOR OFFICIALS OF THE
COMMISSION ON ELECTIONS WHO AID, ASSIST OR PARTICIPATE,
DIRECTLY OR INDIRECTLY, TO THE COMMISSION THEREOF.”

SEC. 3. Section 264 of Batas PambansaBilang 881, as amended, is hereby further

amended to read as follows:
“SEC 264. Penalties. - (A) Any person found guilty of any election
offense under this Code shall be punished with imprisonment of not less
than [one yearJSIX YEARS AND ONE DAY but not more than
[six]TWELVE years and shall not be subject to probation. In addition, the
guilty party shall be sentenced to suffer PERPETUAL disqualification to
hold public office and deprivation of the right of suffrage. If [he]THE
GUILTY PARTY is a foreigner, [he shall be sentenced to]THE
SENTENCE SHALL BE ONE OF deportation which shall be enforced
after the prison term has been served. Any political party,{found
guiltyJPOLITICAL COALITION, PARTY-LIST, OR AGGRUPATION
ORGANIZED FOR POLITICAL PURPOSE TO WHICH THE GUILTY


PARTY IS A MEMBER shall be sentenced to pay a fine of not less than
[ten thousand]FIVE HUNDRED THOUSAND pesos, [which shall be
imposed upon such party after criminal action has been instituted in which
their corresponding officials have been found guiltyJAS PART OF THE
CIVIL LIABILITY IN CONNECTION WITH THE ELECTION OFFENSE

“(B) In case of prisoner or prisoners illegally released from any
Penitentiary or jail during the prohibited period as provided in Section 264,
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 [prison mayor in its maximum
periodJRECLUSION PERPETUA if the prisoner or prisoners so illegally
released commit any act of intimidation, terrorism [of] OR interference in
the election, AND THE SUBJECT PRISONER OR PRISONERS SHALL
LIKEWISE BE SENTENCED TO RECLUSION PERPETUA.

[Any person found guilty of the offence of failure to register or
failure to vote shall, upon conviction, be fined one hundred pesos, In
addition, he shall suffer disqualification to run for public office in the next
succeeding election following his conviction or be appointed to a public
office for a period of one year following his conviction]

“(C)_ ANY OFFICER OR EMPLOYEE OF THE COMMISSION ON
ELECTIONS, OR ANY OFFICER, EMPLOYEE OR MEMBER OF THE
ARMED FORCES OF THE PHILIPPINES, OR ANY POLICE FORCE,
SPECIAL FORCES, HOME DEFENSE FORCES, BARANGAY SELF-
DEFENSE UNITS AND ALL OTHER PARAMILITARY UNITS THAT
NOW EXIST FOUND GUILTY OF ANY ELECTION OFFENSE UNDER
THIS ACT SHALL BE PUNISHED WITH THE MAXIMUM PENALTY
THEREOF.
“(D) ANY PERSON FOUND GUILTY OF AN ELECTION OFFENSE OR
PROHIBITED ACT UNDER SECTIONS 261 AND 262 IN RELATION TO
SECTION 264 OF THE OMNIBUS ELECTION CODE OF THE
PHILIPPINES, AS AMENDED, WHICH BY ITS NATURE IS
COMMITTED THROUGH OR WITH VIOLENCE, COERCION,
INTIMIDATION, FORCE OR THREATS OR WHERE THE COMMISSION
OF WHICH IS ATTENDED BY SUCH VIOLENCE, COERCION,
INTIMIDATION, FORCE OR THREATS, SHALL BE PUNISHED WITH
IMPRISONMENT OF NOT LESS THAN TWELVE YEARS AND ONE
DAY BUT NOT MORE THAN TWENTY YEARS WITH THE
ACCESSORY PENALTIES OF PERPETUAL DISQUALIFICATION TO
HOLD PUBLIC OFFICE AND DEPRIVATION OF THE RIGHT OF
SUFFRAGE. IF THE GUILTY PARTY IS A FOREIGNER, HE/SHE
SHALL BE SENTENCED TO DEPORTATION WHICH SHALL BE
ENFORCED AFTER HIS/HER SERVICE OF THE IMPOSED PRISON
TERM.

“THE POLITICAL PARTY, POLITICAL COALITION, PARTY-LIST
OR AGGRUPATION ORGANIZED FOR POLITICAL PURPOSE TO
WHICH THE GUILTY PARTY IS A MEMBER SHALL BE SENTENCED
TO PAY A FINE OF FIVE HUNDRED THOUSAND PESOS AS PART OF
THE CIVIL LIABILITY IN CONNECTION WITH THE ELECTION
OFFENSE.”

SEC. 4. Section 46 of Republic Act No. 8189 is hereby amended to read as follows:


ISEC. 46.Penaities— Any person found guilty of any Election offense
under this Act shall be punished with imprisonment of not less than one (1)
year but not more than six (6) 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 deported after the prison term has been served. Any political party
found guilty shall be sentenced to pay a fine of not less than One hundred
thousand pesos (P100,000) but not more than Five hundred thousand pesos
(P600,000),]

“SEC. 46. PENALTIES. - (A) ANY PERSON FOUND GUILTY OF
ANY ELECTION OFFENSE UNDER THIS CODE SHALL BE PUNISHED
WITH IMPRISONMENT OF NOT LESS THAN SIX YEARS AND ONE DAY
BUT NOT MORE THAN TWELVE YEARS AND SHALL NOT BE
SUBJECT TO PROBATION. IN ADDITION, THE GUILTY PARTY SHALL
BE SENTENCED TO SUFFER PERPETUAL DISQUALIFICATION TO
HOLD PUBLIC OFFICE AND DEPRIVATION OF THE RIGHT OF
SUFFRAGE. IF THE GUILTY PARTY IS A FOREIGNER, THE SENTENCE
SHALL BE ONE OF DEPORTATION WHICH SHALL BE ENFORCED
AFTER THE PRISON TERM HAS BEEN SERVED. ANY POLITICAL
PARTY, POLITICAL COALITION, PARTY-LIST OR AGGRUPATION
ORGANIZED FOR POLITICAL PURPOSE TO WHICH THE GUILTY
PARTY IS A MEMBER SHALL BE SENTENCED TO PAY A FINE OF NOT
LESS THAN FIVE HUNDRED THOUSAND PESOS, AS PART OF THE
CIVIL LIABILITY IN CONNECTION WITH THE ELECTION OFFENSE.

“(B) ANY PERSON FOUND GUILTY OF AN ELECTION OFFENSE
OR PROHIBITED ACT UNDER SECTION 45, WHICH BY ITS NATURE IS
COMMITTED THROUGH OR WITH VIOLENCE, COERCION,
INTIMIDATION, FORCE OR THREATS OR WHERE THE COMMISSION
OF WHICH IS ATTENDED BY SUCH VIOLENCE, COERCION,
INTIMIDATION, FORCE OR THREATS, SHALL BE PUNISHED WITH
IMPRISONMENT OF NOT LESS THAN TWELVE YEARS AND ONE DAY
BUT NOT MORE THAN TWENTY YEARS WITH THE ACCESSORY
PENALTIES OF PERPETUAL DISQUALIFICATION TO HOLD PUBLIC
OFFICE AND DEPRIVATION OF THE RIGHT OF SUFFRAGE. IF THE
GUILTY PARTY IS A FOREIGNER, HE/SHE SHALL BE SENTENCED TO.
DEPORTATION WHICH SHALL BE ENFORCED AFTER THE SERVICE
OF THE IMPOSED PRISON TERM.

“(C) ANY OFFICER OR EMPLOYEE OF THE COMMISSION ON
ELECTIONS, OR ANY OFFICER, EMPLOYEE OR MEMBER OF THE
ARMED FORCES OF THE PHILIPPINES, OR ANY POLICE FORCE,
SPECIAL FORCES, HOME DEFENSE FORCES, BARANGAY SELF-
DEFENSE UNITS AND ALL OTHER PARAMILITARY UNITS THAT NOW
EXIST FOUND GUILTY OF ANY ELECTION OFFENSE UNDER THIS ACT
SHALL BE PUNISHED WITH THE MAXIMUM PENALTY THEREOF.”

SEC. 5. Aggravating Circumstance. - If any of the crimes defined in the Revised Penal
Code is committed in connection with an election or political exercise, such election-related
element shall be appreciated as an aggravating circumstance in imposing the appropriate
penatty.

SEC. 6, Separate and Concurrent Prosecution. - Any person who commits an election
offense or prohibited act under the Omnibus Election Code of the Philippines and under

4


Section 45 of Republic Act No. 8189 which act or acts also constitute felony under the
Revised Penal Code, shall be prosecuted separately and concurrently under the Omnibus
Election Code of the Philippines and the Revised Penal Code.

SEC. 7. Repealing Clause— The pertinent provisions of the Omnibus Election Code of the
Philippines, other laws, presidential decrees and issuances, executive orders, rules and
regulations, or parts thereof inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.

SEC, 8. Separability Clause— If any provision of this Act shall be held to be
unconstitutional or invalid, other parts or provisions hereof which are not affected thereby
shall continue to be in full force and effect.

SEC. 9. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) newspapers of general circulation.

Approved