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FOURTEENTH CONGRESS OF THE REPUBLIC 
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7 
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OF THE PHILIPPINES 
1 
First Regular Session 
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S E N A T E  
Senate Bill No. 3 5 8 
INTRODUCED BY SEN. JINGGOY WERCITO ESTRADA 
EXPLANATORY NOTE 
Article I1 Section 1 of the 2987 Constitution provides: 
"The Philippines is a democratic and republican state. Sovereignty 
resides in the people and all government authority emanates from 
them." 
Being a democratic and republican state, we adopted a system where a 
majority of our populace is given the chance to choose the persons who deserve 
to be invested with powers to govern them and promote their welfare for a period 
of time. This process is known as an election. A credible, honest, free, clean and 
orderly election, which is truly reflective of the will of the electorate, is what our 
country needs for it to move forward. 
It is sad to note, however, that here in our country, the result of every 
election is, most often, mired by irregularities and anomalies that destroy the 
sanctity of the ballot. Some personalities, particularly candidates who are not 
faring well during elections, employ means, methods, schemes and machinations 
beyond what is legally allowed for their personal advancement. This practice 
should not be condoned by the government, but instead, sanctioned with the full 
extent of the law. 
The immediate passage of this bill is therefore earnestly solicited. 


7 JUL -2 8 ' : .  .<- : 
1
'
 1 ,  
FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
I'iECEIVl'r? F r y :  
S E N A T E  
Senate Bill No. 3 5 8 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO AMEND ARTICLE XXII, SECTION 261 (DD) OF BATAS PAMBANSA BLG. 
881, OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE, AS 
AMENDED, TO INCLUDE OTHER FORMS OF ELECTORAL FRAUD, 
PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and House of Representatives of the Phiiippines in 
Congress assembled: 
SECTION 1. Article 261 (dd) of the Batas Pambansa Blg. 881, otherwise 
known as the Omnibus Election Code, as amended, is hereby further amended 
to read as follows: 
(dd) 
Other prohibitions: 
(1) 
Any person who sells, furnishes. offers, buys, serves or 
takes intoxicating liquor on the days fixed by law for the registration 
of voters in the polling place, or on the day before the election or on 
the election day: Provided, that hotels and other establishments 
duly certified by the Department of Tourism as tourist oriented and 
habitually in the business of catering to foreign tourist may be 
exempted for justifiable reasons upon prior authority of the 
Commission: 
Provided, further, that foreign tourists taking 
intoxicating liquor in said authorized hotels or establishments are 
exempted from the provisions of this subparagraph. 
(2) 
Any person who opens in any polling place or within a radius 
of thirty meters thereof on election days and during the counting of 
votes, booths or stalls of any kind for the sale, dispensing or display 
of wares, merchandise or refreshments, whether solid or liquid, or 
for any other purposes. 
(3) 
Any person who holds on election day, fairs, cockfights, 
boxing, horse races, jai-alai or any other similar sports (Par. 
(iii),(d)). 
(4) 
Refusal to cavy election mail matter. Any operator or 
employee of a public utility or transportation company operating 
under a certificate of public convenience, including governm,ent- 
owned or controlled postal service or its employees or deputized 
agents who refuse to carry official election mail matters free of 
charge during the election period. 
In addition to the penalty 


prescribed herein, such refusal shall constitute a ground for 
cancsllation or revocation of certificate of public convenience or 
franchise (Par. (kkk),(d)). 
(5) 
Prohibition against discrimination in the sale of air time. Any 
person who operates a radio or television station who without 
justifiable cause discriminate against any political party, coalition or 
aggroupment of parties or any candidate in the sale of air time. In 
addition to the penalty prescribed herein, such refusal shall 
constitute a ground for cancellation or revocation of the franchise. 
OFFENSE PENALIZED UNDER ARTICLE 261 (BB)(I)(B) 
HEREOF, ANY PERSON WHO INDUCES OR ATTEMPTS TO 
INDUCE ANY MEMBER OF THE BOARD OF ELECTION 
INSPECTORS OR BOARD OF CANVASSERS TO TAMPER, 
INCREASE OR DECREASE THE VOTES RECEIVED BY ANY 
CANDIDATE IN ANY ELECTION IN CONSIDERATION OF ANY 
PROMISE, OFFER, GIFT OR PRESENT, PECUNIARY OR 
OTHERWISE, 
FOR THE PURPOSE OF BENEFITING ANY 
CANDIDATE AND ENSURING HISHER ELECTION TO A PUBLIC 
OFFICE SHALL BE GUILTY OF THE CRIME OF VOTE 
SHAVINGNOTE PADDING. 
(6) 
VOTE-SHAVINGNOTE PADDING. IN ADDITION TO THE 
VOTE SHAVINGNOTE PADDING OCCURS WHEN FOR 
THE PURPOSE OF BENEFITING AND ENSURING THE 
ELECTION OF ANY CANDIDATE TO A PUBLIC OFFICE, ANY 
MEMBER OF THE BOARD OF ELECTION INSPECTORS OR 
BOARD OF CANVASSERS IN CONSIDERATION OF ANY 
PROMISE, GIFT, OFFER OR PRESENTS, PECUNIARY OR 
OTHERWISE, FROM ANY PERSON, WILL ALTER, MODIFY OR 
CHANGE THE VOTES OBTAINED BY ANY CANDIDATE EITHER 
BY: 
(1) 
REDUCING THE VOTES OBTAINED BY ANY OR 
ALL CANDIDATES AND ADDING IT TO THE VOTES 
OBTAINED BY THE FAVORED CANDIDATE; 
KNOWINGLY ADDING VOTES TO THE ACTUAL 
VOTES 
OBTAINED 
BY 
THE 
FAVORED 
CANDIDATE; 
(2) 
(3) KNOWINGLY REDUCING THE ACTUAL VOTES 
OBTAINED BY ANY CANDIDATE EXCEPT THAT OF 
THE FAVORED CANDIDATE. 
ANY PERSON FOUND GUILTY OF THE OFFENSE OF 
VOTE SHAVINGNOTE PADDING SHALL BE PUNISHED WITH 
IMPRISONMENT OF NOT LESS THAN TWENTY YEARS BUT 
NOT MORE THAN FORTY YEARS; PROVIDED, THAT, IF THE 
OFFENDER IS A PUBLIC OFFICIAL OR EMPLOYEE, THE 
PENALTY SHALL BE DEATH; PROVIDED, FURTHER, THAT IN 
ADDITION TO THE 
PENALTY IMPOSED HEREIN, 
THE 
OFFENDER THAT LIKEWISE SUFFER THE ACCESSORY 
PENALTY ATTACHED TO THE PRINCIPAL PENALTY IMPOSED 
AND DEPRIVATION OF THE RIGHT TO SUFFRAGE. 


SEC. 2. Separability Clause. - If any provision or part of this Act is 
declared invalid or unconstitutional, other provisions hereof which are not 
effected thereby shall continue to be iR full farce and effect. 
SEC. 3. Repealing Clause. - All provisions of law, orders, decrees, 
including rules and regulations inconsistent k w & h  are hereby repealed or 
modified accordingly. 
SEC. 4. Effectivity Clause. - This Act shall take e m  
fifken (35) days 
following its publication in the Official Gazette or at least two (2) national 
newspapers or general circulation. 
Approved,