. , 
SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. _~1"-,2,,,-2=-=4,---
'13 
I\UG -6 P 4 :56 
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
EXPLANATORY NOTE 
The orderly and peaceful conduct of elections is essential in any 
democratic country such as ours. 
During the electoral process, all 
eligible voters are given the chance to select candidates who are capable 
of becoming efficient political leaders. 
Most of all, it is an avenue of 
selecting individuals who are seeking public office to serve the best 
interest of the people and promote common good. 
In this regard, it is of vital importance to ensure that election 
results represent the sovereign will of the people and not manipulated by 
individuals who desire the seat of power to protect their personal 
interests. 
Cases of electoral fraud and election-related offenses have become 
common during elections. In the recent years, there have been cases 
involving members of the Board of Election Inspectors or Board of 
Canvassers and even officials of the Commission on Elections 
(COMELEC) who are supposed to ensure free, orderly, honest, peaceful 
and credible elections. 
This measure seeks to prevent the occurrence of electoral fraud 
and election-related offenses by increasing the penalties thereof and by 
imposing criminal liabilities against any member of the Board of Election 
Inspectors, Board of Canvassers and/ or official of the Commission on 
Elections who aid, assist or participate, directly or indirectly to the 
commission of electoral fraud and other election-related offenses. 
The passage of this measure will reinforce the stability of the 
political community through transparent elections and nationally 
sustainable electoral process. Hence, immediate passage of the bill is 
earnestly sought. 
• 
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G 
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JOSEPH VICTOR G. EJERCITO 
.; i. 


· , 
SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. __ 
1_2_2_4~ 
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" "ll~.;ii>",rtl.~. 
'13 
AUG -6 P 4 :55 
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
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 PAMBANSA BILANG 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", AND FOR OTHER PURPOSES 
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. 
SECTION 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 
liable, in addition to the liability of such party or entity. 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 
AND/OR OFFICIALS OF THE COMMISSION ON ELECTIONS WHO 
AID, ASSIST OR PARTICIPATE, DIRECTLY OR INDIRECTLY, TO THE 
COMMISSION THEREOF." 
SECTION 3. Section 264 of Batas Pambansa Bilang 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 
year] SIX 
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 guilty] 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 [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 
guilty] AS PART OF THE CIVIL LIABILITY IN CONNECTION WITH THE 
ELECTION OFFENSE. 
"IB) In case of prisoner or prisoners illegally released from any 
penitentiary or jail during the prohibited period as provided in Section 
261, paragraph (nl 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 period] if the prisoner or prisoners so illegally released commit 
any act of intimidation, terrorism [of] ORinterference 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.] 
"IC) 
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. 
"ID) 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." 
SECTION 4. Section 46 of Republic Act No. 8189 is hereby 
amended to read as follows: 
[SEC. 46. Penalties. - 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 (PlOO,OOO) but 
not more than Five hundred thousand pesos (P500,OOO).] 
"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 HIS/HER 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." 
SECTION 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 
penalty. 
SECTION 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 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. 
SECTION 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. 
SECTION 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. 
SECTION 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 which shall not be later than seven (7) 
days after the approval thereof. 
Approved,