• • 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 
1716 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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In the history of our Republic, violence, terrorism and similar forms of criminality, which. 
may have been orchestrated or otherwise, were used as a tool to justify the continued grip on the 
reins of government by an existing administration. The state of criminality in certain parts of the 
country such as the spate of kidnapping carried out by former Moro rebels in Mindanao may 
likewise be used by an administration to hold on to their position. The previous administration 
was even suspected to be behind the kidnappings, a way of leading toward a failure in the 
presidential elections that were to follow. 
Under the Election Code, B.P. BIg. 881 Section 6, the Commission on Elections has to 
declare a failure of elections if there is violence and terrorism in a significant number of polling 
places. If a failure of elections is declared in areas pervaded by violence and terrorism, Congress 
would be unable to proclaim a President and Vice President elect in accordance with the 
Constitution. In such a case, the incumbent president will stay on in a holdover capacity. 
This present bill seeks to make it compulsory for Congress to declare a President and 
Vice President -elect even if a failure of election is declared in some polling places. Failure of 
election in a few polling places should not be used as an excuse for a failure to proclaim a new 
President. This does not, however, curtail the power ofthe Supreme Court, sitting en bane, as the 
sole judge of all contests relating to the election, returns and qualifications of the President or 
Vice President, to subsequently nullify the proclamation by Congress of a President or Vice-
President Elect if indeed there was force majeure, violence, terrorism, fraud or other analogous 
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cases in a number of polling places sufficient to alter the results of the election so that such 
election resulted in a failure to elect.' 
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,MIRIAM DE 
NSOR S"ANTIf1O 
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• This bill was originally filed during the Thirteenth Congress, First Regular Session. 
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, , 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. No. 1716 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
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SEP 18 P 4 :OS 
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AMENDING BAT AS P AMBANSA BILANG 881, ALSO KNOWN AS THE "OMNIBUS 
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ELECTION CODE," SECTION 6, ON FAILURE OF ELECTIONS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Batas Pambansa Bilang 881, otherwise known as the "Onmibus Election 
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Code," is hereby amended to read as follows: 
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"Sec. 6. Failure of election. - If, on account of force majeure, violence, 
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terrorism, fraud, or other analogous causes the election in any polling place has 
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not been held on the date fixed, or had been suspended before the hour fixed by 
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law for the closing of the voting, or after the voting and during the preparation 
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and the transmission of the election returns or in the custody or canvass thereof, 
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such election results in a failure to elect, and in any of such cases the failure or 
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suspension of election would affect the result of the election, the Commission 
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shall, on the basis of a verified petition by any interested party and after due 
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notice and hearing, call for the holding Of continuation of the election not held, 
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suspended Of which resulted in a failure to elect on a date reasonably close to the 
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date of the election not held, suspended or which resulted in a failure to elect but 
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not later than thirty days after the cessation of the cause of such postponement or 
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suspension of the election or failure to elect. 
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IN ANY EVENT, THE RETURNS OF EVERY ELECTION FOR 
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PRESIDENT AND VICE-PRESIDENT, DULY CERTIFIED BY THE 
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BOARD OF CANVASSERS OF EACH PROVINCE OR CITY, SHALL BE 
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TRANSMITTED TO CONGRESS, DIRECTED TO THE PRESIDENT OF 
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THE SENATE. CONGRESS SHALL, THENCEFORTH, PROCLAIM THE 
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PRESIDENT AND VICE-PRESIDENT ELECT IN ACCORDANCE WITH 
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THE CONSTITUTION, ARTICLE 7, SECTION 4." 
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SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter 0 f instruction, administrative order, rule, or regulation contrary to or inconsistent 
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with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circnlation. 
Approved, 
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