.) 
1 
THIRTEENTH CONGRESS OF THE 
First Regular Session 
Republic of tlie Philippines 
1 
1 
SENATE 
?* ** 
S.B.No. 
r u 
Introduced by Senator Luisa “Loi” P. Ejercito Estrada 
Article I1 Section 1 of the 1987 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 pop~ilace is given the chance to choose the people who deserve to be invested with 
powers for a period of time to govern them and promote their welfare. This process is 
Icnowi~ as an election. A credible, honest, free, clean and orderly election, which is tnily 
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, be sanctioned to the fall extent of the law. 
The immediate passage of this Bill is therefore earnestly solicited. 
LUISA “LOI” 4EJERCITO ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE 
First Regu 1 ar S es s i o n 
Republic of the Philippines 
Introduced by Senator Luisa “Loi” P. 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 the House of Representatives of tlze Plzilippines 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 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 whom opens in any polling place or within a radius of 
thirty meters thereof on election day and during the counting of 
votes, booths or stalls of and kind for the sale, dispensing or 
display of wars, merchandise or refreshments, whether solid or 
liquid, or for any other purposes. 


(3) 
Any person who holds on election day, fairs, cocltfiglits, boxing, 
horse races, jai-alai or any other similar sports. (Par. (iii). Id). 
(4) 
Refusal to carry election mail matter. - Any operator or employee 
of a public utility or transportation company operating under a 
certificate of public convenience, including government-owned or 
controlled postal service or its employees or deputized agents who 
refhe 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 cancellation or revocation 
of certificate of public convenience or franchise. (Par. (Itkk). Id). 
( 5 )  
Prohibition against discrimination in the sale of air time. - Any 
person who operates a radio or television station who without 
justifiable cause discriminates 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 refLisa1 shall 
constitute a ground for cancellation or revocation of the franchise. 
( 6 )  
VOTE-SHAVlNG/VOTE PADDING. - N ADDITION TO THE 
OFFENSE PENALIZED UNDER 
ARTICLE 
26 1 (bb)(l)(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 SHAVING/VOTE PADDING. 
VOTE SHAVING/VOTE 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; 
(2) 
KNOWINGLY ADDING VOTES TO THE ACTUAL 
VOTES OBTAINED BY THE FAVORED CANDIDATE; 
(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 
SHAVING/VOTE 
PADDING 
SHALL 
BE 
PUNISHED 
WITH 
IMPRISONMENT OF NOT LESS THAN TWENTY YEARS BUT NOT 
MORE THAN FORTY YEARS IMPRISONMENT; 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 
SHALL 
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 in ELI11 force and effect. 
SEC. 3. Repealing Clause - All provisions of law, orders, decrees, including rules 
and regulations inconsistent herewith are hereby repealed or modified accordingly. 
SEC. 4. Effectivity Clause - This Act shall take effect fifteen (15) days following 
its publication in the Official Gazette or at least two (2) national newspapers of general 
c i rc LL 1 at i on. 
Approved, 
c\precy\omnibus election code 1238