SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1 6 5 9 
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SEP 16 P 3 :07 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
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 
case, the incumbent President will stay on in a hold-over capacity. 
The present bill seeks to make it compulsory for Congress to declare a 
President and Vice-president Elect even if failure of election is declared in some 
polling places. Failure of election in a few polling places should not be used as 
an excuse fora failure to proclaim a new President. This does not however, 
curtail the power of the Supreme Court, sitting en bane, as 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 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. 
Immediate enactment of this bill is earnestly sought. 
OY EJERCITO ESTRADA 
Senator 


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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 16 5 9 
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SEP 16 P 3 :07 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
AMENDING B.P. 881, ALSO KNOWN AS THE OMNIBUS ELECTION CODE, 
SECTION 6, ON FAILURE OF ELECTION 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. B,P. No. 881, Section 6, is hereby mended to read as 
follows: 
"Sec. 6. Failure of Election. - If, on account of force majeure, 
violence, terrorism, fraud, or other analogous causes the election in 
any polling place has not been held on the date fixed, or had been 
suspended before the hour fixed by law for the closing of the voting, 
or after the voting and during the preparation and the transmission 
of the election returns or in the custody or canvass thereof, such 
election results in a failure to elect, and in any of such cases the 
failure or suspension of election would affect the result of the 
election, the Commission shall, on the basis of a verified petition by 
an interested party and after due notice and hearing, call for the 
holding or continuation of the election not held, suspended or which 
resulted in a failure to elect on a date reasonably close to the date 
of the election not held, suspended or which resulted in a failure to 
elect by not later than thirty days after the cessation of the cause of 
such postponement or suspension of the election or failure to elect. 
"IN ANY EVENT, THE RETURN OF EVERY ELECTION 
FOR PRESIDENT AND VICE-PRESIDENT, DULY CERTIFIED BY 
THE BOARD OF CANVASSERS OF EACH PROVINCE OR CITY, 
SHALL BE TRANSMITTED TO THE CONGRESS, DIRECTED TO 
THE PRESIDENT OF THE SENATE. 
CONGRESS SHALL, 
HENCEFORTH, 
PROCLAIM THE 
PRESIDENT AND VICE-
PRESDIENT 
ELECT 
IN 
ACCORDANCE 
WITH 
THE 
CONSTITUTION, ARTICLE 7, SECTION 4." 
SEC. 2. Separability Clause. - If any provision or part hereof, is held 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
I


SEC. 3. Repealing Clause. - All laws, presidential decrees or issuances, 
executive orders, letters of instruction, administrative orders or rules and 
regulations, which may be inconsistent with this Act, shall be deemed repealed, 
amended or modified accordingly. 
SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days following 
its complete publication in at least two (2) newspapers of general circulation. 
Approved,