FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
8 
i r i  15 
First Regular Session 
1 
S E N A T E  
S. No. 
7 
Introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
The call for Congress to enact a legislative measure that would increase the 
penalties for election-related violence has been echoed in the 2007 State of the Nation 
Address of President Gloria Macapagal-Arroyo. This advocacy is also being 
mainstreamed by various none-government organizations, people's organizations and 
various stakeholders in the country. 
In every election in the country, violence escalates nationwide, reinforcing the 
notoriety of this country's politics as one of the deadliest in Southeast Asia. Indeed, 
elections are notoriously violent in the Philippines, particularly in the provinces, where a 
feudal type of politics still reigns and where private armies maintained by powerful 
individuals are common. In the Philippines, feuds among political families often turn 
deadly. During elections, the country's peace and order situation is also rapidly 
deteriorating along with the plight of civil, political and human rights. Hired killers are 
running amok and taking advantage of the government's lame duck stance when it 
comes to going after shoot and ruh criminals. This election-related violence is even 
more prevalent during elections of officials for local seats - members of Congress, 
governors, mayors and councilors, with nearly 87,000 candidates running for more than 
17,000 positions. 
Aggravating the problem of election-related violence is the proliferation of what 
the police call "loose firearms" that are being used by the private armies. Based on 
recent data from the PNP, more than 2,000 violators of a gun ban have been arrested 
since the start of the campaign in 2007 National Election and more than 1,700 weapons 
have been seized. Moreover, the perceived failure on the part of our law enforcement 
officers to put an end to the killing of members and officials of the progressive party-lists 
and militant people's organizations has created a culture of impunity which is now being 
taken full advantage of by hired guns of traditional politicians. The seeming failure to 
solve the killings of activists serve to encourage hired killers to peddle their trade with 
less worry and fear that they will be apprehended and brought to justice. 
It is hoped that this proposed measure would address calls to provide stiffer 
penalties to election-related violence in order to put an end to the countless killings and 
violence being perpetrated by lawless individuals during elections in the country. 
In view of the foregoing, approval of this bill is earnestly re 
A 
MANUEL YLiTOA M. LAPID . 
vsenator 
N- 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
a m 1 s 
First Regular Session 
1 
S E N A T E  
~ . N O .  2157 
-.,-- 
Introduced by Senator Manuel “Lito” M. Lapid 
AN ACT 
INCREASING THE PENALTIES FOR ELECTION OFFENSES ATTENDED 
BY VIOLENCE, COERCION, INTIMIDATION, FORCE OR THREATS AND 
FOR OTHER ELECTION OFFENSES 
Be if enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. 
Declaration of Policy. - In order to help ensure fair, honest, 
orderly and peaceful elections, safeguard the integrity and sanctity of the ballot and 
uphold the sovereign will of the electorate, graver penalties shall be imposed for 
election offenses attended by violence, coercion, intimidation, force or threats. 
SEC. 2. 
Penalty for Elecfion Offenses Attended by Violence. - 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, 
and Section 45 of Republic Act No, 8189, 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 (12) years and one (1) day but not more than 
twenty (20) years, with the accessory penalties of perpetual disqualification to hold 
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 (Php500,000.00) as part of the civil liability in connection with the election 
offense. 
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SEC. 3. 
Aggravating Circumsiance. - 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. 
SEC. 4. 
Separate and Concurrent Prosecution. - Any person who 
commits an election offense or prohibited act under the Omnibus Election Code and 
under Section 45 of Republic Act No. 8189, which act or acts also constitute a felony 
under the Revised Penal Code, shall be prosecuted separately and concurrently under 
the Omnibus Election Code and the Revised Penal Code. 
SEC. 5. 
Penalty for Other Election Offenses. - Section 264 of Batas 
Pambansa Bilang 881, otherwise known as the Omnibus Election Code of the 
Philippines, as amended, is hereby further amended to read as follows: 
“SEC. 264. Penalties. - Any person found guilty of any election 
offense under this Code shall be punished with imprisonment of not less 
than [one year] SIX (6) YEARS AND ONE (1) DAY but not more than [six 
years] TWELVE (12) 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 is a foreigner, he shall be sentenced to deportation which shall be 
enforced after the prison term has been served] IF THE GUILTY PARTY 
IS 
A 
FOREIGNER, 
HElSHE 
SHALL 
BE 
SENTENCED 
TO 
DEPORTATION WHICH SHALL BE ENFORCED AFTER HlSlHER 
SERVICE OF THE IMPOSED PRISON TERM. 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 (PHP500,000.00) 
[,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. 
“In case of prisoner or prisoners illegally released from any 
penitentiary or jail during the prohibited period as provided in Section 261, 
paragraph (n) of this Code, the director of prisons, provincial warden, 
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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 lprision mayor in its maximum period] 
RECLUSlON PERPETUA if the prisoner or prisoners so illegally released 
commit any act of intimidation, terrorism [ofl OR 
interference in the 
election[.], AND THE SUBJECT PRISONER OR PRISONERS SHALL 
LIKEWISE BE SENTENCED TO RECLUSION PERPETUA. 
“[Any person found guilty of the offense 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 (1) year following his conviction.] 
“ANY OFFICER OR EMPLOYEE OF THE COMMISSION ON 
ELECTIONS, OR ANY OFFFICER, 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 PARA-MILITARY UNITS THAT 
NOW EXIST FOUND GUILTY OF ANY ELECTION OFFENSE UNDER 
THIS ACT SHALL BE PUNISHED WITH THE MAXIMUM PENALTY 
THEREOF.” 
SEC. 6. 
Application of Penalfy for Election Offenses. - The penalty 
herein provided shall be applied to election offenses enumerated in Section 261 of the 
Omnibus Election Code, as amended, to other election offenses listed in Section 262 of 
the same Code, and to election offenses provided for under Section 45 of Republic Act 
No. 8189. 
SEC. 7. 
Other Persons Criminally Liable. - In addition to the provisions of 
Section 263 of the Omnibus Election Code, as amended, the persons liable for the 
abovementioned crimes 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, in the commission thereof. 
SEC. 8. 
Repealing Clause. - The pertinent provisions of the Omnibus 
Election Code of the Philippines, other laws, presidential decrees and issuances, 
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executive orders, rules and regulations, or parts thereof, inconsistent with the provisions 
of this Act are hereby repealed or modified accordingly. 
SEC. 9. 
SeparBbilfy Clause. - If any provision or part 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. 
SEC. I O .  
Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in the Offcia/ Gazeffe or in at least two (2) newspapers of general 
circulation. 
Approved, 
4