. 
Introduced 
tor A 
.E 
The election in 2007 is crucial and might foretell the 
political clime in the years to come. If marred by cheating 
as it was in 2004, then, I guess there is no hope for 
democracy to survive. 
So, let us rriake the next year's poll as clean, honest 
and truthful as possible so that the leaders who stand to be 
proclaimed will be the genuine ones who are truly chosen by 
the people and their mandate acceptable to all with nobody 
doubting their authority to govern this nation. 
But, that is possible only if we institute electoral 
reforms. 
Too, 
many aspects need to be addressed. 
However, it is this bill's purpose to address the aspect of 
protest since this puts into serious question the p r o c l a ~ a t ~ ~ n  
of the winning candidate. 
First, fees for protest at present are exorbitant that we 
have to make them reasonable to enable the genuine 
protests to be affordable to the cheated candidates. 


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Second, let us make the proclaimed winner who is 
eventually ousted in the protest shoulder ail costs as 
punishment for him. 
Third, let us put a time limitation to the resolution of 
protests. Many unscrupulous victors defy the election code 
and resort to cheating because they know that protests take 
a long time before they are decided. 
Fourth, deny the proclaimed candidate payment of 
benefits while the protest is heard. 
Fifth, candidates found cheating to secure victory but 
are eventually ousted must be barred from running again or 
holding any government post as punishment. 
Lastly, hold those involved in delaying resolution of 
protests criminally liable. 
It is hoped that if enacted into law, the bill will make 
the prospective cheater and his supporters think twice 
before resorting to fraud just to insure his false victory. On 
the other hand, it will restore the confidence of the 
electorate in the electoral process as the stabilizing political 
solution to our political instability. 
Senator 


THIRTEENTH CONGRESS OF THE ) 
THIRD REGULAR SESSION 
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6 Jib. 
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REPUBLIC OF THE PHILIPPINES ) 
Introduce 
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Be it enacted by the Senate and the l d s ~ i s e  of 
Representatives 
of 
the 
~~~~~~~~~~~ 
in 
Congress 
assembled; 
1. Title of this Act. - This Act shall be 
known as the "Fair Electoral Prstest A d  ~f 2COQ." 


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SEG'TIrON 3. Scope of this Act. - This Act shall 
apply to all elective positions in the national, local and 
barangay levels. 
SECTION 4. 
Continuing Effectivity of Electoral 
Protest 
Proceedings; 
Exception. 
-- 
Proceedings 
governing the election contests or protests for the 
position of President, Vice-President:, 
Senator and 
Representatives as now provided by existing rules of 
their respective electoral tribunals, as well as those for 
local and barangay officials as provided for in the 
Omnibus Election Code, the Local Government Code 
and other special laws shall remain operative except as 
to the following: 
(a) Filing Fees. - Filing fees must be reasonable 
and cover only administrative costs for accepting and 
docketing the protests; 
(b) Deposit for Costs. - Deposits for costs to cover 
the revision of contested votes must cover only 
reasonable administrative expense and shall be shared 
equally by the protestant and the protestee; provided, 
however, that in case of counter-protest by the 
protestee, only the protestee shall bear the cost unless 
the same precinct subject of the main protest is the 
same precinct subject thereof, in whicli case, no further 
costs shall be assessed; 
(c) Revisor's Fees. - Fees for the revisors 
respectively chosen by the protestant and protestee 


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shall be borne solely by each of them; provided, 
however, that r:o part of such fee shall be includttcl in 
the computatiori of deposit for costs; 
(d) Reirr~bursemerit of Costs and Fees. - I n  case 
the protest of the defeated candidate is sustained and 
the proclaimed winner's election is nullified, the latter 
shall immediately reimburse to the forrner all the costs 
and fees incurred or paid to the electoral tribunal, 
COMELEC, KP'C, MTC, as the case may be, as well as to 
his revisors. 
SECT1 
5. Expeditious Resoliiiion of Protests - 
Notwithstanding any provision of law or rules and 
regulations to the contrary notwithstanding, all election 
contests or protests shall be resolved expeditiously but 
not later than the following periods: 
(a) 
For President, Vice-Ptesident and Senators, 
twenty four (24) months following the proclamation of 
the candidate whose election is contested; 
(b) For Representatives and local officials, twelve 
(12) 
months 
following 
the 
proclamation of the 
candidate whose election is contested; and, 
(c) 
For baranyay officials, 
six 
(G) 
months 
following the proclamation of the candidate whose 
election is contested. 
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SECT1 
6. Effect if Protest Unresolved within 
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Period; Sanctioiis for Delay. .- I n  the event the,protest 


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is not resolvv;.:! within the period fixed in Section 5 
hereof, the ccldidate whose election is chaiicriycci shall 
be considered on holdover status and shall not be 
entitled to any salaries, allowances, ernoluments or 
other monetary compensation corni-nencing upon the 
lapse of said fixed periods and shall remain so until the 
protest is t'csolved in his favor; provided, however, that 
if the protest is resolved in favor of the defeated 
candidate, all the salaries, allowances, emoluments or 
other monetary compensations due From such time 
shall be paid to liini; provided, finally, if the delay in 
the resolution is due to the fault of either the 
proclaimed winner or his counsel, or the defeated 
Candidate or his counsel, the party at: fault shall not be 
entitled to the salaries, allowances, emoluments or 
other monetary compensations corresponding to the 
numberof months that he had caused the delay in such 
resolution. 
SEGTXOPd 7. Disqualification of Ousted Winner. - 
A candidate whose proclamation as winner- is nullified 
or reversed by the Electoral Tribunal, COMELEC, RTC or 
MTC, as the case may be, shall be disqualified from 
running for any elective position, national, local or 
barangay level, for the succeeding two (2) elections 
following his ouster; provided, however, that this 
disqualification shall take effect immediately regardless 
of the pendency of any appeal froin the court, the 
COMELEC or Electoral Tribunal, that ousted him. 
8. 
Ineligibility for Appointment - 
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Further, the candidate whose proclamation as winner is 


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nullified or reversed by the Electoral Tribunal, COMELEC, 
RTC, or FIT'C, as the case imay be, shall not: be eligible 
for appointrnent in any position in the Government for 
a period of six (6) years following his ouster. 
9. Violatioris sf this Act 7.1-eat-ed as 
Election Offense. -- The following acts shall be treated 
as an election offense and shall he punished in 
accordance with and pursuant to Sec. 264 of the 
Omnibus Election Code: 
(a) 
Any election officer who certifies to the 
candidacy of the ousted winner as specified in Sec. 7 
riotw i t hs ta nd i ng t i  i s d isq u a I ificati o n ; 
(b) 
Any public officer who appoints the ousted 
winner to any public office as specified in Sec. 8 hereof 
no tw i t hsta nd i ng h is i ne1 ig i bi I i ty ; 
(c) 
Any treasurer or public officer who pays the 
salaries, allowances, emoluments or other monetary 
compensations of the proclaimed winner whose election 
is the subject of the protest despite the lapse of the 
period fixed in Sec. 6 hereof; 
(d) 
Any public officer who overcharges the 
defeated candidate who has filed his protest more than 
the fees fixed in Sec. 4 hereof; 
(e) Any Aidye or CQMEL-EC official who shall fail 
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to resolve the protest beyond the period fixed in Sec. 5 


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hereof for ruasons not due to the fault of any of the 
parties or otner justifiable reasoiis; 
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(f) Any person, including lawyers aiid witnesses, 
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whose act or oimission shall have caused the undue 
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delay in the resolution of the election Fjr-otest within the 
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period fixed in Sec. 5 hereof; 
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SECTION 10. Effectivity. - This Act shall take 
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effect fifteen (15) days after publication in a newspaper 
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of general circulation. 
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Approved.