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SENATE
OPREEOF Tre SECRETARY

FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )

First Regular Session ) 10 haz Fiat

SENATE

38.1208 ~ rsceneowy:fi

Introduced by Senator Manny Villar

EXPLANATORY NOTE

The State has the duty to adapt to the needs of the times, that is why the
legislature was created as a means by which laws may be faithfully enacted to ensure
the responsiveness not only to present but future events.

The imposition of harsher penalties for election offenses attended by violence is
required not only because of the escalating violence in times leading up to and during
the elections, but also because it is a means by which the integrity of the ballot may be
protected against unscrupulous people with too much money, guns and goons at their
disposal that allows them to affect the results of the elections to which they may or may
not be participating in.

In the Philippines, elections have always been haunted by violence. According to
police statistics, 229 election-related violence incidents (ERVIs) occurred in the
congressional mid-term election season in 2007, killing 121 people and injuring 176. In
the 2004 General Elections, 249 ERVIs occurred, claiming 148 deaths and injuring 264
people.

The worst election-related violence recorded before the 2010 General Elections
happened in Maguindanao, where at least 59 civilians — including 34 journalists/media
practitioners, and pregnant women were slain.

MANNY VILLAR



SENATE
OPRCE OF TH SECRETARY

FIFTEENTH CONGRESS OF THE) ,
REPUBLIC OF THE PHILIPPINES )
First Regular Session ) j
10 42 Pica
SENATE ,

sp,1208 a neceneo oy: fi “

Introduced by Senator Manny Villar

AN ACT
IMPOSING HARSHER PENALTIES FOR ELECTION OFFENSES ATTENDED
BY VIOLENCE, COERCION, INTIMIDATION, FORCE OR THREATS,
AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. - Any person found guilty of an election offense or prohibited act
under Section 261 in relation to Section 264 of the Omnibus Election Code, as
amended, 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
ten (10) years as an indivisible penalty, modifying or amending accordingly Section 264
of the Omnibus Election Code.

SEC. 2. - Any person who commits an election offense or prohibited act under
the Omnibus Election Code which act or acts also constitute a felony under the Revised
Penal Code, shall be prosecuted separately under the Omnibus Election Code and the
Revised Penal Code.

SEC 3. — 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. - Any law, decree or issuance inconsistent with this Act shall be deemed
repealed, amended or modified.

SEC 5. — This Act shall take effect fifteen (15) days after its publication in at least
two (2) newspapers of national circulation

Approved,