SEVENTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES ) Eicatrs
Third Regular Session )

SENATE
s.no, 1893

Introduced by SENATOR LEILA M. DE LIMA.

AN ACT
REDEFINING THE PROHIBITED ACT OF PREMATURE CAMPAIGNING,
ACCORDINGLY AMENDING SECTIONS 79, 80, AND 81 OF BATAS
PAMBANSA BILANG 881, OTHERWISE KNOWN AS THE
“OMNIBUS ELECTION CODE OF THE PHILIPPINES”

EXPLANATORY NOTE

The prohibited act of premature campaigning is defined under Section 80 of the
Omnibus Election Code, to wit:

SECTION 80. Election campaign or partisan political activity
outside campaign period. - It shall be unlawful for any person,
whether or not a voter or candidate, or for any party, or
association of persons, to engage in an election campaign or
partisan political activity except during the campaign period:
Provided, That political parties may hold political conventions or
meetings to nominate their official candidates within thirty days
before the commencement of the campaign period and forty-five
days for Presidential and Vice-Presidential election.

The repercussion for the violation of Section 80 is spelled out in Section 60 of
the same Code, which reads:

SECTION. 68. Disqualifications. - Any candidate who, in an
action or protest in which he is a party is declared by final decision
of a competent court guilty of, or found by the Commission of
having xxx (e) violated any of Sections 80, 83, 85, 86 and 261,


paragraphs d, e, k, v, and cc, subparagraph 6, shall be
disqualified from continuing as a candidate, or if he has been
elected, from holding the office. Any person who is a permanent
resident of or an immigrant to a foreign country shall not be
qualified to run for any elective office under this Code, unless said
person has waived his status as permanent resident or immigrant
of a foreign country in accordance with the residence requirement
provided for in the election laws.

In 2007, Republic Act No. 9369 (RA 9369) was enacted. Section 15, paragraph
3 of RA 9369 provided a new definition of “candidate” which as a result, premature
campaigning may no longer be committed, to wit:

SEC.15. Official Ballot. -
XxX

For this purpose, the Commission shall set the deadline for the
filing of certificate © of — candidacy/petition of
registration/manifestation to participate in the election. Any
person who files his certificate of candidacy within this
period shall only be considered as a candidate at the start of
the campaign period for which he filed his certificate of
candidacy: Provided, That, unlawful acts or omissions applicable
to a candidate shall effect only upon that start of the aforesaid
campaign period xxx. (Emphasis added)

However, in Penera v. Commission on Elections’, the Supreme Court clarified
that Section 15, paragraph 3 doesn’t repeal Section 80 of the Omnibus Election Code,
rather “it is possible to harmonize and reconcile these two provisions” since
“premature campaigning may be committed even by a person who is not a candidate.
xxx it is only at the start of the campaign period, when the person officially becomes
a candidate, that the undue and iniquitous advantages of his/her prior acts,
constituting premature campaigning, shall accrue to his/her benefit.”

' Penera v. Commission on Elections, G. R. No. 181613, September 11, 2009



It is important to note that Comelec Commissioner Rowena Guanzon was
quoted by news reports saying that the Commission En Banc had decided that there’s
no law against premature campaigning whether for manual or automated elections.

This measure aims to reconcile the conflicting provisions of the Omnibus
Election Code and RA 9369 by introducing a new person liable for the election offenses
on premature campaign -- a prospective candidate. This bill defines a prospective
candidate as any person aspiring for or seeking an elective public office, whether or
not he/she has explicitly declared his/her intention to run as a candidate in the
immediately preceding elections, who eventually files a Certificate of Candidacy.
Prospective candidates may be held liable for premature campaigning within one (1)
year before the start of the campaign period.

This is without prejudice to Comelec’s constitutionally guaranteed power to
“enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall”. In an article written by Comelec
Spokesperson James Jimenez, corrective legislative action may be enforced to enable
the Comelec to prevent abuse, such as by “...mandating a sort of pre-filing period
where individuals who intend to run for office are required to submit documentary
proof of their eligibility.”2

In the 15th and 16th Congresses, the late Senator Miriam Defensor-Santiago
filed similar bills on the matter.

In view of the foregoing, approval of this measure is earnestly sought.

ferkodifon

LAILA M. DE LIMA

? Jimenez, James. 21 June 2018. “A Stitch in Time”. Business Mirror. Retrieved from
https://businessmirror.com.ph/a-stitch-in-time/



SEVENTEENTH CONGRESS OF THE ) z,
REPUBLIC OF THE PHILIPPINES ) *
Third Regular Session )

SENATE 18 JUL 30 AIO 54

s.no. 1893 RECE oo fr

Introduced by SENATOR LEILA M. DE LIMA

AN ACT
REDEFINING THE PROHIBITED ACT OF PREMATURE CAMPAIGNING,
ACCORDINGLY AMENDING SECTIONS 79, 80, AND 81 OF BATAS
PAMBANSA BILANG 881, OTHERWISE KNOWN AS THE
“OMNIBUS ELECTION CODE OF THE PHILIPPINES”

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

SECTION 1. Short Title. - This Act shall be known as the “Anti-Premature
Campaigning Act of 2018”.

Sec. 2. Section 79 of Batas Pambansa Blg. 881, also known as the “Omnibus
Election Code of the Philippines”, is hereby amended to read as follows:

“Sec. 79. Definitions. — As used in this Code:

a. The term “candidate” refers to any person aspiring for or

seeking an elective public office, who has filed a certificate
of candidacy by himself or through an accredited political
party, aggroupment, or coalition of parties;
ANY PERSON SHALL BE CONSIDERED AS A
CANDIDATE FROM THE MOMENT HE/SHE
FILED HIS/HER CERTIFICATE OF CANDIDACY.
ACTS CONSTITUTING PREMATURE
CAMPAIGNING ENUMERATED IN THIS CODE
SHALL APPLY TO CANDIDATES UPON THE
FILING OF THEIR CERTIFICATE OF
CANDIDACY.



THE TERM “PROSPECTIVE CANDIDATE”
REFERS TO ANY PERSON ASPIRING FOR OR
SEEKING AN ELECTIVE PUBLIC OFFICE,
WHETHER OR NOT HE/SHE HAS EXPLICITLY
DECLARED HIS/HER INTENTION TO RUN AS A
CANDIDATE IN THE IMMEDIATELY
PRECEDING ELECTIONS, WHO EVENTUALLY
FILES A CERTIFICATE OF CANDIDACY;

b. The term “election campaign’ or “partisan political activity”

refers to an act designed to promote the election or defeat
of a particular candidate or candidates to a public office
which shall include:

1. Forming organizations, associations, clubs, committees
or other groups of persons for the purpose of soliciting
votes and/or undertaking any campaign for or against a
candidate;

. Holding political caucuses, conferences, meetings,

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rallies, parades, or other similar assemblies, for the
purpose of soliciting votes and/or undertaking any
campaign or propaganda for or against a candidate;
3. Making speeches, announcements or commentaries, or
holding interviews for or against the election of any
candidate OR PROSPECTIVE CANDIDATE for
public office, PROVIDED, THAT NEWS
COVERAGE AND INTERVIEW SHALL NOT BE
CONSIDERED PARTISAN POLITICAL
ACTIVITY.
Publishing or distributing campaign literature or
materials designed to support or oppose the election of
any candidate OR PROSPECTIVE CANDIDATE; or
5. Directly or indirectly soliciting votes, pledges or
support for or against a candidate OR
PROSPECTIVE CANDIDATE.

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Sec. 3. Section 80 of the Omnibus Election Code is hereby amended to read as

follows:

THE TERM “INDIRECTLY SOLICITING
VOTES, PLEDGES OR SUPPORT” INCLUDES
THE FOLLOWING ACTS:
a.ENDORSING ANY PRODUCT OR
SERVICE, WHETHER FOR A FEE OR NOT;
b. APPEARING IN ANY INFOMERCIAL;
c. APPEARING IN ANY DOCUMENTARY OR
MOVIE WHETHER FOR A FEE OR NOT;
d. APPEARING OR GUESTING IN ANY
TELEVISION OR RADIO PROGRAM,
EXCEPT FOR PURPOSES OF LEGITIMATE
NEWS COVERAGE;
e. ACCEPTING ANY EMPLOYMENT IN ANY
MEDIA OUTFIT AS A NEWS ANCHOR,
WRITER, OR REGULAR TALENT; OR
f. BUYING ANY PRINT, RADIO,
TELEVISION OR INTERNET SPACE TO
ADVERTISE HIM/HER-SELF OR ANY
PRODUCT OR SERVICE.

The foregoing enumerated acts if performed for the purpose
of enhancing the chances of aspirants for nomination for
candidacy to a public office by a political party, aggroupment,
or coalition of parties shall not be considered as election
campaign or partisan election activity.

Public expressions or opinions or discussions of probable
issues in a forthcoming election or on attributes of or
criticisms against probable candidates proposed to be
nominated in a forthcoming political party convention shall
not be construed as party of any election campaign or
partisan political activity contemplated under this Article.”


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Sec. 4. Section 81 of the Omnibus Election code is hereby amended to read as

follows:

“Sec. 80. Election campaign or partisan political activity
outside campaign period. — It shall be unlawful for any
person, whether a candidate OR PROSPECTIVE
CANDIDATE, or for any party, or association of persons,
to engage in an election campaign or partisan political
activity except during the campaign period: Provided, that
political parties may hold political conventions or
meetings to nominate their official candidates within
thirty days before the commencement of the campaign
period and forty-five days for Presidential and Vice-
Presidential election.

ANY PERSON, WHETHER A CANDIDATE OR
PROSPECTIVE CANDIDATE, MAY BE HELD
LIABLE UNDER THIS SECTION FOR THE ACTS
COMMITTED WITHIN ONE YEAR BEFORE THE
START OF THE CAMPAIGN PERIOD; PROVIDED,
HOWEVER, THE CANDIDATE SHOULD HAVE
ACTUALLY CONTINUED WITH  HIS/HER
CANDIDACY; PROVIDED, FURTHER, THE
PROSPECTIVE CANDIDATE WHO ENGAGED IN
AN ELECTION CAMPAIGN OR PARTISAN
POLITICAL ACTIVITY TO PROMOTE HIS/HER
INTENDED CANDIDACY SHOULD HAVE
SUBSEQUENTLY FILED HIS/HER CERTIFICATE
OF CANDIDACY AND ACTUALLY CONTINUED
WITH HIS/HER CANDIDACY.”

Sec. 81. Intervention of foreigners. — It shall be unlawful
for any foreigner, whether judicial or natural person, to aid
any candidate OR PROSPECTIVE CANDIDATE or
political party, directly or indirectly, or make any



expenditure in connection with any election campaign or
partisan political activity.

Sec. 5. Implementing Rules and Regulations. - The Commission shall
promulgate and issue the rules and regulations necessary to implement the provisions
of this Act.

Sec. 6. Separability Clause. — If any provision of this Act shall be declared
unconstitutional, any other provision not affected thereby shall remain in full force
and effect.

Sec. 7. Repealing Clause. ~ All laws, decrees, orders, rules and regulations,
or parts thereof inconsistent with this Act are hereby repealed or amended accordingly.

Sec. 8. Effectivity. — This Act shall take effect fifteen (15) day after its
publication in at least two (2) newspapers of general circulation.

Approved,