SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Roane’ a
Representative Maximo B. Rodriguez, J

House Bill No._ 1089

EXPLANATORY NOTE

This bill was originally introduced as House Bill Nos. 2514 and 2769 by
the undersigned Rufus B, Rodriguez during the Fourteenth Congress where it
was approved by the House of Representatives and transmitted to the
Senate, It was again re-filed during the 15" Congress as House Bill No. 584
where it was again approved by the Committee on Suffrage and Electoral
Reforms and substituted with House Bill No. 4145, approved on 2" reading,
approved on 3° reading and was transmitted to the Senate where It was not
acted upon

The political exercise of suffrage is the express manifestation of an
individual's sovereign act of choosing a representative for the purpose of
delegating the powers, functions and duties related to governance. As such,
violations of any character that tend to destroy the sanctity of this act of
sovereignty must be dealt with the full force of the law. Unfortunately, current
penalties provided for by our election laws are inadequate in order to deter
violators form committing acts that undermine the sovereign will. It is thus
imperative that certain election offenses be classified as heinous while other
offenses be given the appropriate penalty with the end in view of ensuring the
sanctity of one’s sovereign will in the selection of our nation's public servants.

History has proven that national and local elections in our country are
always characterized by widespread and systematic fraud at all levels with
incidents of violence and terrorism in certain areas. Although present election
laws provide for penalties for the commission of election-related offenses,
these, however, are not enough to deter violators from committing the same.

This proposed legislative measure seeks to increase the range of
penalties for the commission of certain elected-related offenses in order to
provide a better deterrent with the end in view of ensuring clean, orderly,
honest and credible elections for the country’s future generation.

Hence, the immediate passage of this bill is earnestly requested



SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 1089

AN ACT

IDENTIFYING OTHER PERSONS CRIMINALLY LIABLE FOR ELECTION
OFFENSES AND INCREASING THE PENALTIES FOR ELECTION.
RELATED OFFENSES, AMENDING SECTIONS 263 AND 264 OF BATAS
PAMBANSA BILANG 881, AS AMENDED OR THE “OMNIBUS ELECTION
CODE OF THE PHILIPPINES”, AND SECTION 46 OF REPUBLIC ACT NO.
8189 OR “THE VOTER’S REGISTRATION ACT OF 1996”, AND FOR
OTHER PURPOSES

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

SECTION 1. The State shall ensure fair, honest, orderly and peaceful
elections, safeguard the integrity and sanctity of the ballot and uphold the
sovereign will of the electorate. It shall impose greater penalties for election
offenses, more so when attended by violence, coercion, intimidation, force or
threats

SEC. 2. Section 263 of Batas Pambansa Bilang 881, as amended, is hereby
further amended to read as follows
“SEC. 263. Persons criminally liable. - The principals,

accomplices, and accessories, as defined in the Revised Penal
Code, shall be criminally liable for election offenses. If the one
responsible be a political party or an entity, its president or head,
the officials and employees of the same, performing duties
connected with the offense committed and its members who may
be principals, accomplices, or accessories shall be liable, in
addition to the liability of such party or entity. PERSON WHO MAY
BE HELD CRIMINALLY LIABLE FOR ELECTION OFFENSE
SHALL INCLUDE THE MEMBERS OF THE BOARD OF
ELECTION INSPECTORS, THE MEMBERS OF THE BOARD OF
CANVASSERS ANDIOR OFFICIALS OF THE COMMISSION ON
ELECTIONS WHO AID, ASSIST OR PARTICIPATE, DIRECTLY
OR INDIRECTLY, TO THE COMMISSION THEREOF.’

SEC. 3, Section 264 of Batas Pambansa Bilang 881, as amended, is
hereby further amended to read as follows:


"SEC 264. Penalties. — (A) Any person found guilty of
any election offense under this Code shall be punished with
imprisonment of not less than fone year] SIX YEARS AND
ONE DAY but not more than [six] TWELVE 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]
THE GUILTY PARTY is a foreigner, [he shall be sentenced
to] THE SENTENCE SHALL BE ONE OF deportation which
shall be enforced after the prison term has been served.
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, [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.

“(B) 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, 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 [prison mayor in
its maximum period] RECLUSION PERPETUA if the
prisoner or prisoners so illegally released commit any act of
intimidation, terrorism [of] OR interference in the election,
AND THE SUBJECT PRISONER OR PRISONERS SHALL
LIKEWISE BE SENTENCED TO RECLUSION PERPETUA

[Any person found guilty of the offence 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 year following his conviction]

“(C) ANY OFFICER OR EMPLOYEE OF THE
COMMISSION ON ELECTIONS, OR ANY OFFICER,
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 PARAMILITARY
UNITS THAT NOW EXIST FOUND GUILTY OF ANY
ELECTION OFFENSE UNDER THIS ACT SHALL BE
PUNISHED WITH THE MAXIMUM PENALTY THEREOF.

“(D) 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, 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 YEARS AND ONE DAY
BUT NOT MORE THAN TWENTY YEARS WITH THE
ACCESSORY PENALTIES OF PERPETUAL
DISQUALIFICATION TO HOLD PUBLIC 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 AS PART OF THE
CIVIL LIABILITY IN CONNECTION WITH THE ELECTION
OFFENSE.”

SEC. 4. Section 46 of Republic Act No. 8189 is hereby amended to read as
follows:

ISEC. 46. Penalties. — Any person found guilty of any
Election offense under this Act shall be punished with
imprisonment of not less than one (1) year but not more than
six (6) years and shall not be subject to probation. In addition,
the guilty party shall be sentenced to suffer disqualification to
hold public office and deprivation of the right of suffrage. If he
is a foreigner, he shall be deported after the prison term has
been served. Any political party found guilty shall be
sentenced to pay a fine of not less than One hundred thousand
pesos (P100,000) but not more than Five hundred thousand
pesos (P500,000).}

“SEC. 46, PENALTIES. - (A) ANY PERSON
FOUND GUILTY OF ANY ELECTION OFFENSE UNDER
THIS CODE SHALL BE PUNISHED WITH IMPRISONMENT
OF NOT LESS THAN SIX YEARS AND ONE DAY BUT NOT
MORE THAN TWELVE 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 THE
GUILTY PARTY IS A FOREIGNER, THE SENTENCE SHALL
BE ONE OF DEPORTATION WHICH SHALL BE ENFORCED
AFTER THE PRISON TERM HAS BEEN SERVED. ANY


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 NOT LESS
THAN FIVE HUNDRED THOUSAND PESOS, AS PART OF
THE CIVIL LIABILITY IN CONNECTION WITH THE
ELECTION OFFENSE.

“(B) ANY PERSON FOUND GUILTY OF AN ELECTION
OFFENSE OR PROHIBITED ACT UNDER SECTION 45,
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 YEARS AND ONE DAY BUT NOT MORE THAN
TWENTY YEARS WITH THE ACCESSORY PENALTIES OF
PERPETUAL DISQUALIFICATION TO HOLD PUBLIC
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.

“(C) ANY OFFICER OR EMPLOYEE OF THE
COMMISSION ON ELECTIONS, OR ANY OFFICER,
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 PARAMILITARY UNITS
THAT NOW EXIST FOUND GUILTY OF ANY ELECTION
OFFENSE UNDER THIS ACT SHALL BE PUNISHED WITH
THE MAXIMUM PENALTY THEREOF.”

SEC. 5. Aggravating Circumstance. — 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. 6. Separate and Concurrent Prosecution. - Any person who commits
an election offense or prohibited act under the Omnibus Election Code of the
Philippines and under Section 45 of Republic Act No. 8189 which act or acts
also constitute felony under the Revised Penal Code, shall be prosecuted
separately and concurrently under the Omnibus Election Code of the
Philippines and the Revised Penal Code.

SEC. 7. Repealing Clause. - The pertinent provisions of the Omnibus
Election Code of the Philippines, other laws, presidential decrees and
issuances, executive orders, rules and regulations, or parts thereof


inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SEC. 8. Separability Clause. — If any provision 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. 9. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation which shall not be later than seven (7) days after the approval
thereof.

Approved,