SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENAJ~ 
S. No. 
~445 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'14 
NOV -4 P2 :05 
RECEiVd> In': -Jtw 
AMENDING SECTIONS 79, 80 AND 81 OF BATAS PAMBANSA BILANG 881 
OTHERWISE KNOWN AS THE "OMNUBUS ELECTION CODE 
OF THE PHILIPPINES" 
EXPLANATORY NOTE 
Premature campaigning, which is an election offense, simply means electioneering 
conducted before the official campaign period. It is prohibited under Section 80 of Batas 
Pambansa Big. 881 aka the "Omnibus Election Code". However, in the highly 
controversial 2009 case of Penera v. Commission on Elections, the Supreme Court, by a 
split vote of 8-7, ruled in effect that the offense of premature campaigning has already 
been repealed by Republic Act No. 8436 1 or the new Poll Automation Law, as amended. 
Because of the Penera case, some wealthy senatoriabIes have started taking out 
campaign advertising in both traditional and social media. Some senatoriables, who are 
. either incumbent elective or appointive officials, are even using public funds to advertise 
themselves under the guise of infomercials. On the other hand, to be popular, some 
political aspirants are appearing or guesting in movies, commercials and radio and TV 
programs. 
In the 2004 case of Chavez v. Commission on Elections (437 SCRA 415), the 
Supreme Court ruled that if a person entered into contracts or agreements to endorse 
certain products, appeared in billboards., and subsequently filed his certificate of 
I An Act Authorizing the Commission on Elections to Use an Automated Election System in (he May II, 
1998 National or Local Elections and in Subsequent National and" Local Electoral Exercises, Providing Funds 
Therefor and For Other Purposes. 
1 


candidacy (COC) for senator, he may be held liable for "indirectly promoting his 
candidacy," which falls under the activities included in the definition of an "election 
campaign" or "partisan political activity". 
Under the Omnibus Election Code, "election campaign" or "partisan political 
activity" is defined as an act designed to promote the election or defeat of a particular 
candidate or candidates to a public office. One of the activities included under this 
definition is: "Directly or indirectly soliciting votes, pledges or support for or against 
a candidate." 
In the Chavez case, the Supreme Court held: 
It is true that when petitioner entered into the contracts or 
agreements to endorse certain products, he acted as a private individual and 
had all the right to lend his name and image to these products. However, 
when he filed his certificate of candidacy for Senator, the billboards 
featuring his name and image assumed partisan political character because 
the same indirectly promoted his candidacy. Therefore, the COMELEC was 
acting well within its scope of powers when it required petitioner to 
discontinue the display of the subject billboards. If the subject billboards 
were to be allowed, candidates for public office whose name and image are 
used to advertise commercial products would have more opportunity to 
make themselves known to the electorate, to the disadvantage of other 
candidates who do not have the same chance of lending their faces and 
names to endorse popular commercial products as image models. Similarly, 
an individual intending to run for public office within the next few months, 
could pay private corporations to use him as their image model with the 
intention of familiarizing the public with his name and image even before 
the start of the campaign period. This, without a doubt, would be a 
circumvention of the rule against premature campaigning: 
In the 2009 case of PeFiera v. Commission on Elections (599 SCRA 609), the 
Supreme Court stated that the laudable and exemplary intention behind the prohibition 
against premature campaigning is to level the playing field for candidates of public 
office, to equalize the situation between the popular or rich candidate, on one hand, and 
lesser-known or poorer candidates, on the other, by preventing the former from enjoying 
undue advantage in exposure and publicity on account of their resources and popularity. 
2 


The Supreme Court further stated: 
We cannot stress strongly enough that premature campaigning is a 
pernicious act that is continuously threatening to undermine the conduct of 
fair and credible elections in our country, no matter how great or small the 
acts constituting the same are. The choice as to who among the candidates 
will the voting public bestow the privilege of holding public office should 
not be swayed by the shrewd conduct, verging on bad faith, of some 
individuals who are able to spend resources to promote their candidacies in 
advance ofthe period slated for campaign activities. 
Verily, the consequences provided for in Section 68 of the Omnibus 
Election Code for the commission of the prohibited acts of premature 
campaigning are severe: the candidate who is declared guilty of committing 
the offense shall be disqualified from continuing as a candidate, or, if 
he/she has been elected, from holding office. Not to mention that the said 
candidate also faces criminal prosecution for an election offense under 
Section 262 of the same Code. 
Thus, this bill seeks to enumerate and specity the acts constituting "indirectly 
soliciting votes, pledges or support", in order to educate and inform the political aspirants 
of the acts that may be considered as election campaigning or partisan political activities. 
With regard the appearance of a political aspirant as a guest in any TV or radio program, 
the appearance should be only for purposes ofiegitimate news coverage. 
This bill also expanded the scope of the prohibition against premature 
campaigning. R.A. No. 8436 or the Poll Automation Law, as amended by R.A. No. 9369, 
Section 15, paragraph 3, states: 
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: Provided, finally, That any person holding a public. appointive 
office or position, including active members of the armed forces, and 
. officers, and employees in government-owned or-controlled corporations, 
shall be considered ipso jactoSfesigned from his/her office and must vacate v 
the same at the start of the day of the filing of his/her certification of 
candidacy. (Emphasis Supplied) 
3 


This provision is the reason for the split decision in the Penera case. The Supreme 
Court ruled: 
In view of the third paragraph of Section 15 of Republic Act No. 
8436, as amended, the he Dissenting Opinion argues that Section 80 of the 
Omnibus Election Code can not be applied to the present case since, as the 
Court held in Lanot v. Commission on Elections,2 the election campaign or 
partisan political activity, which constitute the prohibited premature 
campaigning, should be designed to promote the election or defeat of a 
particular candidate or candidates. Under the present election law, while a 
person may have filed his/her COC within the prescribed period for doing 
so, said person shall not be considered a candidate until the start of the 
campaign period. Thus, prior to the start of the campaign period, there can 
be no election campaign or partisan political activity designed to promote 
the election or defeat of a particular candidate to public office because there 
is no candidate to speak of. 
According to the Dissenting Opinion, even if Pefiera's acts before 
the start of the campaign period constitute election campaigning or partisan 
political activities, these are not punishable under Section 80 of the 
Omnibus Election Code given that she was not yet a candidate at that time. 
On the other hand, Pefiera's acts if committed within the campaign period, 
when she was already a candidate, are likewise not covered by Section 80 
as this provision punishes only acts outside the campaign period. 
The Dissenting Opinion ultimately concludes that because of Section 
15 of Republic Act No. 8436, as amended, the prohibited act of premature 
campaigning in Section 80 of the Omnibus Election Code, is practically 
impossible to commit at any time. 
In order to avoid any confusion m the future, the bill includes "prospective . 
candidates" in the scope of the prohibition against premature campaigning. Prospective 
candidates are those political aspirants, whether or not he/she explicitly declared his/her 
intention to run in the immediately preceding elections, who eventually file their COCs. 
The bill also re-defines the term "candidate". Under the bill, from the moment any 
person files his/her COC, he/she shall be considered as a candidate, and the acts 
constituting premature campaigning shall apply to candidates upon filing of their COCs. 
This is a clear repudiation of the Supreme Court decision in Penera. 
Further, to make the acts of candidates or prospective candidates constituting 
election campaigning or partisan political activities that are committed even prior to start . 
2507 seRA 114 (2006). 
4 


of the campaign period punishable, the bill prohibits candidates or prospective candidates 
from engaging in any act of premature campaigning within one year before the start of 
the campaign period. This will in effect, repeal Section 15 ofR.A. No. 8436. The only 
condition required in order to be held liable is that the candidate should have continued 
with his/her candidacy; or that the prospective candidate should have subsequently filed 
his/her COC and actually continued with his/her candidacy. 
5 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S.No. 
2445 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
'14 
NOV -4 P 2 :05 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
AN ACT 
2 
AMENDING SECTIONS 79,80 AND 81 OF BATAS PAMBANSA BILANG 881 
3 
OTHERWISE KNOWN AS THE "OMNUBUS ELECTION CODE 
4 
OF THE PHILIPPINES" 
5 
SECTION 1. Short Title. - This Act shall be Imown as the "Anti-Premature 
6 
Campaigning Act". 
7 
SECTION 2. Batas Pambansa Big. 881 aka the "Omnibus Election Code of the 
8 
Philippines", Section 79 is hereby amended to read as follows: 
9 
Sec. 79. Definitions. - As used in this Code: 
lOa. The term "candidate" refers to any person aspiring for or seeking 
11 
an elective public office, who has filed a certificate of candidacy 
12 
by himself or through an accredited political party, aggroupment, 
13 
or coalition of parties; 
14 
ANY 
PERSON 
SHALL 
BE 
CONSIDERED 
AS 
A 
15 
CANDIDATE FROM THE MOMENT HEISHE FILED 
16 
HISIHER 
CERTIFICATE 
OF 
CANDIDACY. 
ACTS 
17 
CONSTITUTING 
PREMATURE 
CAMPAIGNING 
18 
ENUMERATED IN THIS CODE SHALL APPLY TO 
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b. 
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CANDIDATES 
UPON 
THE 
FILING 
OF 
THEIR 
CERTIFICATE OF CANDIDACY. 
ON THE OTHER HAND, 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; 
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; 
2. Holding political caucuses, conferences, meetings, 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 
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INTERVIEW SHALL NOT BE 
CONSIDERED 
PARTISAN POLITICAL ACTIVITY. 
4. 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. 
THE TERM "INDIRECTLY SOLICITING 
VOTES, PLEDGES OR SUPPORT" INCLUDES THE 
FOLLOWING ACTS: 
a. ENDORSING 
ANY 
PRODUCT 
OR 
SERVICE, WHETHER FOR A FEE OR 
NOT; 
h. APPEARING IN ANY INFOMERCIAL; 
c. APPEARING IN A 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 
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f. BUYING 
ANY 
PRINT, 
RADIO, 
2 
TELEVISION OR INTERNET SPACE TO 
3 
ADVERTISE HIM/HER-SELF OR ANY 
4 
PRODUCT OR SERVICE. 
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The foregoing enumerated acts if performed for the purpose of 
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enhancing the chances of aspirants for nomination for candidacy to a public 
7 
office by a political party, aggroupment, or coalition of parties shall not be 
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considered as election campaign or partisan election activity. 
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Public expressions or opinions or discussions of probable issues in a 
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forthcoming election or on attributes of or criticisms against probable 
II 
candidates proposed to be nominated in a forthcoming political party 
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convention shall not be construed as part of any election campaign or 
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partisan political activity contemplated under this Article. 
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SECTION 3. Batas Pambansa Big. 881 aka the "Omnibus Election Code of the 
IS 
Philippines", Section 80 is hereby amended to read as follows: 
16 
Sec. 80. Election campaign or partisan political activity outside 
17 
campaign period. - It shall be unlawful for any person, whether a candidate 
18 
OR PROSPECTIVE CANDIDATE, or for any party, or association of 
19 
persons, to engage in an election campaign or partisan political activity 
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except during the campaign period: Provided, That political parties may 
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hold political conventions or meetings to nominate their official candidates 
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within thirty days before the commencement of the campaign period and 
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forty-five days for Presidential and Vice-Presidential election. 
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ANY 
PERSON, 
WHETHER 
A 
CANDIDATE 
OR 
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PROSPECTIVE CANDIDATE MAY BE HELD LIABLE UNDER 
26 
THIS SECTION FOR THE ACTS COMMITTED WITHIN ONE 
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1 
YEAR BEFORE THE START OF THE CAMPAIGN PERIOD; 
2 
PROVIDED, HOWEVER, THE CANDIDATE SHOULD HAVE 
3 
ACTUALLY 
CONTINUED 
WITH 
HISIHER 
CANDIDACY; 
4 
PROVIDED, FURTHER, THE PROSPECTIVE CANDIDATE WHO 
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ENGAGED IN AN ELECTION CAMPAIGN OR PARTISAN 
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POLITICAL ACTIVITY TO PROMOTE HIS/HER INTENDED 
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CANDIDACY SHOULD HAVE SUBSEQUENTLY FILED HISIHER 
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CERTIFICATE OF CANDIDACY AND ACTUALLY CONTINUED 
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WITH HIS/HER CANDIDACY. 
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SECTION 4. Batas Pambansa Big. 881 aka the "Omnibus Election Code of the 
11 
Philippines", Section 81 is hereby amended to read as follows: 
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Sec. 81. Intervention of foreigners. - It shall be unlawful for any 
13 
foreigner, whether judicial or natural person, to aid any candidate OR 
14 
PROSPECTIVE CANDIDATE or political party, directly or indirectly, or 
15 
take part in or influence in any manner any election, Of to contribute or 
16 
make any expenditure in connection with any election campaign or partisan 
17 
political activity. 
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SECTION 5. Separability Clause. - If any provision of this Act shall be declared 
19 
unconstitutional, any other provision not affected thereby shall remain in full force and 
20 
effect. 
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SECTION 6. Repealing Clause. - Alllaws, decrees, orders, rules and regulations, 
22 
or parts thereof inconsistent with this Act are hereby repealed or amended accordingly. 
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SECTION 7. Effectivity. - This Act shall take effect fifteen (15) days after its 
2 
pUblication in at least two (2) newspapers of general circulation. 
Approved, 
Ifldp30oct2014 
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