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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
EIGHTEENTH CONGRESS 
2nd Regular Session 
HOUSE BILL NO. ________ 
___________________________________________________________________ 
Introduced by Rep. JOHNNY PIMENTEL 
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EXPLANATORY   NOTE 
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The Constitution provides that the Philippines is a democratic and a republican 
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State. Sovereignty resides in the people and all government authority emanates 
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from them. Under this Constitutional fiat, we operationalized it with the 
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holding of popular and competitive elections. 
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With the aim to establish a systematic rule to govern elections, Batasan 
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Pambansa Blg. 881 was enacted. Under Section 80 of the Omnibus Election 
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Code, election campaigning and partisan political activity outside the campaign 
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period was proscribed.  It provided the repercussion of making a candidate be 
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subject to disqualification from his candidacy or from holding office under 
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Section 68. 
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However, by virtue of Section 15 of Republic Act 8436, as amended by Republic 
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Act 9369, which provides that “unlawful acts or omissions applicable to a 
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candidate shall take effect only upon the start of the said campaign period,” it 
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has erased the liability of a candidate from the offense of election campaign 
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outside the campaign period. The amendment seems to have permitted 
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prospective candidates and candidates alike to engage in premature 
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electioneering. 
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Furthermore, under the Penera v. COMELEC ruling in 2009, the Supreme Court 
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has ruled that no candidate can be held liable for premature campaigning 
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because he shall be considered a candidate only at the start of the campaign 
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period. Also, the unlawful acts or omissions applicable to the candidate shall 
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take effect only upon the start of such campaign period.  
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This setup is counterintuitive to the principles of fair play during elections in a 
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democratic state. As remarked by the Comelec spokesperson in response to the 
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criticisms against the constitutional commission’s inaction on instances of early 
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campaigning, “premature campaigning” could not be committed since there is 
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no “official candidate” yet to speak of. A congressional act is required. 
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June 29, 2021
2:32 pm
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This measure seeks to correct and reconcile the provisions of the Omnibus 
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Election Code and the Republic Act. 9369 where the prohibition against early 
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campaigning and partisan political activity would be reinstituted. This also 
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puts liability against a prospective candidate who carries out premature 
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campaigning within a year before the start of the campaign period and placing 
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him under the ambit of disqualification in the Omnibus Election Code anew. 
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The passage of this measure is earnestly sought. 
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HON. JOHNNY PIMENTEL 
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
EIGHTEENTH CONGRESS 
2nd Regular Session 
HOUSE BILL NO. ________ 
___________________________________________________________________ 
Introduced by Rep. JOHNNY PIMENTEL 
“AN ACT AMENDING SECTION 79 AND 80 OF BATAS PAMBANSA BILANG 
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881, OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE OF THE 
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PHILIPPINES, PROHIBITING THE ACTS OF PREMATURE CAMPAIGNING”  
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Be it enacted by the Senate and House of Representatives of the Philippines in 
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Congress assembled: 
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SECTION 1. Section 79 of Batas Pambansa Blg. 881, also known as the 
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“Omnibus Election Code of the Philippines,” is hereby amended to read as follows: 
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“Section 79. DEFINITIONS. – As used in this Code: 
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a. The term "candidate" refers to any person aspiring for or seeking
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an elective public office, who has filed a certificate of candidacy
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by himself or through an accredited political party, aggroupment,
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or coalition of parties;
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A PERSON SHALL BE CONSIDERED AS A CANDIDATE
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FROM THE MOMENT HE FILES HIS CERTIFICATE OF
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CANDIDACY. 
ACTS 
CONSTITUTING 
PREMATURE
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CAMPAIGNING ENUMERATED IN THIS CODE SHALL APPLY
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TO CANDIDATES UPON THE FILING OF THEIR CERTIFICATE
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OF CANDIDACY.
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THE TERM “PROSPECTIVE CANDIDATE’ REFERS TO ANY
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PERSON ASPIRING FOR OR SEEKING AN ELECTIVE
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PUBLIC OFFICE, WHETHER OR NOT HE HAS EXPLICITLY
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DECLARED HIS INTENTION TO RUN AS A CANDIDATE IN
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THE 
IMMEDIATELY 
PRECEDING 
ELECTIONS, 
AND
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SUBSEQUENTLY FILES A CERTIFICATE OF CANDIDACY.
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b. The term “election campaign” or “partisan political activity”
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refers to an act designed to promote the election or defeat of a 
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particular candidate or candidates to a public office which shall 
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include: 
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(1) Forming organizations, associations, clubs, committees or 
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other groups of persons for the purpose of soliciting votes and/or 
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undertaking any campaign for or against a candidate; 
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(2) Holding political caucuses, conferences, meetings, rallies, 
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parades, or other similar assemblies, for the purpose of soliciting 
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votes and/or undertaking any campaign or propaganda for or 
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against a candidate; 
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(3) Making speeches, announcements or commentaries, or 
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holding  
interview for or against the election of any candidate 
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for public office; 
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(4) Publishing or distributing campaign literature or materials 
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designed to support or oppose the election of any candidate; or 
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(5) Directly or indirectly soliciting votes, pledges or support for or 
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against 
a 
candidate. 
PROVIDED, 
THAT 
THE 
ACTS 
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ENUMERATED IN THIS SUBSECTION SHALL EQUALLY BE 
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APPLICABLE TO A PROSPECTIVE CANDIDATE. 
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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 
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to a public office by a political party, aggroupment, or coalition of 
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parties shall not be considered as election campaign or partisan 
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election activity. 
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Public expressions or opinions or discussions of probably issues 
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in a forthcoming election or on attributes of or criticisms against 
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probably candidates proposed to be nominated in a forthcoming 
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political convention shall not be construed as part of any election 
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campaign or partisan political activity contemplated under this 
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Article.” 
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SEC. 2. Section 80 of BP Blg. 881 is hereby amended to read as follows: 
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“Section 80. Election campaign or partisan political activity 
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outside campaign period. – It shall be unlawful for any person, 
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whether a voter or candidate, OR A PROSPECTIVE 
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CANDIDATE, or for any party, or association of persons, to 
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engage in an election campaign or partisan political activity 
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except during the campaign period: Provided, that political parties 
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may hold political conventions or meetings to nominate their 
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official candidates within thirty days before the commencement of 
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the campaign period and forty-five days for President and Vice-
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Presidential 
election. 
PROVIDED 
FURTHER 
THAT 
A 
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CANDIDATE OR A PROSPECTIVE CANDIDATE MAY BE 
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HELD 
LIABLE 
UNDER 
THIS 
SECTION 
FOR 
ACTS 
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COMMITTED 
WITHIN 
ONE 
YEAR 
BEFORE 
THE 
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COMMENCEMENT OF THE CAMPAIGN PERIOD UPON THE 
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FILING OF HIS CERTIFICATE OF CANDIDACY. 
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SEC. 3. Implementing Rules and Regulation. – The Commission on Elections 
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shall promulgate and issue the rules and regulations necessary to implement the 
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provisions of this Act. 
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SEC. 4. Separability Clause. – If any portion or provision of this Act is declared 
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unconstitutional, the same shall not affect the validity and effectivity of the other 
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provisions not affected thereby. 
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SEC. 5. Repealing Clause. -  
All laws, presidential decrees, letters of 
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instructions, executive orders, rules, regulations, and other issuances or parts thereof 
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which are contrary to or inconsistent with the provisions of this Act are hereby revoked, 
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repealed, amended or modified accordingly. 
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SEC. 6. Effectivity Clause. – This act shall take effect fifteen (15) days following 
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the completion of its publication in the Official Gazette or in at least one (1) newspaper 
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of general circulation. 
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Approved
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