EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriquez

House Bill No. 2761
EXPLANATORY NOTE

Elections are crucial exercises of political freedom and might foretell the politcal
climate im the years to come. With this in mind, it is essential that upcoming elections aF®
Sican, honest and truthfui so that the leaders who stand to be proclaimed will be the genuine
cee Ino are truly chosen by the people and their mandate acceptable to all with nobody
doubting their authority to govern this nation

But, that is possible only if we institute electoral reforms. Too many aspects need fo
be addressed However. itis this bill's purpose to address the aspect of protest since this
puts into serious question the prociamation of the winning candidate

First. fees for protest at present are exorbitant that we have to make them
reasonable to enable the genuine protests to be affordable to the cheated candidates

Second, let us make the proclaimed winner who is eventually ousted in the protest
shoulder all costs as punishment for him.

Third. jet us put a time limitation to the resolution of protests Many unscrupulous
Victors defy the election code and resort to cheating because they know that protests take @
long time before they are decided

Fourth, deny the proclaimed candidate payment of benefits while the protest is heard

Fifth, candidates found cheating to secure victory but ere eventually ousted must be
barred from running again or holding any government post as punishment

Lastly, hold those involved in delaying resolution of protests criminally liable.

It is hoped that if enacted into law, the bill will make the prospective cheater and his
supporters think twice before resorting to fraud just to insure his false victory ‘On the other
hand. it will restore the confidence of the electorate in the electoral process as the stabilizing
political solution to our political instability.

RUF) Mil...


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

~__ Introduced by Representative Rufus B.Rodriguez
2761

House Bill No.

AN ACT
RATIONALIZING THE PROCEEDINGS IN AND RESOLUTION OF ELECTORAL
PROTESTS AND FOR OTHER PURPOSES

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

SECTION 1. Title of this Act. This Act shall be known as the "Fair Electoral Protest Act

SEC. 2. Dectaration of Principles. —

(2) Election as the bedrock of democracy serves the genuine medium to determine
the peopie’s choice of leaders who are to govern them.

(b) Any effort that subverts such choice deserves severe sanction, henceforth,
election fraud must be eradicated. if not minimized

(c) candidates who are cheated in an election are entitled to contest the results by
fair and inexpensive means as well as to indemnity, and,

(d) all electoral contests must be resolved with dispatch and at a certain period of
time

SEC. 3. Scope of this Act. - This Act shall apply to all elective positions in the national
local and barangay levels

SEC. 4, Continuing Effectivity of Electoral Protest Proceedings; Exception —
Proceedings governing the election contests or protests for the position of President, Vice-
President, Senator and Representatives as now provided by existing rules of their respective
electoral tribunals, as well as those for local and barangay officials as provided for in the
Omnibus Election Code, the Local Government Code and other special laws shall remain
operative except as to the following:

(a) Filing Fees. — Filing fees must be reasoneble and cover only administrative costs
for accepting and docketing the protests

(b) Deposit for Costs. - Deposits for costs to cover the revision of contested votes
must cover only reasonable administrative expense and shali be shared equally
by the protestant and the protestee: Provided. However, that in case of counter-
protest by the protestee, only the protestee shall bear the cost unless the same
precinct subject of the main protest is the same precinct subject thereof, in which
case, no further costs shall be assessed

(c) Revisor’s Fees. — Fees for the revisors respectively chosen by the protestant and
protestee shall be borne solely by each of them: Provided, However, that no part
of such fee shall be included in the computation of deposit for costs:

(d) Reimbursement of Costs and Fees. — In case the protest of the defeated
candidate is sustained and the proclaimed winner's election is nulified, the latter
shall immediately reimburse to the former all the costs and fees incurred or paid
to the electoral tribunal, COMELEC, RTC, MTG as the case may be. as well as to
his revisors


SEC. 5. Expeditious Resolution of Protests. — Notwithstanding any provision of law or
rules and regulations to the contrary notwithstanding, all election contests or protests shall
be resolved expeditiously but not later than the following periods
(a) For President, Vice-President and Senators, twenty-four (24) months following
the proclamation of the candidate whose election is contested:
(b) For Representatives and local officials, twelve (12) months following the
prociamation of the candidate whose election is contested: and,
(c) For barangay officials, six (6) months following the prociamation of the candidate
whose election is contested

SEC. 6. Effect if Protest Unresolved within Period; Sanctions for Delay. ~ In the event
the protest is not resolved within the period fixed in Section 5 hereof, the candidate whose
election is challenged shall be considered on holdover status and shall not be entitled to any
salaries, allowances, emoluments or other monetary compensation commencing upon the
lapse of said fixed periods and shall remain so until the protest is resoived in his favor
Provided. However. that if the protest is resolved in favor of the defeated candidate, all the
salaries, allowances, emoluments or other monetary compensations due from such time
shall be paid to him; Provided, Finally, if the delay in the resolution is due to the fault of
either the proclaimed winner or his counsel, or the defeated candidate or his counsel, the
party at fault shail not be entitied to the salaries, allowances, emoluments or other monetary
compensations corresponding to the number of months that he had caused the delay in such

resolution.

SEC. 7. Disqualification of Ousted Winner. — A candidate whose proclamation as winner
is nullified or reversed by the Electoral Tribunal, COMELEC, RTC or MTC. as the case may
be, shall be disqualified from running for any elective position, national, local or barangay
level, for the succeeding two (2) elections following his ouster. Provided, However, that this
disqualification shall take effect immediately regardless of the pendency of any appeal from
the court, the COMELEC or Electoral Tribunal. that ousted him

SEC. 8. Ineligibility for Appointment. - Further, the candidate whose proclamation as
winner is nulified or reversed by the Electoral Tribunal, COMELEC. RTC or MTC, as the
case may be, shall not be eligible for appointment in any position in the Government for a
period of six (6) years following his ouster.

SEC. 9. Violations of this Act Treated as Election Offense. — The following acts shall be
treated as an election offense and shall be punished in accordance with and pursuant to
Sec. 264 of the Omnibus Election Code:
(a) Any election officer who certifies to the candidacy of the ousted winner as
specified in Sec. 7 notwithstanding his disqualification

(b) Any public officer who appoints the ousted winner to any public office as specified
in Sec. 6 hereof notwithstanding his ineligibility,

(c) Any treasurer or pubiic officer who pays the salaries, allowances. emoluments or
other monetary compensations of the proclaimed winner whose election is the
subject of the protest despite the lapse of the period fixed in Sec. 6 hereof,

(a) Any public officer who overcharges the defeated candidate who has filed his
protest more than the fees fixed in Sec. 4 hereof,

(e) Any Judge or COMELEC official who shail fail to resoive the protest beyond the
period fixed in Sec. 5 hereof for reasons not due to the fault of any of the parties
or other justifiable reasons;

(f) Any person, including lawyers and witnesses, whose act or omission shall have
caused the undue delay in the resolution of the election protest within the period
fixed in Sec. 5 hereof,


SEC. 10. Separabilty Clause - if any provision or part hereof is held invalid oF
Unconstitutional, the remainder of the law or the provision not othermse affected shall
remain valid and subsisting.

SEC. 11. Repealing Clause - Any law, presidential decree or issuance, executive order
ietter of instruction, administrative order. rule or regulation contrary to or inconsistent with the
provisions of this Act is hereby repealed. modified or amended accordingly

SEC. 12. Effectivity. - This Act shall take effect after publication in at least two (2)
newspapers of general circulation.

Approved