SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.
House Bilt No, ©2940

EXPLANATORY NOTE

Elections are crucial exercises of political freedom and might foretell the political
climate in the years to come. With this in mind, it is essential that upcoming elections
are clean, honest and truthful so that the leaders who stand to be proclaimed will be the
genuine ones who are truly chosen by the people and their mandate acceptable to all
with nobody doubting their authority to gover this nation

But, that is possible only if we institute electoral reforms. Too many aspects
need to be addressed. However, it is this bill's purpose to address the aspect of protest
since this puts into serious question the proclamation 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, let 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 a 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 are 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.

Th

MAXIMO B. RODRIGUEZ, JR.


‘SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES

~ Introduced by Representative Maximo B. Rodriguez, Jr.
6940

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

House Bill No.

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. Declaration of Principles. —

(a) Election as the bedrock of democracy serves the genuine medium to
determine the people'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;

(©) 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 reasonable 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 shall 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 shalll 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 nullified, the
latter shall immediately reimburse to the former all the costs and fees
incurred or paid to the electoral tribunal, COMELEC, RTC, MTC as the case
may be, as well as to his revisors.

SEC. 5. Expeditious Resolution of Protests. — Notwithstanding any provision of law or
ules 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;
() For Representatives and local officials, twelve (12) months following the
proclamation of the candidate whose election is contested; and,
(©) For barangay officials, six (6) months following the proclamation 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
resolved 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 shalll 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 shall not be entitled 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 nullified 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 Govemment 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. 8 hereof notwithstanding his ineligibility;


(©) Any treasurer or public 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;

(d) 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 shall fail to resolve 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;

() 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. Separability Clause - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting

SEC. 11. Repealing Clause - Any law, presidential decree or issuance, executive order,
letter 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,