NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
:;l - ' l(1
, ''tTrijp n{»!!? <f- ■ i'f'!"’
24 may “8 P4:16
SENATE
s. No. 2664
Introduced by Senator Grace Poe
AN ACT
FURTHER PROTECTING THE INTEGRITY OF THE RIGHT TO SUFFRAGE BY 
AMENDING SECTION 261 OF BATAS PAMBANSA BLG. 881, S. 1985, 
OTHERWISE KNOWN AS THE "OMNIBUS ELECTION CODE," AS AMENDED, 
DEFINING THE CRIME OF CYBER VOTE-BUYING AND VOTE-SELLING, AND 
PROVIDING PENALTIES THEREOF
EXPLANATORY NOTE
Our right to suffrage is enshrined in Article V of the 1987 Philippine Constitution, 
Article 21 of the Universal Declaration of Human Rights, and Article 25 of the 
International Covenant on Civil and Political Rights. The right to vote or the exercise 
of the right to vote reinforces the constitutional foundations of the Philippines as a 
"democratic and republican State" where "sovereignty resides in the people and all 
government authority emanates from them" (Article II, Section 1 of the 1987 
Philippine Constitution). Therefore, any attack to the integrity of the Filipinos' right to 
suffrage is an insult to the country's democracy. It is for this reason that Batas 
Pambansa Big. 881, s. 1985, or the Omnibus Election Code, as amended, has defined 
(Section 261) and punished (Section 264) the crime of vote-buying and vote-selling.
It has been more than three decades since the Omnibus Election Code passed 
into law and the bounds of vote-buying and vote-selling as a prohibited act remains 
unchanged despite the historic evolution of the electoral process from manual 
counting to electronic and automated elections.
Alongside this digital shift is the penetration and proliferation of cybercriminals 
in vote-buying and vote-selling schemes through money mules. These money mules


use electronic money transfer methods to facilitate vote-buying and vote-selling. 
Unlike traditional vote-buying where the candidates physically give out money, it is a 
challenge to detect the source of these digital schemes.
In view of the limitations of the existing law, this measure proposes an 
amendment to the definition of vote-buying under Section 261 of the Omnibus Election 
Code to cover criminal developments exploiting the use of technology and/or computer 
devices, software, and applications in the electoral sphere. It defines the offense of 
cyber vote-buying and seeks the same punishment commensurate to the gravity of 
this crime.
Hence, the immediate passage of this measure is earnestly sought.
GRACE POE


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHIUPPINES 
)
Second Regular Session 
)
s>rur!':
24 hay-8 P 4 *16
SENATE
S. No.2664
Introduced by Senator Grace Poe
AN ACT
FURTHER PROTECTING THE INTEGRITY OF THE RIGHT TO SUFFRAGE BY 
AMENDING SECTION 261 OF BATAS PAMBANSA BLG. 881, s. 1985, 
OTHERWISE KNOWN AS THE "OMNIBUS ELECTION CODE," AS AMENDED, 
DEFINING THE CRIME OF CYBER VOTE-BUYING AND VOTE-SELLING, AND 
PROVIDING PENALTIES THEREOF
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
1 
Section 1. Section 261(a)(1) of Batas Pambansa Big. 881, s. 1985, is hereby
2 
amended as follows:
3 
"Section 261. Prohibited Acts. - The following shall be guilty of an
4 
election offense:
5 
(a) Vote-buying and vote-selling. -
6 
(1) Any person who gives, offers or promises money or anything of
7 
value, gives or promises any office or employment, franchise or grant, public
8 
or private, or makes or offers to make an expenditure, directly or indirectly, or
9 
cause an expenditure to be made to any person, association, corporation,
10 
entity, or community in order to induce anyone or the public in general to vote
11 
for or against any candidate or withhold his vote in the election, or to vote for
12 
or against any aspirant for the nomination or choice of a candidate in a
13 
convention or similar selection process of a political party.
14 
THIS SHALL ALSO COVER VOTE-BUYING AND/OR VOTE-
15 
SELLING THAT IS COMMITTED THROUGH ELECTRONIC MEANS OR
16 
WITH THE USE OF INFORMATION AND COMMUNICATIONS
17 
TECHNOLOGIES, INCLUDING BUT NOT EXCLUSIVE TO WEBSITES,


1 
SOFTWARE, AND APPLICATIONS FOR ONLINE BANKING AND MONEY
2 
REMITTANCES. THE PENALTY TO BE IMPOSED SHALL BE
3 
IMPRISONMENT OF NOT LESS THAN SIX (6) YEARS BUT NOT MORE
4 
THAN TEN (10) YEARS AND SHALL NOT BE SUBJECT TO PROBATION."
5 
XXX
6 
Sec. 2. Separability Clause. - If any provision is held invalid or unconstitutional,
7 
the remainder of the law or provision not otherwise affected shall remain valid and
8 
subsisting.
9 
Sec. 3. Repealing Clause. - Any law, presidential decree or issuance, executive
10 
order, letter of instruction, administrative order, rule, or regulation contrary to or
11 
inconsistent with the provisions of this Act is hereby repealed, modified, or amended
12 
accordingly.
13 
Sec. 4. Effectivity. - This Act shall take effect fifteen (15) days after its
14 
publication in a newspaper of general circulation.
Approved,