REPUBLIC OF THE PHILIPPINES,
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS,
First Regular Session

House Bill No. 940

Introduced by MAGDALO Party List Representatives FranciscoAshley L. Acedillo and
Gary C. Alejano

Explanatory Note

The presence of nuisance candidates is a product of a loose electoral system. As a consequence,
before every election, the Commission on Elections (COMELEC) Commissioners will have to
weed out from the list, candidates that the law considers as mere nuisance, and in determining
who the nuisance candidates are, their main task is to look into the intentions of these candidates
and a close assessment to the candidates’ chances of victory, among others.

Section (2)(7) under Commission on Elections of Article IX of the Constitution mandates that
the Congress provides for effective measures to minimize election spending, including limitation
of places where propaganda materials shall be posted, and to prevent and penalize all forms of
election frauds, offenses, malpractices, and nuisance candidacies.

It is in this line that this bill seeks to expand the grounds for declaring a person a nuisance
candidate provided that, the person has previously run at least three (3) times for the same
elective office and that said candidate garnered less than ten (10) percent of the total number of
votes cast on the position on his/her third and/or last election. While the Omnibus Election Code
obviously dissuades those who have the least chances in winning the elections, such is not
deterrence for these candidates to file their respective certificates of candidacy.

In view of the foregoing, the early passage of this bill is earnestly sought.

CISCO ASHLEY L. ACEDILLO ARY C!ALEJANO


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 940

Introduced by MAGDALO Party List Representatives Francisco Ashley L. Acedillo and
Gary C. Alejano

AN ACT
EXPANDING THE GROUNDS FOR DECLARING A PERSON A NUISANCE
CANDIDATE, THEREBY AMENDING SECTION 69 OF BATAS PAMBANSA BILANG
881 OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE

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

SECTION 1. Section 69 of Batas Pambansa Bilang 881, otherwise known as the

Omnibus Election Code, is hereby amended to read as follows:

“SEC. 69. The Commission may motu. propio or upon a verified petition of an
interested party, refuse to give due course to or cancel a certificate of candidacy if it is
shown that said certificate has been filed to put the election process in mockery or
disrepute or to cause confusion among the voters by the similarity of the names of the
registered candidates or by other circumstances or acts which clearly demonstrate that the
candidate has no bona fide intention to run for the office for which the certificate of
candidacy has been filed and thus prevent a faithful determination of the true will of the

electorate,

“FURTHER, THE COMMISSION MAY MOTU PROPIO OR UPON THE
VERIFIED PETITION OF AN INTERESTED PARTY, MAY DECLARE A

PERSON A NUISANCE CANDIDATE IF THE PERSON HAS PREVIOUSLY


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RUN AT LEAST THREE (3) TIMES FOR THE SAME ELECTIVE OFFICE, AND
THAT HE GARNERED LESS THAN FIVE (5) PERCENT OF THE TOTAL
NUMBER OF VOTES CAST IN THE THIRD OR LAST ELECTION PERIOD IN
WHICH HE/SHE RUN FOR THE SAID ELECTIVE OFFICE.

XXX

SEC.2. Repealing Clause. Any laws, decrees, ordinances or rules and regulations
which are inconsistent with or contrary to the provision of this Act is hereby amended or

repealed.

SEC. 3. Separability Clause. - If any provision of this Act is held invalid or

unconstitutional, the other provisions not affected hereby shall remain valid and subsisting.

SEC. 4. Effectivity. This Act shall take effect fifteen (15) days after its complete

publication in at least two (2) national newspapers of general circulation.

Approved,