E IG H T E E N T H  CO N G RESS O F T H E  
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REPU BLIC O F T H E  P H IL IP P IN E S  
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First Regular Session 
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SENATE
S. No. 
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•19 JUL 25 Wl -07
RECEiVuD;;;
Introduced by SENA'l'OR LEIIA M. DE LIMA * 01
AN ACT
PENALIZING PREMATURE CAMPAIGNING, AMENDING SECITON 15
01 REPUBLIC ACr NO. 8436, AS AMENDED BY REPUBLIC ACT NO.
9369
EXPIANATORY NOTE
The prohibited act of premature campaigning is defined under Section 80 of 
the Omnibus Election Code, to wit:
SECTION 80. Election campaign or partisan political activity 
outside campaign period. - It shall be unlawful for any person, 
whether or not a voter or candidate, or for any party, or 
association of persons, to engage in an election campaign or 
partisan political activity except during the campaign period:
Provided, That political parties may hold political conventions or 
meetings to nominate their official candidates within thirty days 
before the commencement of the campaign period and forty-five 
days for Presidential and Vice-Presidential election.
The repercussion for the violation of Section 80 is spelled out in Section 60 of 
the same Code, which reads:
SECTION. 68. Disqualifications. - Any candidate who, in an 
action or protest in which he is a party is declared by final 
decision of a competent court guilty of, or found by the 
Commission of having xxx (e) violated any of Sections 80, 83,
85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6,


shall be disqualified from continuing as a candidate, or if he has 
been elected, from holding the office, xxx
In 2007, Republic Act No. 9369 (RA 9369) was enacted. Section 15, paragraph 
3 thereof provided a new definition of “candidate” which, as a result, premature 
campaigning may no longer be committed, to wit:
SEC. 15. Official Ballot. -
xxx
For this purpose, the Commission shall set the deadline for the 
filing 
of 
certificate 
of 
candidacy/petition 
of 
registration/manifestation to participate in the election. Any 
person w ho files his certificate o f candidacy w ithin  this 
period shall only be considered as a candidate at the start 
o f the cam paign period fo r w hich he filed his certificate of 
candidacy: 
Provided, 
That, 
unlawful 
acts 
or 
omissions 
applicable to a candidate shall effect only upon that start of the 
aforesaid campaign period xxx. (Emphasis added)
However, in Pciicra v. Commission on Elections', the Supreme Court clarified 
that Section 15, paragraph 3 of RA 9369 does not repeal Section 80 of the Omnibus 
Election Code; rather “it is possible to harmonize and reconcile these two provisions” 
since “premature campaigning may be committed even by a person who is not a 
candidate, xxx it is only at the start of the campaign period, when the person 
officially becomes a candidate, that the undue and iniquitous advantages of his/her 
prior acts, constituting premature campaigning, shall accrue to his/her benefit.”
A Commission on Elections (COMELEC) Commissioner was quoted by news 
reports saying that the Commission En Banc recognized that there is no law against 
premature campaigning, whether for manual or automated elections* 2.
This measure aims to correct the provision by considering the persons who 
filed certificates of candidacy as candidates at the time of the filing. Thus, said
Penera v. Commission on Elections, G. R. No. 181613, September 11,2009
2 Santos, T. (2018). Comelec: Prcnuittire campaigning not poll q/Jen.se. Retreived from 
https://newsinfo.inquirer.net/085111/comelec-premature-campaigning-not-poll-offense


persons can already be held liable for election offenses including premature 
campaigning.
It is high time to address the issue of premature campaigning through a 
corrective legislative action3. This legislative loophole has repeatedly been used and 
abused by offenders in order to gain an undue advantage over their fellow candidates. 
In fact, the recently held national and local elections had seen ubiquitous and brazen 
instances of premature campaigning, on top of massive vote-buying in 
unprecedented levels. Let us take the necessary' steps to ensure an even pla> ing field 
and foster an environment of fairness and propriety every election season.
Approval of this measure is earnestly sought.
d e l iK a 3
3 Jimenez, James. 21 June 2018. “A Stitch in Time”. Business Mirror. Retrieved from 
https://businessmirror.com.pli/a-stitch-in-time/


E IG H T E E N T H  CO N G RESS O F T H E  
) 
REPU BLIC O F T H E  P H IL IP P IN E S  
)
First Regular Session 
)
3 
K- ‘
t> iBUut oi lOf
T9 JUL 25 All -07
SENATE
S. No
Introduced bv SENATOR LEILA M. DE LIMA
AN ACT
PENALIZING PREMATURE CAMPAIGNING, AMENDING SECTION 15 
OF REPUBLIC ACT NO. 8436, AS AMENDED BY REPUBLIC ACT NO.
9369
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Section 15 of Republic Act No. 8436, as amended by R.A. No. 9369, 
is hereby further amended to read as follows:
SECTION 15. Official Ballot. -  xxxx:
xxxx.
For this purpose, the Commission shall set the deadline for the 
filing 
of 
certificate 
of 
candidacy/petition 
for 
registration/manifestation to participate in the election. A person 
[who] SHALL BE CONSIDERED A CANDIDATE AT THE 
MOMENT SUCH PERSON files [his] A certificate of candidacy 
within [this period shall only be-considered ns a candidate at the 
start of the campaign period which he filed his eertificatc of 
candidacy] 
THE 
PERIOD 
PROVIDED 
BY 
THE 
COMMISSION; Provided, That, unlawful acts or omissions 
applicable to a candidate shall take effect [only] upon [the start of 
the aforesaid campaign period] SUCH FILING OF THE 
CERTIFICATE OF CANDIDACY; Provided, finally. That any 
person holding a public appointive office or position, including 
active members of the armed forces, and officers and employees in


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government-owned or -controlled corporations, shall be 
considered ipso facto resigned from [his/her] office and must 
vacate the same at the start of the day [of the filing of his/her] 
SUCH PERSON FILED A certificate of candidacy.
xxxx.
xxxx.
xxxx.
xxxx.
Sec. 2. Repealing Clause. -  All laws, decrees, orders, and issuances, or portions 
thereof, which are inconsistent with the provisions of this Act, are hereby repealed, 
amended or modified accordingly.
Sec. 3. Effectivity. -  This Act shall take effect fifteen (15) day after its 
publication in two (2) newspapers of general circulation.
Approved,