FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

1063

House

II No.
re
EXPLANATORY NOTE

The ballot is the physical manifestation of a voter's sovereign act of
choosing a representative for the purpose of good governance. Thus, the
sanctity of the ballot must at all cost be ensured in any electoral exercise. It is
unfortunate that modem day elections are marred by irregularities and
anomalies brought about by twisted means, methods, schemes, and
machinations beyond what is legally allowed purposely for the advancement
of the interests of a few and not of the electorate.

This Representative believes that such acts should be met with the full
force of the law and in order to do so our election law should be amended
accordingly.

Premises considered, this proposed legislative measure seeks to
amend Article XXII, Section 261 (dd) of BP 881 to include other forms of
electoral fraud and prescribing penalties for their commission.

Immediate passage of this bill is thus earnestly recommended.

RUFUS B. RIGUEZ

Wo

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

1069

House Bill No.

AN ACT
AMENDING ARTICLE XXII, SECTION 261 (dd) OF BATAS PAMBANSA
BLG. 881, OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE OF
THE PHILIPPINES, AS AMENDED, TO INCLUDE OTHER FORMS OF
ELECTORAL FRAUD, PRESCRIBING PENALTIES THEREFORE AND FOR
OTHER PURPOSES.

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

SECTION 1. Article 261 (dd) of Batas Pambansa Big. 881, otherwise
known as the Omnibus Election Code, as amended, is hereby further
amended to read as follows’

(dd) Other prohibitions:

(1) Any person who sells, furnishes, offers, buys, serves or
takes intoxication, liquor on the days fixed by law for the
registration of voters in the polling lace, or on the day before
the election or on election day: Provided that, hotels and
other establishments duly certified by the Department of
Tourism as tourist oriented and habitually in the business of
catering to foreign tourists may be exempted for justifiable
Teasons upon prior authority of the Commission: Provided
further, that foreigners taking intoxication liquor in said
authorized hotels or establishments are exempted from the
provisions of this subparagraph.

(2) Any person who opens in any polling place or within a radius
of thirty (30) meters thereof on election day and during the
counting of votes, booths or stalls of any kind for the sale,
dispensing or display of wares, merchandise of
Tefreshments, whether solid or liquid, or for any other
purposes.


(3) Any person who holds on election day, fairs, cockfights,
boxing, horse racing, jai-alai or any other similar sports.

(4) Refusal to carry election mail matter. Any operator or
employee of public utility or transportation company
operating under a certificate of public convenience, including
government-owned or controlled postal service or its
employees or deputized agents who refuse to carry official
election mail matters free of charge during the election
period, In addition to the penalty prescribed therein, such
refusal shall constitute a ground for cancellation or
revocation of certificate of public convenience or franchise.

(6) Prohibition against discrimination in the sale of air time. Any
person who operates a radio or television station who,
without justifiable cause, discriminates against any political
party, coalition or aggroupment of parties or any candidates
in the sale of air time. In addition to the penalty prescribed
herein, such refusal shall constitute a ground for cancellation
or revocation of the franchise.

(6) VOTE SHAVING/VOTE PADDING. IN ADDITION TO THE
OFFENSE PENALIZED UNDER ARTICLE 261 (bb) (1), ANY
PERSON WHO INDUCES OR ATTEMPTS TO INDUCE
ANY MEMBER OF THE BOARD OF ELECTION
INSPECTORS OR BOARD OF CANVASSERS TO
TAMPER, INCREASE OR DECREASE THE VOTES
RECEIVED BY ANY CANDIDATE IN ANY ELECTION IN
CONSIDERATION OF ANY PROMISE, OFFER, GIFT OR
PRESENT, PECUNIARY OR OTHERWISE, FOR THE
PURPOSE OF BENEFITTING ANY CANDIDATE AND
ENSURING HIS ELECTION TO A PUBLIC OFFICE SHALL
BE GUILTY OF THE CRIME OF VOTE SHAVING/VOTE
PADDING.

VOTE SHAVING/VOTE PADDING OCCURS WHEN,
FOR THE PURPOSE OF BENEFITTING AND ENSURING
THE ELECTION OF AN Y CANDIDATE TO A PUBLIC
OFFICE, ANY MEMBER OF THE BOARD OF ELECTION
INSPECTORS OR CANVASSERS IN CONSIDERATION OF
ANY PROMISE, GIFT, OFFER OR PRESENT, PECUNIARY
OR OTHERWISE, FROM ANY PERSON, WILL ALTER,
MODIFY OR CHANGE THE VOTES OBTAINED BY ANY
CANDIDATE EITHER BY:

(1) | REDUCING THE VOTES OBTAINED BY ANY OR
ALL CANDIDATES AND ADDING IT TO THE VOTES
OBTAINED BY THE FAVORED CANDIDATE;

(2) _KNOWINGLY ADDING VOTES TO THE ACTUAL
VOTES OBTAINED BY THE FAVORED CANDIDATE;


(3) KNOWINGLY REDUCING THE ACTUAL VOTES
OBTAINED BY ANY CANDIDATE EXCEPT THAT OF THE
FAVORED CANDIDATE;

ANY PERSON FOUND GUILTY OF THE OFFENSE OF
VOTE SHAVING /VOTE PADDING SHALL BE PUNISHED
WITH IMPRISONMENT OF RECLUSION PERPETUA;
PROVIDED THAT, IF THE OFFENDER IS A PUBLIC
OFFICIAL OR EMPLOYEE, THE PENALTY SHALL BE
DEATH; PROVIDED FURTHER, THAT IN ADDITION TO
THE PENALTY IMPOSED HEREIN, THE OFFENDER
SHALL LIKEWISE SUFFER THE ACCESSORY PENALTY
IMPOSED AND THE DEPRIVATION OF THE RIGHT OF
SUFFERAGE.

SEC 2. Separability Clause. If any provision or part of this Act is held
to be invalid or unconstitutional, other provisions hereof which are not effected
thereby shall continue to be in full force and effect.

SEC 3. Repealing Clause. All provisions of law, presidential decrees
or issuances, orders, including rules and regulations inconsistent herewith are
hereby repealed or modified accordingly.

SEC 4. Effectivity. This act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in at least two (2)
newspapers of general circulation.

Approved.