The following are the laws and their respective sections which provide
for election offenses:
Art. XXII, Sections 261 1 and 262 of Batas Pambansa Blg. 881, “Omnibus
Elections Code of the Philippines”
Section 27 of Republic Act No. 6646, “The Electoral Reforms Law of
1987″
Sections 9, 25 and 31 of Republic Act No. 7166, “An Act providing for
Synchronized National and Electoral Reforms, authorizing appropriations
therefore, and for other purposes”
Section 45 of Republic Act No. 8189, “The Voter’s Registration Act of
1996”
Section 5 of Republic Act No. 8295, “An Act providing for the
Proclamation of a Lone Candidate for Any Elective Office in a Special
Election, and for other purposes”
Section 13 of Republic Act No. 9006, “The Fair Election Act”
Section 24 of Republic Act No. 9189, “The Overseas Absentee Voting Act
of 2003”
Sections 28, 31, 32, 33, 35, 37, 39, 40 and 42 of Republic Act No. 9369,
“An Act Amending Republic Act No. 8436 Entitled ‘An Act Authorizing
the Commission on Elections to Use an Automated Election System in May
11, 1998 National or Local Elections and in Subsequent National or
Local Electoral Exercises, to encourage transparency, credibility,
fairness and accuracy of elections, amending for the purpose Batas
Pambansa Blg. 881, s amended, Republic Act No. 7166 and other related
election laws, providing funds therefore and for other purposes.’”
What offenses are punishable in the Philippines?
Only those which are expressly made punishable with penalties as
provided by law can be considered as offenses. The so-called common law
crimes, which are the body of principles, usages and rules of action,
which do not rest for their authority upon any express and positive
declaration of the will of the legislature are not recognized in this
country. Unless there be a provision in the penal code or the special
penal law that defines and punishes the act, even if it be socially or
morally wrong, no criminal liability shall be incurred by its
commission. 2
What is the basis of the power to define and
punish crimes?
The authority to define and punish crimes and to lay down the rules of
criminal procedure lies in the state’s police power. The State has
large measure of discretion in creating and defining criminal
offenses. 3
What are the limitations of the power of the
lawmaking body to enact penal legislations?
The Bill of Rights of the 1987 Constitution provides the following
limitations:
No ex post facto law or bill of attainder shall be enacted (Article III,
Section 22). This prohibits the passage of retroactive laws which are
prejudicial to the accused. A bill of attainder is a legislative act
which inflicts punishment without trial
No person shall be held to answer for criminal offense without due
process of law (Article III, Section 14 4
The law must be general in application (Article III, Section 1)
The law should not impose the cruel and unusual punishment or excessive
fines (Article III, Section 25 5
How should penal laws be constructed or
interpreted?
Penal laws are strictly construed against the Government and liberally
in favor of the accused. 6 However, this rule may be invoked only
where the law is ambiguous and there is doubt as to its interpretation.
Where the law is clear and unambiguous, there is no room for the
application of this rule. 7
Who has the power to prosecute election
offenses?
Prior to R.A. No. 9369, the law vested the power to prosecute election
offenses exclusively to the Commission on Elections
(COMELEC). 8 However, Sec. 43 of R.A. No. 9369 expressly amended Sec.
265 of the Omnibus Election Code. It states that “the Commission
shall, through its duly authorized legal officers, have the exclusive
power to conduct preliminary investigation of all election offenses
punishable under this Code, and to prosecute the same.”
Can a citizen or public officer make warrantless
arrest in connection with an offense relating to
election campaign?
No. No person shall be arrested and/or detained at any time for any
alleged offense committed during and in connection with any election
through any act or language tending to support or oppose any candidate,
political party or coalition of political parties under or pursuant to
any order of whatever name or nature and by whomsoever issued except
upon a warrant of arrest issued by a competent judge after all the
requirements of the Constitution shall have been strictly complied
with. 9
What are the consequences of violating the
requirement of an arrest warrant in connection
with election campaign?
Any officer or person who violated this requirement shall be punished by
imprisonment of not less than six (6) years and one (1) day nor more
than twelve (12) years, with accessory penalties for election offenses.
The provision of Sec. 267 of this Code (on prescription) shall not apply
to prosecution under this section. 10
What is the prescriptive period for the
prosecution of election offenses?
Election offenses shall prescribe after five years after the date of
their commission. If the discovery of the offense be made in an election
contest proceedings, the period of prescription shall commence on the
date on which the judgment of such proceedings becomes final and
executory. 11
Who has jurisdiction to try and decide election
offense?
The Regional Trial Court shall have the exclusive original jurisdiction
to try and decide any criminal action or proceedings for the violation
of the Omnibus Election Code. From this decision of the courts, appeal
will lie as in other criminal cases. 12
What is the rule on the preferential disposition
of election offenses?
The investigation and prosecution of cases involving violations of the
election laws shall be given preference by the Commission on Elections
and prosecuting officials. Their investigation shall be commenced
without delay, and shall be resolved by the investigating officer within
five days from its submission for resolution. The courts shall likewise
give preference to election offenses over all other cases, except
petitions for writ of habeas corpus. Their trial shall likewise be
commenced without delay, and shall be conducted continuously until
terminated, and the case shall be decided within thirty days from its
submission for decision. 13
What is the required pardon, amnesty, parole or
suspension of sentence for violation of election
laws, rules and regulations may be granted by
the President?
There must be a favorable recommendation first by the COMELEC. Sec.5 of
Art. XI-C of the Constitution provides that “no pardon, amnesty, parole
or suspension of sentence for violation of election laws, rules and
regulations may be granted by the President without the favorable
recommendation of the Commission.”
Notes:
1. The following are the express repeals or amendments of the Sections listed under
Section 262 of Batas Pambansa Blg. 881 as “other election offenses:” Section 85
was expressly repealed by Section 14 of Republic Act No. 9006; Inclusions of
Sections 105, 106, 107, 108, 109, 110, 111, 112 were also expressly repealed by
Section 39 of Republic Act No. 7166; Section 206 was expressly amended by
Section 35 of Republic Act No. 9369; Section 210 was expressly amended by
Section 25 of Republic Act No. 7166 and Section 31 of Republic Act No. 9369
was expressly amended by Section 32 of Republic Act No. 9369 ↩
2. Luis B. Reyes, The Revised Penal Code 1 (2006), citing U.S. v. Taylor, 28 Phil.
599 ↩
3. Id. At 2, citing People v. Santiago, 43 Phil 120 ↩
4. 4 Id. At 2-3 ↩
5. Antonio L. Gregorio, Fundamentals of Criminal Law Review 2 (2008) ↩
6. Reyes, supra note 1, at 17, citing U.S. v. Abad, 36 Phil. 243; People v. Yu Hai, 99
Phil. 728 ↩
7. 7 Id. People v. Gatchalian, 104 Phil. 664 ↩
8. Omnibus Election Code of the Philippines, Batas Pambansa Blg. 881, Sec. 265
(1985) ↩
9. Id. Sec. 266 ↩
10. Id. ↩
11. Id. Section 267 ↩
12. Id. Section 268 ↩
13. Id. Section 269 ↩
