TWENTIETH CONGRESS OF THE ) ) REPUBLIC OF THE PHILIPPINES First Regular Session AUG -6 P2:21 SENATE 1048 S. No. _ Introduced by Senator Jinggoy Ejercito Estrada 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 The right to suffrage is a cornerstone of Philippine democracy, enshrined in Article V of the 1987 Constitution, affirmed by Article 21 of the Universal Declaration of Human Rights, and reinforced by Article 25 of the International Covenant on Civil and Political Rights. It is through the exercise of this right that the constitutional mandate declaring the Philippines as a "democratic and republican State," where "sovereignty resides in the people and all government authority emanates from them" (Article Il, Section 1), is fully realized. Thus, any assault on the sanctity of the vote strikes at the very heart of our democracy. Recognizing the critical importance of protecting electoral integrity, Batas Pambansa Blg. 881, or the Omnibus Election Code of 1985, criminalized acts of vote- buying and vote-selling, prescribing penalties to deter such offenses. However, more than three decades after its passage, while the methods and mechanisms of voting have evolved-from manual voting to automated election systems-the law's provisions on vote-buying and vote-selling have remained static.
In today's digital age, new threats have emerged. Cybercriminals have adapted vote-buying strategies using electronic money transfers and digital platforms, often employing money mules to obscure the source and trail of illicit transactions. Unlike traditional vote-buying, where cash is physically distributed, digital vote-buying is far harder to trace and prosecute, exploiting gaps in existing legislation. In light of these developments, there is an urgent need to update our election laws to address these modern challenges. This proposed measure seeks to amend
Section 261 of the Omnibus Election Code by expanding the definition of vote-buying
to include acts facilitated through technology, including the use of computers, mobile devices, electronic money transfers, and digital applications. It also introduces the crime of "cyber vote-buying," ensuring that technological innovations cannot be misused to undermine electoral integrity without commensurate legal consequences. Strengthening our legal framework against both traditional and digital vote- buying is vital to safeguarding the people's sovereign will and ensuring the credibility of our electoral process. A similar version was filed by Senator Grace Poe in the 19th Congress, this measure reflects a steadfast commitment to upholding the integrity of the electoral process and protecting the fundamental right of suffrage against emerging threats in the digital age. In view of the foregoing, the immediate passage of this bill is earnestly sought. INGGOY EJERCITO ESTRADA
trr ot 11 TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES AUG -6 P2:21 First Regular Session SENATE RECEIVED 31 S. No.1048 Introduced by Senator Jinggoy Ejercito Estrada 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:
Section 1. Section 261(a)(1) of Batas Pambansa Big. 881, s. 1985, is hereby
amended as follows: "Section 261. Prohibited Acts. - The following shall be guilty of an election offense: "(a) Vote-buying and vote-selling. - "(1) Any person who gives, offers or promises money or anything of value, gives or promises any office or employment, franchise or grant, public or private, or makes or offers to make an expenditure, directly or indirectly, or cause an expenditure to be made to any person, association, corporation, entity, or community in order to induce anyone or the public in general to vote for or against any candidate or withhold his vote in the election, or to vote for or against
any aspirant for the nomination or choice of a candidate in a convention or similar selection process of a political party. "THIS SHALL ALSO COVER VOTE-BUYING AND/OR VOTE-SELLING THAT IS COMMITTED THROUGH ELECTRONIC MEANS OR WITH THE USE OF INFORMATION AND COMMUNICATIONS TECHNOLOGIES, INCLUDING BUT NOT EXCLUSIVE TO WEBSITES, SOFTWARE, AND APPLICATIONS FOR ONLINE BANKING AND MONEY REMITTANCES. THE PENALTY TO BE IMPOSED SHALL BE IMPRISONMENT OF NOT LESS THAN SIX (6) YEARS BUT NOT MORE THAN TEN (10) YEARS AND SHALL NOT BE SUBJECT TO PROBATION." "XXX."
Sec. 2. Separability Clause. - If any provision is held invalid or unconstitutional,
the remainder of the law or provision not otherwise affected shall remain valid and subsisting.
Sec. 3. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified, or amended accordingly.
Sec. 4. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in a newspaper of general circulation. Approved,