AN ACT TO INCREASE THE PENALTY OF VOTE-BUYING AND VOTE-SELLING

AN ACT TO INCREASE THE PENALTY OF VOTE-BUYING AND VOTE-SELLING TO LIFE IMPRISONMENT AMENDING FOR THIS PURPOSE B.P. BLG. 881 OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE.

WHEREAS, in order to elect competent and righteous leaders for national and local positions, there is an absolute necessity to have a credible, orderly and honest elections;

WHEREAS, among the prevalent causes which thwart the people’s will are vote-buying and vote-selling;

WHEREAS, there is an urgent need to totally eradicate vote-buying and vote-selling in order to lay the groundwork for good, honest, and competent Filipinos to be involved in public service;

WHERAS, vote-buying and vote-selling erodes public trust, breeds contempt and undermines the fabric of a truly democratic nation,

NOW THEREFORE, be it enacted, through a People’s Initiative, the following:

Sec. 1. There shall be incorporated under Section 264 of BP 881, as amended, a new paragraph, to read as follows:

Sec. 264. Penalties. – Any person found guilty of any election offense under this Code shall be punished with imprisonment of not less than one year but not more than six years and shall not be subject to probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage. If he is a foreigner, he shall be sentenced to deportation which shall be enforced after the prison term has been served. Any political party found guilty shall be sentenced to pay a fine of not less than ten thousand pesos, which shall be imposed upon such party after criminal action has been instituted in which their corresponding officials have been found guilty.

In case of prisoner or prisoners illegally released from any penitentiary or jail during the prohibited period as provided in section 261, paragraph (n) of this Code, the director of prisons, provincial warden, keeper of the jail or prison, or persons who are required by law to keep said prisoner in their custody shall, if convicted by a competent court, be sentenced to suffer penalty of prision mayor in its maximum period if the prisoner or prisoners so illegally released commit any act of intimidation, terrorism of interference in the election.

Any person found guilty of the offense of failure to register or failure to vote shall, upon conviction, be fined one hundred pesos. In addition, he shall suffer disqualification to run for public office in the next succeeding election following his conviction or be appointed to a public officer for a period of one year following his conviction.

Any person found guilty of the offense of vote-buying or vote selling shall upon conviction be punished with life imprisonment.