Penalties Election Offenses Amor Ursabia Escorial

8/2/2019 Penalties Election Offenses Amor Ursabia Escorial

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PARTIES LIABLEAND PENALTIESFOR ELECTION

OFFENSES


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WHO ARE LIABLE FOR ELECTIONOFFENSES UNDER B.P. BLG. 881?

The principals, accomplices, andaccessories, as defined in the RevisedPenal Code, shall be liable for electionoffenses.

If one responsible be a political party orentity, its president or head, the official andemployees of the same, performing dutiesconnected with the offense committed andits members who may be principals,accomplices, or accessories shall be liable,in addition to the liablity of such party orentity.


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WHAT ARE THE PENALTIES FORTHE ELECTION OFFENSES?

Any person found guilty of any electionoffense under this Code shall be punishedwith imprisonment of NOT LESS THANONE YEAR BUT NOT MORE THAN SIXYEARSand shall not be subject toprobation.

The guilty party shall be sentenced tosuffer DISQUALIFICATION TO HOLDPUBLIC OFFICEand DEPRIVATION OFTHE RIGHT OF SUFFRAGE. (RIGHT TOVOTE)


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If he is a foreigner, he shall be sentencedto DEPORTATIONwhich shall be enforcedafter the prison term has been served.

Any political party found guilty shall besentenced to pay a FINE OF NOT LESSTHAN TEN THOUSAND PESOS(P10,000.00), which shall be imposed upon

such party after criminal action has beeninstituted in which their correspondingofficials have been found guilty.


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In case of prisoner(s) illegally released from anypenitentiary or jail during prohibited period asprovided in section 261 (n) of this Code, thedirector of prisons, provincial warden, keeper of

jail or prison, or persons who are required by lawto keep said prisoner in their custody shall, ifconvicted by a competent court, be sentenced osuffer the penalty of PRISION MAYORin itsmaximum period if the prisoner(s) so illegally

released commit any act of intimidation, terrorismor interference in the election.


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IMPOSABLE PENALTIES UNDERR.A. 6646 AND R.A. 7166.

Penalties imposable in violation of theElectoral Reforms Act of 1987 or R.A.6646 & in Synchronized National and

Local Elections (R.A. 7166) are thepenalties provided for in section 264of the Omnibus Election Code.


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PENALTIES IMPOSABLE UNDER R.A.8189 or VOTERS REGISTRATIION

ACT OF 1996

Any person found guilty of any electionoffense under this Act shall be punishedwith imprisonment of not less than oneyear but not more six years and shallnot be subject to probation.

The guilty party shall be sentenced tosuffer disqualification to hold publicofficeand deprivation of the right ofsuffrage.

If he is a foreigner, he shall be deportedafter the prison term has been served.


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IMPOSABLE PENALTIES UNDERR.A. 8295

Violation of this provisionshall be prosecuted and

penalized in accordancewith the provision of Sec.

264 of the OmnibusElection code.


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Violation of this Act and the rules andregulations of the COMELEC issuedto implement this Act shall be an

election offense punishable underthe first and second paragraphs ofsection 264 of the Omnibus

election Code.


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The penalties imposed under section 264of the Omnibus Election Code, asamended, shall be imposed on any personfound guilty of committing any of theprohibited acts as defined in this section:Provided, that the penalty of PRISIONMAYORin its MINIMUMperiod shall beimposed upon any person found guilty of

section 24.3 hereof without the benefit ofthe operation of Indeterminate SentenceLaw.


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If the offender is a public officer or acandidate, the penalty shall be prisionmayor in its maximum period. The

offender shall be sentenced to sufferperpetual disqualification to holdpublic office and deprivation of the

right to vote.


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Immigrants and permanent residents whodo not resume residence in the Philippinesas stipulated in their affidavit under sec.5(d) within three years after approval of

his/her registration under this Act and yetvote in the next elections contrary to thesaid sec., shall be penalized byimprisonment of not less than one year,and shall be deemed disqualified as

provided in sec. 5(c) of this Act. His/herpassport shall be stamped not allowedto vote.


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Any person convicted for violation of thisAct, except those convicted of the crime ofelectoral sabotage, shall be penalized with

imprisonment of eight years and one dayto twelve years without possibility ofparole, and perpetual disqualification tohold public office and deprivation of the

right of suffrage. The offender shall beperpetually disqualified to hold any non-elective public office.


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IMPOSABLE PENALTY FORELECTORAL SABOTAGE

Penalty to be imposed shall be LIFEIMPRISONMENT. Any and all eitherpersons or individuals determined to

be in conspiracy or in connivance withthe members of the BEIs or BOCsinvoled, shall be meted the same

penalty of life imprisonment.

Penalties Election Offenses Amor Ursabia Escorial

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