Republic of the Philippines
HOUSEOF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5190

HOUSE BILL NO.

INTRODUCED BY HONORABLE CHERYL DELOSO-MONTALLA

AN ACT
REORGANIZING THE OFFICES OF THE COMMISSIO!

IN ELECTIONS

EXPLANATORY NOTE

The Commission on Elections (COMELEC) was created by the Constitution to enforce
and administer all laws and promulgate policies, rules and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall (Article IX, 1987 Philippine Constitution),
To fulfill its mandate, the COMELEC delegates its powers and functions or directs the
implementation or enforcement of its orders, rulings, or decisions through the heads of its field
offices.!

The field personnel of the COMELEC is composed of Regional Election Offices, headed
by the Regional Election Directors (RED) and assisted by the Assistant Regional Directors. Within
a region, there are Provincial Election Offices, headed by the Provincial Election Supervisors
(PES). Each municipality or city in a province, is headed by an Election Officer (EO) (B.P. 881).?

Peculiar to the National Capital Region (NCR) is the absence of a Provincial Election
Supervisor position. Consequently, the EOs directly report to the RED (Section 53, B.P. 881). The
rank of an EO varies depending on the class of the municipality or city and on the number of
registered voters within the EO’s area of jurisdiction. In addition, the Omnibus Election Code
provides that only members of the Philippine Bar can be appointed as EO in cities especially in
the NCR (Section 54, B.P. 881).>

The salary regime of COMELEC employees is based on a 1982 issuance. While the other
constitutional bodies regularly readjust the salary schemes of their employees to make them
adaptable to the ever increasing cost of living, COMELEC employees to date wallow in misery
‘over the measly sum that they take home resulting from the meager appropriation that is set aside
for their salaries and wages. This fact puts COMELEC employees at a disadvantage vis-d-vis their
counterparts in the executive department.

It is ironic that the COMELEC, a constitutional body that is tasked to take charge of one
of the tenets of our democratic processes, suffers from the seeming lack of equal protection as the
principle of “equal pay for equal work” is not felt by its employees.

+ position paper on the reclassification of Election Officers in the National Capital Region. October 8, 2019.
Ibid.
Ibid.


In the light of this, it is imperative to revisit and reclassify the position and/or salary of
COMELEC employees. Premised on a number of factors, this bill posits a timely reclassification
COMELEC employees. /

Immediate passage of this bill is earnestly sought.

CHERYL DELOSO MONTALLA
Representative
2™ District, Zambales


Republic of the Philippines
HOUSEOF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5190

INTRODUCED BY HONORABLE CHERYL DELOSO-MONTALLA

AN ACT
REORGANIZING THE OFFICES OF THE COMMISSION ON ELECTIONS

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

SECTION 1. Short Title.— This Act shall be known as“The COMELEC Reorganization
Act.”

SECTION 2. Declaration of Policy. - In accordance with the equal protection clause of the
Constitution, it is the State’s responsibility to provide adequate and appropriate remuneration to
‘employees with the ultimate goal of achieving equal pay for equal work in government service.

SECTION 3. Field Offices. - The Commission shall have the following field offices:

(1) __ Regional Election Office, headed by the Regional Election Directorand assistedby
the Assistant Regional Election Director, Regional Election Attorney with the Rank of Attomey V,
Human Resource Management Officer, Budget Officer, Finance Officer, Assistant Election
Specialist, Stenographic reporter III, Process Server, Watchman Officer, Administrative Aide, ORED
Driver and any such other subordinate officers or employees necessary in the exigency of service for
the said office.

(2) __ Provincial Election Office, headed by the Provincial Election Director similar to
the rank of Director II regardless of the number of registered voters, Computer Maintenance
Technologist/Specialist (CMT/CMS) with SG-24, Assistant Election Specialist, Administrative
Aide, OPES Driver and any such other subordinate officers or employees necessary in the exigency
of service for the said office.

(3) TheNational Capital Region shall be divided into five (5) administrative districts,
suchas North, South, East, Central and Manila District, or such number of administrativedistrictsas
may be determined by the Commission. It shall be headed and administratively supervised by a
District Election Director with the rank of Director II, Computer Maintenance Technologist/Specialist
(CMT/CMS) with SG-24, Administrative Assistant V, Administrative Aide, Driver and any such
other subordinate officers or employees necessary in the exigency of service for the said office.

(4) City/Municipal Office, headed by City/Municipal Election Specialist with the rank of
Director I regardless of his or her place of assignment.

(5) There shall be a minimum of two Assistant Election Specialists (AES) with SG-
21 in every city or municipality provided that for every additional 20,000 voters from 50,000
voters, additional AES shall be automatically appointed.

The Commission may delegate its powers and functions or order the implementation or
enforcement of its orders, rulings, or decisions through the heads of field offices.


SECTION 4. Reclassification and Upgrading of Plantilla Positions in the COMELEC
Main and Field Offices. - All the remaining rank and file plantilla positions in the COMELEC
main and field offices shall be reclassified and their salaries upgraded accordingly by the
Commission on Elections.

Inno case shall diminution of salaries and benefits be caused to any employee.

SECTION 5. Rules and Regulations. - Within ninety (90) days after the effectivity of this
Act, the Department of Budget and Management and the Commission on Elections shall
promulgate the rules and regulations necessary to implement the provisions of this Act.

SECTION 6. Appropriations. - The amount necessary for the initial implementation of this
Act shall be charged against the current fiscal year’s appropriations under the budget of the
COMELEC. Thereafter, such sums as may be necessary for the continued implementation of this
Act shall be included in the annual General Appropriations Act.

SECTION 7. Separability Clause. - If any provision of this Act is held
unconstitutional, all other provisions not affected thereby shall continue to be in full force and
effect.

SECTION 8. Repealing Clause. - All laws, executive orders, presidential decrees,
presidential proclamations, rules and regulations, and other issuances or parts thereof inconsistent
with this Act are hereby repealed or modified accordingly.

SECTION 9. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or one (1) newspaper of general circulation

Approved,