Republic of the Phitippines
House of |
Quezon City,,Metro Manila
Nineteenth Congress
First Regular Session
HOUSE BILL NO. 7221

Introduced. by Rep. Anthony R.T. Golez Jr. MD, MBAH
EXPLANATORY NOTE

This representation is supportive of the aim of the current leadership of the
House of Representatives in improving the electoral system of the country. The
right to vote is a very important part of a country. There is a strong need to
continuously promote and improve our elections to protect and uphold the right
to vote of Filipinos.

The proposed law herein secks to further strengthen the Commission on
Elections (COMELEC) by increasing its manpower and appropriating office
spaces for its operations in different jurisdictions. When approved, the bill herein
will provide COMELEC work spaces, which are separate and distinct from local
government units. The proposed law will also provide COMELEC the much-
needed and long-awaited increase in manpower. It is believed that the
independence and integrity of COMELEC and elections will be promoted with the
approval of the bill herein. Improving the working conditions in COMELEC, thru
having sufficient manpower and office spaces of their own, is seen as a giant step
in upholding the right to suffrage of Filipinos.

The need for promoting the right to vote cannot be overemphasized, as the
right to vote goes to the very core of being civilized and free. It affords each
Filipino to help every Filipino to improve the country and the individual citizen,
thru the election of the right and deserving leaders. Nelson Mandela's words
elucidates this fact when he said that: “To be free is not merely to cast off one’s
own chains but to live in a way that respects and enhances the freedom of others.”

For the Filipino people, approval of the proposed law herein is earnestly
being sought.

HON. ANTHONY 8-1 GOLEZ JR. MD, MBAH
‘Malasakit@Bayanihan Partylist


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila
Nineteenth Congress

First Regular Session
HOUSE BILL NO. 7221

Introduced by Rep. Anthony R.T. Golez Jr. MD, MBAH

AN ACT IMPROVING THE COMMISSION ON ELECTIONS BY
INCREASING
THE MANPOWER COMPLEMENT IN ITS FIELD OFFICES, PROVIDING
OFFICE SPACES SEPARATE AND INDEPENDENT FROM LOCAL
GOVERNMENT
UNITS, AND APPROPRIATING FUNDS, AMENDING FOR THE PURPOSE
BATAS PAMBANSA BLG. 881, AMENDED, OTHERWISE KNOWN AS THE
“OMNIBUS ELECTION CODE OF THE PHILIPPINES."

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

SECTION 1. Statement of Policy. - The State hereby affirms and recognizes the
independence of the Commission on Elections (COMELEC) as guaranteed under
Article IX, Part A, Section 1 of the 1987 Constitution. As such, the Commission
shall ensure and preserve its integrity and independence by increasing the
workforce complement in its field offices and providing office spaces separate and
independent from local government units.

SECTION 2. Section 53, Article VIL, of B.P. 881, otherwise known as the "Omnibus
Election Code of the Philippines," as amended, is hereby amended to read as
follows:

"Section 53. Field offices of the Commission. - The Commission shall have
the following field offices:

(1) RegionalElectionOffice headedbytheRegionalElectionDirectorandassis
ted by the Assistant Regional Director and such other subordinate
officers or employees as the Commission may appoint{.], IN
ACCORDANCE WITH THE ORGANIZATION, STAFFING,
POSITION CLASSIFICATION, AND COMPENSATION
STANDARDS.


(2) [Provincial Election Office, headed by the Provincial Election
Supervisor and assisted by such other subordinate officers or
employees as the Commission may appoint] PROVINCIAL
ELECTION OFFICE, HEADED BY THE PROVINCIAL ELECTION
SUPERVISOR FOR EACH PROVINCE. EACH PROVINCIAL
ELECTION SUPERVISOR SHALL BE ASSISTED By AT LEAST
ONE (1) ELECTION ASSISTANT AND SUCH NUMBER OF
ASSISTANTS AND SUBORDINATE OFFICERS OR EMPLOYEES
AS THE COMMISSION MAY APPOINT, IN ACCORDANCE WITH
THE ORGANIZATION, STAFFING, POSITION
CLASSIFICATION AND COMPENSATION STANDARDS. A
PROVINCIAL ELECTION SUPERVISOR IS AUTHORIZED TO
HIRE CONTRACTUAL PERSONNEL TO PERFORM
ADMINISTRATIVE OR CLERICAL WORKS FOR THE
EXPEDIENCY OF SERVICE AND IN ACCORDANCE WITH CIVIL
SERVICE LAWS.

(3) [City/Municipal Election Office, headed by the City/Municipal
Registrar who shall be assisted by an election clerk and such other
employees as the Commission may appoint]. CITY, MUNICIPAL, OR
ELECTORAL DISTRICT ELECTION OFFICE, HEADED BY THE
CITY, MUNICIPAL OR ELECTORAL DISTRICT ELECTION
OFFICER FOR EACH CITY, MUNICIPALITY OR ELECTORAL
DISTRICT. THE CITY, MUNICIPAL, OR ELECTORAL DISTRICT
ELECTION OFFICER SHALL BE ASSISTED BY AT LEAST ONE (1)
ELECTION ASSISTANT AND SUCH NUMBER OF ASSISTANTS
AND SUBORDINATE OFFICERS OR EMPLOYEES AS THE
COMMISSION MAY APPOINT IN ACCORDANCE WITH THE
ORGANIZATION, STAFFING, POSITION CLASSIFICATION
AND COMPENSATION STANDARDS. AN ELECTION OFFICER
IS AUTHORIZED TO HIRE CONTRACTUAL PERSONNEL TO
PERFORM ADMINISTRATIVE. OR CLERICAL WORK FOR THE
EXPEDIENCY OF SERVICE AND IN ACCORDANCE WITH THE
CIVIL SERVICE LAWS.

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


SECTION 3. New sections denominated as Sections 53-A and 53-a are hereby
inserted after Section 53 of the same Act to read as follows:

"SECTION 53-A. AUTOMATIC CREATION OF POSITIONS OF
ELECTION OFFICERS AND ELECTION ASSISTANTS. - IF A NEW
CITY, MUNICIPALITY OR ELECTORAL DISTRICT IS CREATED,
THE POSITIONS OF ELECTION OFFICER AND ELECTION
ASSISTANTS ARE AUTOMATICALLY CREATED, IN
ACCORDANCE WITH THE ORGANIZATION, STAFFING,
POSITION CLASSIFICATION AND COMPENSATION
STANDARDS AND SUBJECT TO THE SUBMISSION TO THE
DEPARTMENT OF BUDGET AND MANAGEMENT (DBM) OF A.
RESOLUTION STATING THE CHANGES IN THE
ORGANIZATION AND STAFFING. THERE MUST BE ONE (1)
ELECTION ASSISTANT FOR EVERY TWENTY THOUSAND
(20,000) REGISTERED VOTERS.

SECTION 53-8. ASSIGNMENT IN FIELD OFFICE. - NO OTHER
PERSONNEL, EXCEPT THOSE MENTIONED IN SECTION 53 OF
THIS ACT OR EXPRESSLY AUTHORIZED BY LAW, MAY BE
ASSIGNED, DESIGNATED OR DETAILED AT ANY FIELD
OFFICE OF THE COMMISSION. ANY PERSONNEL
PERFORMING ADMINISTRATIVE OR CLERICAL WORK MAY
ONLY BE HIRED BY THE HEAD OF THE FIELD OFFICE.
VIOLATION OF THIS PROVISION CONSTITUTES AN
ELECTION OFFENSE."

SECTION 4. Section 55 of the same Act is hereby amended to read as follows:

"Section 55. Office space. - [The local government concerned shall
provide a suitable place for the office of the provincial election
supervisor and his staff and the election registrar and his staff:
Provided, That in case of failure of the local government concerned to
provide such suitable place, the provincial election supervisor or the
election registrar, as the case may be upon prior authority of the
Commission and notice to the local government concerned, may lease
another place for office and the rentals thereof shall be chargeable to
the funds of the local government concerned.] THE COMMISSION
SHALL PROVIDE SEPARATE AND INDEPENDENT OFFICE
SPACES FOR ITS FIELD OFFICES, THE COST OF WHICH SHALL
BE CHARGED TO ITS YEARLY APPROPRIATIONS."

SECTION 5. Appropriation. - The initial amount for the implementation of this
Act shall be charged against the current available appropriations of the


Commission. Thereafter, the funding of which shall be included in the annual
General Appropriations Act.

SECTION 6. Transfer of Field Offices. -Within one (1) year from the effectivity
of this Act, the Commission shall formulate a plan to transfer its field offices
from the facilities of local government units to the facilities owned or leased
by the Commission. The plan shall provide for a complete transfer of all field
offices of the Commission within five (5) years from the effectivity of this Act.

SECTION 7. Implementing Rules and Regulation. - Within ninety (90) days from
the effectivity of this Act, the Chairperson of the Commission shall, in
coordination with the Secretary of the Interior and Local Government and the
Secretary of Budget and Management, promulgate the rules and regulations
implementing the provision of this Act.

SECTION 8. Separability Clause. If any portion or provision of this Act is
declared unconstitutional, the remainder of this Act or any provision not
affected thereby shall remain in force and effect.

SECTION 9. Repealing Clause. - All other laws, acts, presidential decrees,
executive orders, issuances, presidential proclamations, rules and regulations
or parts thereof, which are contrary to and inconsistent with any provision of
this Act, are hereby repealed, amended, or modified accordingly.

SECTION 10. Effectivity. -This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,