Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City
NINETEENTH CONGRESS
Second Regular Session
HOUSE BILL NO. __________
Introduced by 4Ps Partylist Representative
JC M. ABALOS
EXPLANATORY NOTE
The Commission on Elections (COMELEC) holds a central and pivotal role in
ensuring the integrity and fairness of electoral processes. Established as a constitutional
body, COMELEC is entrusted with the solemn duty of overseeing elections, plebiscites,
initiatives, referendums, and recalls, among other crucial aspects of the electoral system.
This constitutional recognition of COMELEC's significance is firmly articulated in the
1987 Constitution, which underscores its independence.
As the primary governmental entity responsible for preserving the integrity of
regular and special elections, COMELEC operates autonomously, free from external
political influence or interference from the three branches of government. However, the
constitutional guarantee of autonomy has encountered a challenge embodied in Section
55 of the Omnibus Election Code. This section imposes a mandate on local government
units (LGUs) to provide suitable office spaces for COMELEC's provincial election
supervisors and election registrars. This provision, though well-intentioned, seemingly
runs counter to COMELEC's character as an independent constitutional commission,
particularly in light of Article IX-A, Section 5 of the Constitution, which grants fiscal
autonomy to COMELEC.
September 27, 2023
6:54 pm
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This proposed legislation is driven to empower COMELEC and align its
operational framework with the constitutional mandate of independence. It aims to
reinforce COMELEC's independence by facilitating the acquisition of separate office
spaces, independent of LGUs, and allocating the necessary funds from the national
government's annual budget. This proposed amendment seeks to rectify the current
limitation within the Omnibus Election Code, which restricts office space provision to
LGUs. The COMELEC would have the authority to secure its office spaces and employ
its personnel, thereby further enhancing its autonomy and independence. With the goal
of equipping COMELEC with the requisite infrastructure and staffing to conduct
elections, this legislation strengthens the bedrock of Philippine democracy.
In view of the foregoing, immediate passage of this bill is earnestly sought.
JC M. ABALOS
Representative
4Ps Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City
NINETEENTH CONGRESS
Second Regular Session
HOUSE BILL NO.__________
Introduced by 4Ps Partylist Representative
JC M. ABALOS
AN ACT
STRENGTHENING 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 THEREFOR AMENDING FOR THE PURPOSE
BATAS PAMBANSA BLG. 881, OTHERWISE KNOWN AS THE "OMNIBUS
ELECTION CODE OF THE PHILIPPINES", AS AMENDED
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. The State hereby affirms and recognizes the independence of the Commission on
Elections as guaranteed under Article IX, Part A, Section 1 of the Constitution. As such, the
Commission shall ensure and preserve its integrity and independence by increasing the
manpower complement in its field offices, and providing office spaces separate and independent
from local government units.
SEC. 2. Section 53 of Batas Pambansa Blg. 881, as amended, is hereby amended to read as
follows:
“Section 53.
Field offices of the Commission. - The Commission shall have the
following field offices:
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(1) Regional Election Office[,] WHICH SHALL EACH BE headed by the Regional
Election Director and assisted by the Assistant Regional Director and such other
subordinate
officers
or
employees
as
the
Commission
may
appoint[.]
IN
ACCORDANCE WITH THE EXISTING COMPENSATION AND POSITION
CLASSIFICATION
SYSTEM
AND
CIVIL
SERVICE
RULES
AND
REGULATIONS.
(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 WHICH SHALL EACH BE HEADED BY
THE
PROVINCIAL
ELECTION
SUPERVISOR.
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 EXISTING COMPENSATION AND
POSITION CLASSIFICATION SYSTEM AND CIVIL SERVICE RULES AND
REGULATIONS.
A
PROVINCIAL
ELECTION
SUPERVISOR
SHALL BE
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 other employees as the Commission may appoint]
CITY,
MUNICIPAL,
AND
ELECTORAL DISTRICT ELECTION OFFICE,
WHICH
SHALL
EACH
BE
HEADED
BY
A
CITY,
MUNICIPAL,
AND
ELECTORAL DISTRICT ELECTION OFFICER, RESPECTIVELY. THE CITY,
MUNICIPAL, AND ELECTORAL DISTRICT ELECTION OFFICER SHALL
EACH 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 EXISTING COMPENSATION AND POSITION CLASSIFICATION
SYSTEM AND CIVIL SERVICE RULES AND REGULATIONS. AN ELECTION
OFFICER IS AUTHORIZED TO HIRE CONTRACTUAL PERSONNEL TO
PERFORM ADMINISTRATIVE OR CLERICAL WORK IN THE EXIGENCY
OF THE SERVICE AND IN ACCORDANCE WITH 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.


SEC. 3. New sections to be denominated as Sections 53-A and 53-B 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 SHALL BE AUTOMATICALLY
CREATED, IN ACCORDANCE WITH THE EXISTING COMPENSATION AND
POSITION CLASSIFICATION SYSTEM, AND COMPENSATION STANDARDS
AND SUBJECT TO THE SUBMISSION TO THE DEPARTMENT OF BUDGET
AND MANAGEMENT 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.”
SEC. 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 OFFICE SPACES FOR ITS FIELD OFFICES SEPARATE
AND INDEPENDENT FROM LOCAL GOVERNMENT UNITS, THE COST OF
WHICH SHALL BE CHARGED TO ITS YEARLY APPROPRIATIONS.”
SEC. 5. The initial amount for the implementation of this Act shall be charged against the
current available appropriations of the Commission. Thereafter, the funding necessary for its
continued implementation of which shall be included in the annual General Appropriations Act.
SEC. 6. 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.
SEC. 7. 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 to implement the
provisions of this Act.
SEC. 8. 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.


SEC. 9. 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.
SEC. 10. This Act shall take effect fifteen (15) days after its publication in the Official Gazette
or in a newspaper of general circulation.
Approved,