REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

~ $74
House Bill No.

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN IIT

EXPLANATORY NOTE

‘The Commission on Elections (COMELEC) is the primary government agency responsible for
the conduct of regular and special elections in the country. Similar to other constitutional
commissions, the COMELEC is an independent and fiscally-autonomous body free from
political interference or influence from the three branches of government. Such organizational
setup makes possible the conduct of free, fair, and honest elections

However, Section 55 of the Omnibus Election Code (Batas Pambansa 881) seems to counteract
‘the supposed independence of the COMELEC. Section 55 makes it incumbent upon the local
government to provide an office space for the provincial supervisor and the election registrar,
including their staff in the respective localities. If it is not feasible, the COMELEC shall take
charge of making the same available and the corresponding rentals shall be paid by the local
government unit concerned.

Ifa conflict arises between the COMELEC and the LGU, the operations of the regional offices
could suffer from any direct action by the LGU which owns or pays for the space of the
COMELEC regional offices. Clearly, the provisions of BP 881 compromise the independence
of COMELEC.

‘As guardians of the ballot, there is a need to strengthen the independence of COMELEC. This
proposed measure delegates the responsibility of providing the needed office space for its field
offices to the COMELEC, without the need for prior approval of the LGU concerned.

In view of the foregoing, immediate passage of this measure is earnestly sought.

MANUEL "ABOCHAN IIL
Representative
Magdalo Para sa Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 5745

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN II

AN ACT
MANDATING THE COMMISSION ON ELECTIONS TO PROVIDE FOR THE
OFFICE SPACES OF ITS FIELD OFFICES, HEREBY REPEALING SECTION 55 OF
BATAS PAMBANSA BLG. 881, OTHERWISE KNOWN AS THE OMNIBUS
ELECTION CODE OF THE PHILIPPINES, AS AMENDED

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

SECTION. 1. This Act shall be known as the “COMELEC Independent Offices Act”.

SEC. 2. Declaration of Policy. — The State recognizes the independence of the
Commission on Elections (COMELEC). Towards this end, the State shall enact measures to
protect COMELEC and its field offices from any undue influence, governmental or otherwise,
that can undermine its independence.

SEC. 3. Mandate to Provide Separate Offices. — The Commission on Elections
(COMELEC) is hereby mandated to provide new suitable office spaces for its field offices
enumerated in Section 53 of Batas Pambansa Blg. 881, as amended, separate from the offices
of the Local Government Units that currently provide office facilities to said field offices.

SEC. 4. Transfer Plan. — Within six (6) months from the effectivity of this Act,
COMELEC shall formulate a transfer plan to transfer of COMELEC field offices from the
Local Government Unit (LGU) — controlled facilities to COMELEC-owned or —leased
facilities. The plan shall provide for a complete transfer of all COMELEC field offices within
five (5) years from the effectivity of this Act.

SEC. 5. Appropriations. — Such amounts as may be necessary to implement this Act
shall be included in the budget of COMELEC in next succeeding General Appropriations Act
following the adoption of the Transfer Plan by the COMELEC En Bane.


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SEC. 6. Repealing Clause. — Section 55 of Batas Pambansa Blg. 881, otherwise known.
as the Omnibus Election Code of the Philippines, as amended, is hereby repealed.

SEC. 7. 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.

SEC. 8. Effectivity. — This Act shall take effect after fifteen (15) days from its
publication in the Official Gazette or in two (2) newspaper of general circulation.

Approved,