Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. eens

Introduced by CIBAC Party-List Representatives
Eduardo “Bro. Eddie” C. Villanueva and Domingo C. Rivera

AN ACT AMENDING SECTION 55 OF BATAS PAMBANSA BLG. 881,
OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE, AS
AMENDED, PROVIDING FUNDS THEREFOR,

AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The Commission on Elections ("Commission") is constitutionally mandated to
“administer and enforce all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall,"' as well as to assume “exclusive original
jurisdiction over all contests relating to the elections, returns, and qualifications of all
elective regional, provincial, and city officials, and appellate jurisdiction over all
contests involving elective municipal officials decided by trial courts of general
jurisdiction, or involving elective barangay officials decided by trial courts of limited
jurisdiction.”"2

As a constitutional organ entrusted with the gargantuan task of implementing
election laws, the Commission is likewise duty laden to supervise the conduct of all
elections in the Philippines and ensure that the same is free, orderly, honest, peaceful,
and credible. The attainment of this objective is crucial in order to ensure the
preservation of the sanctity of the right of suffrage and the electoral process — both
fundamental stronghold of a democracy like ours.

1 1987 Constitution, Article IX-C, Section 2(1).
2 Section 2(2),


So critical indeed are the tasks entrusted to the Commission that the 1987
Constitution saw it fit to vest upon the Commission a significant degree of
independence and further ordained its fiscal autonomy to allow it to fulfill its core
functions unhampered and without undue interference from external factors.

This constitutional design of independence and autonomy however may seem
to have been enfeebled by the existing Section 55 of the Omnibus Election Code,
which leaves to local governments the provision of office spaces for the provincial
election supervisors and the election officers. This opens an opportunity for elective
Officials, not only to exert undue influence and pressure upon the Commission's front-
liner field officials, but worst, to harass them by depriving them or giving them
substandard institutional support. This possibility must be curbed and totally
eradicated, if only for the Commission to be truly independent in the sense intended
by the Constitution.

Thus, the said Section 55 must be amended to be consistent with and to be
truly reflective of the constitutional independence that is due to the Commission. The
power and duty to provide office spaces for election officers and provincial election
‘supervisors must be removed from the hands of the local governments and must be
returned to the Commission.

The immediate passage of this bill is earnestly sought.

ate.

HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

6026

House Bill No.

Introduced by CIBAC Party-List Representatives
Eduardo “Bro. Eddie” C. Villanueva and Domingo C. Rivera

AN ACT AMENDING SECTION 55 OF BATAS PAMBANSA BLG. 881,
OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE, AS
AMENDED, PROVIDING FUNDS THEREFOR,

AND FOR OTHER PURPOSES.

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

SECTION 1. Section 55 of the Omnibus Election Code of the Philippines, as
amended, 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 AN ACCESSIBLE
AND SUITABLE PLACE FOR ITS FIELD OFFICERS AND THEIR STAFF,
CHARGEABLE TO THE YEARLY APPROPRIATIONS OF THE
COMMISSION."

SECTION 2. Appropriation. — The initial appropriation to carry out the provisions of
this Act shall be charged against the current appropriations of the Commission on


Elections. Thereafter, the amount necessary for the continued implementation of this
Act shall be included in the annual General Appropriations Act.

SECTION 3. Implementing Rules and Regulations. - Within sixty (60) days from
the effectivity of this Act, the Commission on Elections, in consultation with relevant
stakeholders, shall promulgate the implementing rules and regulations to effectively
carry out the provisions of this Act.

SECTION 4. Repealing Clause. — All acts, laws, decrees, executive orders, letters of
instructions and regulations or any part thereof which are inconsistent with any
provision of this Act are hereby repealed and/or modified accordingly.

SECTION 5. Separability Clause. - If for any reason, any section or provision of this
Act is declared to be unconstitutional or invalid, the other sections or provisions of this
Act which are not affected shall continue in full force and effect.

SECTION 6. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,