REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY
NINIITTiEr`ITTI CoNGRESS
First Regular Session
House'is`in^in.  5 2 4 4
"E:4
FrNI..ft
Introduced by Representative CAMIIA.E A. VIIIAR
ANACTSTRENGTIIIININGTIIECOMMISSI0NONELECITONSBY
INCREASINGTREMANpOwERcoMpl.EMENTINusFIELDOrmcEs,
PROVIDING0FFICESPACESSEPARATEANDINDEPENDENTFROM
LOcALGOvERNMIINTuNlrs,ANDAppROpRIAINGFUNDs
THEREFOR,AMENI>INGFORnlEpuRrosEBATAspAMBAVsABLG.
881, As AMENDED, oHIERwlsE KNowN As Try "an4pVIBus
EI.Ec:IION coliE OF THE pHILlppINrs"
EXPI+ANATORYNOTE
A  similar  bill  has  passed  the  House  Of  Representatives  during  the  i8th
Congress under House Bill No. 9785. This 19th Congress, a number Of bills of the
samesubjectmatterhavebeenfiledbyesteemedcollcagues,andrightlyso.
The  Commission  on  Elections  (COMELEC)  is  one  Of  the  Constitutional
Commissions that was  ordained to be independent.  Being the only and primary
govemmentageneyrespousiblefortheconductOfregularandspecialelectionsinthe
country,  the  independence  and  integrity  Of the  COMELEC  should  and  must  be
safeguarded at all times.
This  bill  will  amend,  among  other  relevant  provisions,  Section  55  of the
Omnibus Election Code that enjoins local government units to provide a stol.fa6Je
p_l^a^c:e^f_a_T_th_e_3ffi=c~e_3if_fh!he_prouind.a!elech`oir;sxperuisoFqii-hi;-stE;£i:i;iiti;e~ir:cui=n
regi.strarandfrissra#.Thisprovision,whilecommendable,clear.lycompromisesthe
independenceandconstitutionallyguaranteedfiscalautonomyOftheCOMELECby
subjecting it to rely profoundly on local government units for institutional, funding
and manpower support.
Through this bill, we can ensure and preserve the independence and integrity
of the COMEREC by increasing the manpower complement in its field offices and
providingofficespacesseparateandindependentfromlocalgovemmentunits.
Iamhonoredtofi]ethisbfl]andseekitsimmediatepassage.
Oo~c«rfuch
CAMIILE A. VIIAAR


REPUBLIC OF THII PHILIPPINES
HOUSE 0F REPRESIINTATTVES
QUEZON clrv
NINETEEr`ITH CoNGREsS
First Regular Session
House i3in^No.  52 4 4
Introduced by Representative CAMILLE A. VILI.AR
ANACTSTREN.GTIIIINING'IHECOMMISSIONONELECIIONSBY
INCREASINGTHEMANpoNIRcoMPREMENIINusHELDOFHcrs,
PROVIDINGOFFICESPACESSEPARAThAN.I)INDEPENDENTFROM
LOcALGovERNMENTuNlrs,ANDAppROpRIAHNGFUNDs
THEREFOR,An4ENDINGF0RTIIEpURpoSEBATAspAMRANSABLG.
881, AS AMENDED, o'HIERWISE KNoWN AS TTm "oJunv]rBus
EIEc:IION CoDE oF THE pHIInpINES"
BeitenactedbythesenateandHouse3I_Pp.r.esgnlativesoftheThilippinesincongress
assembled:
Section   1.   Sfafem€ut  of  ?oZz.ey.   -   The   State  hereby   alfrlus   and   recognizes   the
independenceoftheCommissiononElectious(COMELEC)asguaranteedunderihicleIX,
Part A,  Section  1  of the  1987  Constitution.  As  such,  the  Commission  shat  ensure  and
preserveitsintegrityandindependencebyincreasingthemanpowercomplementinitsfield
officesandprovidingofficespacesseparateandindependentfromlocalgovemmentunits.
Section 2. Section 53, Article VII, of B.P. 881, otherwise known as the "Omnibus Election
CodeofthePhflippines",asamended,isherebyamendedtoreadasfollows:
"Section 53. Field offices of the Commission. -The Commission shall have the
following field offices:
(1)RegionalElectionOffice,headedbytheRegionalFlectionDirectorandassistedby
the Assistant Regional Director and such other subordinate officers or employees as
the     Commission     may     appoint[.I,     IN    ACCORDANCE     WITH[     THE
ORGANIZATION,    STAFHNG,    POSITION    CIASSIHCATI0N,    AND
COMPENSAHON STANIIARDS.
(2)   [Provincial   Election   Office,   headed  by  the   Provincial   Election
Supervisor and assisted by such other subordinate officers or employees
as   the   Commission   may   appoint.]    PRI}VINCIAL   ELEC'ITON
OFFlcE,    HEADED    By    THE    pRIrvlNclAI.    EIIICTION
SUPERVISOR  FOR  EACH  PRI}VINCE.  EACH  PROVINCIAL
ELECTION SUPERVISOR SIIAEL BE ASSISTED BY AT LEAST
ONE  (1)  ELEonoN  AsslsTANT  ANI>  sucH  NUMBER  OF
AsslsTANrs      AND      suBORDINATh      OFHCERs      OR


EMPLOYEES   AS   TH13   COMMISSION   MAY  APPOINT,   IN
ACCORDANCE   WITTI   THE   ORGANIZAHON,   STAFENG,
POSITION       CIASSIRICAHON      AND       COMPENSAHON
STANDARDS.  A  PRI}VINCIAL  EIHCTION  SUPERVISOR  IS
AUTIIORlzED  To  HIRE  Cor`rmAcruAL  pERsoNNEL  To
PERFORM ADMINlsTRATrvE oR   cllERICAI. wORKs  FOR
THE EXPEDIIINCY OF SERVICE AND IN ACCORDANCE WITH
CIVIL SERVICE IAWS.
(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 0R
ELECTORAL DISTRICT ELECITON OFFICE, I-ED BY THE
clTy,  MunclpAL  OR  EIHcroRAL  DlsTR][cT  EmcTION
OFFICER FOR EACH CITY, MUNIclpALrlv oR ELECTORAI.
DISTRICT.     THE    CITY;     MUNICIPAL    0R    ELECTORAL
DISTRICT IELECTION OFHCER SIIALL BE ASSIS"D BY AT
LEAST ORE (1) ELEorloN AsslsTANT ANI> sucH NUMBER
OF    AsslsTANrs    AND    SUBORDINATE    oRECERs    OR
EMPLOYEES   AS   TIRE   COMNISSION   MAY   APPOINT   IN
ACCORDANCE   WITH   HIE   OREANIZAHON,   STAFFING,
POSIHON       CI,ASSIFICAHON      AND       COMPENSAHON
STANDARDS. AN ELECHON 0FHCER IS AUTHORIZED T0
HIRE      cONTRAcruAL      pERsoNNEL      TO      PERFORM
ADMINISTRATIVE     OR     CLERICAL    WORE    FOR    THE
EXPEDIENCY0FSERVICEANDINACCORDANCEWITHTIIE
CIVIL SERVICE IAWS.
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 to be denominated as Sections 53-A and 53~8 are hereby inserted
after Section 53 of the same Act to read as follows:
"SECHON   53-A.   AUTOMATIC   CREATION   0F   POSITIONS   0F
EI.ECHON  OFFlcErs AND  EREc'ITON AsslsTANrs.  -  IF A NEw
clTy, MUNIclpAIITy oR ELECTOEL DlsTRIor Is CRRATED, THE
POSITIONS OF ELEOuON OFFICER AND ELECII0N ASSISTANTS
ARE  AUTOMATICAELY  CREATED,  IN  ACCORDANCE  WITH  THE
ORGANIZATION,   STAFFING,   POSITION   CIASSIFICIATI0N   AND
COMPIINSATION STANDARDS AND SUBJECT TO THE SUBMISSION
TO "E DEPARTMENT OF BUDGET AND MANAGEMENT (DBM) OF
A RESOLUTION STATING THE CIIANGES IN THE ORGANIZATION
ANI> STAFFING. ThmRE MusT BE ONE (1) EIIEclTON AsslsTANI'
FOREVERYTWIINTYTHOUSAND(2o,ooo)REGISTEREI)VOTERS.
SEorloN  53-8.  ASSIGr`mmNT  IN  FmLD  oFFlcE.  -  No  OTHER
pERsONNEL,  ExcEFT TIIOsE  MENHONED  IN  sEorloN  53-  oF
THls  Aor  OR  ExpREssLy  Au"ORlzED  By  IAw,  MAT  BE
ASSIGNED, DEslGNATED oR DETAmD AT ANY FT]Eun oFFlcE oF
THE        COMMISSION.        ANY       PERSONNEL        PERFORMING
ADMINISTRATIVE OR CLERICAL WORK MAY 0NIY BE HIRE). BY


THE   HEAD   OF   THE   FIEID   OFFICE.   VIOIAHON   OF   THIS
PROVISION CONSHTUTES AN ELEC.II0N 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 falure 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  Commssion  and  notice  to  the  local  government  concerned,  may  lease
anotherplaceforofficeandtherentalsthereofshallbechargeabletothefundsof
the local government concerned.]  TIIE COMMISSION SHAI[JL PROVIDE
SEPARATE AID IrmEPENDIINT OFHCE SpAcrs FOR rrs FIELD
oFFlcEs,  THE  cosT  oF wlncH  SIIAn  BE  CHARGED  ro  Irs
YEARILYAPPROPRIAHONS."
Section 5. The initial amount for the implementation Of this Act shall be charged against
the curent avaflable appl.opriatious of the Commission. Thereafter, the finding Of which
shallbeincludedintheannualGeneralAppropriationsAct.
Section  6.  Within  one  (1)  year  from  the  effectivity  of this  Act,  the  Commission  shall
formulateaplantotransferitsfieldofficesfromthefacilitiesoflocalgoverrmentunitstothe
facilitiesounedorleasedbytheCommission.Theplanshallpl.ovideforacompletetransfer
ofallfieldofficesOftheCommissionwithinfive(5)yearsfromtheeffectivityofthisAct.
Section 7. Within ninety (9o) days from the effectivity of this Act, the Chairperson of the
Commission shall, in coordination with the Secretary of the Interior and Ijocal Government
and  the  Secretary  of  Budget  and  Management,  promulgate  the  rules  and  regulations
implementingtheprovisionOfthisAct.
Sections.IfanyportionorprovisionofthisActisdeclaredunconstitutional,theremainder
ofthisActoranyprovisionnotaffectedtherebyshallremaininforceandeffect.
Section   9.   AIl   other   laws,   acts,   presidential   decrees,   executive   orders,   issuances,
presidentialproclamations,rqesandregulationsorpartsthereof,whicharecontrarytoand
inconsistent  with  any provIsion  of this  Act,  are  hereby repealed,  amended  or  modified
accordingly.
Section lo. This Act shall take effect fifteen {15) days after its publication in the O#cl-az
Gaze#e or in a newspaper of general circulation.
Approved,