Republic of the Philippine
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House Bill N 7452

Introduced by
Honorable Cristal L. Bagatsing

AN ACT STRENGTHENING THE COMMISSION ON ELECTION,
AMENDING FOR THE PURPOSE PERTINENT PROVISION OF BATAS
PAMBANSA 881, OTHERWISE KNOWN AS THE “OMNIBUS
ELECTION CODE”, AS AMENDED, PROVIDING FUNDS THEREFOR,
AND FOR OTHER PURPOSES.

EXPLANATORY NOTE

The Commission on election (COMELEC) under the 1987 Constitution
shall enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum and recall (Art. IX-C, Sect. 2 (1), 1987
Constitution). The COMELEC also enjoy fiscal autonomy as provided under
Article IX-A, Section 5 where it stated that “Sec. 5. The Commission shall enjoy
fiscal autonomy. Their approved annual appropriations shall be automatically
and regularly released.” As an added measure to ensure the independence of
Comelec. Article IX-C, Section 11 provides that “Sec. 11. Funds certified by the
commission as necessary to defray the expenses for holding regular and special
elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the
regular or special appropriations and, once approved, shall be released
automatically upon certification by the Chairman of the Commission.”


However, Section 55 of the Omnibus Election Code provides otherwise,
where it stated that:

“Sec. 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.”

Hence, therefore, immediate passage of this bill is earnestly sought.

CRISTAL| \GATSING
Rep! itive
5" District , Manila


Republic of the Philippine
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House Bill No. 2452

Introduced by
Honorable Cristal L. Bagatsing

AN ACT STRENGTHENING THE COMMISSION ON ELECTION,
AMENDING FOR THE PURPOSE PERTINENT PROVISION OF BATAS
PAMBANSA 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. 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 State shall

ensure and preserve its integrity and independence by providing suitable space

for its field offices.

Section 2. Section 55, Article VII of B.P. 881 otherwise known as the “Omnibus
Election Code of the Philippines”, as amended, is hereby further amended to read
as follows:
Section 55. Office Space. — [The Local government concemed 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 ON ELECTION SHALL BE THE
ONE TO PROVIDE AN ACCESSIBLE AND SUITABLE PLACE
FOR ITS FIELD OFFICERS AND THEIR STAFF, CHARGEABLE
TOITS YEARLY APPROPRIATIONS.

Section 3. Appropriation. — The initial funding to carry the present act into effect
shall be charged against the current appropriations of the Commission on
Elections. Thereafter, the amount necessary for the continued implementation
and operationalization of the present act shall be included in the General
Appropriations Act.

Section 4. Repealing Clause. — All acts, laws, decrees, executive orders, letters
of instruction 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 selection 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. — The Act shall take effect after fifteen (15) days following
its publication in at least two (2) newspapers of general circulation or in the

Official Gazette.

Approved