PRE,
Republic of the Philippines Fare “oS

HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

4239

HOUSE BILL NO.

Introduced by: REP. JULIET MARIE DE LEON FERRER

EXPLANATORY NOTE

Batas Blg 881or the Omnibus Election Code (as amended) was passed on
December 1985 and some of its provisions are no longer responsive to the actual need
and responsibility of the Commission on Elections (COMELEC) particularly in the
deployment of election personnel and location of COMELEC field offices.

Thus, the proposed bill seeks to introduce amendments to the following:

SECTION 53. Field offices of the Commission. — The Commission shall have

the following field offices:

(1) Regional Election Office, 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.

(2) Provincial Election Office, headed by the Provincial Election
Supervisor and assisted by such other subordinate officers or
employees as the Commission may appoint.

(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.


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. (Sec. 76, 1978
EC, as amended by PD 1655) |

‘The proposed amendments of transferring all existing field COMELEC offices
from the local government unit-owned facilities to offices owned by Commission on
Elections and hiring more personnel are the means to freely fulfill the mandate of the
Commission to achieve a free, orderly and honest election.

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

ATTY. JULI DE LEON FERRER


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

Sn 4239

HOUSE BILL NO.

Introduced by: REP. JULIET MARIE DE LEON FERRER

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, AS
AMENDED, OTHERWISE KNOWN AS THE "OMNIBUS ELECTION CODE OF
THE PHILIPPINES"

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:


(1) Regional Election Office, 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 ORGANIZATION, STAFFING, POSITION
CLASSIFICATION AND COMPENSATION STANDARDS.

@) [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, HEADED BY
THE PROVINCIAL ELECTION SUPERVISOR FOR EACH PROVINCE.
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
ORGANIZATION, STAFFING, POSITION CLASSIFICATION AND
COMPENSATION STANDARDS. A PROVINCIAL ELECTION
SUPERVISOR IS AUTHORIZED TO HIRE CONTRACTUAL PERSONNEL
TO PERFORM ADMINISTRATIVE OR CLERICAL WORKS FOR THE
EXPEDIENCY OF SERVICE AND IN ACCORDANCE WITH CIVIL
SERVICE LAWS.

() [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 OR ELECTORAL DISTRICT
ELECTION OFFICE, HEADED BY THE CITY, MUNICIPAL OR
ELECTORAL DISTRICT ELECTION OFFICER FOR EACH CITY,
MUNICIPALITY OR ELECTORAL DISTRICT. THE CITY, MUNICIPAL OR
ELECTORAL DISTRICT ELECTION OFFICER SHALL BE ASSISTED BY
AT LEAST LONE (1) ELECTION ASSISTANT AND SUCH NUMBER OF
ASSISTANTS AND SUBORDINATE OFFICERS OR EMPLOYEES AS THE
COMMISSION MAY APPOINT IN ACCORDANCE WITH THE
ORGANIZATION, STAFFING, POSITION CLASSIFICATION AND
COMPENSATION STANDARDS. AN ELECTION OFFICER IS
AUTHORIZED TO HIRE CONTRACTUAL PERSONNEL TO PERFORM
ADMINISTRATIVE OR CLERICAL WORK FOR THE EXPEDIENCY OF
SERVICE AND IN ACCORDANCE WITH THE 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 ARE
AUTOMATICALLY CREATED, IN ACCORDANCE WITH THE
ORGANIZATION, STAFFING, POSITION CLASSIFICATION AND
COMPENSATION STANDARDS AND SUBJECT TO THE SUBMISSION
TO THE DEPARTMENT OF BUDGET AND MANAGEMENT (DBM) 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.

SECTION 53-B. ASSIGNMENT IN FIELD OFFICE. - NO OTHER
PERSONNEL, EXCEPT THOSE MENTIONED IN SECTION 53- OF THIS
ACT OR EXPRESSLY AUTHORIZED BY LAW, MAY BE ASSIGNED,
DESIGNATED OR DETAILED AT ANY FIELD OFFICE OF THE
COMMISSION. ANY PERSONNEL PERFORMING ADMINISTRATIVE
OR CLERICAL WORK MAY ONLY BE HIRED BY THE HEAD OF THE
FIELD OFFICE. VIOLATION OF THIS PROVISION CONSTITUTES AN
ELECTION OFFENSE.”

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
clection 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 SEPARATE AND INDEPENDENT OFFICE SPACES FOR ITS
FIELD OFFICES, 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 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 implementing the provision of this Act.

SEC. 8. If any portion or provision of this Act is declared unconstitutional, the
wrrecander 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.