Republic of the Philippines 2° RECEIVED
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No, __ 4900

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

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

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, which makes possible the conduct of free, fair, and honest
elections. Nowhere is this intent more apparent than the staggered rotational
appointments of its commissioners and chairman, and the guarantee of security of

tenure and fiscal autonomy.

This constitutional guarantee of independence, however, has been tempered
by Section 55 of the Omnibus Election Code. In particular, Section 55 of the Omnibus
Election Code enjoins local government units to provide a suitable place for the office
of the provincial election supervisor and his staff and the election registrar and his

staff.



Although the purpose may be laudable, it has also given local government
units the window of opportunity to compromise conduct of the local COMELEC’s
functions. In particular, inasmuch as the local COMELEC relies heavily on the LGU
for institutional support, this also gives the LGU the opportunity to compromise the
local COMELEC’s functions, by withholding, delaying or totally depriving it of
institutional support. The same provision, which supposedly recognizes the LGU’s
stake in election administration, lamentably acts as a sword of Damocles, and
subjects the local COMELEC to the imminent and ever-present peril of lack of office

space, manpower complement and funding for its operations.

JOHN IN YUL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BILL No. 4990 __

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

AN ACT STRENGTHENING THE COMMISSION ON ELECTIONS, AMENDING
FOR THE PURPOSE PERTINENT PROVISIONS 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 office space for
its field offices and with sufficient manpower complement.

Section 2. Section 53, Article VII, of B.P. 881, otherwise known as the "Omnibus
Election Code of the Philippines", 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.

(2) [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 ELECTION ASSISTANT AND SUCH
NUMBER OF ASSISTANTS AND SUBORDINATE OFFICERS AND
SUBORDINATE OFFICERS OR EMPLOYEES AS THE COMMISSION
MAY APPOINT, PROVIDED, HOWEVER, THAT THE PROVINCIAL
ELECTION SUPERVISOR SHALL HAVE THE SOLE AUTHORITY TO
ENGAGE CONTRACTUAL PERSONNEL IN ACCORDANCE WITH THE
CIVIL SERVICE LAWS TO PERFORM ADMINISTRATIVE OR
CLERICAL WORKS IN ACCORDANCE WITH THE MANDATE OF

HIS/HER OFFICE.


(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 ELECTION OFFICE,
HEADED BY AN ELECTION OFFICER FOR EACH CITY,
MUNICIPALITY, OR ELECTORAL DISTRICT. EACH ELECTION
OFFICER SHALL BE ASSISTED BY AT LEAST ONE ELECTION
ASSISTANT AND SUCH NUMBER OF ASSISTANTS AND
SUBORDINATE OFFICERS OR EMPLOYEES AS THE COMMISSION
MAY APPOINT, PROVIDED, HOWEVER THAT THE ELECTION
OFFICER SHALL HAVE THE SOLE AUTHORITY TO ENGAGE
CONTRACTUAL PERSONNEL IN ACCORDANCE WITH THE
MANDATE OF HIS/HER OFFICE.

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. A new Section 53-A, is hereby inserted in Article VII of B.P. 881,
otherwise known as the "Omnibus Election Code of the Philippines", as amended, to
read as follows:

“Section 53-A. AUTOMATIC CREATION OF POSITIONS OF
ELECTION OFFICERS. - WHENEVER NEW CITIES, MUNICIPALITIES
AND ELECTORAL DISTRICTS ARE CREATED, THERE SHALL BE
AUTOMATICALLY CREATED FOR THE CITY OR MUNICIPALITY,
POSITIONS OF ELECTION OFFICERS AND ELECTION ASSISTANTS
IN SUCH NUMBER AS DETERMINED PURSUANT TO THE RATIO
ESTABLISHED IN THE SUCCEEDING SECTION.”

Section 4. A new Section 53-B, is hereby inserted in Article VII of B.P. 881,
otherwise known as the "Omnibus Election Code of the Philippines", as amended, to
read as follows:

“Section 53-B. RATIO OF ELECTION ASSISTANTS TO REGISTERED
VOTERS. - THERE SHALL BE A CORRESPONDING NUMBER OF
ELECTION ASSISTANT POSITIONS AT THE RATIO OF ONE
ELECTION ASSISTANT FOR EVERY TWENTY THOUSAND (20, 000)
REGISTERED VOTERS.

Section 5. A new Section 53-C, is hereby inserted in Article VII of B.P. 881,
otherwise known as the "Omnibus Election Code of the Philippines", as amended, to
read as follows:

“Section 53-C. NO OTHER PERSONNEL, OTHER THAN THOSE
MENTIONED IN SECTION 53 HEREOF, OR EXPRESSLY
AUTHORIZED BY LAW, SHALL BE ASSIGNED, DESIGNATED,
ENGAGED OR DETAILED AT THE COMMISSION’S FIELD OFFICES,
OR SHALL BE ALLOWED TO PERFORM ADMINISTRATIVE OR
CLERICAL WORKS IN ACCORDANCE WITH THE MANDATE OF THE
FIELD OFFICES. VIOLATION OF THIS PROVISION SHALL
CONSTITUTE AN ELECTION OFFENSE”.


Section 6. 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 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 ON ELECTIONS SHALL PROVIDE AN
ACCESSIBLE AND SUITABLE PLACE FOR ITS FIELD OFFICERS AND
THEIR STAFF, CHARGEABLE TO ITS YEARLY APPROPRIATIONS.”

Section 7. 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 8. 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 9. Separability Clause. - If for any reason, any selection or provision of his
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 10. Effectivity. - This 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.