REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. 8410

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

Article IX of the 1987 Constitution established three independent, fiscally-autonomous
commissions: the Civil Service Commission (CSC), the Commission on Elections
(COMELEC), and the Commission on Audit (COA). In addition, Article XIII of the
constitution and the Administrative Code of 1987 created the Commission on Human Rights
(CHR).

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.

However, Section 55 of the Omnibus Election Code (BP 881) seems to counteract the
supposed independence of the Comelec. Sec. 55 makes it incumbent upon the local
government to provide an office space for the provincial supervisor and the election registrar,
including their staff in the respective localities. If it is not feasible, the COMELEC shall take
charge of making the same available and the corresponding rentals shall be paid by the local
government unit concerned.

If a conflict arises between the COMELEC and the LGU, the operations of the regional
offices could suffer from any direct action by the LGU which owns or pays for the space of
the COMELEC regional offices.

Clearly, the provisions of BP 881 compromise the independence of COMELEC. As
guardians of the ballot, there is a need to strengthen the independence of COMELEC. This
proposed measure delegates the responsibility of providing the needed office space for its
field offices to the COMELEC, without the need for prior approval of the LGU concemed.

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

‘Representative
Magdalo Para sa Pilipino Party-List


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular rity

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
MANDATING THE COMMISSION ON ELECTIONS TO PROVIDE FOR THE
OFFICE SPACES OF ITS FIELD OFFICES, HEREBY REPEALING SECTION 55
OF BATAS PAMBANSA BLG. 881, OTHERWISE KNOWN AS THE OMNIBUS
ELECTION CODE OF THE PHILIPPINES, AS AMENDED

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

SEC. 1. This Act shall be known as the COMELEC Independent Offices Act.

SEC.2. Declaration of Policy.- The State recognizes the independence of the
Commission on Elections (COMELEC). Towards this end, the State shall enact measures to
protect COMELEC and its field offices from any undue influence, governmental or
otherwise, that can undermine its independence

SEC3. Mandate to Provide Separate Offices- The Commission on Elections
(COMELEC) is hereby mandated to provide new suitable office spaces for its field offices
enumerated in Section 53 of Batas Pambansa Big. 881, as amended, separate from the offices
of the Local Government Units that currently provide office facilities to said field offices.

SEC.4. Transfer Plan. Within six (6) months from the effectivity of this Act,
COMELEC shall formulate a transfer plan to transfer of COMELEC field offices from the
Local Government Unit (LGU) — controlled facilities to COMELEC-owned or —leased
facilities. The plan shall provide for a complete transfer of all COMELEC field offices within
five (5) years from the effectivity of this Act.


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SEC.S. Reporting.- COMELEC shall transmit the Transfer Plan to Congress.

SEC.6. Appropriation.- Such amounts as may be necessary to implement this Act
shall be included in the budget of COMELEC in next succeeding General Appropriations Act
following the adoption of the Transfer Plan by the COMELEC En Banc.

SEC.7. Repealing Clause.- Section 55 of Batas Pambansa Blg. 881, otherwise known
as the Omnibus Election Code of the Philippines, as amended, is hereby repealed

SEC.8. Separability Clause.- If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall remain

in force and effect.

SEC.9. Effectivity. - This Act shall take effect after fifteen (15) days from its
publication in the Official Gazette or in two (2) newspaper of general circulation.

Approved,