Republic of the Philippines [2
HOUSE OF REPRESENTATIVES |/O
Constitution Hills, Quezon City = DATE July 1, 2022
* TIME 8:42am

NINETEENTH CONGRESS.
First Regular Session

House Bill No._755

Introduced by Honorable Jonathan Clement M. Abalos II

EXPLANATORY NOTE

During election day, our fellow Filipinos flock to their respective polling stations
and vote for the leaders they believe will best represent their interests. For some
Filipinos, this could mean going to the nearest polling station to their home, but for some
it could also mean tediously traveling their home province in order to physically fill up
their ballot. Filipinos arrive at the polling stations and line up for minutes, hours, and
even days for some, just to be able to register their vote.

It is therefore obvious and cannot be understated that this exercise of democracy
entails a fair amount of labor on the part of the Filipino people. For many, election day is
a whole-day event which is both an exercise and celebration of our democratic
constitution. For an election to be considered as successful, voters must be able to
comfortably and freely exercise their right to suffrage.

Specifically, the 1987 Philippine Constitution, through Republic Act No. 7056 and
the Omnibus Election Code, mandates that there shall be only one (1) simultaneous
regular elections for national and local elective officials every first Monday of May once
every three (3) years. Therefore for only once a year, every three years, Filipinos go out
of their way in order to make their vote count.

However, despite that fact that the voting Filipino citizens are the very engine
which runs this government, election day is currently not considered as a regular
Holiday as compared to others such as Labor Day, Independence Day, National Day,
and the like. Currently, our national elections, which are held every second Monday of
May, are only considered a Special Non-working Holiday. This means those who will
render work on this day shall be paid additional 30% of their daily rate while those who
will not work will have the "no work, no pay” principle applied to them unless a company
policy grants payment. More so, this Special Non-working Holiday is only considered as
‘such by virtue of a Presidential Proclamation customarily issued shorty before every
national election.


Conversely, Article 94 of the Labor Code provides that every worker shall be paid
his regular daily wage during regular holidays. The same also provides that the term
“holiday” includes: New Year's Day, Maundy Thursday, Good Friday, the ninth of April,
the first of May, the twelfth of June, the fourth of July, the thirtieth of November, the
twenty-fifth and thirtieth of December and the day desionated by law for holding a
general election.

Therefore, the Labor Code must be interpreted to mean that during the day
designated by law for holding a general election, such day must be considered a regular
holiday; that every worker shall be paid his regular daily wage during regular holidays if
he or she does not work, and shall be paid a compensation equivalent to twice his or
her regular rate if he or she works. However, this is not the status quo

in fact, current circumstances would lead to the creation of an absurd situation
wherein Filipinos will be left to choose between exercising their fundamentally
democratic right to vote or going to work in order to get an additional 30% pay and avoid
the logistical burden of traveling and lining up to vote. Clearly, the more convenient
choice would be the latter. Evidently, there is a practical flaw in the fundamental
exercise of democracy that should and can be addressed through this legislation.

In sum, the proponent seeks to establish a law which would make the day
designated by law for holding a general election, as a Regular Holiday in order to
incentivize Filipinos to vote and to make the democratic process convenient for every
single Filipino. This would grant Filipinos the right to full payment of wages every
Election Day, and would help ensure their particip: democratic process.

HON. JONATHAN CLEMENT M. ABALOS II
4Ps Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

NINETEENTH CONGRESS:
First Regular Session

House Bill No._755

Introduced by Honorable Jonathan Clement M. Abalos It!

ELECTION DAY HOLIDAY ACT

WHEREAS, in recent times, by virtue of Presidential Proclamation, the day designated
by law for holding a general election, is declared merely as a Special (Non-Working)
Holiday;

WHEREAS, Article 93 of the Labor Code provides that work performed on any special
holiday shall be paid an additional compensation of at least thirty percent (30%) of the
regular wage of the employee;

WHEREAS, on a special holiday, if the employee did not work, the “no work, no pay”
principle shall apply, unless there is a company policy, practice, or collective bargaining
agreement (CBA) granting payment on a special day.

WHEREAS, Article 94 of the Labor Code provides that every worker shall be paid his
regular daily wage during regular holidays if the employee did not work;

WHEREAS, for work done during regular holidays, the employee shall be paid 200
percent of his/her wage;

WHEREAS, the same article provides that the term “holiday” includes: New Year's Day,
Maundy Thursday, Good Friday, the ninth of April, the first of May, the twelfth of June,
the fourth of July, the thirtieth of November, the twenty-fifth and thirtieth of December
and the i law for holding a general election:

WHEREAS, compliance with the provisions of the Labor Code of the Philippines is
sought,

WHEREAS, the participation of Filipino voters is quintessential to the success of the
general elections

WHEREAS, this law seeks to enable Filipino voters to freely and comfortably exercise
their right to suffrage, as provided in the Constitution;


WHEREAS, this law will enable Filipino voters to exercise their right to suffrage without
having to forfeit any compensation afforded to them;

Be it enacted by the Houses of Senate and Representatives of the Philippines in
Assembly:

SECTION 1. It is hereby declared that every time there is an election shall be a regular
holiday to honor the Filipino people and incentivize them to exercise their right to vote
and participate in the democratic process

SECTION 2. The term ‘national election” shall include activities such as plebiscite,
referendum, people's initiative, recall election, special election, other processes of
voting of a similar nature

SECTION 3. Section 2. Section 26, Chapter 7, Book | of Executive Order No. 292,
otherwise known as "The Administrative Code of 1987", as amended, is hereby
amended to read as follows:

"SEC. 26, Regular Holidays and Nationwide Special Days. -

(1) Unless otherwise modified by law, order, or proclamation, the following regular
holidays and special days shall be observed in the country:

"(a) Regular Holidays

New Year's Day January 1
Maundy Thursday Movable Date
Good Friday Movable Date
Eidul Fitr Movable Date
Eidul Adha Movable Date

Araw ng Kagitingan

(Bataan and Corregidor Day) Monday nearest April 9

Labor Day Monday nearest May 1
Day designated by law for holding a
Election Day general election
Independence Day Monday nearest June 12

National Heroes Day Last Monday of August


Bonifacio Day Monday nearest November 30
Christmas Day December 25
Rizal Day Monday nearest December 30

"(b) Nationwide Special Holidays

Ninoy Aquino Day Monday nearest August 21
All Saints Day November 4
Last Day of the Year December 31

"(c) In the event the holiday falls on a Wednesday, the holiday will be observed on the
Monday of the week. If the holiday falls on a Sunday, the holiday will be observed on the
Monday that follows:

"Provided, That for movable holidays, the President shall issue a specific date shall be
declared as a nonworking day.”

SECTION 4. The implementation of this act shall be supervised by the Commission on
Elections (COMELEC), which shall promulgate the rules and regulations pursuant to the
provisions of this Act.

SECTION 5. All laws, presidential decrees, executive orders, issuances, rules and
regulations and any part thereof regarding national nonworking holidays which are
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 6. This Act shall take effect fifteen (15) days after its complete publication in
the Official Gazette or at least two (2) national newspapers of general circulation.

Approved,