KR REPRES ON _
E-Filed “7X
RECEIVED
Republic of the Philippines

HOUSE OF REPRESENTATIVES || DATE December 6, 2022
Quezon City

NINETE! 'H CONGRESS
First Regular Session

HOUSE BILL NO. _ 6519

Introduced by Representative Joseph Gilbert F. Violago
EXPLANATORY NOTE,

It is enshrined in the 1987 Constitution that the Constitutional Commissions,
which include the Commission on Elections, shall be independent. (Art. IX, Sec. 1) The
COMELEC has the power, among others, to enforce and administer all laws and
regulations relative to the conduct of an election, plebiscite, initiative, referendum, and
recall. (Art. IX, Sec. 2)

However, Batas Pambansa Big. 881, s. 1985 states that the local government unit
concerned shall provide a suitable place for the office of the provincial election
supervisor and his staff and the election registrar and his staff, to wit:

“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)” [emphasis supplied]

This bill, therefore, seeks to give COMELEC the power to provide a separate
and independent office spaces for its field offices, which shall be charged against its
annual appropriations. This shall give the COMELEC independence from the local
government units concemed; thus, removing the constitutional commission from any
undue influence and possibility of withholding, delaying, and depriving of institutional
support by the LGU which may affect the performance of the former's functions.

This proposed measure likewise secks to strengthen the COMELEC, by
increasing its manpower in its different field offices, in accordance with the
organization, staffing, position classification and compensation standards.


This commendable bill was filed in the 18" Congress by Rep. Frederick Siao,
‘among others, as principal authors. It was approved on the Third Reading and was
transmitted to the Senate; however, the same was not enacted into law. The present
proponent is acknowledging the wisdom and hard work of his predecessors.

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

Wir F. VIOLAGO


Republie of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _ 6519

Introduced by Representative Joseph Gilbert F. Violago

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. Declaration of Policy. — 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.

SECTION 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.


(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 (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.

(3) [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.

SECTION 3. — New sections to be denominated as Section 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.”

SECTION 4. ~ Section 55 of the same Act is hereby amended to read as follows:

“Section 55. Office space. — [The local government concemed shall provide
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
SHALL PROVIDE SEPARATE AND INDEPENDENT OFFICE
SPACES FOR ITS FIELD OFFICES, THE COST OF WHICH SHALL
BE CHARGED TO ITS YEARLY APPROPRIATIONS.”

SECTION 5. Appropriations. — 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.

SECTION 6. Transfer Plan. — 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.

SECTION 7. Implementing Rules and Regulations. ~ 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.

SECTION 8. Separability Clause. — If, for any reason, any part or provision of this Act
shall be declared unconstitutional or invalid, the remaining provisions hereof which are
not affected thereby shall continue to be in full force and effect.

SECTION 9. Repealing Clause. — All other laws, presidential decrees, executive
orders, presidential proclamations, issuances, rules and regulations or parts thereof,
which are inconsistent with this Act are hereby repealed, amended, or modified
accordingly.

SECTION 10. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,