REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 3468

Introduced by Honorable Deogracias Victor ‘DV’ B. Savellano

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

EXPLANATORY NOTE

‘The Commission on Elections (COMELEC) is the primary government agency
responsible for the comduct 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, in as much 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.

DEOGRACIAS R “DV” B. SAVELLANO


Republic of the Philippines
HOUSE OF REPRESENTATAIVES
Quezon City

Eighteenth Congress
First Regular Session

HoUsE BULNo.__3468

Introduced by Honorable Deogracias ‘DV’ B. Savellano

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 Phil
assembled:

»pines in Congress

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:

(a) 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 shalll 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.

Approved,