lic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
5498

House Bill No.

Introduced by: REPRESENTATIVE IRENE GAY F. SAULOG

EXPLANATORY NOTE

The Commission on Elections (COMELEC) is of the independent constitutional bodies
created by the 1987 Constitution. Article IX provides that it shall be independent and enjoy fiscal

autonomy.

The COMELEC was created primarily to promote the conduct of free, orderly, honest,
peaceful, and credible elections. Aside from overseeing the holding of fair elections, it also leads
the implementation of election laws.

Its independent character and important function in upholding our democratic system
necessitates that it is insulated from any form of pressure or influence from the political branches
of government or outside sources. Doing so would enable it to faithfully discharge its functions.

A provision of the Omnibus Election Code (OEC), however, tones down the
independence of the COMELEC as provided by the Constitution. Section 55 of the OEC states
that “The local government concemed shall provide a suitable place for the office of the
provincial election supervisor and his staff and the election registrar and his staff.”


The role that the local government plays in the office space to be used by the provincial
COMELEC unit does not bode well in preserving the independence of COMELEC. The very
local executives that are involved in this process are the candidates in the electoral contests that
the COMELEC is tasked to oversee. A relationship of dependence may possibly arise and place
the COMELEC at the receiving end of the local government’s power and control

It is the intent of this measure to effect amendments in the Omnibus Election Code to
remove the reliance of the local COMELEC on the local goverment. These changes will
safeguard its independence and effectively perform its functions.

mit oa F. SAULOG

Kalinga Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 5498

Introduced by: REPRESENTATIVE IRENE GAY F. SAULOG

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 the 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 of Elections (COMELEC) as guaranteed under Article [X, 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.

SEC. 2. Section 53, Article VI, 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. - 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 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
TN ACCORDANCE WITH THE MANDATE OF HIS/HER OFFICE.



The Commission may delegate its powers and functions or order the
implementation of enforcement of its orders, rulings, or decisions through the heads
of its field offices.”

SEC. 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.”

SEC. 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.”

SEC. 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.”

SEC. 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 concemed shall provide a
suitable space 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 concemed to provide such suitable space, 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 Commission
and notice to 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.”

SEC. 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.

SEC. 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.


SEC. 8. Separability Clause. - If for any reason, any selection or provision of this 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.

SEC. 8. Effectivity Clause. - 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,