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EIGHTEENTH CONGRESS INDEX
First Regular Session
3144
House Bill No.
Introduced by

Honorable Cristal L. Bagatsing

AN ACT STRENGTHENING THE COMMISSION ON ELECTIONS,
AMENDING FOR THE PURPOSE PERTINENT PROVISION 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) under the 1987 Constitution
shall enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum and recall (Art. [X-C, Sect. 2 (1), 1987

Constitution). The COMELEC also enjoys fiscal autonomy as provided under
Article IX-A, Section 5 where it states that "Sec. 5. The Commission shall enjoy
fiscal autonomy. Their approved annual appropriations shall be automatically and
regularly released.” As an added measure to ensure the independence of Comelec,
Article IX-C, Section 11 provides that "Sec. 11. Funds certified by the
commission as necessary to defray the expenses for holding regular and special
elections, plebiscites, initiatives, referenda, and recalls, shall be provided in the
regular or special appropriations and, once approved, shall be released
automatically upon certification by the Chairman of the Commission.”

However, Section 55 of the Omnibus Election Code provides otherwise,
where it states that:


"Sec. 55 Office Space. - 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"

This is a refilled bill of House Bill No. 7452 entitled “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”, authored by the
undersigned during the 17" Congress.

Hence, the immediate passage of this bill is earnestly sought.

CRIST) \GATSING
Representative
5* District, Manila


Republic of the Philippine
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3144
House Bill Ne

Introduced by
Honorable Cristal L. Bagatsing

AN ACT STRENGTHENING THE COMMISSION ON ELECTIONS,
AMENDING FOR THE PURPOSE PERTINENT PROVISION 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 Philippines
in Congress assembled:

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 space for

its field offices.

Section 2. 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 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 BE THE ONE TO PROVIDE AN
ACCESSIBLE AND SUITABLE PLACE FOR ITS FIELD
OFFICERS AND THEIR STAFF, CHARGEABLE TO ITS
YEARLY APPROPRIATIONS.

Section 3. 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 4. Repealing Clause - All acts, laws, decrees, executive orders, letters of
instruction and regulations or any part thereof which are inconsistent with any
provision of this Act are hereby repealed and/or modified accordingly.

Section 5. 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.

Section 6. Effectivity - The 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,