REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES,
QUEZON CITY

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 7275

Introduced by
REP. JOHNNY T. PIMENTEL

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 constitutional guarantee of independence for COMELEC 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.

It has given local government units the window of opportunity to compromise
conduct of the local COMELEC’s functions. Inasmuch 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.

This measure seeks to endow a sense of integrity for COMELEC in fulfilling its

Constitutionally mandated functions and responsibilities.

The passage of this Bill is highly sought.



REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

EIGHTEENTH CONGRESS
Second Regular Session

. 7275
House Bill No. Z

Introduced by
REP. JOHNNY T. PIMENTEL

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 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 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 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 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:

["Seetion 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 concemed, 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. Transfer Plan. — Within one (1) year from the effectivity of this Act, COMELEC
shall formulate a Transfer Plan to transfer COMELEC Field Offices from the Local
Government Unit (LGU) controlled facilities to COMELEC-owned or leased facilities. The plan
shall provide for a complete transfer of all COMELEC Field Offices within five (5) years from
the effectivity of this Act.

Section 9. 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 10. 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 11. 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.