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First Regular Session
SENATE 
S. No. . 6 2 ^
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troduced by SENATOR LEILA M. DE LIMA
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e x p l a n a t o r y  n o t e
As a democratic State, eiections are the greatest means in which our cithens 
express their sovereignty. It goes without sayang that the conduct of free 
elections is essential to the very survival of our country.
It is thus important that we make sure that a reliable election system is in 
piace to ensure that the will of our people is seasonably expressed and proper y 
appreciated so as to avoid a government that serves uathout suff.cient mandate.
The first effort to codify the election laws resulted in the enactment of 
commonwealth Act No. 357 in 1939, which empowered the Secretary of 
Interior 
to supervise all types of elections. The 1935 Constitution was then amended 
94 
to create the Commission on Elections to insulate the elections from partisan politic .
During the effectivity of the 1973 Constitution, the National A^embly enacted 
Batas Pambansa Big. 88l, otherwise known as the Omnibus Election Code in 19 5-
o u r present 1987 Constitution, following the People Power Revolution in 1986, 
has, in turn, inspired various other pieces of legislation, as follows.
(a) Republic Act No. 6646 (The Electoral Reforms Law of 1987);
(b) Republic Act No. 6735 (The Initiative and Referendum Act);


(c) Republic Act No. 7166 (An Act Providing for Synchronized National and 
Local Elections and for Electoral Reforms, Authorizing Appropriations 
Therefor, and for other Purposes), as amended;
(d) Republic Act No. 7941 (Party-List System Act);
(e) Republic Act No. 8189 (The Voter’s Registration Act of 1996);
(f) Republic Act No. 8295 (An Act Providing for the Proclamation of a 
Lone Candidate for Any Elective Office in a Special Election, and for 
other Purposes);
(g) Republic Act No. 8436 (An Act Authorizing the Commission on 
Elections to use an Automated Election System in the May 11, 1998 
National or Local Elections and in Subsequent National and Local 
Exercises and for other Purposes);
(h) Republic Act No. 9006 (Fair Elections Act); and
(i) Republic Act No. 9189 (The Overseas Absentee Voting Act of 2003).
These pieces of legislation were brought about by the ever-changing election 
landscape, as well as emerging election-related technologies.
The 1987 Constitution introduced the party-list system, the initiative and 
referendum, and absentee voting. These are all new concepts on suffrage, which were 
introduced in the Constitution to make our elections more inclusive and our 
democracy more participative.
The technological advances, on the other hand, gave us biometric registration 
and the automated election system. We now live in the time when the technological 
advances gave us better ways to ascertain voter identities through biometrics. We are 
now also able to receive and tabulate votes nationally in ways much faster than ever 
through the automated system of elections.
Taking into consideration the significant evolution of our system of suffrage 
since the enactment of the 1987 Constitution, we should again initiate efforts to 
recodify the election laws to make sure that all existing legislation are in harmony 
with each other and that our election laws address all possible scenarios given the


current realities. In doing so, we will also be able to simplify the process in which we 
learn our election laws by reducing all of them to one cohesive code.
As this is a highly technical or specialized matter, it is best if a multi-sectoral 
consultative committee of experts be convened to prepare the draft code which will 
then be the basis for deliberations in Congress. This way, our legislature, and in turn 
our country, will benefit from the expertise of the legal luminaries or technical 
experts on election laws and processes.
This bill seeks to establish a multi-sectoral Election Code Recodification 
Committee, under the administrative supervision of the Commission on Elections, 
which shall be responsible for preparing the draft of the new election code.
Early approval of this measure is sought.
IIEILA M. DE ITMA


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
625
S. No.
d  il)i i f i  rrrtnrp
•IQ 
III! 1R 
P3--44
Introduced by SENATOR LEILA M. DE LIMA 
------------------------------------------------------ RU----
AN ACT
CREATING AN ELECTION CODE RECODIIICATION COMMITTEE TO
RI^CODIFYTIIE ELECTION LAWS
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress Assembled:
1 
Section i. Creation and Mandate. — There is hereby created an Election Code
2 
Recodification Committee (ECRC) under the administrative supervision of the
3 
Commission on Elections (COMELEC), which shall study, conduct consultations, and
4 
review the provisions of all the existing election laws including, but not limited to, the
5 
Omnibus Election Code, the Initiative and Referendum Act, the Absentee Voting Act,
6 
the Automated Election Law and the voter registration laws, with the end in view of
7 
recodifying said laws.
8 
The ECRC shall submit its report, recommendations and proposal to Congress.
9 
Sec. 2. Composition. — The ECRC shall be composed of ten (lo) members,
10 
including a Chairperson, who shall preside over its deliberations. The members, who
11 
shall be appointed by COMELEC, shall be composed of one retired COMELEC
12 
Commissioner/Chairperson, who shall act as Chair, three (3) experts on the field of
13 
election law or electoral processes or technologies to be determined by COMELEC, a
14 
representative nominated by the Integrated Bar of the Philippines, a representative
15 
nominated by accredited election watchdog organizations, and four (4)
16 
representatives to be nominated by Congress. For purposes of nomination, the
17 
Majority and Minority blocs from the Senate and the House of Representatives shall
18 
nominate one each. At least six (6) of the ten (10) members shall be lawyers.


1 
Sec. 3. Qualifications of Members. — No person shall be appointed or
2 
designated a Member of the ECRC unless he/she is a natural-born citizen and a
3 
resident of the Philippines, at least thirty-five years of age, a qualified voter, and of
4 
recognized probity, independence, nationalism, patriotism, and expertise in his/her
5 
field. Lawyer members must be members of the Philippine Bar who have been engaged
6 
in the practice of law for at least ten (10) years.
7 
Sec. 4. Filing of Vacancies. — Whenever a vacancy occurs in the ECRC, the
8 
COMELEC may appoint or designate a new member to fill the vacancy.
9 
Sec. 5. ECRC Secretariat. — There shall be a secretariat under the
10 
administrative supervision of COMELEC which shall be headed by a Director who
11 
shall provide the needed technical, administrative, and staff support to the ECRC.
12 
Sec. 6. Venue of Meetings and Offices. - COMELEC shall determine the venue
13 
for the offices of the ECRC Secretariat and the regular venue for the ECRC Meetings
14 
and Sessions. The cost of rent, set-up, and maintenance for the same shall be included
15 
in the budget for ECRC.
16 
Sec. 7. Internal Rules and Procedures. — The ECRC shall formulate and adopt
17 
its internal rules and procedure within fifteen (15) days from the date it is convened.
18 
Sec. 8. Technical and Staff Support. — Each Member of the ECRC may hire or
19 
engage not more than two (2) technical personnel to assist in the performance of
20 
his/her duties under this Act. The ECRC, through its Chair, may also engage
21 
consultants on matters requiring specialized expertise.
22 
Sec. 9. Compensation. — Each Member shall receive a reasonable monthly
23 
honorarium, per diem for every day of attendance in the ECRC sessions, and necessary
24 
travelling expenses to and from his residence when attending the sessions of the ECRC
25 
in such amounts to be determined by the Department of Budget and Management
26 
(DBM).
27 
Sec. 10. Completion. — The ECRC shall endeavor to complete its work on or
28 
before the lapse of one year from the date it is convened. After its presentation to
29 
Congress of its report, recommendations and proposals, the ECRC shall wind up its
30 
operations.


1 
All the records, documents, and proceedings of the ECRC shall be delivered to the
2 
National Library for preservation in accordance with law. The other properties of the
3 
ECRC shall be disposed of in accordance with existing Commission on Audit rules and
4 
applicable laws. The unexpended balances of its funds shall revert to the
5 
unappropriated general fund of the National Treasury.
6 
Sec. 11. Implementing Rules. — COMELEC shall formulate and adopt the rules
7 
necessary for the implementation of this Act.
8 
Sec. 12. Funding. — The DBM shall determine and provide the funding
9 
requirements for the operational expenses of the ECRC, and the funds necessary for
10 
the hiring of technical personnel, in accordance with applicable budgetary and
11 
auditing laws, rules and regulations.
12 
Sec. 13. Appropriations. - The amount necessary for the initial implementation
13 
of this Act shall be charged against the available appropriations of the COMELEC
14 
under the current General Appropriations Act. Thereafter, such sums as may be
15 
necessary for its continued implementation shall be included in the annual General
16 
Appropriations Act.
17 
Sec. 14. Repealing Clause. - All laws, decrees, executive orders, and rules and
18 
regulations, or parts thereof, inconsistent with the provisions of this Act, are hereby
19 
repealed or modified accordingly.
20 
Sec. 15. Separability Clause. - If, for any reason, any section or provision of this
21 
Act is held unconstitutional or invalid, the other sections or provisions hereof shall not
22 
be affected and thereby remain in full force and effect.
23 
Sec. 16. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
24 
complete publication in at least two (2) national newspapers of general circulation.
Approved,