TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
at ti,v
25 AUG-4 P5:09
SENATE
S. No. 846
RKulVEOBV:
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
STRENGTHENING THE INDEPENDENCE OF THE COMMISSION ON 
ELECTIONS, AMENDING FOR THE PURPOSE PERTINENT PROVISIONS OF 
BATAS PAMBANSA BLG. 881, OTHERWISE KNOWN AS THE "OMNIBUS 
ELECTION CODE", AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR 
OTHER PURPOSES
EXPLANATORY NOTE
The Commission on Elections is mandated by the Constitution to enforce and 
administer all laws and regulations relative to the conduct of an election, plebiscite, 
initiative, referendum, and recall. It also exercises exclusive original jurisdiction over 
all contests relating to the elections, returns, and qualifications of all elective regional, 
provincial, and city officials, and appellate jurisdiction over all contests involving 
elective municipal officials decided by trial courts of general jurisdiction, or involving 
elective barangay officials decided by trial courts of limited jurisdiction.
Vested with the important functions and powers safeguarding the voice of the 
people and the very essence of democracy, it is crucial that this constitutional body 
preserves its impartiality and independence from any partisan activity or undue 
influence from any person or organization.
Unfortunately, under our existing laws, the COMELEC seemed dependent on 
the local government units to provide them with office space for their field offices. In


some instances, COMELEC, perhaps due to limited resources and financial constraints, 
rely on the host LGU for manpower augmentation, supplies and equipment, and other 
forms of institutional support. While these may appear as practical solutions at first, it 
cannot be denied that such have deleterious effects on the integrity and overall image 
of the COMELEC.
This measure, which was originally proposed and reported out by the Senate 
Committee on Electoral Reforms and People's Participation during the 19th Congress, 
offers COMELEC a way out of this awkward setup and overreliance to local 
governments, and effectively to incumbent elected officials. This bill seeks to ensure 
enough budgetary allocations for the COMELEC to fund and construct its own office 
buildings throughout the country and adequate number of personnel dedicated to 
implementing our election laws. This is also to unburden our LGUs with the additional 
responsibility of providing support to election field offices.
According to a five-year plan prepared by the Commission, the construction of 
1,489 offices at the municipal level, 171 offices at the city level, 82 offices at the 
provincial level and 15 offices at the regional level will require a total of P18.904 
billion.1
The passage of this legislation is earnestly sought.
OY EJERCITO ESTRADA
1 Excluding the cost of lot


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
S. No. 846
i- 
. ■ ■HM.. ..
'' Oi'f'.T yf ti-. i„-, V 1 ;
25 AUG-4 P5:09
RliCLIVfcD BY;
Introduced by Senator Jinggoy Ejercito Estrada
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AN ACT
STRENGTHENING THE INDEPENDENCE OF THE COMMISSION ON 
ELECTIONS, AMENDING FOR THE PURPOSE PERTINENT PROVISIONS OF 
BATAS PAMBANSA BLG. 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. Short Title. - This Act shall be known as the "COMELEC Integrity
Act.
Sec. 2. 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 a sufficient manpower complement.
Sec. 3. Section 53, Article VII of Batas Pambansa Big. 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, WHOSE 
OFFICERS AND EMPLOYEES SHALL BE APPOINTED BY 
THE COMMISSION IN ACCORDANCE WITH THE


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ORGANIZATION, 
STAFFING, 
POSITION
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CLASSIFICATION, AND COMPENSATION STANDARDS:
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"(1) Regional Election Office, headed by the Regional Election
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Director and assisted by the Assistant Regional Director and
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such other subordinate officers or employees as the
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Commission may appoint.
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"(2) Provincial Election Office, headed by the Provincial
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Election Supervisor FOR EACH PROVINCE and assisted by
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[sueh] AT LEAST ONE (1) ELECTION ASSISTANT AND
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SUCH NUMBER OF ASSISTANTS AND other subordinate
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officers or employees as the Commission may appoint.
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"(3) City/Municipal Election Office, headed by the
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City/Municipal [Registrar] ELECTION OFFICER FOR EACH
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CITY OR MUNICIPALITY. IN CITIES HAVING MORE
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THAN ONE (1) LEGISLATIVE DISTRICT, EACH OF SUCH
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LEGISLATIVE DISTRICTS SHALL HAVE AN ELECTION
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OFFICER. EACH ELECTION OFFICER [who] shall be
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assisted by AT LEAST ONE (1) ELECTION ASSISTANT
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AND SUCH NUMBER OF ASSISTANTS AND
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SUBORDINATE OFFICERS OR [an-eicction clerk and such
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other] employees as the Commission may appoint.
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"The Commission may delegate its powers and
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functions or order the implementation or enforcement of its
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orders, rulings, or decisions through the heads of its field
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offices."
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Sec. 4. A new Section 53-A is hereby inserted in Article VII of B.P. Big. 881,
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otherwise known as the "Omnibus Election Code of the Philippines" as amended, to
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read as follows:
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"SECTION 53-A. AUTOMATIC CREATION OF
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POSITIONS OF ELECTION OFFICERS. - WHENEVER
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NEW CITIES OR MUNICIPALITIES ARE CREATED,
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THERE SHALL ALSO BE AUTOMATICALLY CREATED


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FOR THIS CITY OR MUNICIPALITY, POSITIONS OF
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ELECTION OFFICERS AND ELECTION ASSISTANTS IN
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SUCH NUMBER AS DETERMINED PURSUANT TO THE
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RATIO ESTABLISHED IN THE SUCCEEDING SECTION."
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Sec. 5. A new Section 53-B is hereby inserted in Article VII of B.P. Big. 881,
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otherwise known as the "Omnibus Election Code of the Philippines" as amended, to
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read as follows:
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"SECTION 53-B. RATIO OF ELECTION
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ASSISTANTS TO REGISTERED VOTERS. - THERE
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SHALL BE A CORRESPONDING NUMBER OF ELECTION
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ASSISTANT POSITIONS AT THE RATIO OF ONE (1)
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ELECTION ASSISTANT FOR EVERY TWENTY
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THOUSAND (20,000) REGISTERED VOTERS."
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Sec. 6. A new Section 53-C is hereby inserted in Article VII of B.P. Big. 881,
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otherwise known as the "Omnibus Election Code of the Philippines" as amended, to
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read as follows:
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"SECTION 53-C. NO PERSONNEL, EXCEPT
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THOSE MENTIONED IN SECTION 53 HEREOF OR
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OTHER COMELEC PERSONNEL EXPRESSLY
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AUTHORIZED BY THE COMMISSION, SHALL BE
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ASSIGNED, DESIGNATED, ENGAGED, OR DETAILED AT
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THE COMMISSION'S FIELD OFFICES. ANY PERSON
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WHO CAUSES THE ASSIGNMENT, DESIGNATION,
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ENGAGEMENT, OR DETAIL OF ANY PERSONNEL AT
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THE COMMISSION'S FIELD OFFICES IN VIOLATION OF
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THIS SECTION SHALL BE GUILTY OF AN ELECTION
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OFFENSE AND SHALL BE PUNISHED UNDER SECTIONS
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2 63 AND 264 OF THE OMNIBUS ELECTION CODE."
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Sec. 7. Section 55, Article VII, of Batas Pambansa Big. 881, otherwise known
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as the "Omnibus Election Code of the Philippines" as amended, is hereby amended to
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read as follows:


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"Section 55. Office space. - [The local government
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conccrncci-shall provide a Guitable place for the-office-of-the
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provincial election stipervisor-and his staff and thc-elcction
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registrar and his staff: Provided, That in case of failure of the
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local government concerned to provide such suitable place,
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the provincial election-supervisor or the election-registraf^-as
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the case may be, upon prior authority of the-Gommission and
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notice to the local governmcnt-eoficerned, may lease another
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place fonoffice and the rentals thereof shall be chargeable to
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the funds of the local government concerned.] THE
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COMMISSION ON ELECTIONS SHALL PROVIDE AN
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ACCESSIBLE, SEPARATE, AND INDEPENDENT OFFICE
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OF ITS FIELD OFFICERS AND THEIR STAFF."
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Sec. 8. Transitory Provision. - Within one (1) year from the effectivity of this
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Act, the Commission shall formulate a plan for the transfer of all of its field offices
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from the facilities provided by local government units to the facilities owned or leased
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by the Commission. The local government unit concerned shall continue to provide an
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accessible place for the office of the provincial election supervisor and his staff and
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the election officer and his staff until such time that the Commission on Elections has
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provided the field office concerned with its own office, which in no case shall exceed
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five (5) years from the effectivity of this Act.
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Sec. 9. Implementing Rules and Regulations. - Within six (6) months from the
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approval of this Act, the Commission on Elections and the Department of Budget and
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Management shall adopt and issue the necessary rules and regulations for the
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effective implementation of this Act.
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Sec. 10. Appropriation. - The amount necessary for the implementation of this
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Act shall be included In the annual General Appropriations Act.
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Sec. 11. Repealing Clause. - All other laws, acts, presidential decrees, executive
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orders, issuances, presidential proclamations, rules and regulations or parts thereof,
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which are contrary to or inconsistent with any provision of this Act, are hereby
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repealed, amended or modified accordingly.


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Sec. 12. Separability Clause. - If any portion or provision of this Act is declared
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unconstitutional, the remainder of this Act or any provision not affected thereby shall
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remain in force and effect.
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Sec. 13. Effectivity. - This Act shall take effect immediately following the
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completion of its publication either in the Official Gazette or in two (2) newspapers of
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general circulation.
Approved,