Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

TWENTIETH CONGRESS
First Regular Session

107

HOUSE BILL NO.

Introduced by 4Ps Partylist Representative
JCM. ABALOS

EXPLANATORY NOTE

‘The Commission on Elections (COMELEC) holds a central and pivotal role in
ensuring the integrity and fairness of electoral processes. Established as a
constitutional body, COMELEC is entrusted with the solemn duty of overseeing
elections, plebiscites, initiatives, referendums, and recalls, among other crucial
aspects of the electoral system. This constitutional recognition of COMELEC's
significance is firmly articulated in the 1987 Constitution, which underscores its
independence.

As the primary governmental entity responsible for preserving the integrity of
regular and special elections, COMELEC operates autonomously, free from external
political influence or interference from the three branches of government. However,
the constitutional guarantee of autonomy has encountered a challenge embodied in
Section 55 of the Omnibus Election Code. This section imposes a mandate on local
government units (LGUs) to provide suitable office spaces for COMELEC's
provincial election supervisors and election registrars. This provision, though
well-intentioned, seemingly runs counter to COMELEC’s character as an
independent constitutional commission as mandated under Article IX-A, Section 1 of
the 1987 Constitution .

This proposed legislation is driven to empower COMELEC and align its
operational framework with the constitutional mandate of independence. It aims to
reinforce COMELEC's independence by facilitating the acquisition of separate office
spaces, independent of LGUs, and allocating the necessary funds from the national


government's annual budget. This proposed amendment seeks to rectify the current
limitation within the Omnibus Election Code, which restricts office space provision
to LGUs. The COMELEC would have the authority to secure its office spaces and
employ its personnel, thereby further enhancing its autonomy and independence.
With the goal of equipping COMELEC with the requisite infrastructure and staffing
to conduct elections, this legislation strengthens the bedrock of Philippine
democracy.

This bill was filed in the 19th Congress, hence, immediate passage of this bill
is earnestly sought.

Representative
4Ps Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

‘TWENTIETH CONGRESS
First Regular Session

107

HOUSE BILL NO.

Introduced by 4Ps Partylist Representative
JC M. ABALOS

AN ACT
STRENGTHENING THE COMMISSION ON ELECTIONS BY INCREASING
THE MANPOWER COMPLEMENT IN ITS FIELD OFFICES, PROVIDING
OFFICE SPACES SEPARATE AND INDEPENDENT FROM LOCAL
GOVERNMENT UNITS, AND APPROPRIATING FUNDS THEREFOR
AMENDING FOR THE PURPOSE BATAS PAMBANSA BLG. 881, OTHERWISE
KNOWN AS THE "OMNIBUS ELECTION CODE OF THE PHILIPPINES", AS
AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. The State hereby affirms and recognizes the independence of
the Commission on Elections as guaranteed under Article IX, Part A, Section 1 of the
Constitution. As such, the Commission shall ensure and preserve its integrity and
independence by increasing the manpower complement in its field offices, and
providing office spaces separate and independent from local government units.

SEC. 2. Section 53 of Batas Pambansa Blg. 881, as amended, is hereby
amended to read as follows:
“Section 53. Field offices of the Commission. - The Commission shall
have the following field offices:


(1) Regional Election Office[,] WHICH SHALL EACH BE 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] IN ACCORDANCE WITH THE
EXISTING COMPENSATION AND POSITION CLASSIFICATION
SYSTEM AND CIVIL SERVICE RULES AND REGULATIONS.

(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 WHICH SHALL EACH BE HEADED BY THE
PROVINCIAL ELECTION SUPERVISOR. EACH PROVINCIAL
ELECTION SUPERVISOR SHALL BE ASSISTED BY AT LEAST
ONE (1) ELECTION ASSISTANT AND SUCH NUMBER OF
ASSISTANTS AND SUBORDINATE OFFICERS OR EMPLOYEES
AS THE COMMISSION MAY APPOINT IN ACCORDANCE WITH
THE EXISTING COMPENSATION AND POSITION
CLASSIFICATION SYSTEM AND CIVIL SERVICE RULES AND
REGULATIONS. A PROVINCIAL ELECTION SUPERVISOR
SHALL BE AUTHORIZED TO HIRE CONTRACTUAL
PERSONNEL TO PERFORM ADMINISTRATIVE OR CLERICAL
WORKS FOR THE EXPEDIENCY OF SERVICE AND IN
ACCORDANCE WITH CIVIL SERVICE LAWS.

(3) [City, Municipal Election Office, headed by the City, Municipal
Registrar who shall be assisted by an election clerk and other
employees as the Commission may appoint] CITY, MUNICIPAL,
AND ELECTORAL DISTRICT ELECTION OFFICE, WHICH SHALL
EACH BE HEADED BY A CITY, MUNICIPAL, AND ELECTORAL
DISTRICT ELECTION OFFICER, RESPECTIVELY. THE CITY,
MUNICIPAL, AND ELECTORAL DISTRICT ELECTION OFFICER
SHALL EACH BE ASSISTED BY AT LEAST ONE (1) ELECTION
ASSISTANT AND SUCH NUMBER OF ASSISTANTS AND
SUBORDINATE OFFICERS OR EMPLOYEES AS THE
COMMISSION MAY APPOINT IN ACCORDANCE WITH THE
EXISTING COMPENSATION AND POSITION CLASSIFICATION
SYSTEM AND CIVIL SERVICE RULES AND REGULATIONS. AN
ELECTION OFFICER IS AUTHORIZED TO HIRE CONTRACTUAL
PERSONNEL TO PERFORM ADMINISTRATIVE OR CLERICAL
WORK IN THE EXIGENCY OF THE SERVICE AND IN
ACCORDANCE WITH CIVIL SERVICE LAWS.


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.”

SEC. 3. New sections to be denominated as Sections 53-A and 53-B are hereby
inserted after Section 53 of the same Act to read as follows:

“SECTION 53-A. AUTOMATIC CREATION OF POSITIONS OF
ELECTION OFFICERS AND ELECTION ASSISTANTS. ~ IF A NEW CITY,
MUNICIPALITY OR ELECTORAL DISTRICT IS CREATED, THE
POSITIONS OF ELECTION OFFICER AND ELECTION ASSISTANTS
SHALL BE AUTOMATICALLY CREATED, IN ACCORDANCE WITH THE
EXISTING COMPENSATION AND POSITION CLASSIFICATION
SYSTEM, AND COMPENSATION STANDARDS AND SUBJECT TO THE
SUBMISSION TO THE DEPARTMENT OF BUDGET AND
MANAGEMENT OF A RESOLUTION STATING THE CHANGES IN THE
ORGANIZATION AND STAFFING. THERE MUST BE ONE (1)
ELECTION ASSISTANT FOR EVERY TWENTY THOUSAND (20,000)
REGISTERED VOTERS.”

SEC. 4, Section 55 of the same Act is hereby amended to read as follows:
“Section 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
concerned, may lease another place for office and the rentals thereof shall be
chargeable to the funds of the local government concerned.] THE
COMMISSION SHALL PROVIDE OFFICE SPACES FOR ITS FIELD
OFFICES SEPARATE AND INDEPENDENT FROM LOCAL
GOVERNMENT UNITS, THE COST OF WHICH SHALL BE CHARGED
TO ITS YEARLY APPROPRIATIONS.”

SEC. 5. The initial amount for the implementation of this Act shall be charged
against the current available appropriations of the Commission. Thereafter, the
funding necessary for its continued implementation of which shall be included in the
annual General Appropriations Act.

SEC. 6. Within one (1) year from the effectivity of this Act, the Commission
shall formulate a plan to transfer its field offices from the facilities of local
government units to the facilities owned or leased by the Commission. The plan


shall provide for a complete transfer of all field offices of the Commission within five
(6) years from the effectivity of this Act.

SEC. 7. Within ninety (90) days from the effectivity of this Act, the
Chairperson of the Commission shall, in coordination with the Secretary of the
Interior and Local Government and the Secretary of Budget and Management,
promulgate the rules and regulations to implement the provisions of this Act.

SEC. 8. If any portion or provision of this Act is declared unconstitutional, the
remainder of this Act or any provision not affected thereby shall remain in force and
effect.

SEC, 9. All other laws, acts, presidential decrees, executive orders, issuances,
presidential proclamations, rules and regulations or parts thereof, which are contrary
to and inconsistent with any provision of this Act, are hereby repealed, amended or
modified accordingly.

SEC. 10. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,