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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.3493

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

The Commission on Election (COMELEC) is the primary
government agency responsible for the conduct of regular and special
elections in the country. Similar to other constitutional commissions,
the COMELEC is an independent and fiscally-autonomous body free
from political interference or influence from the three branches of
government, which makes possible the conduct of free, fair, and
honest elections. Nowhere is this intent more apparent than the
staggered rotational appointments of its commissioners and
chairman, and the guarantee of security of tenure and fiscal
autonomy.

This constitutional guarantee of independence, however, 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.

Although the purpose may be laudable, it has also given local
government units the window of opportunity to compromise conduct
of the local COMELEC’s functions. In particular, in as much as the
local COMELEC relies heavily on the LGU for institutional support,
this also gives the LGU the opportunity to compromise the local

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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.

Qn e ou“,
ERIC L. OLIVAREZ


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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 3493

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Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

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AN ACT STRENGHTHENING 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:


(1) 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
employee 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 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/Municipality 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 Section53-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:

[“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:

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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 PROVIDE AN ACCESIBLE 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. 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 9. 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 10. 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.

Approved.