Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRES S
First Regular Session
HousEBILiNo.8172
Introduced by Representatives FERDINAND MARTIN G. ROMUALDEZ, YEDDA
MARIE K. ROMUALDEZ, FERDINAND ALEXANDER A. MARCOS, and REP.
JUDE A. ACIDRE
EXPLANATORY NOTE
The Commission on Elections (COMELEC) is the government agency primarily
responsible for the  conduct of regular and  special  elections  in the  country.  Like  other
constitutional  commissions, the  COMELEC  is an independent body free from political
interference  and  granted  by the  Constitution with  fiscal  autonomy  for the  purpose  of
achieving its constitutional duty to conduct a free, fair, and honest elections.
For  Philippine  democracy  to  succeed,  the  COMELEC's  political  independence
shall always remain inviolable. No local or national government official, private person or
institution shall be permitted to interfere and influence the policies and operations of the
electoral body and its officials.
Nevertheless, there exist gaps in the current legal framework; in particular, Section
55 of the Omnibus Election Code. Section 55 of the Omnibus Election Code enjoins the


focal gore:rmrneat uni:ts to prow.ide a suitable place f or the of f iice Of the provincial election
supervisor and his staff and the election registrar and his sta.ff:
Although its purpose laudable, Section 55 of the said law is subject to abuse as it
opens opportunities for corruption and undue influence, which in turn compromises the
local  COMELEC's functions.  In the current administrative framework,  LGUs have the
discretion  to  withhold,  delay,  even  totally  deprive  institutional  support  to  the  local
COMELEC,  impairing  the  latter's  constitutionally  protected  independence.  This  same
provision,  which  recognizes  the  LGU's  stake  in  election  administration,  1anentably
weakens  the  COMELEC's  independence,  and  subjects  the  local  CONILEC  to  the
imminent  and  ever-present peril  of lack  of office  space,  manpower  complements,  and
funding for its operations.
Thus, we earnestly seek the passage of this bill.
FERDINAND ALEXANDER A. MARCOS
Representative
First District, Ilocos Norte
ae_Ee=nEagv#^L"z


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRES S
First Regular Session
HousEB|LiNo.6172
Introduced by Representatives FERDINAND MARTIN G. ROMUALDEZ, YEDDA
MARIE K. ROMUALDEZ, FERDINAND ALEXANDER A. MARCOS, and REP.
JUDE A. ACIDRE
AN ACT
STRENGTHENING THE  COMMISSION ON ELECTIONS INCRHASING THH
MANPOWER COMPLEMENT IN ITS FIELD OFFICES, PROVIDING OFFICE
SPACES  SHPARATE  AND  INDEPENDENT  FROM  LOCAL  GOVHRNMENT
UNITS,  AND  APPROPRIATING  FUNDS,  AMENDING  FOR  THE  PURPOSE
BATAS PAMBANSA BLG. 881, AS AMENI)ED, OTHI]RWISE KNOWN AS THE
"OMNIBUS ELECTION CODE OF THE PHILIPPINES."
Be it epqct.ed by the Senate and House Of Representatives Of the Philippines in Congress
assembled-.
SECTION  1.  S/¢feme#f  a/ Po/I.cj/.  -  The  State  hereby  affirms  and  recognizes  the
independence of the Commission on Elections (COMELEC) as guranteed under Article
IX, Part A, Section 1 of the 1987 Constitution. As such, the Commission shall ensure and
preserveitsintegrityandindependencebyincreasingtheworkforcecomplementinitsfield
offices and providing office spaces separate and independent from local goverrment units.
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
I


following field offices:
(1)RegionalElectionOffice,headedbytheRegionalElectionDirectorandassisted
by  the  Assistant  Regional  Director  and   such  other   subordinate   officers   or
employees as the Commission may appoint[.I, IN ACCORDANCE WITH THH
ORGANIZATION,   STAFFING,   POSITION   CLASSIFICATION,   AND
COMPENSATION STANDARDS.
(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    ELHCTION    0FFICH,    HEAI)HD    BY    THH
PROVINCIAL ELHCTI0N SUPERVISOR FOR EACH PROVINCE. EACH
pRovlNCIAL ELHCTloN SUpERVISoR SHALL Bn ASSISTEI) By AT
LEAST  ONH  (1)  ELECTION  ASSISTANT  AND  SUCH  NUMBER  OF
ASSISTANTS  AND  SUBORDINATH  OFFICERS  0R  EMPLOYEHS  AS
THE  COMMISSION  MAY  APPOINT,  IN  ACCORDANCE  WITH  THE
ORGANIZATION,    STAFFING,    POSITION    CLASSIFICATION    AND
COMPENSATION      STANDARDS.      A      PROVINCIAL      ELECTION
SUPERVISOR     IS     AUTHORIZED     TO     HIRE      CONTRACTUAL
PERSONNHL    T0   PERFORM   ADMINISTRATIVH    OR   CLERICAL
WORKS FOR THE EXPEDIENCY 0F SERVICH ANI) IN ACCORDANCH
VITH CIVIL SERVICE LAWS.
(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,    OR    ELECTORAL    DISTRICT
ELECTION   OFFICE,   HEADHD   BY   THE   CITY,   MUNICIPAL   OR
ELECTORAL   DISTRICT   ELECTION   OFFICER   FOR   EACH   CITY,
MUNICIPALITY 0R ELECTORAL DISTRICT. THE CITY, MUNICIPAL,
OR    ELECTORAL    DISTRICT    HLECTION    OFFICER    SHALL    BE
ASSISTHD BY AT LEAST ONE (1) ELECTION ASSISTANT AND SUCH
NUMBER   OF   ASSISTANTS   AND   SUBORDINATE   OFFICERS   0R
EMPLOYEES AS THE COMMISSION MAY APPOINT IN ACCORDANCH
WITH THE ORGANIZATION, STAFFING, POSITION CLASSIFICATION
AND   COMPHNSATION   STANDARDS.   AN  IILECTI0N   0FFICHR  IS
AUTHORIZED T0 HIRE CONTRACTUAL PERSONNEL T0 PERFORM
ADMINISTRATIVF. OR CLERICAL WORK FOR THE EXPEDIF.NCY 0F
SERVICE AND IN ACCORDANCE WITH THE CIVIL SHRVICE LAWS.
The   Commission   may   delegate   its   powers   and   functions   or   order   the
implementationorenforcementofitsorders,rulings,ordecisionsthroughtheheads
of its field offices.
SECTION 3. New sections denominated as Sections 53-A and 53-a are hereby inserted
after Section 53 of the same Act to read as follows:
I


"SECTION    53-A.    AUTOMATIC    CREATION    OF    POSITIONS    OF
ELHCTION  OFFICHRS  AND  ELHCTION  ASSISTANTS.  -  IF  A  NEW
CITY, MUNICIPALITY OR HLECTORAL DISTRICT IS CREATI]D, THH
POSITIONS  OF  ELHCTI0N  0FFICHR AND  HLECTI0N  ASSISTANTS
ARH  AUTOMATICALLY  CREATED,  IN  ACCORDANCE  WITH  TIIE
ORGANIZATION,    STAFFING,    POSITION    CLASSIFICATION   AND
COMPHNSATION STANDARDS AND SUBJECT TO TIIE SUBMISSION
TO TIIE DEPARTMENT OF BUDGET AND MANAGEMENT (DBxp OF
A RESOLUTION  STATING THE  CHANGF.S IN THE ORGANIZATION
AND  STAFFING.  THERE  MUST  BE  ONE  (1)  ELECTION  ASSISTANT
FOR HVERY TWENTY THOUSAND (20,000) REGISTHRED VOTERS.
SHCTloN   53-8.   AsSIGNMnNT   IN   FIELD   OFFICE.   -   No   OTHER
PERSONNEL, HXCEPT THOSE MENTI0NEI) IN SECTION 53 0F THIS
ACT  0R HXPRESSLY AUTHORIZF,D  BY LAW, MAY BE  ASSIGNED,
DESIGNATED   OR  DETAILED   AT   ANY   FIELD   OFFICE   0F   THE
COMMISSION.  ANY PERSONNEL  PERFORMING ADMINISTRATIVE
OR CLERICAL WORK MAY ONLY BH HIRED BY THE HEAI) OF THE
FIELD OFFICE. VIOLATION OF THIS PROVISION CONSTITUTES AN
ELECTION 0FFHNSH."
SECTION 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
Commissionandnoticetothelocalgovernmentconcemed,mayleaseanotherplace
for  office  and the  rentals  thereof shall  be  chargeable  to  the  funds  of the  local
government concerned.] THE COMMISSION SHALL PROVIDH SEPARATE
AND INDEPENDENT OFFICE SPACES FOR ITS FIELD 0FFICHS, THE
COST    0F    WHICH    SHALL    BE    CHARGED    TO    ITS    YEARLY
APPROPRIATIONS."
SHCTION 5. 4pf}raprJ.cr/z.o#. - The initial amount for the implementation of this Act shall
be charged against the curent available appropriations of the Commission. Thereafter, the
funding of which shall be included in the annual General Appropriations Act.
SECTION 6. rrcz#s/er a/Fz.e/d Oj7}ces. -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 (5)
years from the effectivity of this Act.
SECTION 7. J"p/eme#fz.#g Rc4/es c}#d Jiegr/crfz.o#s.  - 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 implementing the provision of this Act.
SECTION 8. Sepcrr¢bz./i.ty C/cra!se.  ~ 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.
SHCTION  9.  Repecr/i.77g C/cz"Se.  - 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.
SECTION 10. Ejrec/z'w.fy. -This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.
Approved,