Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
SECOND REGULAR SESSION

HOUSE BILL No._7701

Introduced by CIBAC Party List Representative
Sherwin Tugna

AN ACT STRENGTHENING 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
EXPLANATORY NOTE

The Commission on Elections (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 (3)
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 of Section 55 of the Omnibus Election Code 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, inasmuch as
the local COMELEC relies heavily on the LGU for institutional support, this also gives
the LGU the opportunity to compromise the local 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.

In view of the foregoing, the approval of the bill is immediately sought.

a

jin Tugna


weene

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
SECOND REGULAR SESSION

House BILL No. 7701

Introduced by CIBAC Party List Representative
Sherwin Tugna

AN ACT STRENGTHENING 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 4. 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 Vil, 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

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 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.

who shall-be assisted by an election clerk
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.

(3) [eit City/Municipa
Registrar and-such-other

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 Section 53-A, is hereby inserted in Article Vil 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 Vil 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,

2


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:

government-concerned.} THE COMMISSION ON ELECTIONS SHALL
PROVIDE AN ACCESSIBLE 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.
Tirereafier, the amouni necessary for ihe coniinued impiemeniaiion 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
.

ne and regulations or any part thereof
‘and regulation: ny

provision of this Act are hereby repealed and/or modified accordingly.

h are inconsistent with any
ty

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.