Comelec Integrity Act

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -7 P4:16 SENATE 1125 S.B. No. Introduced by SENATOR IMEE R. MARCOS 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 Constitution guarantees the independence of the Commission on Elections (COMELEC). As a constitutional body, the COMELEC is tasked with enforcing and administering all laws and regulations governing the conduct of elections, plebiscites, initiatives, referenda, and recall proceedings. In fulfilling this mandate, the Commission upholds the fundamental democratic principle that sovereignty resides in the people and that all government authority emanates from them. Nevertheless, elections are frequently tainted by allegations of widespread fraud and irregularities, with some COMELEC officials and personnel being suspected of either involvement in or tolerance of such unacceptable practices. provide a suitable place for the office of the provincial election supervisor and his employees rely, to some extent, on the local government units to augment its manpower and other logistic requirements. While the purpose of such support is laudable, it provides an opportunity to some unscrupulous local government officials to compromise the function of the office of the provincial election supervisor or the office of the city or municipal election office. In fact, there was a reported incident that a field office was padlocked by the local chief executive because of the refusal of the election officer to follow an alleged illegal instruction from said local official. Furthermore, it cannot be denied that the dependence of the COMELEC on local government units for institutional support gives the impression to many voters that COMELEC field personnel are beholden to the officials thereof. Thus, the constitutional guarantee of the independence of the COMELEC is compromised. Moreover, many local government units consider it burdensome to provide suitable office spaces for COMELEC field offices, as required by law. As a result, numerous COMELEC offices are situated in less secure locations and operate under

substandard conditions. This situation raises serious concerns regarding the safety and security of sensitive documents and information stored in these offices. In fact, there have been reported incidents of stolen computers, election paraphernalia, and official documents from the offices of the election officer in Tuguegarao City, Cagayan, and in the municipality of Wao, Lanao del Sur. These incidents prompted the National Privacy Commission to launch investigations for potential violations of the Data Privacy Act. This bill seeks to strengthen the independence of the Commission on Elections by transferring the responsibility of providing a suitable place for its field offices from the concerned local government units to the COMELEC. It also aims to address the manpower shortage in field offices by mandating the appointment of one election assistant for every twenty thousand (20,000) registered voters. These proposed amendments are intended to reinforce our efforts to ensure the conduct of free, fair, and honest elections. In view of the foregoing, the passage of this measure is earnestly requested. Fice h. Marea TMEER. MARCOST

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES AUG -7 P4:17 First Regular Session SENATE RECE LOG S.B. No. — 1125 Introduced by SENATOR IMEE R. MARCOS 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 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 with sufficient manpower complement.

SEC. 3. Section 53, Article VII, of B.P. 881, otherwise known as the "Omnibus

11 Election Code of the Philippines", as amended, is hereby amended to read as follows: "Sec. 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 FOR EACH PROVINCE and assisted by AT LEAST ONE ELECTION

ASSISTANT AND SUCH NUMBER OF ASSISTANTS AND [such] other subordinate officers or employees as the Commission may appoint. (3) City/Municipal Election Office, headed by the City/Municipal [Registrar] ELECTION OFFICER FOR EACH CITY OR MUNICIPALITY. EACH ELECTION OFFICER [who] shall be assisted by AT LEAST ONE ELECTION ASSISTANT AND SUCH NUMBEROF ASSISTANTS AND SUBORDINATE OFFICERS OR [an election clerk and such other] employees as the Commission may appoint. 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. 4. A new Section 53-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 OR MUNICIPALITIES 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."

SEC. 5. 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 30 (20,000) REGISTERED VOTERS."

SEC. 6. 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 PERSONNEL, EXCEPT THOSE MENTIONED IN

SECTION 53 HEREOF OR OTHER COMELEC PERSONNEL

EXPRESSLY AUTHORIZED BY THE COMMISSION, SHALL BE ASSIGNED, DESIGNATED, ENGAGED, OR DETAILED AT THE

COMMISSION'S FIELD OFFICES. ANY PERSON WHO CAUSES THE ASSIGNMENT, DESIGNATION, ENGAGEMENT, OR DETAIL OF ANY PERSONNEL AT THE COMMISSION'S FIELD OFFICES IN VIOLATION OF THIS SECTION SHALL BE GUILTY OF AN ELECTION OFFENSE AND SHALL BE PUNISHED UNDER SECTIONS 263 AND 264 OF THE OMNIBUS ELECTION CODE."

SEC. 7. Section 55, 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 55. Office space. - [The local government concerned shalt provide a suitable prace 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 shalt be chargeable to the funds of the local government concerned] THE COMMISSION ON ELECTIONS SHALL PROVIDE AN ACCESSIBLE, SEPARATE, AND INDEPENDENT OFFICE FOR ITS FIELD OFFICERS AND THEIR STAFF."

SEC. 8. Transitory Provision. - Within one (1) year from the effectivity of this

Act, the Commission shall formulate a plan for the transfer of all of its field offices from the facilities provided by local government units to the facilities owned or leased by the Commission. The local government unit concerned shall continue to provide an accessible place for the office of the provincial election supervisor and his staff and the election officer and his staff until such time that the Commission on Elections has provided the field office concerned with its own office, which in no case shall exceed five (5) years from the effectivity of this Act.

SEC. 9. Implementing Rules and Regulations. - Within six (6) months from the

effectivity of this Act, the Commission on Elections and the Department of Budget and Management shall adopt and issue the necessary rules and regulations for the effective implementation of this Act.

SEC. 10. Appropriation. - The amount necessary for the implementation of this

Act shall be included in the annual General Appropriations Act.

SEC. 11. Repealing Clause. - 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. 12. Separability Clause. - 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. 13. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in two (2) newspapers of general circulation. Approved,