Comelec Integrity Act

Srinte TWENTIETH CONGRESS OF THE Office of the Sartary REPUBLIC OF THE PHILIPPINES First Regular Session SEP -9 P3:58 SENATE RECEIVED BY: Senate Bill No. 1363 Introduced by Senator Erwin T. Tulfo AN ACT STRENGTHENING THE INDEPENDENCE OF THE COMMISSION ON ELECTIONS BY AUGMENTING ITS MANPOWER COMPLEMENT, PROVIDING SEPARATE AND INDEPENDENT FIELD OFFICES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES, AMENDING FOR THE PURPOSE BATAS PAMBANSA BLG. 881, AS AMENDED, OTHERWISE KNOWN AS THE "OMNIBUS ELECTION CODE OF THE PHILIPPINES" EXPLANATORY NOTE The Commission on Elections (COMELEC) is the primary government agency mandated to safeguard the conduct of free, fair and honest elections in the country. Like the other Constitutional Commissions, its independence from political interference is guaranteed under Article IX of the 1987 Constitution. In practice, however, this independence is often undermined by structural and operational vulnerabilities in its field offices. At present, many COMELEC field offices rely on local government units (LGUs) for office facilities and even for personnel.

Section 55 of the Omnibus Election Code, for instance, directs

LGUs to provide office space for provincial election supervisors and election registrars, as well as their staff. While seemingly practical, this

arrangement has created an unhealthy dependence that gives LGUs leverage over the very institution tasked with ensuring impartial elections in their jurisdictions. This exposes the COMELEC to subtle but dangerous forms of political influence at the local level, compromising the impartiality of election administration and erodes public trust in the integrity of our electoral process. This measure seeks to address these vulnerabilities. By securing its independence from local political structures through augmented manpower complement and separate office facilities, this measure fortifies one of the most vital pillars of our democracy. Only a truly independent COMELEC can guarantee elections that are not only free and fair, but also credible and beyond the shadow of political pressures. It is for this reason that the immediate passage of this bill is earnestly sought. ERWIN T. TULFO

Senate Office of the et cartarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 SEP -9 P3:58 First Regular Session RECEIVED BY SENATE Senate Bill No. 1363 Introduced by Senator Erwin T. Tulfo AN ACT STRENGTHENING THE INDEPENDENCE OF THE COMMISSION ON ELECTIONS BY AUGMENTING ITS MANPOWER COMPLEMENT, PROVIDING SEPARATE AND INDEPENDENT FIELD OFFICES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES, AMENDING FOR THE PURPOSE BATAS PAMBANSA BLG. 881, AS AMENDED, OTHERWISE KNOWN AS THE "OMNIBUS ELECTION CODE OF THE PHILIPPINES" Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the

2 "COMELEC Integrity Act".

SEC. 2. Statement of Policy. - It is hereby declared the policy of

5 the State to ensure and preserve the institutional independence, 6 impartiality, and integrity of the Commission on Elections, as guaranteed under Article IX, Part A, Section 1 of the 1987 Constitution. Towards this end, the Commission shall be provided with the necessary 9 manpower complement and secure, separate, and permanent office 10 spaces independent of local government units, free from political 11 influence and interference.

SEC. 3. Section 53, Article VII of Batas Pambansa Blg. 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 [=), IN ACCORDANCE WITH THE ORGANIZATION, STAFFING, POSITION CLASSIFICATION, AND COMPENSATION STANDARDS. (2) Provincial Election Office, headed by the Provincial Election Supervisor and assisted by AT LEAST ONE (1) ELECTION ASSISTANT AND such other subordinate officers or employees as the Commission may appoint FI, IN ACCORDANCE WITH THE ORGANIZATION, STAFFING, POSITION CLASSIFICATION AND COMPENSATION STANDARDS; PROVIDED, THAT THE PROVINCIAL ELECTION SUPERVISOR SHALL BE AUTHORIZED TO HIRE ADDITIONAL PERSONNEL TO PERFORM ADMINISTRATIVE OR CLERICAL FUNCTIONS, SUBJECT TO THE APPROVAL OF THE COMMISSION, 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 such other employees as the Commission may appoint]. CITY, MUNICIPAL, OR ELECTORAL DISTRICT ELECTION OFFICE, HEADED BY THE CITY, MUNICIPAL, OR ELECTORAL DISTRICT ELECTION OFFICER WHO SHALL BE ASSISTED BY AT LEAST ONE

(1) ELECTION ASSISTANT AND SUCH NUMBER OF SUBORDINATE OFFICERS OR EMPLOYEES AS THE COMMISSION MAY APPOINT, IN ACCORDANCE WITH THE ORGANIZATION, STAFFING, POSITION CLASSIFICATION AND COMPENSATION STANDARDS; PROVIDED, THAT THE CITY, MUNICIPAL, OR ELECTION DISTRICT ELECTION OFFICER SHALL BE AUTHORIZED TO HIRE ADDITIONAL PERSONNEL TO PERFORM ADMINISTRATIVE OR CLERICAL FUNCTIONS, SUBJECT TO THE APPROVAL OF THE COMMISSION, 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. 4. A new Section 53-A is hereby inserted in Article VII,

B.P. No. 881, as amended, to read as follows: "SEC. 53-A. AUTOMATIC CREATION OF POSITIONS OF ELECTION OFFICERS AND ELECTION ASSISTANTS - UPON THE CREATION OF A NEW CITY, MUNICIPALITY, OR ELECTORAL DISTRICT, THE CORRESPONDING POSITIONS OF ELECTION OFFICER AND ELECTION ASSISTANTS SHALL AUTOMATICALLY BE CREATED IN ACCORDANCE WITH APPLICABLE LAWS. THE COMMISSION SHALL SUBMIT TO THE DEPARTMENT OF BUDGET AND MANAGEMENT (DBM) A RESOLUTION REFLECTING THE NECESSARY ADJUSTMENTS IN THE ORGANIZATION AND STAFFING OF THE CONCERNED ELECTION OFFICE. THE DBM

SHALL ACT ON THE RESOLUTION WITHIN SIXTY (60) DAYS FROM SUBMISSION. THERE SHALL BE AT LEAST ONE (1) ELECTION ASSISTANT FOR EVERY TWENTY THOUSAND (20,000) REGISTERED VOTERS."

SEC. 5. A new Section 53-B is hereby inserted in Article VII,

B.P. No. 881, as amended, to read as follows: "SEC. 5-B. ASSIGNMENT IN FIELD OFFICES. - NO OTHER PERSONNEL, EXCEPT THOSE MENTIONED IN SECTION 53 OF THIS ACT OR AS OTHERWISE EXPRESSLY AUTHORIZED BY LAW, SHALL BE ASSIGNED, DESIGNATED, OR DETAILED TO ANY FIELD OFFICE OF THE COMMISSION. THE HIRING OF ADDITIONAL ADMINISTRATIVE OR CLERICAL PERSONNEL SHALL BE UNDERTAKEN SOLELY BY THE COMMISSION, SUBJECT TO ITS INTERNAL RULES AND EXISTING CIVIL SERVICE LAWS. ANY PUBLIC OFFICIAL OR EMPLOYEE WHO UNLAWFULLY ASSIGNS, DESIGNATES, OR DETAILS PERSONNEL TO A FIELD OFFICE, IN VIOLATION OF THIS PROVISION, SHALL BE SUBJECT TO ADMINISTRATIVE AND DISCIPLINARY SANCTIONS, WITHOUT PREJUDICE TO PROSECUTION FOR ELECTION OFFENSES OR OTHER LIABILITIES UNDER APPLICABLE LAWS."

SEC. 6. Section 55, Article VII of the "Omnibus Election Code

of the Philippines", as amended, 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 tocal 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 te the funds of the local government concerned.] THE COMMISSION SHALL PROVIDE SEPARATE AND INDEPENDENT OFFICE SPACES FOR ITS FIELD OFFICES, THE COST OF WHICH SHALL BE CHARGED TO ITS YEARLY APPROPRIATIONS. IN THE ABSENCE OF AVAILABLE COMMISSION-OWNED OR LEASED FACILITIES, THE COMMISSION MAY CO-LOCATE WITH OFFICES OF OTHER NATIONAL GOVERNMENT AGENCIES, BUT IN NO CASE SHALL SUCH OFFICES BE SITUATED WITHIN PREMISES OWNED, CONTROLLED, OR PROVIDED BY LOCAL GOVERNMENT UNITS."

SEC. 7. Appropriations. - The initial amount for the

implementation of this Act shall be charged against the current available appropriations of the Commission. Thereafter, the funding of which shall be included in the annual General Appropriations Act.

SEC. 8. Transitory Provision. - 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.

SEC. 9. Implementing Rules and Regulations. - Within ninety

(90) days from the effectivity of this Act, the Chairperson of the Commission shall, in coordination with the Secretary of the Interior

1 and Local Government and the Secretary of Budget and Management, 2 promulgate the rules and regulations implementing the provision of this Act.

SEC. 10. Separability Clause. - If any portion or provision of

6 this Act is declared unconstitutional, the remainder of this Act or any 7 provision not affected thereby shall remain in force and effect.

SEC. 11. Repealing Clause. - All other laws, acts, presidential

decrees, executive orders, issuances, presidential proclamations, rules 11 and regulations or parts thereof, which are contrary to and inconsistent 12 with any provision of this Act, are hereby repealed, amended or modified accordingly.

SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,