• . Senate sod Offer of the errory TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session FEB 10 A9:38 SENATE RECEIVED BY S. No. _ 1810 Introduced by Senator Bam Aquino AN ACT STRENGTHENING THE COMMISSION ON ELECTIONS BY INCREASING THE MANPOWER COMPLEMENT IN ITS FIELD OFFICES, PROVIDING OFFICE SPACES SEPARATE AND INDEPENDENT FROM LOCAL GOVERNMENT UNITS, AND APPROPRIATING FUNDS THEREFOR, AMENDING FOR THE PURPOSE BATAS PAMBANSA BLG. 881, OTHERWISE KNOWN AS THE "OMNIBUS ELECTION CODE OF THE PHILIPPINES", AS AMENDED EXPLANATORY NOTE The credibility of our elections depends on a Commission on Elections (COMELEC) that is not only independent in law, but also in practice. Unfortunately, many of its field offices still rely on local government units (LGUs) for office space and basic support, which creates opportunities for undue pressure and increased vulnerability, ultimately weakening public confidence in the impartiality of election administration. At the same time, limited manpower in local election offices strains COMELEC's ability to effectively carry out voter registration, election preparation, and enforcement of election laws. This bill strengthens COMELEC's institutional independence by providing its field offices with separate and independent office spaces funded through national appropriations, and by increasing and rationalizing the manpower complement in provincial, city, and municipal election offices. It also establishes safeguards to prevent unauthorized personnel from being assigned to COMELEC field offices. By professionalizing and insulating the Commission's local operations from political and administrative pressures, this measure reinforces the integrity of election administration at the ground level, where the credibility of our democracy is ultimately tested.
Strong elections require a strong, independent COMELEC. This bill helps ensure that those who safeguard our votes can do their work with the capacity, protection, and institutional independence they need. In view of the foregoing, the passage of this bill is earnestly sought. Ban Aquino
Sendit tras Office of the Bulary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) FEB 10 A9:38 SENATE RECEIVED BY: S. No. - 1810 Introduced by Senator Bam Aquino AN ACT STRENGTHENING THE COMMISSION ON ELECTIONS BY INCREASING THE MANPOWER COMPLEMENT IN ITS FIELD OFFICES, PROVIDING OFFICE SPACES SEPARATE AND INDEPENDENT FROM LOCAL GOVERNMENT UNITS, AND APPROPRIATING FUNDS THEREFOR, AMENDING FOR THE PURPOSE BATAS PAMBANSA BLG. 881, OTHERWISE KNOWN AS THE "OMNIBUS ELECTION CODE OF THE PHILIPPINES", AS AMENDED Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Declaration 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 Commission shall ensure and preserve its integrity and independence by increasing the manpower complement in its field offices and providing office spaces separate and independent from local government units.
Sec. 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 appointI.J, 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 NUMBER OF ASSISTANTS AND other subordinate officers or employees 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 PERSONNEL TO PERFORM ADMINISTRATIVE OR CLERICAL WORKS FOR THE EXPEDIENCY OF SERVICE 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 ELECTION OFFICER FOR THE CITY, MUNICIPAL, OR ELECTORAL DISTRICT RESPECTIVELY. THE CITY, MUNICIPAL, OR ELECTORAL DISTRICT ELECTION OFFICER SHALL BE ASSISTED BY AT LEAST ONE (1) ELECTION ASSISTANT AND SUCH NUMBER OF ASSISTANTS AND SUBORDINATE OFFICERS OR EMPLOYEES AS THE COMMISSION MAY APPOINT IN ACCORDANCE WITH THE ORGANIZATION, STAFFING, POSITION CLASSIFICATION, AND COMPENSATION STANDARDS. AN ELECTION OFFICER IS AUTHORIZED TO HIRE CONTRACTUAL PERSONNEL TO PERFORM ADMINISTRATIVE OR CLERICAL WORK FOR THE EXPEDIENCY OF SERVICE AND IN ACCORDANCE WITH THE 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. 3. New sections to be denominated as Sections 53-A and 53-B are hereby
inserted after Section 53 of the same Act to read as follows: "SECTION 53-A. AUTOMATIC CREATION OF POSITIONS OF ELECTION OFFICERS AND ELECTION ASSISTANTS. - IF A NEW CITY, MUNICIPALITY, OR ELECTORAL DISTRICT IS CREATED, THE POSITIONS OF ELECTION OFFICER AND ELECTION ASSISTANTS ARE AUTOMATICALLY CREATED, IN ACCORDANCE WITH THE ORGANIZATION, STAFFING, POSITION CLASSIFICATION, AND COMPENSATION STANDARDS AND SUBJECT TO THE SUBMISSION TO THE DEPARTMENT OF BUDGET AND MANAGEMENT (DBM) OF A RESOLUTION STATING THE CHANGES IN THE ORGANIZATION AND STAFFING. THERE MUST BE ONE (1) ELECTION ASSISTANT FOR EVERY TWENTY THOUSAND (20,000) REGISTERED VOTERS.
SECTION 53-B. ASSIGNMENT IN FIELD OFFICE. - NO OTHER
PERSONNEL, EXCEPT THOSE MENTIONED IN SECTION 53 OF THIS ACT OR EXPRESSLY AUTHORIZED BY LAW, MAY BE ASSIGNED, DESIGNATED, OR DETAILED AT ANY FIELD OFFICE OF THE COMMISSION. ANY PERSONNEL PERFORMING ADMINISTRATIVE OR CLERICAL WORK MAY ONLY BE HIRED BY THE HEAD OF THE FIELD OFFICE. VIOLATION OF THIS PROVISION CONSTITUTES AN ELECTION OFFENSE."
Sec. 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 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 SHALL PROVIDE SEPARATE AND INDEPENDENT OFFICE SPACES FOR ITS FIELD OFFICES, THE COST OF WHICH SHALL BE CHARGED TO ITS YEARLY APPROPRIATIONS."
Sec. 5. 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 24 Act.
Sec. 6. 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. 7. 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 and Local Government and the Secretary of Budget and Management, promulgate the rules and regulations implementing the provision of this Act.
Sec. 8. Separability Clause. - If any provision of this Act is declared
unconstitutional or invalid, the other provisions not affected thereby shall remain in full force and effect.
Sec. 9. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations, and other issuances inconsistent with this Act are hereby repealed or modified accordingly.
Sec. 10. Effectivity. - This Act shall take effect fifteen (15) days after its
5 publication in the Official Gazette or in a newspaper of general circulation. Approved,