Amending B.p. 881 (Omnibus Elections Code)

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 JUL 15 A11:14 First Regular Session ) SENATE RECENED O: S. No. 607 Introduced by Senator Robinhood Padilla AN ACT STRENGTHENING THE INDEPENDENCE OF THE COMMISSION ON ELECTIONS, AMENDING FOR THE PURPOSE PERTINENT PROVISIONS OF BATAS PAMBANSA 881, OTHERWISE KNOWN AS THE "OMNIBUS ELECTIONS CODE," AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE The Commission on Elections (COMELEC) is the primary constitutional body mandated to enforce and administer all laws and regulations governing the conduct of regular and special elections in the Philippines. Like other constitutional commissions, the COMELEC enjoys institutional independence and fiscal autonomy, thereby ensuring its operations are insulated from political influence and interference by the executive, legislative, and judicial branches of government. This structural independence is essential to safeguarding the integrity, fairness, and credibility of electoral processes. Nevertheless, electoral exercises in the country have, at times, been tainted by allegations of fraud, irregularities, and misconduct. In certain instances, officials and employees of the Commission have been implicated-rightly or wrongly-in such accusations, casting doubt on the institution's impartiality and operational autonomy. One aspect that undermines the Commission's constitutional independence is found in Sections 53 and 55 of the Omnibus Election Code. These provisions provide about staffing patterns and required local government units (LGUs) to furnish suitable office space for provincial election supervisors, election registrars, and their respective staff,

respectively. While intended as an administrative support mechanism, this dependence on local governments may create situations that compromise, or are perceived to compromise, the neutrality and independence of election officials. To uphold the full spirit and letter of the Constitution, it is imperative to revisit and amend Sections 53 and 55 of the Omnibus Election Code. The responsibility for providing office accommodations for election officials should be restored to the Commission on Elections itself, thereby reinforcing its institutional autonomy and removing any potential for undue influence at the local level. The passage of this bill is earnestly sought. ROBINHOOD PADILLA senator f

20 tel Pite ofte TWENTIETH CONGRESS OF THE ) 25 JUL 15 A11:14 REPUBLIC OF THE PHILIPPINES First Regular Session SENATE RECEIVED E S. No. 607 Introduced by Senator Robinhood Padilla AN ACT STRENGTHENING THE INDEPENDENCE OF THE COMMISSION ON ELECTIONS, AMENDING FOR THE PURPOSE PERTINENT PROVISIONS OF BATAS PAMBANSA 881, OTHERWISE KNOWN AS THE "OMNIBUS ELECTIONS 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. Declaration of Policy. - The State hereby affirms and recognizes the

2 independence of the Commission on Elections (COMELEC) as guaranteed under Article 3 IX, Part A, Section 1 of the 1987 Constitution. As such, the State shall ensure and 4 preserve the integrity and independence of the COMELEC by providing suitable office 5 spaces for its field offices with sufficient manpower complement.

Sec. 2. Section 53 of Batas Pambansa Blg. 881 (B.P. 881), as amended,

7 otherwise known as the Omnibus Election Code of the Philippines s" is hereby amende 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 and assisted by AT LEAST ONE ELECTION ASSISTANT AND such other subordinate officers or employees as the Commission may appoint: PROVIDED, THAT THE PROVINCIAL ELECTION SUPERVISOR SHALL HAVE THE SOLE AUTHORITY TO ENGAGE CONTRACTUAL PERSONNEL TO PERFORM ADMINISTRATIVE OR CLERICAL WORK IN ACCORDANCE WITH CIVIL SERVICE LAWS. (3) City/Municipal Election Office, headed by the City/Municipal [Registrar] ELECTION OFFICER who shall be assisted by [an] AT LEAST ONE (1) election [elerk] ASSISTANT and such other SUBORDINATE OFFICERS OR employees as the Commission may appoint: PROVIDED, THAT THE ELECTION OFFICER SHALL HAVE THE SOLE AUTHORITY TO ENGAGE CONTRACTUAL PERSONNEL TO PERFORM ADMINISTRATIVE OR CLERICAL WORK 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. 3. Section 53-A shall be inserted in B.P. 881 to read as follows:

"SEC. 53-A. AUTOMATIC CREATION OF POSITIONS OF ELECTION OFFICERS. - WHENEVER NEW CITIES, MUNICIPALITIES, AND ELECTORAL DISTRICTS ARE CREATED, THERE SHALL BE AUTOMATICALLY CREATED POSITIONS OF ELECTION OFFICERS AND ELECTION ASSISTANTS IN SUCH NUMBER PURSUANT TO THE RATIO ESTABLISHED IN THE SUCCEEDING SECTION."

Sec. 4. Section 53-B shall be inserted in B.P. 881 to read as follows:

"SEC. 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."

Sec. 5. Section 53-C shall be inserted in B.P. 881 as follows:

"SEC. 53-C. NO OTHER PERSONNEL, OTHER THAN THOSE MENTIONED IN SECTION 53 OF THIS ACT, OR EXPRESSLY AUTHORIZED BY LAW, SHALL BE ASSIGNED, DESIGNATED, ENGAGED, OR DETAILED AT THE FIELD OFFICES OF THE COMMISSION, OR SHALL BE ALLOWED TO PERFORM ADMINISTRATIVE OR CLERICAL WORK IN ACCORDANCE WITH THE MANDATE OF THE FIELD OFFICES."

Sec. 6. Section 55 of B.P. 881 is hereby amended to read as follows:

"Sec. 55. Office space. - The [local government concerned] COMMISSION shall provide [a) AN ACCESSIBLE AND 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 locat government concerned, may lease another place for office and the rentals thereof shall be chargeable to the funds of the local government concerned] ITS FIELD OFFICERS AND THEIR STAFF CHARGEABLE TO THE YEARLY APPROPRIATIONS OF THE COMMISSION."

Sec. 7. Transitory Provision. - The local government unit concerned shall

continue to provide a suitable 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. 8. Appropriations. - The initial funding to carry this Act into effect shall

be charged against the current appropriations of the Commission on Elections. Therearter, the amount necessary for the continued implementation and operationalization of this Act shall be included in the General Appropriations Act.

Sec. 9. Separability Clause. - If any provision of this Act is declared invalid or

unconstitutional, the other provisions not affected by such declaration shall remain in full force and effect.

Sec. 10. Repealing Clause. - All laws, executive orders, administrative orders,

and rules and regulations inconsistent with this Act are hereby repealed or amended accordingly.

Sec. 18. Effectivity. - This Act shall take effect fifteen (15) days after its

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