Comelec Integrity Act

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) AUG -4 P5:09 SENATE RECEIVED BY: S. No. 846 Introduced by Senator Jinggoy Ejercito Estrada 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 Commission on Elections is mandated by the Constitution to enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. It also exercises exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. Vested with the important functions and powers safeguarding the voice of the people and the very essence of democracy, it is crucial that this constitutional body preserves its impartiality and independence from any partisan activity or undue influence from any person or organization. Unfortunately, under our existing laws, the COMELEC seemed dependent on the local government units to provide them with office space for their field offices. In

some instances, COMELEC, perhaps due to limited resources and financial constraints, rely on the host LGU for manpower augmentation, supplies and equipment, and other forms of institutional support. While these may appear as practical solutions at first, it cannot be denied that such have deleterious effects on the integrity and overall image of the COMELEC. This measure, which was originally proposed and reported out by the Senate Committee on Electoral Reforms and People's Participation during the 19th Congress, offers COMELEC a way out of this awkward setup and overreliance to local governments, and effectively to incumbent elected officials. This bill seeks to ensure enough budgetary allocations for the COMELEC to fund and construct its own office buildings throughout the country and adequate number of personnel dedicated to implementing our election laws. This is also to unburden our LGUs with the additional responsibility of providing support to election field offices. According to a five-year plan prepared by the Commission, the construction of 1,489 offices at the municipal level, 171 offices at the city level, 82 offices at the provincial level and 15 offices at the regional level will require a total of P18.904 billion. 1 The passage of this legislation is earnestly sought. cigaret L JINGGOY EJERCITO ESTRADA 1 Excluding the cost of lot

Oil ip of the ma TWENTIETH CONGRESS OF THE ) ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -4 P5:09 SENATE RECEIVED BY: S. No. 846 Introduced by Senator Jinggoy Ejercito Estrada 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 the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "COMELEC Integrity

2 Act.

Sec. 2. Statement of Policy. - The State hereby affirms and recognizes the

4 independence of the Commission on Elections (COMELEC) as guaranteed under Article 5 IX, Part A, Section 1 of the 1987 Constitution. As such, the State shall ensure and 6 preserve its integrity and independence by providing suitable office space for its field offices and a sufficient manpower complement.

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, WHOSE OFFICERS AND EMPLOYEES SHALL BE APPOINTED BY THE COMMISSION IN ACCORDANCE WITH THE

ORGANIZATION, STAFFING, POSITION CLASSIFICATION, AND COMPENSATION STANDARDS: "(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 [such] AT LEAST ONE (1) ELECTION ASSISTANT AND SUCH NUMBER OF ASSISTANTS AND 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. IN CITIES HAVING MORE THAN ONE (1) LEGISLATIVE DISTRICT, EACH OF SUCH LEGISLATIVE DISTRICTS SHALL HAVE AN ELECTION OFFICER. EACH ELECTION OFFICER [whol shall be assisted by AT LEAST ONE (1) ELECTION ASSISTANT AND SUCH NUMBER OF 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. Blg. 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 ALSO BE AUTOMATICALLY CREATED

FOR THIS 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. Blg. 881,

6 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 (1) ELECTION ASSISTANT FOR EVERY TWENTY THOUSAND (20,000) REGISTERED VOTERS."

Sec. 6. A new Section 53-C is hereby inserted in Article VII of B.P. Blg. 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 Blg. 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 shall provide a suitable place for the office of the provincial election superviser 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 to the funds of the local government concerned.] THE COMMISSION ON ELECTIONS SHALL PROVIDE AN ACCESSIBLE, SEPARATE, AND INDEPENDENT OFFICE OF 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 17 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 19 the election officer and his staff until such time that the Commission on Elections has 20 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

approval 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

27 Act shall be included in the annual General Appropriations Act.

Sec. 11. Repealing Clause. - All other laws, acts, presidential decrees, executive

29 orders, issuances, presidential proclamations, rules and regulations or parts thereof, which are contrary to or 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 immediately following the

completion of its publication either in the Official Gazette or in two (2) newspapers of 6 general circulation. Approved,