Comelec seeks 'overhaul' of Omnibus Election Code

The Commission on Elections on Saturday proposed an ''overhaul'' of the 40-year-old Omnibus Election Code.

“Ang ating Omnibus Election Code ay 1985 pa. Wala pa itong pagbabago. Mahirap magpatupad ng batas ngayong moderno na tayo. Marami nang nangyari, madami nang pagbabago pero mga lumang batas pa rin ang ating ipinatutupad,” Comelec Chairperson George Garcia said in an interview with Super Radyo dzBB.

(Our Omnibus Election Code was passed in 1985. It has not changed yet. It’s hard to implement laws now that we are in modern times. A lot has happened, a lot of changes have occurred but we are still enforcing old laws.)

“Dapat hindi amendment, dapat tawagin nating revision. Kinakailangang overhaul talaga. Magmula sa registration, filing ng candidacy, mga disqualification, at cancellation ng candidacy,” he added.

(We should call them revisions instead of amendments. We really need an overhaul, starting from registration, filing of candidacies, disqualifications, and cancellation of candidacy.)

In 2023, the Comelec finished the 964-page proposed amendments to the OEC or Batas Pambansa Blg. 881. 

Among the changes proposed by the Comelec are criminalizing nuisance candidacies, restricting candidate substitution to cases of death and disqualification, prohibiting premature campaigning once the certificate of candidacy (COC) has been filed, and updating campaign spending limits.

It also proposed to amend the rules on party-list groups, restrict the number of seats that can be held, support underrepresented groups, and impose restrictions on campaign contributions.

Garcia also took note of initiatives to ban political dynasties.

“Maaaring ito na ang tamang panahon na magkaroon ng tunay na batas upang maipatupad ang anti-political dynasty provision ng ating Saligang Batas,” he said.

(This may be the right time to have a law to implement the anti-political dynasty provision of our Constitution.)

The Comelec also sought authority to expand the COC filing requirements.

“Sana bigyan kami ng kapangyarihan na mag-require na dagdag na dokumento sa mga nagpa-file ng kandidatura, halimbawa, birth certificate,” Garcia said.

(I hope we are given the power to require additional documents from those filing candidacies, for example, a birth certificate)

Senator Imee Marcos recently filed Senate Bill 425 seeking to revise and recodify all election statutes, saying certain provisions of the OEC are "outrightly ill-suited for modern times."  —Jiselle Anne Casucian/VBL, GMA Integrated News