Imagine it's 2 AM on election night. Hundreds of COMELEC workers are still counting ballots, encoding results, and managing polling stations. They've been at it since before sunrise. RA 4364 is the law that says: oo, babayaran kayo ng tama para sa oras na 'yan. It's a short law, but it has a real impact on every election you've ever voted in.
Real Filipino Scenario: Ang Boto Mo, Ang Trabaho Nila
Berto is a 45-year-old farmer from Pasig who moonlights as a Board of Election Inspectors (BEI) member — a temporary COMELEC-assigned role — during every barangay or national election.
On election day, his shift starts at 5 AM and he doesn't finish until almost midnight after the last votes are counted, the forms signed, and the ballot boxes sealed. That's roughly 19 hours straight — on a Sunday, no less.
Before RA 4364, there was no clear legal basis to compensate temporary COMELEC personnel for those brutal overtime hours.
With RA 4364, Berto's overtime hours on that Sunday are compensable. COMELEC is authorized to pay him additional compensation for work rendered beyond regular hours, on weekends, and on holidays — as long as it's connected to election duties and funding is available in the COMELEC appropriations.
What Berto should do: After his election assignment, he should keep a copy of his official appointment as a COMELEC-assigned worker and ask his supervisor or the Election Officer about the process for overtime pay claims under COMELEC's current implementing guidelines.
What the Law Actually Says
Republic Act No. 4364, approved on June 19, 1965, amended RA No. 180 (the Revised Election Code) by inserting Section 5-A, which reads:
"Any provision of existing law to the contrary notwithstanding, the Commission on Elections may authorize the payment of compensation from appropriations provided for election to its officials and employees, and those assigned thereto, except the Chairman and members of the said Commission, for overtime services rendered on Saturdays, Sundays and holidays, or after required office hours on regular working days in connection with election, at rates to be fixed by the Commission on Elections which shall not exceed the rates of their regular monthly compensation. Such additional compensation shall not exceed, for any one month, the equivalent of their regular monthly compensation."
Breaking that down:
- Who is covered: COMELEC officials and employees, plus those assigned to COMELEC (like deputized government workers and BEI members during elections).
- Who is excluded: The COMELEC Chairman and Commissioners themselves.
- When does overtime apply: Work done on Saturdays, Sundays, holidays, or beyond regular office hours — as long as it's election-related.
- How much: COMELEC sets the rate, but it cannot exceed the worker's regular monthly pay rate. And total overtime pay in a single month cannot exceed one full month's regular salary.
- Funding: The pay comes from COMELEC's own election appropriations — hindi mula sa ibang pondo.
What This Means for You
Most Filipinos don't work at COMELEC. So bakit ka dapat mag-alaga dito?
Because elections don't run on magic. They run on people — teachers deputized as BEI members, IT staff encoding results, police assigned to polling centers, and thousands of casual and contractual workers mobilized every election season.
When these workers are underpaid or not compensated for overtime, two things happen: morale drops, and capable people stop volunteering for election duty.
RA 4364 matters to you as a voter because the quality of your elections depends on motivated, fairly compensated workers. A teacher-BEI member who knows she'll be paid for her 18-hour election day is more likely to do her job with care.
It also matters if you or a family member gets deputized for election work. You have a legal basis to ask about overtime compensation — it's not a favor, it's the law.
Real Filipino Scenario: Ang Edge Case — Assigned pero Hindi Regular na Empleyado
Sarah is a 33-year-old social worker employed by the Lapu-Lapu City government. Three months before the barangay elections, she receives a COMELEC deputation order — meaning she is officially assigned to COMELEC for election-related duties.
On election day, she renders 16 hours of work at her assigned polling center. She assumes that since she's not a permanent COMELEC employee, she's not entitled to overtime pay.
This is the mistake most Filipinos in her position make.
RA 4364's Section 5-A explicitly covers not just COMELEC's own employees but also those "assigned thereto" — which includes deputized local government employees like Sarah.
However, there's a practical catch: the rate and actual release of payment depends on COMELEC's internal guidelines and available appropriations. The law authorizes the payment; it doesn't automatically guarantee the check.
What Sarah should do: Secure a copy of her deputation order before election day. After the election, coordinate with her assigned COMELEC Election Officer to file an overtime pay request. If her LGU HR or COMELEC personnel office stonewalls her, she can follow up directly with the COMELEC Regional Director or file a query with COMELEC's main office.
What Most Filipinos Get Wrong
"COMELEC workers get rich during elections."
Hindi. The law actually caps overtime pay at a worker's regular monthly salary — and that cap applies per month, not per election day. A BEI member earning ₱20,000/month cannot receive more than ₱20,000 in overtime pay during a single month of election duty, no matter how many extra hours they log.
"The Chairman and Commissioners also get overtime."
Hindi sila kasama. RA 4364 explicitly excludes the COMELEC Chairman and Commissioners from this overtime pay provision.
"All overtime work by a government worker during election season is covered."
Not automatically. The work must be specifically in connection with the election and must be authorized by COMELEC. A government worker who happens to do extra hours on unrelated tasks during election month cannot claim coverage under this law.
"This law applies to private contractors hired by COMELEC."
RA 4364 covers COMELEC officials, employees, and those formally assigned (deputized) to COMELEC. Private contractors operate under separate agreements.
Para sa OFWs / For OFWs
Kung ikaw ay OFW, ang RA 4364 ay may dalawang anggulo na dapat mong malaman:
Bilang isang botante sa ibang bansa:
The people processing your overseas absentee ballots — whether at Philippine embassies, consulates, or Philippine Overseas Labor Offices (POLO/MWOs) — are government personnel who often render significant overtime during overseas voting periods.
The Commission on Elections has jurisdiction over overseas absentee voting under the Overseas Absentee Voting Act (RA 9189). Personnel assigned to overseas voting duties may fall under similar overtime compensation frameworks.
If you're an OFW experiencing problems with overseas voting — long lines, understaffed consulates during voting periods — this is partly a resource and staffing question that connects to how election workers are compensated and deployed.
Bilang isang government employee na naka-assign sa labas ng bansa:
If you are a DFA, DMW, or POLO employee assigned abroad and deputized by COMELEC for overseas election duties, the principle of RA 4364 may apply to your situation — that overtime rendered in connection with election duties is compensable. Coordinate with your agency's HR and with COMELEC's Overseas Voting Secretariat for the specific process.
Para sa mga katanungan: Contact COMELEC's main office at Intramuros, Manila, or reach out through the Philippine Embassy or MWO in your host country for election-related concerns.
Real Filipino Scenario: Ang OFW Angle — Caregiver sa Hong Kong
Gabby is a 38-year-old caregiver based in Hong Kong who has been registered as an overseas absentee voter for years. During the last national elections, she noticed that the Philippine Consulate General in Hong Kong was severely understaffed during the overseas voting period — long queues, overworked personnel, and some voters turned away near closing time.
She wonders: bakit parang kulang palagi ang tao sa consulate tuwing halalan?
While Gabby herself isn't directly covered by RA 4364 as a voter, her frustration points to exactly the kind of situation the law was meant to address. When COMELEC and DFA personnel assigned to overseas voting don't have clear overtime compensation, there's less incentive to fully staff up and extend hours.
If Gabby wants to advocate for better overseas voting conditions, she can:
- File a formal complaint or suggestion with the COMELEC Overseas Voting Secretariat (ovs@comelec.gov.ph)
- Coordinate with Migrante International or other OFW advocacy groups
- Raise the issue with the Commission on Filipinos Overseas (CFO) or her local Overseas Filipino Workers' Welfare Organization
Her voice as a registered voter matters — and understanding the legal framework behind election staffing is the first step.
What to Do if Your Rights Are Violated
Ano ang Gagawin
Confirm your assignment. Secure a written copy of your COMELEC appointment, deputation order, or assignment letter. This is your proof of covered status under RA 4364.
Document your hours. Keep a personal record of your overtime hours, noting whether they fell on weekdays (after regular hours), Saturdays, Sundays, or holidays, and that they were in connection with election duties.
File a formal request with the Election Officer. Submit a written overtime pay claim to your assigned COMELEC Election Officer or Provincial/City/Municipal Director. Ask for the specific COMELEC administrative order governing overtime rates for the current election period.
Escalate to the COMELEC Regional Director. If your Election Officer does not act, bring your documented claim to the COMELEC Regional Director for your area.
Contact COMELEC's main office. You can reach the Commission on Elections at Postigo Street, Intramuros, Manila, or through their official website (comelec.gov.ph) for official queries and complaints.
Consult the Civil Service Commission (CSC). If you are a deputized government employee and your home agency is blocking your claim, the CSC handles compensation disputes involving government workers.
Get free legal assistance. The Public Attorney's Office (PAO) provides free legal advice to qualified individuals. For election-specific legal issues, COMELEC also has a Legal Department you can approach.
Related Laws
- ra-180-revised-election-code — The Revised Election Code, the parent law that RA 4364 amended
- bp-881-omnibus-election-code — Batas Pambansa Blg. 881, the Omnibus Election Code that governs most modern election procedures
- ra-9189-overseas-absentee-voting — The Overseas Absentee Voting Act, relevant for OFW voters and overseas election staff
- ra-6713-code-of-conduct-government-officials — Code of Conduct for government employees, including those on election duty
- ra-7160-local-government-code — Local Government Code, relevant when LGU employees are deputized for COMELEC work
Mga Madalas Itanong / FAQ
Q: Sino ba talaga ang covered ng RA 4364?
A: COMELEC officials and employees, at yung mga formally assigned or deputized to COMELEC for election work — like teachers serving as BEI members, or government workers deputized for election duties. Hindi kasama ang COMELEC Chairman at Commissioners. Hindi rin kasama ang private contractors.
Q: Magkano ang maximum overtime pay na matatanggap?
A: COMELEC sets the specific rates, but the law caps it in two ways: (1) the hourly/daily rate cannot exceed your regular monthly pay rate, and (2) your total overtime pay in any single month cannot exceed your full regular monthly salary. So kung ₱25,000 ang monthly mo, hindi ka makakakuha ng higit sa ₱25,000 na overtime sa isang buwan.
Q: Paano kung hindi ko mapigilan ang ibang trabaho ng COMELEC — covered pa rin ba ako?
A: The overtime must be specifically connected to election duties. If you're a deputized worker doing election-related tasks, yes. If you're just doing your regular job during election season, hindi applicable ang RA 4364 — your regular overtime rules under your agency or the Labor Code (for private sector) apply instead.
Q: Bakit hindi kasama ang COMELEC Chairman at Commissioners?
A: The law explicitly excludes them ("except the Chairman and members of the said Commission"). Constitutional commissioners typically have separate compensation frameworks set by the Constitution and other laws. The overtime provision was designed for rank-and-file staff and temporarily assigned workers who bear the operational brunt of election work.
Q: Bilang OFW, pwede bang makita ko kung tama ba ang trabaho ng mga COMELEC-assigned staff sa aming consulate?
A: As a registered overseas absentee voter, you have the right to a fair and accessible voting process. If you observe understaffing or irregularities during overseas voting, you can file a formal complaint with the COMELEC Overseas Voting Secretariat. Hindi ka direktang covered ng RA 4364 bilang botante, pero ang iyong karapatan sa maayos na eleksyon ay protektado ng RA 9189 (Overseas Absentee Voting Act).
Sources
Republic Act No. 4364 (1965). An Act to Amend Republic Act Numbered One Hundred Eighty Entitled "The Revised Election Code." The Lawphil Project — Arellano Law Foundation. (archived at)
Commission on Elections (COMELEC). Official Website. https://www.comelec.gov.ph
Republic Act No. 9189 (2003). The Overseas Absentee Voting Act of 2003. Official Gazette of the Republic of the Philippines.
Batas Pambansa Blg. 881 (1985). Omnibus Election Code of the Philippines. The Lawphil Project. (archived at)