ELECTION
LAWSOF
THE PHILIPPINESFull Text
This
web page contains the full text ofCOMELEC
Resolution No. 3584IN
THE MATTER OF THE RECOMMENDATION ON THE REQUEST FOR A TWO-DAY
ADDITIONAL
REGISTRATION OF NEW VOTERS.
COMELEC
RESOLUTION NO. 3584IN
THE MATTER OF THE RECOMMENDATION ON THE REQUEST FOR A TWO-DAY
ADDITIONAL
REGISTRATION OF NEW VOTERS.
This pertains
to the letter of Senator Raul S. Roco dated 25 January 2001 requesting
for a two-day additional registration of new voters, which reads:chanroblesvirtuallawlibrary
"Pursuant to
its oversight functions, the Committee on Electoral Reforms, Suffrage
and
People’s Participation would like to invite you in a public hearing
regarding
Extension of the Registration of Voters to Accommodate Those Who Were
Not
Able to Do So Before the Comelec Deadline Last December 27, 2000.
"The
Meeting
will be held on Monday, January 29, 2001, 1:00 in the afternoon at
Senator
Geronima T. Pecson Room, 2nd Floor, Senate of the Philippines, New GSIS
Headquarters Building, Pasay City."
On 29 January 2001,
Comms. Luzviminda G. Tancangco and Ralph C. Lantion and Consultant
Resurreccion
Z. Borra submitted Memorandum No. 2001-027 on the Report on the Request
for a Two-Day Additional Registration of New Voters Only:chanroblesvirtuallawlibrary
"Please be
advised that the undersigned attended the public hearing called by the
Senate Committee on Electoral Reforms, Suffrage and People’s
Participation
presided over by Hon. Sen. Raul Roco, its Committee Chairman to date at
the Senate, New GSIS Headquarters Building, Pasay City. The main agenda
item is the request by youth organizations to hold additional two days
of registration. Thus participating students and civic leaders along
with
Comelec Representatives were in agreement that it is legally feasible
to
have a two-day additional registration of voters to be conducted
preferably
on February 17 and 18, 2001 nationwide. The deadline for the continuing
voters registration under R.A.
8189 is December 27, 2000.
"To
address
the concern that this may open the flood parts for ‘hakot system’,
certain restrictive parameters were discussed. The following guidelines
to serve as safeguards against fraudulent applicants:chanroblesvirtuallawlibrary
1.
The
applicants for the registration shall be 25 years of age or less and
will
be registering for the first time on May 14, 2001;
2.
The
applicants shall register in their places of residences; and
3.
The
applicants shall present valid identification documents, like school
records.
"Preparatory
to
the registration days, the following activities are likewise agreed:chanroblesvirtuallawlibrary
1.
Submission
of the list of students and their addresses immediately prior to the
actual
registration of the applicants;
2.
The
Comelec field offices will be given the opportunity to verify the voter
enumerator’s list or conduct ocular inspection;
3.
Availability
of funds for the purpose; and
4.
Meetings
with student groups to ensure orderly and honest conduct of the
registration
and drum up interest to register among the new voters.
"The
rationale
for the additional two-day registration is the renewed political
awareness
and interest to participate in the political process generated by the
recent
political events in the country among our youth. Considering that they
failed to register on December 27, 2000 deadline, they approved for
special
registration days.
"In view
of
the foregoing, the Commission en banc has to discuss all aspects
regarding
their request with directives to the Finance Services Department (FSD)
to submit certified available funds for the purpose, and for the Deputy
Executive Director for Operations (DEDO) for the estimated costs of
additional
two days of registration.
"The
presence
of REDs on January 30 can be used partly for consultations on the
practical
side and logistical requirements of such additional registration days.
The meeting will be set at 1:30 p.m. at the Office of ED."
Later, on 31 January
2001, Executive Director Mamasapunod M. Aguam forwarded the
Recommendation
of the REDs and Senior Staff of COMELEC on the Request for Two-Day
Additional
Registration of New Voters:chanroblesvirtuallawlibrary
"In a public
hearing conducted by the Senate Committee on Electoral Reform, Suffrage
and People’s Participation presided over by the Committee Chairman,
Hon.
Sen. Raul Roco, on January 29, 2001, participating student and civic
leaders
clamored for a two-day Special Registration of New Voters. Immediately,
Hon. Roco made a statement to the media that there will be additional
Registration
of Voters on February 17 and 18, 2001 nationwide.
"The
consultant
of the Commission, Resurreccion Z. Borra, called a consultation meeting
among regional heads and representatives and a number of senior staff
headed
by Executive Director Mamasapunod Aguam in the afternoon of January 30.
And except for Director Jose Tolentino, Jr. of the ASD, it was the
consensus
to disapprove the request for additional registration of voters on the
following:chanroblesvirtuallawlibrary
A.
Legal
Grounds:chanroblesvirtuallawlibrary
1.
The
law on registration of voters, Republic
Act. No. 8189, provides only two (2) systems of registration,
general
and continuing. The general registration had, in fact, already been
conducted
in June 1997, and the continuing registration is being put in operation
in accordance with Section 8 thereof. There is nothing in R.A.
8189 that speaks of additional or special registration. So granting
that Section 29 R.A.
6646 is still in effect, there is no additional or special
registration
to speak of. With [regard] to the continuing registration, Section 8 of
R.A. 8189
is explicit that ‘No registration shall, however, be conducted during
the
period starting one hundred twenty (120) days before a regular
election…’;
2.
Section
35 of R.A.
8189
provides the period to file a petition for exclusion which is anytime
except
one hundred (100) days prior to a regular election. This provision is
intended
to secure the voter of his substantive right to be included in the List
of Voters. If additional registration of voters has to be conducted,
then
the period to file a petition for exclusion has also to be adjusted to
a later date. And this will constitute a diminution of the right of a
voter
to be secure in the inclusion of his/her name in the List of Voters
within
a reasonable period immediately preceding the date of an election.
B.
Operational Grounds:chanroblesvirtuallawlibrary
1.
Election
Officers are already on the double time of finalizing the Project of
Precincts
and precinct maps for the May 14, 2001 Elections. If we conduct
additional
registration on February 17 and 18, then we will have to publish the
names
of the new applicants for registration for at least one week before the
Election Registration Boards could convene and act on the new
applications.
Then the EOs will make the encoding, and then the adjustments in the
Project
of Precincts and in the precinct maps. And only then can they print the
Computerized List of Voters, make a comparison of the List of Voters
and
the Book of Voters, and finally to authenticate the List of Voters and
seal the Book of Voters. Simply, we don’t have time left to accomplish
all these pre-election activities;
2.
Corollary
to no. 1, the bidding, printing and procurement of the election forms
can
only be done after the Election Officers have submitted their final
Project
of Precincts to the Central Office. And it will take time to offer for
bid, print, to procure, and to deliver the election forms.
"In addition,
how
many of those who were not able to register compared to those who were
able to avail the continuing registration. We just conducted the
enumeration
under the National Precinct Mapping and CVL Verification Project during
which prospective registrants were advised to avail of the continuing
registration.
If as alleged that we lacked in the information campaign, how come a
great
majority were able to register."
Deliberating on
the foregoing memoranda, the Commission RESOLVED, as it hereby
RESOLVES,
to deny the request to conduct a two-day additional registration of new
voters on February 17 and 18, 2001.
Let the Executive
Director implement this resolution.
SO ORDERED.
(Sgd.)
RUFINO S.B. JAVIER, Acting Chairman
(Sgd.)
LUZVIMINDA G. TANCANGCO, Commissioner
(Sgd.)
RALPH C. LANTION, Commissioner
(Sgd.)
MEHOL K. SADAIN, Commissioner
Promulgated:
08 February 2001. Back
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