A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the
Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1187
PRESIDENTIAL DECREE NO. 1187 -
PROVIDING FOR A GENERAL REGISTRATION OF ALL QUALIFIED VOTERS THROUGHOUT
THE PHILIPPINES
|
chanroblesvirtualawlibrary
WHEREAS, an
accurate and complete listing of all qualified voters in a constituency
is indispensable to the holding of free, orderly and honest elections,
plebiscite and referenda; chanroblesvirtualawlibrary
WHEREAS, the registration of voters through the permanent and
continuing system established under the Election Code of 1971 has not
been implemented since the ratification on January 17, 1973 of the 1973
Constitution, due to certain provisions of the new Charter which
rendered some aspects of the system inoperative;chanroblesvirtualawlibrary
WHEREAS, the 1973 Constitution reduced the voting age from twenty one
to eighteen and enfranchised illiterate citizens possessing the
necessary qualifications;chanroblesvirtualawlibrary
WHEREAS, there is necessity to update the list of qualified voters
throughout the Philippines to assure that the results of elections,
plebiscites and referenda shall be truly reflective of the will of the
people;chanroblesvirtualawlibrary
WHEREAS, furthermore, specific problems usually confronting the voters
on election day, such as locating their place of voting, identifying
themselves as voters, etc., are expected to be obviated if a new and
general registration of qualified voters is undertaken;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, hereby decree;chanroblesvirtualawlibrary
Section 1. General Registration of Qualified Voters.
— There shall be a general registration of qualified voters in all
voting centers throughout the Philippines on the date or dates to be
fixed by law, which shall not be later than the end of October,
1977. chanroblesvirtualawlibrary
Section 2. Permanent and Continuing System of
Registration. — Notwithstanding the registration herein provided, any
qualified voter may register under the permanent and continuing system
of registration as provided in Presidential Decree No. 1099, dated
February 25, 1977.
Section 3. Necessity of Registration. — A qualified
voter must be duly registered as such to entitle him to cast his vote
in any election, plebiscite or referendum.
Section 4. Qualifications of a voter. — Any citizen
of the Philippines, not otherwise disqualified by law, eighteen years
of age or over, who has resided in the Philippines for at least one
year and in the city, municipality or municipal district where the
proposes to vote for at least six months immediately preceding the
election, may register as a voter.
Any person who cannot read and write or who is physically unable to
write his application for registration but who possesses all the
qualifications of a voter and none of the disqualifications may
register in the manner hereinafter prescribed.
Section 5. Disqualifications. — The following shall
be disqualified from registering:cralaw:red
(a) Any person who has been sentenced by final
judgment to suffer imprisonment for not less than one year, such
disability not having been removed by plenary pardon; provided,
however, That any person disqualified to vote under this paragraph
shall automatically reacquire the right to vote upon expiration of ten
years after service of sentence unless during such period, he shall
have been sentenced by final judgment to suffer an imprisonment of not
less than one year.
(b) Any person who has been adjudged by final
judgment by competent court or tribunal of having violated his oath of
allegiance to the Republic of the Philippines.
(c) Insane or feeble-minded persons.
(d) Persons suffering temporary special
disqualifications from exercising the right of suffrage in accordance
with existing law.
Section 6. Appointment of registration committee. —
The Commission shall, directly or through its duly authorized
representatives, appoint, at least ten days before the registration day
a citizens registration committee for each voting center to be composed
of a chairman, a poll clerk, and a third member. The chairman and the
poll clerk shall be public school teachers. The third member shall be a
member of the barangay council, to be proposed by the barangay captain
(See Memo. Cir. No. 1013, post.)
Section 7. Qualifications of members of the
registration committee. — No person shall be appointed nor shall act as
chairman or members of the registration committee or substitute, unless
he is of good moral character and irreproachable reputation, a
qualified voter of the municipality, has never been convicted of any
election offense or of any other crime punishable by more than six
months of imprisonment, or if he has pending against him an information
for any election offense. He must know how to speak and write English
or the local dialect. chanroblesvirtualawlibrary
Section 8. Powers of the Registration Committee. —
The citizens registration committee shall have the following powers and
functions:cralaw:red
a. Undertake the registration of voters as authorized
herein;chanroblesvirtualawlibrary
b. Act as deputies of the Commission in the
supervision and control of the registration in the centers wherein they
are assigned to assure that registration of qualified voters shall be
done in a free, orderly and honest manner;chanroblesvirtualawlibrary
c. Perform such other functions prescribed by this
Decree or the rules and regulations promulgated by the Commission.
Section 9. Voting centers to be used for Registration
Purposes. — Without prejudice to the establishment of new voting
centers, transfer, merger or splitting or existing ones, the voting
centers which functioned as such during the referendum-plebiscite of
October 1976 shall be used as the centers for purposes of the
registration of voters.
Section 10. Creation of new voting centers. — In
places where there are no existing voting centers and there are at
least two hundred voters, the Commission may authorized the
establishment of new voting center or take steps to place such areas
under existing voting centers. Said centers shall, as far as
practicable, be located in public school buildings or other public
buildings upon consultation with local officials and other persons
concerned.
The creation of new voting centers shall be communicated to the
Division Superintendent of Schools and the Provincial Election
Supervisor concerned in order that the corresponding members of the
election committees may be duly appointed.
Section 11. Applications for Registration. — Every
person desiring to be registered shall personally appear before the
citizens election committee in the voting center nearest his place of
residence and, under oath taken before the said citizens election
committee, sign and affix the imprint of the thumb of his right and
left hands to a statement in triplicate, wherein the following appear:cralaw:red
(a) Name, Surname, and middle/maternal surname;chanroblesvirtualawlibrary
(b) Date and place of birth;chanroblesvirtualawlibrary
(c) Citizenship;chanroblesvirtualawlibrary
(d) Sector, if any
(e) Periods of residence of the Philippines and in
the place of registration; chanroblesvirtualawlibrary
(f) Exact address with the name of the street and the
house number, or in case there be none, a brief description of the
locality and place;chanroblesvirtualawlibrary
(g) A statement that he possesses all the
qualifications required of a voter and that he is not in any way
legally disqualified from voting;chanroblesvirtualawlibrary
(h) A statement that he has not applied for
registration with the election registrar or in any other voting center.
Section 12. Use of 1971 Book Voters. — Whenever
practicable and in order to facilitate the registration of voters,
especially of those previously registered in the 1971 elections, the
Commission on Elections may authorize the delivery to the proper voting
center of the voters affidavits from the City of Municipal File of each
City or Municipality, which shall be validated and properly entered in
the list of voters whenever warranted.
Section 13. Illiterate or disabled applicants. — Any
applicant for registration who is illiterate or physically unable to
prepare the application by himself may appear before the citizens
election committee in the voting center nearest his place of residence,
accompanied by a person of his confidence, preferably a relative by
affinity or consanguinity within the fourth civil degree. The person
thus chosen shall prepare the application for registration in
accordance with the data supplied by the applicant. The illiterate or
disabled applicant shall be required to affix the thumbmarks or his
left and right hands in the presence of the citizens election committee.
Section 14. Identification of applicants. — Any
applicants for registration who is not known to the members of the
citizens election committee may be identified by any voter of the
barangay or by the production of any paper or document showing his
identity.
Section 15. Approval or disapproval of application. —
Upon receipt of the sworn application for registration, the citizens
election committee shall approve it if it finds the applicant
possessing all the qualifications and none of the disqualifications of
a voter. Upon approval, the committee shall forthwith issue a
certificate of registration to the voter. chanroblesvirtualawlibrary
If the applicant does not possesses all the qualifications or has any
of the disqualifications of a voter, the committee shall disapprove the
application.
Section 16. Certificate of registration. — The
certificate of registration issued to the voter as provided under the
preceding section shall serve and be considered as an identification of
the registered voter; Provided, however, That no voter shall be
required to present his certificate of registration on election,
plebiscite or referendum day if his identity be shown by other records
or fingerprints in his approved application in the precinct book or if
he is identified under oath by a member of the election committee or by
a duly accredited watcher.
A voter previously registered in accordance with Section 2 hereof
shall, upon request, be issued a certificate of registration by the
election registrar concerned.
No extra copy or duplicate of the certificate of registration shall be
prepared and issued except upon authority of the Commission.
Section 17. Challenge of right to register. — Any
person applying for registration may be challenged before the citizens
election committee on any registration day by any member of the
committee, watcher, or any member of the barangay concerned. The
committee shall then examine the challenged person and shall receive
such other evidence as it may deem pertinent, after which it shall
decide whether the applicant shall be registered or not.
All challenges shall be heard and decided without delay, and in any
case, within one hour after receiving the evidence. Thereafter, the
committee shall duly inform the persons concerned of its action.
Section 18. Preparations of the list of voters. —
After every meeting for registration of voters, the citizens election
committee shall prepare an alphabetical list of voters in triplicate
based on the approved applications for registration. The list of
registered voters shall contain six columns, as follows: In the first
column there shall be entered, at the time of the closing of the list
before each election, a number opposite the name of each voter
registered, beginning with number one continuing in consecutive order
until the end of the list. In the second column, the surnames generally
sued by such persons shall be written in alphabetical order followed by
their respective christian or first names, without abbreviations of any
kind. In the third column, the respective residence of such persons
with the name of the street and house number, or, in case there be
none, a brief description of the locality or place. In the fourth
column, there shall be recorded on the day of the election the number
of the ballot which was given to the voter. In the fifth column, the
voter shall stamp on the day of the election the mark of the thumb or
his right hand and under said mark his signature, and in the sixth
column, the signature of the member of the committee who has handed the
ballot to the voter. It shall be the duty of the election committee to
see to it that the thumbmark is stamped plainly.
The purposes of preparation of the list, the election registrar shall
deliver to the proper citizens election committee all the approved
applications under his custody pertaining to the voting center for
inclusion in the list of voters on the first registration day.
Section 19. Certification of the election committee.
— Upon the adjournment of each meeting for the registration of voters,
the election committee shall close each alphabetical group or surnames
of voters by writing the date on the next line blank, which shall be
forthwith signed by each member, and, before adding a new name on the
same page at the next meeting, it shall write the following: "Added at
the.meeting," Specifying if it is the second, third or fourth
meeting of the committee and the date thereof. If the meeting adjourned
is the last one for the registration of voters, the committee, shall,
besides closing each alphabetical group of voters as above provided,
add at the end of the list a certification (a) of the corrections and
cancellations made in the list, specifying them, or that there has been
none, and (b) of the total number of voters registered in the voting
center. chanroblesvirtualawlibrary
Section 20. Distribution of the lists. — As soon as
the lists of registered voters are completed and duly certified, the
same shall forthwith be distributed as follows: One copy to the
election registrar concerned; one copy to the Provincial Election
Supervisor, in whose offices said list shall be open to public
inspection during regular office hours. In the event that the copy in
possession of the chairman is lost or destroyed, the list of votes in
the custody of the election registrar shall be used on election day.
Section 21. Preservation of voter's application for
registration. — The original of the application for registration of
each voter shall be delivered to the election registrar concerned to be
complied and incorporated alphabetically into the book of voters to be
called the municipal file.
The election committee shall send the duplicate on the day following
the approval of the application to the office of the provincial
election supervisor of the province for inclusion in the provincial
file in accordance with Sec. 127 of Republic Act 6388.
The triplicate shall be delivered to the election registrar for
transmittal to the national central file in the Commission pursuant to
Sec. 128 of said law. All copies of disapproval applications shall be
sent to the election registrar who shall place them in the inactive
file.
Section 22. Watchers. — Civic, religious, youth,
farmers, labor, veterans, women's, professional, service and other
similar organizations may designate under written authority one watcher
each in every registration center to observe the conduct of the
registration in said center, notifying the Election Registrar concerned
of such designation. chanroblesvirtualawlibrary
The watchers shall have the right to stay in the space reserved from
them with the registration center to witness and inform themselves of
the proceedings taking place therein, to take note of what they may see
or hear, to file a protest against any irregularity which they believe
may have been committed by the committee, to obtain from the poll clerk
or secretary a certificate as to the filing of such protest and the
resolution thereon, but they shall not speak to the members of the
registration committee or to the voters, or among themselves in such
manner as to interrupt or disturb the proceedings.
Section 23. Assistance of Barangays, Civic, Youth,
Farmers, Labor, Veterans, Women's Professional, Service and other
organizations. — To facilitate the registration of the maximum number
of qualified voters, the barangay, civic, youth, farmers, labor,
veterans, women, professional, service and other similar organizations
shall, singly or in concert with one another and under the over-all
coordination of the Citizens National Committee on Referenda,
Plebiscites and Election (CINACOR) extend assistance to the Commission
on Elections in the campaign to make all qualified voters register as
such.
Section 24. Inclusion and exclusion proceedings. —
The provisions of Republic Act 6368 on inclusion and exclusion of
voters shall remain in full force and effect and shall apply to
registration of voters under this Decree: Provided, However, That
petitions for inclusion or exclusion shall be filed not later than ten
days after the last day of registration of voters and in no case later
than five days before the day of any election, plebiscite, or
referendum. chanroblesvirtualawlibrary
Section 25. Offenses and penalties. — The offenses
enumerated in the Election Code of 1971 and other related statutes
committed on the occasion of, or in connection with the registration of
voters as decreed herein shall be punished and prosecuted in the same
manner provided in said statutes.
Section 26. Jurisdiction of courts. — City and
Municipal courts shall have jurisdiction to issue warrants of arrest
and to try and decide any criminal action or proceeding for offenses
under this Decree. From the decisions of these courts, appeal lie as in
other criminal cases.
Section 27. Prosecution of offenses. — The Commission
on Elections shall, through its duly authorized legal officers, have
the power to conduct preliminary investigations of all offenses and to
prosecute the same before the proper courts.
Section 28. Powers of the Commission. — The
Commission on Election shall have supervision and control over the
registration of voters herein provided and shall promulgate the rules
and regulations and prescribe the forms necessary to implement this
Decree, procure any supplies, equipment, motor vehicles, materials or
services needed for the holding of the election either by negotiation
or through sealed quotations if it finds the requirements of public
bidding impracticable to observe; hire under contractual basis the
service of personnel if this method is found to be more expedient and
economical; and any provisions of law to the contrary notwithstanding,
authorize the payment of compensation to its official and employees,
and those assigned thereto, for overtime services rendered on
Saturdays, Sundays, holidays and on scheduled working days, at rates in
accordance with existing laws. chanroblesvirtualawlibrary
Section 29. Suppletory Statutes. — All provisions of
Republic Act 6368, Presidential Decree No. 1099 and other pertinent
statutes, not inconsistent with this decree shall have suppletory force
and effect thereto.
Section 30. Appropriations. — The fund necessary to
implement this decree shall be appropriated under the law fixing the
date or dates of the registration.
Section 31. Repealing Clause. — All laws, decrees,
rules and regulations or parts thereof, inconsistent with the
provisions of this decree are hereby repealed, amended or modified
accordingly.
Section 32. Effectivity. — This decree shall take
effect upon approval.
DONE in the City of Manila this
27th day of August in the year of Our Lord, nineteen hundred and
seventy-seven.
|
Back
to Home
- Back
to Main
chanroblesvirtuallawlibrary
Since 19.07.98
|