REPUBLIC
ACT NO. 8189
AN
ACT PROVIDING FOR A GENERAL REGISTRATION OF VOTERS, ADOPTING A SYSTEM
OF
CONTINUING REGISTRATION, PRESCRIBING THE PROCEDURES THEREOF AND
AUTHORIZING
THE APPROPRIATION OF FUNDS THEREFOR.
Section 1.
Title. - This Act shall be known as "The Voter’s
Registration
Act of 1996."
Sec. 2. Declaration
of Policy. - It is the policy of the State to systematize the
present
method of registration in order to establish a clean, complete,
permanent
and updated list of voters.
Sec. 3. Definition
of Terms. - As used in this Act:
(a)
Registration
refers to the act of accomplishing and filing of a sworn application
for
registration by a qualified voter before the election officer of the
city
or municipality wherein he resides and including the same in the book
of
registered voters upon approval by the Election Registration Board;
(b)
Registration
Record refers to an application for registration duly approved by the
Election
Registration Board;
(c)
Book
of
Voters refers to the compilation of all registration records in a
precinct;
(d)
List
of
Voters refers to an enumeration of names of registered voters in a
precinct
duly certified by the Election Registration Board for use in the
election;
(e)
Illiterate
or Disabled person refers to one who cannot by himself prepare an
application
for registration because of his physical disability and/or inability to
read and write;
(f)
Commission
refers to the Commission on Elections (COMELEC);
(g)
Election
Registration Board refers to the body constituted herein to act on all
applications for registration;
(h)
Voter’s
Identification Number (VIN) refers to the number assigned by the
Commission
on Elections to a registered voter that shall consist of three (3)
parts:
(1) The current address (city/municipality and province); (2) the
current
precinct assignment of the voter and (3) the permanent birth and name
code
unique to every voter;
(i)
Political
Parties refer to local, regional or national political parties existing
and duly registered and accredited by the Commission;
(j)
Precinct
refers to the basic unit of territory established by the Commission for
the purpose of voting;
(k)
Precinct
Maps refers to a sketch or drawing of a geographical area stated in
terms
of streets or street blocks or sitios the residents of which would
belong
to a particular precinct;
(l)
Polling
place refers to the place where the Board of Election Inspectors
conducts
its proceeding and where the voters cast their votes;
(m)
Voting
center
refers to the building or place where the polling place is located;
(n)
Election
Officer refers to the highest official or authorized representative of
the Commission in a city or municipality; and
(o)
Board
of
Election Inspectors refers to the body which conducts the election in
the
polling place of the precinct usually composed of three (3) public
school
teachers appointed by the Commission.
Sec. 4. Permanent
List of Voters. - There shall be a permanent list of voters
per
precinct in each city or municipality consisting of all registered
voters
residing within the territorial jurisdiction of every precinct
indicated
by the precinct maps.
Such precinct-level
list of voters shall be accompanied by an addition deletion list of the
purpose of updating the list.
For the purpose
of the 1997 general registration, the Commission shall cause the
preparation
and posting of all precinct maps in every barangay nationwide. Five
days
before the 1997 general registration, individual precinct maps shall be
posted at the door of each polling place. Subsequently, the Election
Officer
shall be responsible for the display, throughout the year, of precinct
maps in his office and in the bulletin board of the city or municipal
hall.
The precinct
assignment of a voter in the permanent list of voters shall not be
changed
or altered or transferred to another precinct without the express
written
consent of the voter: Provided, however, That the voter shall not
unreasonably
withhold such consent. Any violation thereof shall constitute an
election
offense which shall be punished in accordance with law.
Sec. 5. Precincts
and their Establishment. - In preparation for the general
registration
in 1997, the Commission shall draw updated maps of all the precincts
nationwide.
Upon completion of the new precinct maps, all the precincts established
in the preceding elections shall be deemed abolished.
For the purpose
of the general registration, the Commission shall create original
precincts
only. Spin-off precinct may be created after the regular elections of
1998
to accommodate additional voters residing within the territorial
jurisdiction
of the original precincts.
The Commission
shall introduce a permanent numbering of all precincts which shall be
indicated
by Arabic numerals and a letter of the English alphabet. Original or
mother
precincts shall be indicated by the Arabic numeral and letter "A of the
English alphabet. Spin-off or daughter precincts shall be indicated by
the Arabic numeral and letter of the English alphabet starting with
letter
B and so on.
No territory
comprising an election precinct shall be altered or a new precinct be
established
at the start of the election period.
Splitting of
an original precinct or merger of two or more original precincts shall
not be allowed without redrawing the precinct map/s one hundred twenty
(120) days before election day.
Sec. 6. Arrangement
of Precincts. - Every barangay shall have at least one (1)
precinct.
Each precinct shall have no more than two hundred (200) voters and
shall
comprise contiguous and compact territories.
(a) A
precinct
shall be allowed to have less than 200 registered voters under the
following
conditions:
(1)
As
soon
as the 200-limit for every precinct has been reached, a spin-off or
daughter
precinct shall be created automatically by the Commission to
accommodate
voters residing within the territorial jurisdiction of the original
precinct.
Thereafter, a separate list of new voters shall be prepared by the
Election
Officer; and
(2) An
island
or group of islands with less than two hundred (200) voters may
comprise
one (1) original precinct.
(b)
Every
case
of alteration of precincts shall be duly announced by posting a notice
thereof in a conspicuous place in the precinct, in the office of the
election
officer and in the city or municipal hall and by providing political
parties
and candidates a list of all the precincts at the start of the campaign
period; and
(c)
Consolidation
or merger of at most three (3) precincts may be allowed: Provided,
That the computerized counting shall be implemented: Provided,
further,
That the merger of such precincts shall be effected ninety (90) days
before
election day.
Sec. 7. General
Registration of Voters. - Immediately after the barangay elections
in 1997, the existing certified list of voters shall cease to be
effective
and operative. For purposed of the May 1998 elections and all
elections,
plebiscites, referenda, initiatives, and recalls subsequent thereto,
the
Commission shall undertake a general registration of voters before the
Board of Election Inspectors on June 14, 15, 21, and 22 and, subject to
the discretion of the Commission, on June 28 and 29, 1997 in accordance
with this Act.
Sec. 8. System
of Continuing Registration of Voters. - The personal filing of
application
of registration of voters shall be conducted daily in the office of the
Election Officer during regular office hours. No registration shall,
however,
be conducted during the period starting one hundred twenty (120) days
before
a regular election and ninety (90) days before a special election.
Sec. 9. Who
may Register. - All citizens of the Philippines not otherwise
disqualified
by law who are at least eighteen (18) years of age, and who shall have
resided in the Philippines for at least one (1) year, and in the place
wherein they propose to vote, for at least six (6) months immediately
preceding
the election, may register as a voter.
Any person who
temporarily resides in another city, municipality or country solely by
reason of his occupation, profession, employment in private or public
service,
educational activities, work in the military or naval reservations
within
the Philippines, service in the Armed Forces of the Philippines, the
National
Police Forces, or confinement or detention in government institutions
in
accordance with law, shall not be deemed to have lost his original
residence.
Any person,
who, on the day of registration may not have reached the required age
or
period of residence but, who, on the day of the election shall possess
such qualifications, may register as a voter.
Sec. 10. Registration
of Voters. - A qualified voter shall be registered in the
permanent
list of voters in a precinct of the city or municipality wherein he
resides
to be able to vote in any election. To register as a voter, he shall
personally
accomplish an application form for registration as prescribed by the
Commission
in three (3) copies before the Election Officer on any date during
office
hours after having acquired the qualifications of a voter.
The application
shall contain the following data:
(a)
Name,
surname,
middle name, and/or maternal surname;
(b)
Sex;
(c)
Date,
and
place of birth;
(d)
Citizenship;
(e)
Civil
status,
if married, name of spouse;
(f)
Profession,
occupation or work;
(g)
Periods
of residence in the Philippines and in the place of registration;
(h)
Exact
address
with the name of the street and house number for location in the
precinct
maps maintained by the local office of the Commission, or in case there
is none, a brief description of his residence, sitio, and barangay;
(i)
A
statement
that the applicant possesses all the qualifications of a voter;
(j)
A
statement
that the applicant is not a registered voter of any precinct; and
(k)
Such
information
or data as may be required by the Commission.
The application
for registration shall contain three (3) specimen signatures of the
applicant,
clear and legible rolled prints of his left and right thumbprints, with
four (4) identification size copies of his latest photograph, attached
thereto, to be taken at the expense of the Commission.
Before the applicant
accomplishes his application for registration, the Election Officer
shall
inform him of the qualifications and disqualifications prescribed by
law
for a voter, and thereafter, see to it that the accomplished
application
contains all the data therein required and that the applicant’s
specimen
signatures, fingerprints, and photographs are properly affixed in all
copies
of the voter’s application.
Sec. 11. Disqualification.
- The following shall be disqualified from registering:
(a) Any
person
who has been sentenced by final judgment to suffer imprisonment of not
less than one (1) year, such disability not having been removed by
plenary
pardon or amnesty: Provided, however, That any person disqualified to
vote
under this paragraph shall automatically reacquire the right to vote
upon
expiration of five (5) years after service of sentence;
(b)
Any
person
who has been adjudged by final judgment by a competent court or
tribunal
of having committed any crime involving disloyalty to the duly
constituted
government such as rebellion, sedition, violation of the firearms laws
or any crime against national security, unless restored to his full
civil
and political rights in accordance with law: Provided, That he shall
automatically
reacquire the right to vote upon expiration of five (5) years after
service
of sentence; and
(c)
Insane
or
incompetent persons declared as such by competent authority unless
subsequently
declared by proper authority that such person is no longer insane or
incompetent.
Sec. 12. Change
of Residence to Another City or Municipality. - Any registered
voter
who has transferred residence to another city or municipality may apply
with the Election Officer of his new residence for the transfer of his
registration records.
The application
for transfer of registration shall be subject to the requirements of
notice
and hearing and the approval of the Election Registration Board, in
accordance
with this Act. Upon approval of the application for transfer, and after
notice of such approval to the Election Officer of the former residence
of the voter, said Election Officer shall transmit by registered mail
the
voter’s registration record to the Election Officer of the voter’s new
residence.
Sec. 13. Change
of Address in the Same City or Municipality. - Any voter who has
changed
his address in the same city or municipality shall immediately notify
the
Election Officer in writing. If the change of address involves a change
in precinct, the Board shall transfer his registration record to the
precinct
book of voters of his new precinct and notify the voter of his new
precinct
All changes of address shall be reported to the office of the
provincial
election supervisor and the Commission in Manila.
Sec. 14. Illiterate
or Disabled Applicants. - Any illiterate person may register with
the
assistance of the Election Officer or any member of an accredited
citizen’s
arms. The Election Officer shall place such illiterate person under
oath,
ask him the questions, and record the answers given in order to
accomplish
the application form in the presence of the majority of the members of
the Board. The Election Officer or any member of an accredited
citizen’s
arm shall read the accomplished form aloud to the person assisted and
ask
him if the information given is true and correct The accomplished form
shall be subscribed by the applicant in the presence of the Board by
means
of thumbmark or some other customary mark and it shall be subscribed
and
attested by the majority of the members of the Board.
The attestation
shall state the name of the person assisted, the name of the Election
Officer
or the member of the accredited citizen’s arm who assisted the
applicant,
the fact that the Election Officer placed the applicant under oath,
that
the Election Officer or the member of the accredited citizen’s arm who
assisted the applicant read the accomplished form to the person
assisted,
and that the person assisted affirmed its truth and accuracy, by
placing
his thumbmark or some other customary mark on the application in the
presence
of the Board.
The application
for registration of a physically disabled person may be prepared by any
relative within the fourth civil degree of consanguinity or affinity or
by the Election Officer or any member of an accredited citizen’s arm
using
the data supplied by the applicant. The fact of illiteracy or
disability
shall be so indicated in the application.
Sec. 15. Election
Registration Board. - There shall be in each city and municipality
as many as Election Registration Boards as there are election officers
therein. In thickly populated cities/municipalities, the Commission may
appoint additional election officers for such duration as may be
necessary.
The Board shall
be composed of the Election Officer as chairman and as members, the
public
school official most senior in rank and the local civil registrar, or
in
this absence, the city or municipal treasurer.
In case of disqualification
of the Election Officer, the Commission shall designate an acting
Election
Officer who shall serve as Chairman of the Election Registration Board.
In case of disqualification or non-availability of the Local Registrar
or the Municipal Treasurer, the Commission shall designate any other
appointive
civil service official from the same locality as substitute.
No member of
the Board shall be related to each other or to any incumbent city or
municipal
elective official within the fourth civil degree of consanguinity or
affinity.
If in succeeding elections, any of the newly elected city or municipal
officials is related to a member of the board within the fourth civil
degree
of consanguinity or affinity, such member is automatically disqualified
to preserve the integrity of the Election Registration Board.
Every registered
party and such organizations as may be authorized by the Commission
shall
be entitled to a watcher in every registration board.
Sec. 16. Compensation
of the Members of the Board. - Each member of the Board shall be
entitled
to an honorarium to Two Hundred Pesos (P200.00) for each day of actual
service rendered in the Board, which amount the Commission may adjust
every
three (3) years thereafter. No member of the Board shall be entitled to
travelling expenses.
Sec. 17. Notice
and Hearing of Applications. - Upon receipt of applications for
registration,
the Election Officer shall set them for hearing, notice of which shall
be posted in the city or municipal bulletin board and in his office for
at least one (1) week before the hearing, and furnish copies thereof to
the applicant concerned, the heads or representatives of political
parties,
and other accredited groups or organizations which actively participate
in the electoral process in the city or municipality. On the date
of the hearing, the Election Officer shall receive such evidence for or
against the applicant.
A registrant
whose application is not seasonably objected to shall be notified in
writing
stating therein that no objection was raised against his application
and
that he need not appear on the date set for the hearing of his
application.
Physical presence of the applicant concerned shall, however, be
mandatory
in all cases where objections against his application have been
seasonably
filed with the proper Election Registration Board for him to rebut or
refute
evidence presented in opposition thereto.
All applications
for registration shall be heard and processed on a quarterly basis. For
this purpose, the Election Registration Board shall meet and convene on
the third Monday of April, July, October, and January of every calendar
year, or on the next following working day if the designated days fail
on a non-working holiday, except in an election year to conform with
the
one hundred twenty (120) days prohibitive period before election day.
Should
one day be sufficient for the processing of all accepted applications,
the Board shall adjourn from day to day until all the applications
shall
have been processed.
Sec. 18. Challenges
to Right to Register. - Any voter, candidate or representative of
a
registered political party may challenge in writing any application for
registration, stating the grounds therefor. The challenge shall be
under
oath and be attached to the application, together with the proof of
notice
of hearing to the challenger and the applicant.
Oppositions
to contest a registrant’s application for inclusion in the voter’s list
must, in all cases, be filed not later than the second Monday of the
month
in which the same is scheduled to be heard or processed by the Election
Registration Board. Should the second Monday of the month fall on a
non-working
holiday, oppositions may be filed on the next following working day.
The
hearing on the challenge shall be heard on the third Monday of the
month
and the decision shall be rendered before the end of the month.
Sec. 19. Power
to Administer Oath and Issue Summons. - For purposes of determining
the right of the applicants to be registered as a voter, the Election
Officer
shall have the power to administer oath, issue subpoena duces tecum
and swear in witnesses. The fees and expenses incidental thereto shall
be paid in advance by the party in whose behalf the summons is issued.
Sec. 20. Approval
and Disapproval of Application. - The Election Officer shall
submit
to the Board all applications for registration filed, together with the
evidence received in connection therewith. The Board shall, by majority
vote, approve or disapprove the applications.
Upon approval,
the Election Officer shall assign a voters identification number and
issue
the corresponding identification card to the registered voter. If the
Board
disapproves the application, the applicant shall be furnished with a
certificate
of disapproval stating the ground therefor. In cases of approval or
disapproval,
any aggrieved party may file a petition for exclusion or inclusion, as
the case may be, with the proper Municipal or Metropolitan Trial Court
as provided for in this Act.
Sec. 21. Publication
of Action on Application for Registration. - Within five (5) days
from
approval or disapproval of application, the Board shall post a notice
in
the bulletin board of the city or municipal hall and in the office of
the
Election Officer, stating the name and address of the applicant, the
date
of the application, and the action taken thereon. The Election Officer
shall furnish a copy of such notice personally, or by registered mail
or
special delivery to the applicant and heads or representatives of
registered
political parties in the city or municipality.
Sec. 22. Preservation
of Voter’s Registration Records. - The Election Officer shall
compile
the original copies of the approved applications for registration per
precinct
and arrange the same alphabetically according to surname. He shall
preserve
the book of voters and ensure its integrity. The second and third
copies
of the registration records shall be sent to the provincial and
national
central files within three (3) days after the approval of the Board.
Sec. 23. Provincial
File. - There shall be a provincial file consisting of the
duplicate
copies of all registration records in each precinct of every city and
municipality
in the province. It shall be in the custody of the Provincial Election
Supervisor and shall be compiled and arranged by precinct, by
municipality
and alphabetically by surnames of voters.
Should the book
of voters in the custody of the Election Officer be lost or destroyed
at
a time so close to election day that there is no time to reconstitute
the
same, the corresponding book of voters in the provincial file shall be
used during the voting.
Sec. 24. National
Central File. - There shall be a national central file under the
custody
of the Commission in Manila consisting of the third copies of all
approved
voter registration records in each city or municipality. It shall be
compiled
by precinct in each city/municipality and arranged alphabetically by
surname
so as to make the file a replica of the book of voters in the
possession
of the Election Officer. Thereafter a national list shall be prepared
following
the alphabetical arrangements of surnames of voters.
There shall
be a national file consisting of the computerized voters’ list (CVL),
both
in print and in diskette, submitted by the Election Officers in each
city
and municipality concerned, under the custody of the Commission in
Manila.
The computerized
voters’ list shall make use of a single and uniform computer program
that
will have a detailed sorting capability to list voters alphabetically
by
the precincts where they vote, by the barangays, municipalities, cities
or provinces where they reside and by their voters identification
number
(VIN).
Sec. 25. Voter’s
Identification Card. - The voters identification card issued to
the
registered voter shall serve as a document for his identification. In
case
of loss or destruction, no copy thereof may be issued except to the
registered
voter himself and only upon the authority of the Commission.
The Commission
shall adopt a design for the voter’s identification card which shall
be,
as much as possible, tamper proof. It shall provide the following: the
name and address of the voter, his date of birth, sex, photograph,
thumbmark,
and the number of precinct where he is registered, the signature of the
voter and the chairman of the Election Registration Board and the
voter’s
identification number (VIN).
Sec. 26. Voter’s
Identification Number (VIN). - The Commission shall assign every
registered
voter a voter’s identification number (V1N) consisting of three parts,
each separated by a dash. For example: 7501 -00191 -C145BCD.
(a)
Part 1:
Current Address of the Voter
(1)
the
first
two digits 75 stand for the province; and
(2)
The
last
two digits, 01, stand for the city, municipality, or a district,
particularly
in Manila.
The
code
assignment
for provinces, cities and municipalities shall follow the Urban Code
devised
by the National Census and Statistics Office (NCSO).
(b)
Part
II:
Current Precinct Assignment of the Voter
(1)
The
first
four digits, 0019, stand for the permanent number of the precinct where
the voter is currently assigned: and
(2)
The
letter
indicates whether it is a mother or a daughter precinct.
The
number assigned
to the precinct in every city or municipality shall be permanent but
the
voter may transfer his precinct number. The VIN reflects the current
precinct
assignment of the voter.
(c)
Part
III:
Permanent Birth and Name Code Unique to the Voter
(1)
The
letter,
C, stands for the month, i.e., A for January, B for February, and so
forth;
(2)
The
next
two digits, 14, stand for the date of birth;
(3)
The
next
two digits, 51, stand for the year of birth; and
(4)
The
last
three letters, BCD, stand for the name code, i.e., Bayani Cruz
Davide.
The
last
three
letters shall stand for the first letter of the first name, the middle
name, and the last name in that order.
The
Commission
shall ensure that Part III hereof of the voter’s identification number
(VIN) shall be permanent and unique to each voter. If necessary, the
Commission
may expand and modify the same.
(d)
The
combined
birth and name code is assigned during the lifetime of every voter.
Upon
transfer of the voter to another precinct, the first two parts of the
VIN
shall change.
Sec. 27. Deactivation
of Registration. - The board shall deactivate the registration and
remove the registration records of the following persons from the
corresponding
precinct book of voters and place the same, properly marked and dated
in
indelible ink, in the inactive file after entering the cause or causes
of deactivation:
(a) Any
person
who has been sentenced by final judgment to suffer imprisonment for not
less than one (1) year, such disability not having been removed by
plenary
pardon or amnesty: Provided, however, That any person disqualified to
vote
under this paragraph shall automatically reacquire the right to vote
upon
expiration of five (5) years after service of sentence as certified by
the clerks of courts of the Municipal/Municipal
Circuit/Metropolitan/Regional
Trial Courts and the Sandiganbayan;
(b)
Any
person
who has been adjudged by final judgment by a competent court or
tribunal
of having caused/committed any crime involving disloyalty to the duly
constituted
government such as rebellion, sedition, violation of the
anti-subversion
and firearms laws, or any crime against national security, unless
restored
to his full civil and political rights in accordance with law;
Provided,
That he shall regain his right to vote automatically upon expiration of
five (5) years after service of sentence;
(c)
Any
person
declared by competent authority to be insane or incompetent unless such
disqualification has been subsequently removed by a declaration of a
proper
authority that such person is no longer insane or incompetent;
(d)
Any
person
who did not vote in the two (2) successive preceding regular elections
as shown by their voting records. For this purpose, regular elections
do
not include the Sangguniang Kabataan (SK) elections;
(e)
Any
person
whose registration has been ordered excluded by the Court; and
(f)
Any
person
who has lost his Filipino citizenship.
For this purpose,
the clerks of court for the Municipal/Municipal
Circuit/Metropolitan/Regional
Trial Courts and the Sandiganbayan shall furnish the Election Officer
of
the city or municipality concerned at the end of each month a certified
list of persons who are disqualified under paragraph (a) hereof, with
their
addresses. The Commission may request a certified list of persons who
have
lost their Filipino Citizenship or declared as insane or incompetent
with
their addresses from other government agencies.
The Election
Officer shall post in the bulletin board of his office a certified list
of those persons whose registration were deactivated and the reasons
therefor,
and furnish copies thereof to the local heads of political parties, the
national central file, provincial file, and the voter concerned.
Sec. 28. Reactivation
of Registration. - Any voter whose registration has been
deactivated
pursuant to the preceding Section may file with the Election Officer a
sworn application for reactivation of his registration in the form of
an
affidavit stating that the grounds for the deactivation no longer exist
any time but not later than one hundred twenty (120) days before a
regular
election and ninety (90) days before a special election.
The Election
Officer shall submit said application to the Election Registration
Board
for appropriate action.
In case the
application is approved, the Election Officer shall retrieve the
registration
record from the inactive file and include the same in the corresponding
precinct book of voters. Local heads or representatives of political
parties
shall be properly notified on approved applications.
Sec. 29. Cancellation
of Registration. - The Board shall cancel the registration records
of those who have died as certified by the Local Civil Registrar. The
Local
Civil Registrar shall submit each month a certified list of persons who
died during the previous month to the Election Officer of the place
where
the deceased are registered. In the absence of information concerning
the
place where the deceased is registered, the list shall be sent to the
Election
Officer of the city or municipality of the deceased’s residence as
appearing
in his death certificate. In any case, the Local Civil Registrar shall
furnish a copy of this list to the national central file and the proper
provincial file.
The Election
Officer shall post in the bulletin board of his office a list of those
persons who died whose registrations were cancelled, and furnish copies
thereof to the local heads of the political parties, the national
central
file, and the provincial file.
Sec. 30. Preparation
and Posting of the Certified List of Voters. - The Board shall
prepare
and post certified list of voters ninety (90) days before a regular
election
and sixty (60) days before a special election and furnish copies
thereof
to the provincial, regional and national central files. Copies of the
certified
list, along with a certified list of deactivated voters categorized by
precinct per barangay, within the same period shall likewise be posted
in the office of the Election Officer and in the bulletin board of each
city/municipal hall. Upon payment of the fees as fixed by the
Commission,
the candidates and heads of registered political parties shall also be
furnished copies thereof.
The Board shall
also furnish two (2) certified copies for said certified list of
voters,
along with a certified list of deactivated voters to the Board of
Election
Inspectors for posting in the polling place and for their reference on
election day.
Sec. 31. Sealing
of Precinct Book of Voters. - The Board shall notify within
fifteen
(15) days before the start of the campaign period of all registered
political
parties and members of the Board of Election Inspectors to inspect and
verify the completeness of the voter’s registration records for each
precinct
compiled in the book of voters.
After verification
and certification by the Board of Election Inspectors and party
representatives
as to the completeness of the voters’ registration records in the
precinct
book of voters, the Board shall seal the book of voters in the presence
of the former at the start of the campaign period and take custody of
the
same until their distribution to the Board of Election Inspectors on
election
day. The Election Officer shall deliver the sealed precinct book of
voters
to the chairman of the Board of Election Inspectors when the latter
secures
its official ballots and other paraphernalia for election day.
Sec. 32. Common
Rules Governing Judicial, Proceedings in the Matter of Inclusion,
Exclusion,
and Correction of Names of Voters. -
(a)
Petition
for inclusion, exclusion or correction of names of voters shall be
filed
during office hours;
(b)
Notice
of
the place, date and time of the hearing of the petition shall be served
upon the members of the Board and the challenged voter upon filing of
the
petition. Service of such notice may be made by sending a copy thereof
by personal delivery, by leaving it in the possession of a person of
sufficient
discretion in the residence of the challenged voter, or by registered
mail.
Should the foregoing procedures not be practicable, the notice shall be
posted in the bulletin board of the city or municipal hall and in two
(2)
other conspicuous places within the city or municipality;
(c)
A
petition
shall refer only to one (1) precinct and implead the Board as
respondents;
(d)
No
costs
shall be assessed against any party in these proceedings. However, if
the
court should find that the application has been filed solely to harass
the adverse party and cause him to incur expenses, it shall order the
culpable
party to pay the costs and incidental expenses;
(e)
Any
voter,
candidate or political party who may be affected by the proceedings may
intervene and present his evidence;
(f)
The
decision
shall be based on the evidence presented and in no case rendered upon a
stipulation of facts. If the question is whether or not the voter is
real
or fictitious, his non-appearance on the day set for hearing shall be
prima
facie evidence that the challenged voter is fictitious; and
(g)
The
petition
shall be heard and decided within ten (10) days from the date of its
filing.
Cases appealed to the Regional Trial Court shall be decided within ten
(10) days from receipt of the appeal. In all cases, the court shall
decide
these petitions not later than fifteen (15) days before the election
and
the decision shall become final and executory.
Sec. 33. Jurisdiction
in Inclusion and Exclusion Case. - The Municipal and Metropolitan
Trial
Courts shall have original and exclusive jurisdiction over all cases of
inclusion and exclusion of voters in their respective cities or
municipalities.
Decisions of the Municipal or Metropolitan Trial Courts may be appealed
by the aggrieved party to the Regional Trial Court within five (5) days
from receipt of notice thereof. Otherwise, said decision shall become
final
and executory. The regional trial court shall decide the appeal within
ten (10) days from the time it is received and the decision shall
immediately
become final and executory. No motion for reconsideration shall be
entertained.
Sec. 34. Petition
for Inclusion of Voters in the List. - Any person whose application
for registration has been disapproved by the Board or whose name has
been
stricken out from the list may file with the court a petition to
include
his name in the permanent list of voters in his precinct at any time
except
one hundred five (105) days prior to a regular election or seventy-five
(75) days prior to a special election. It shall be supported by a
certificate
of disapproval of his application and proof of service of notice of his
petition upon the Board. The petition shall be decided within fifteen
(15)
days after its filing.
If the decision
is for the inclusion of voters in the permanent list of voters, the
Board
shall place the application for registration previously disapproved in
the corresponding book of voters and indicate in the application for
registration
the date of the order of inclusion and the court which issued the same.
Sec. 35. Petition
for Exclusion of Voters from the List. - Any registered voters,
representative
of a political party or the Election Officer, may file with the court a
sworn petition for the exclusion of a voter from the permanent list of
voters giving the name, address and the precinct of the challenged
voter
at any time except one hundred (100) days prior to a regular election
or
sixty-five (65) days before a special election. The petition shall be
accompanied
by proof of notice to the Board and to the challenged voter and shall
be
decided within ten (10) days from its filing.
If the decision
is for the exclusion of the voter from the list, the Board shall, upon
receipt of the final decision, remove the voter’s registration record
from
the corresponding book of voters, enter the order of exclusion therein,
and thereafter place the record in the inactive file.
Sec. 36. Verification
of Registered Voters. - The Election officer shall, in order to
preserve
the integrity of the permanent list of voters, file exclusion
proceedings
when necessary, and verify the list of the registered voters of any
precinct
by regular mail or house to house canvass.
The Commission
may enlist the help of representatives of political parties and
deputize
non-government organizations (NGOs), civic organizations and barangay
officials
to assist in the verification and house to house canvass of registered
voters in every precinct.
Sec. 37. Voter
Excluded Through Inadvertence or Registered with an Erroneous or
Misspelled
Name. - Any registered voter who has not been included in the
precinct
certified list of voters or who has been included therein with a wrong
or misspelled name may file with the Board an application for
reinstatement
or correction of name. If it is denied or not acted upon, he may file
on
any date with the proper Municipal Circuit, Municipal or Metropolitan
Trial
Court a petition for an order directing that his name be entered or
corrected
in the list. He shall attach to the petition a certified copy of his
registration
record or identification card or the entry of his name in the certified
list of voters used in the preceding election, together with the proof
that his application was denied or not acted upon by the Board and that
he has served notice to the Board.
Sec. 38. Voters
Excluded through Inadvertence or Registered with an Erroneous or
Misspelled
Name. - Any registered voter whose registration record has not been
included in the precinct book of voters, or whose name has been omitted
in the list of voters or who has been included therein with a wrong or
misspelled name may file with the Board an application for inclusion of
his record, or reinstatement or correction of his name as the case may
be. If it is denied or not acted upon, the voter may file on any date
with
the proper Municipal or Metropolitan Trial Court a petition for an
order
directing that the voter’s name be entered or corrected in the list.
The
voters shall attach to the petition a certified true copy of his
registration
record or identification card or the entry of his name in the list of
voters
used in the preceding election, together with proof that his
application
was denied or not acted upon by the Board and that he has served notice
thereof to the Board.
Sec. 39. Annulment
at Book of Voters. - The Commission shall, upon verified petition
of
any voter or election officer or duly registered political party, and
after
notice and hearing, annul any book of voters that is not prepared in
accordance
with the provisions of this Act or was prepared through fraud, bribery,
forgery, impersonation, intimidation, force or any similar
irregularity,
or which contains data that are statistically improbable. No order,
ruling
or decision annulling a book of voters shall be executed within ninety
(90) days before an election.
Sec. 40. Reconstitution
of Lost or Destroyed Registration Records. - The Commission shall
reconstitute
all registration records which have been lost or destroyed by using the
corresponding copies of the provincial or national central files. In
case
of conflict the Commission shall determine which file shall be used for
reconstitution purposes. If this is not feasible, the Commission shall
conduct a general registration of voters in the affected area:
Provided,
That there is a scheduled election before the next scheduled general
registration
of voters in accordance with the Omnibus Election Code. All such voters
shall retain their voter’s identification number. Reconstituted forms
shall
be clearly marked with the word "reconstituted."
It shall be
the duty of the Election Officer to immediately report to the
Commission
any case of loss or destruction of registration record in his custody.
The reconstitution
of any lost or destroyed registration records shall not affect the
criminal
liability of any person who is responsible for such loss or destruction.
Sec. 41. Examination
of Registration Records. - All registration records/computerized
voters
list in the possession of the Election officer, the Provincial Election
Supervisor, and the Commission in Manila shall, during regular office
hours,
be open to examination by the public for legitimate inquiries on
election
related matters, free from any charge or access fee.
Law enforcement
agencies may, upon prior authorization and subject to regulations
promulgated
by the Commission, have access to said registration records should the
same be necessary to and in aid of their investigative functions and
duties.
Sec. 42. Right
to Information. - The duly authorized representative of a
registered
political party or of a bona fide candidate shall have the right to
inspect
and/or copy at their expense the accountable registration forms and/or
the list of registered voters in the precincts constituting the
constituency
of the bona fide candidate or at which the political party is fielding
candidates. The inspection and copying shall be conducted during
business
hours of the Commission and shall be subject to reasonable regulations.
Sec. 43. Computerization
at Permanent List of Voters. - A permanent and computerized list
arranged
by precinct, city or municipality, province and region shall be
prepared
by the Commission. Thereafter, another list shall be prepared
consisting
of the names of the voters, arranged alphabetically according to
surnames.
The computer
print-outs of the list of voters duly certified by the Board are
official
documents and shall be used for voting and other election related
purposes
as well as for legitimate research needs.
The total number
of voters in the permanent list shall be the basis for the printing of
the official ballots by the Commission.
Sec. 44. Reassignment
of Election Officers. - No Election Officer shall hold office in a
particular city or municipality for more than four (4) years. Any
election
officer who, either at the time of the approval of this Act or
subsequent
thereto, has served for at least four (4) years in a particular city or
municipality shall automatically be reassigned by the Commission to a
new
station outside the original congressional district.
Sec. 45. Election
Offenses. - The following shall be considered election offenses
under
this Act:
(a) to
deliver,
hand over, entrust or give, directly or indirectly, his voter’s
identification
card to another in consideration of money or other benefit of promise;
or take or accept such voter’s identification card, directly or
indirectly,
by giving or causing the giving or money or other benefit or making or
causing the making of a promise therefore;
(b)
to
fail,
without cause, to post or give any of the notices or to make any of the
reports re-acquired under this Act;
(c)
to
issue
or cause the issuance of a voter’s identification number or to cancel
or
cause the cancellation thereof in violation of the provisions of this
Act;
or to refuse the issuance of registered voters their voter’s
identification
card;
(d)
to
accept
an appointment, to assume office and to actually serve as a member of
the
Election Registration Board although ineligible thereto, to appoint
such
ineligible person knowing him to be ineligible;
(e)
to
interfere
with, impede, abscond for purpose of gain or to prevent the
installation
or use of computers and devices and the processing, storage,
generation,
and transmission of registration data or information;
(f)
to
gain,
cause access to use, alter, destroy, or disclose any computer data,
program,
system software, network, or any computer-related devices, facilities,
hardware or equipment, whether classified or declassified;
(g)
failure
to provide certified voters and deactivated voters list to candidates
and
heads of representatives of political parties upon written request as
provided
in Section 30 hereof;
(h)
failure
to include the approved application form for registration of a
qualified
voter in the book of voters of a particular precinct or the omission of
the name of a duly registered voter in the certified list of voters of
the precinct where he is duly, registered resulting in his failure to
cast
his vote during an election, plebiscite, referendum, initiative and/or
recall. The presence of the form or name in the book of voters or
certified
list of voters in precincts other than where he is duly registered
shall
not be an excuse hereof;
(i)
the
posting
of a list of voters outside or at the door of a precinct on the day of
an election, plebiscite, referendum, initiative and/or recall, and
which
list is different in contents from the certified list of voters being
used
by the Board of Election Inspectors; and
(j)
Violation
of the provisions of this Act.
Sec. 46. Penalties.
- Any person found guilty of any election offense under this Act
shall
be punished with imprisonment of not less than one (1) year but not
more
than six (6) years and shall not be subject to probation. In addition,
the guilty party shall be sentenced to suffer disqualification to hold
public office and deprivation of the right of suffrage. If he is a
foreigner,
he shall be deported after the prison term has been served. Any
political
party found guilty shall be sentenced to pay a fine of not less than
One
hundred thousand pesos (P100,000) but not more than Five hundred
thousand
pesos (P500,000).
Sec. 47. Funding.
- The amount of Two billion pesos (2,000,000,000) is hereby included in
the General Appropriations Act for the fiscal year 1997 to defray the
expenses
for the registration activities.
Sec. 48. Multi-partisan
Monitoring and Evaluation Committee. - A Monitoring and Evaluation
Committee is hereby created composed of seven (7) members to be based
on
party representation of the seven (7) major political parties that
fielded
presidential candidates in the 1992 synchronized elections. The
Committee
is an ad hoc body attached to the Commission but not subject to its
supervision
and control.
The task of
the Committee is to monitor and evaluate the system, procedures or
guidelines
prepared by the Commission for the conduct of the general registration
and the continuing system of registration in accordance with this Act.
The Committee
shall prepare two reports outlining the findings and recommendations
for
immediate action or institution of corrective measures by the
Commission
and/or Congress. The first report shall be submitted to the Commission
and Congress three (3) months before the holding of the general
registration.
The second report shall be due at the end of the year on the initial
implementation
of the system of continuing registration.
The amount not
less than Fifty million pesos (P50,000,000) but not more than One
hundred
million pesos (P100,000,000) is hereby allocated from the Two billion
pesos
(P2,000,000,000) allocation provided in the preceding section for the
operations
of the Committee. This amount shall be held in trust by the Commission
subject to the usual accounting and auditing procedures.
Sec. 49. Rules
and Regulations. - The Commission shall promulgate the necessary
rules
and regulations to implement the provisions of this Act not later than
ninety (90) days before the first day of registration as provided for
in
this Act.
Sec. 50. Separability
Clause. - If any part of this Act is held invalid or
unconstitutional,
the other parts or provisions hereof shall remain valid and effective.
Sec. 51. Repealing
Clause.- All laws, decrees, executive orders, rules and regulations
inconsistent with this Act are hereby repealed or modified accordingly.
Sec. 52. Effectivity.
- This Act shall take effect fifteen (15) days after its
publication
in at least two (2) newspapers of general circulation.
Approved:June
11, 1996.
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