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PRESIDENTIAL DECREE NO. 1099
PRESIDENTIAL DECREE NO. 1099 -
REESTABLISHING THE PERMANENT SYSTEM OF REGISTRATION OF VOTERS UNDER
REPUBLIC ACT NUMBERED SIX THOUSAND THREE HUNDRED AND EIGHTY-EIGHT,
PRESCRIBING THE MECHANICS THEREOF, VALIDATING THE LISTS OF VOTERS FOR
USE IN THE ELECTION OF THE SANGGUNIANG PAMPOOK AND SUBSEQUENT
ELECTIONS, PLEBISCITES OR REFERENDA, AND FOR OTHER SIMILAR PURPOSES
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WHEREAS,
section 9(2) of Article XII (c) of the 1973 Constitution expressly
prohibits any political party or candidate from membership in the
election registration boards;chanroblesvirtualawlibrary
WHEREAS, the election registration boards as constituted under Republic
Act Numbered 6388, otherwise known as the "Election Code of 1971," is
composed of the election registrar and one representative each from the
Nacionalista and Liberal parties;chanroblesvirtualawlibrary
WHEREAS, the existence of the election registration boards has not only
become incompatible with the Constitution but has also made the process
of registration more circuitous and complicated;chanroblesvirtualawlibrary
WHEREAS, upon the ratification of the Constitution on January 17, 1973,
the continuing and permanent system of registration under Republic Act
6388 was necessarily rendered inoperative, there being no subsequent
law to reconcile the provisions of the Election Code with the
Constitution;chanroblesvirtualawlibrary
WHEREAS, is contemplation of the election of members of the Sangguniang
Pampook, of the interim Batasang Pambansa, and of future elections,
plebiscites and referenda, it is imperative to reestablish the
continuing and permanent system of registration of voters to enable the
qualified citizens to register as voters in the most convenient and
least cumbersome manner;chanroblesvirtualawlibrary
WHEREAS, furthermore, it is necessary to update the list of voters
preparatory to the election of members to the Sangguniang Pampook;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
decree and order the following:cralaw:red
Section 1. Reestablishment of permanent System. — The
continuing and permanent system of registration of voters under
Republic Act Numbered Six Thousand Three Hundred and Eighty-Eight,
otherwise known as the "Election Code of 1971", is hereby reestablished
and shall be governed by the provisions of said law except as herein
modified.
Section 2. Election registration board abolished. —
The election registration board as constituted under the Election Code
of 1971 is hereby abolished and all its powers and functions shall
henceforth pertain to the election registrar as herein provided.
Section 3. List of voters. — For purposes of the
election of members of the Sangguniang Pampook and subsequent
elections, Plebiscites and referenda, the permanent list of voters of
the November 1971 elections and that part of the barangay list of
voters containing the names of voters eighteen years and above in the
October 1976 referendum-plebiscite shall be used. The City, municipal,
or municipal district election registrar shall, with respect to those
registered in accordance with the provisions of Presidential Decrees
Nos. 210, as amended, 629, 629-A, 1032 and other related laws, transfer
the names and personal data of barangay voters to the forms prescribed
by the Commission on Elections, except those who have applied for the
cancellation of their registration, those who have died, those who have
been excluded by court orders, and, upon summons to the voters
concerned, those who have become disqualified.
Qualified voters not otherwise included in the lists of voters as
hereinabove provided shall register with the election registrar in the
manner herein prescribed.
Section 4. Registration of voters. — Any qualified
voter shall register by personally appearing before, and filing a sworn
application for registration in duplicate with the election registrar
of the city, municipality or municipal district wherein he is a
resident on any date but not later than ten days before any election,
plebiscite or referendum.
A qualified voter may file an application for registration before the
election committee of the voting center nearest his residence whenever
any such registration in the voting centers is provided by law.
Section 5. Approval or disapproval of application
filed with the election registrar. — Upon receipt of the sworn
application for registration, the election registrar shall approve it
if he finds the applicant possessing all the qualifications and none of
the disqualifications of a voter. Upon approval, the election registrar
shall forthwith issue to the voter a certificate of registration.
If the application for registration is disapproved, the applicant shall
be furnished with a certificate of such disapproval starting the
grounds therefor.
Section 6. Preservation of approved applications for
registration. — The original of the approved application for
registration of each voter shall be compiled and incorporated
alphabetically into the existing precinct book of voters.
The election registrar concerned shall send to the Commission on
Elections the duplicate copy on the day following the approval of the
application for registration. The copy for the Commission shall be
compiled and incorporated alphabetically into the central file of
registered voters.
Section 7. Voter's Certificate of Registration. — The
certificate of registration issued to the voter as provided under
section 5 hereof shall serve and be considered as document for the
identification of each 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 the first paragraph of
Section 3 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 8. Qualifications of a voter. — Every citizen
of the Philippines, not otherwise disqualified by law, who on the day
of the election is eighteen years of age or over and who shall have
resided in the Philippines for at least one year and in the city,
municipality or municipal district wherein he proposes to vote for at
least six months immediately preceding the election shall be qualified
to vote in the election, plebiscite or referendum.
Any person who transfers his residence to another city, municipality or
municipal district solely by reason of his occupation, profession,
employment in public or private service, educational activities, work
in military or naval reservations, service in the army, navy orr force,
the constabulary or national police force, or confinement or detention
in government institutions in accordance with law shall not be deemed
to have lost his residence.
Section 9. Disqualifications. — The following shall
be disqualified to vote:cralaw:red
a) Any person who has been sentenced by final
judgment to suffer imprisonment for not less than one year, the
disability attached to such penalty not having been removed by plenary
pardon.
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
disqualification from exercising the right of suffrage in accordance
with existing laws.
Section 10. Election Committees. — Whenever the
registration of voters is decreed to be done in the voting centers, the
powers and functions of the board of election inspectors with respect
to the registration of voters under Republic Act No. 6388 shall devolve
upon the election committees.
Section 11. Voter's application for Registration. —
The application for registration shall be filed in duplicate and shall
be under oath. It shall contain two specimens of the applicant's
signature. His left and right thumbmarks, and his photograph which
shall be optional on the part of the applicant, and the following data:cralaw:red
(a) Name, surname, and middle/maternal surname;chanroblesvirtualawlibrary
(b) Date and place of birth;chanroblesvirtualawlibrary
(c) Citizenship;chanroblesvirtualawlibrary
(d) Periods of residence in the Philippines and in
the place of registration;chanroblesvirtualawlibrary
(e) Exact address with the name of the street and
house number or in case there be none, a brief description of the
locality and place;chanroblesvirtualawlibrary
(f) A statement that the applicant has not been
previously registered, otherwise, he shall be required to attach a
sworn application for cancellation of his previous registration; and
(g) Such other information or data which may be
required by the Commission.
The oath of the applicant shall include a statement that he does not
have any of the disqualifications prescribed by law for a voter.
It shall be the duty of the registering officer to fully apprise the
applicant of the qualifications and disqualifications of a voter and to
see to it that the application contains all the data herein required.
Application of an illiterate or a physically incapacitated person may
be prepared by the election registrar, by any member of the election
committee or by a person of his confidence in accordance with the
information given by the applicant concerning his personal data.
Section 12. Preparation of the list of voters. —
Before every election, plebiscite or referendum, the election committee
shall meet in the voting center on a day to be fixed by the Commission
on Elections for the purpose of preparing in three copies an
alphabetical list of voters of the voting center. The list of voters
shall include the names of voters registered by the election committee,
in the proper case. For this purpose, the election registrar shall
deliver to the election committee at the first hour of said day the
original copies of all approved applications under his custody
belonging to the voting center.
The chairman of the committee shall keep all copies of the approved
application under his custody for purposes of reference and
identification of voters on election, plebiscite or referendum day, and
shall return them immediately thereafter to the election registrar.
Section 13. Distribution and publicity of list of
voters. — The three copies of the certified list of voters shall be
distributed as follows: the first copy with the voting records shall be
kept by the chairman; the second copy shall be kept by the poll clerk
of the election committee; and the third copy shall be delivered to the
election registrar. All copies of the list of voters shall be made
available for examination by the public during reasonable hours.
Section 14. Annulment of the list of voters. — Upon
petition of any voter, candidate or election registrar, any list of
voters not prepared in accordance with the provisions of this Decree or
the preparation of which is affected with fraud, bribery, forgery,
impersonation, intimidation, force, or any other similar irregularity
may, after due notice and hearing, be annulled by the Commission on
Elections: Provided, That no judgment annulling any list of voters
shall be executed if the registration of the voters affected by the
annulment cannot be undertaken before any election without depriving
them of the right of suffrage.
Section 15. New Registration. — The foregoing
provisions notwithstanding, the Commission on Elections may order an
entirely new registration of all qualified voters in any city,
municipality, municipal districts or barangay where by reason of force
majeure or other causes, there has been substantial loss or destruction
of existing registration records. chanroblesvirtualawlibrary
Section 16. Assistance of other employees and
officials. — In the performance of his functions, the election
registrar concerned may avail of the assistance of public school
teachers, appointive city and municipal officials who are civil service
eligibles, or members of the barangay council.
Section 17. Offenses and penalties. — In addition to
the offenses defined in the Election Code of 1971, the following acts
shall each constitute an offense:cralaw:red
a) Any violation of any of the provisions of this
Decree.
b) Failure on the part of any person possessing all
the qualifications and none of the disqualification of a voter to
register in accordance with the provisions of this Decree without
justifiable excuse.
Any person found guilty of an offense relative to the registration of
voters shall upon conviction be sentenced to imprisonment of not less
than one month but not more than six months. In addition, he shall
suffer disqualification to hold public office and deprivation of the
right of suffrage for a period of five years. Any person found guilty
for failure to register and/or vote shall, at the discretion of the
court, serve the sentence in the manner prescribed under Presidential
Decree No. 1053.
Section 18. 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 shall lie
as in other criminal cases.
Section 19. 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 20. Designation of other periods and dates. —
If upon the effectivity of this Decree, it shall no longer reasonably
be possible to observe the periods and dates prescribe in Article VII
of the Election Code of 1971 for certain acts in connection with the
registration of voters, the Commission shall fix other dates or periods
therefor.
Section 21. Promulgation of rules. — The Commission
on Elections shall promulgate the rules and regulations and prescribe
the forms necessary under this Decree.
Section 22. Repealing clause. — All laws, executive
orders, decrees, rules and regulations, or parts thereof, inconsistent
with the provisions of this Decree are hereby repealed, amended or
modified accordingly.
Section 23. Appropriations. — The sum of Two Million
Five Hundred Thousand (P2,500,000.00) Pesos only is hereby appropriated
out of any funds in the National Treasury not otherwise appropriated to
be spent under the exclusive authority of the Commission on Elections
to carry out the purposes of this Decree.
Section 24. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 25th day of February, in the year of Our Lord, nineteen hundred
and seventy-seven.
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