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CONSTITUTIONAL BASIS FOR ELECTIONS
a. Sec. 1 Art.II, 1987 Constitution
ARTICLE II
Declaration of Principles and State Policies
Principles
SECTION 1. The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority
emanates from them.
SUFFRAGE DEFINED
a. Sec. 1 Art. V, 1987 Constitution
ARTICLE V
Suffrage
SECTION 1. Suffrage may be exercised by all citizens of the
Philippines not otherwise disqualified by law, who are at least
eighteen years of age, and who shall have resided in the
Philippines for at least one year and in the place wherein they
propose to vote for at least six months immediately preceding the
election. No literacy, property, or other substantive requirement
shall be imposed on the exercise of suffrage.
b. Sec.2 Art. V, 1987 Constitution
SECTION 2. The Congress shall provide a system for securing the
secrecy and sanctity of the ballot as well as a system for absentee
voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and
the illiterates to vote without the assistance of other persons.
Until then, they shall be allowed to vote under existing laws and
such rules as the Commission on Elections may promulgate to protect
the secrecy of the ballot.
NATURE OF SUFFRAGE
a. Sec. 4 Art. V, 1973 Constitution
ARTICLE V
Duties and Obligations of Citizens
SECTION 4. It shall be the obligation of every citizen qualified
to vote to register and cast his vote.
b. Sec. 4 Art. I, Omnibus Election Code
ARTICLE I
General Provisions
SECTION 4.Obligation to register and vote. It shall be the
obligation of every citizen qualified to vote to register and
cast his vote. (Sec. 5, 1978 EC)
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c. Sec. 261(y) (1), Omnibus Election Code
(y)On Registration of Voters:
(1)Any person who, having all the qualifications and none of the
disqualifications of a voter, fails without justifiable excuse to
register as a voter in an election, plebiscite or referendum in
which he is qualified to vote. (Par. (p), Sec. 178, 1978 EC)
d. Sec. 5, Art. VI, 1987 Constitution
ARTICLE VI
The Legislative Department
SECTION 5. (1) The House of Representatives shall be composed of
not more than two hundred and fifty members, unless otherwise fixed
by law, who shall be elected from legislative districts apportioned
among the provinces, cities, and the Metropolitan Manila area in
accordance with the number of their respective inhabitants, and on
the basis of a uniform and progressive ratio, and those who, as
provided by law, shall be elected through a party-list system of
registered national, regional, and sectoral parties or
organizations.
(2) The party-list representatives shall constitute twenty per
centum of the total number of representatives including those under
the party list. For three consecutive terms after the ratification
of this Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection
or election from the labor, peasant, urban poor, indigenous
cultural communities, women, youth, and such other sectors as may
be provided by law, except the religious sector.
(3) Each legislative district shall comprise, as far as
practicable, contiguous, compact and adjacent territory. Each city
with a population of at least two hundred fifty thousand, or each
province, shall have at least one representative.
(4) Within three years following the return of every census, the
Congress shall make a reapportionment of legislative districts
based on the standards provided in this section.
SUFFRAGE FOR OVERSEAS ABSENTEE VOTERS
a. Sec. 5(d), RA 9189
REPUBLIC ACT NO. 9189
AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY
QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
SECTION 5.Disqualifications. The following shall be disqualified
from voting under this Act:
d)An immigrant or a permanent resident who is recognized as such
in the host country, unless he/she executes, upon
registration, an affidavit prepared for the purpose by the
Commission declaring that he/she shall resume actual
physical permanent residence in the Philippines not later than
three (3) years from approval of his/her registration
under this Act. Such affidavit shall also state that he/she has
not applied for citizenship in another country. Failure to
return shall be cause for the removal of the name of the
immigrant or permanent resident from the National Registry
of Absentee Voters and his/her permanent disqualification to
vote in absentia.
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SUFFRAGE FOR LOCAL ABSENTEE VOTERS
a. Sec. 6, RA 7166
REPUBLIC ACT NO. 7166
AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS
AND FOR ELECTORAL REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR, AND
FOR OTHER PURPOSES
SECTION 6.Nomination and Selection of Official Candidates. No
political convention or meeting for the nomination or selection of
the official candidates of any political party or organization or
political groups or coalition thereof shall be held earlier than
the following periods:
(a)For President, Vice-President and Senators, one hundred
sixty-five (165) days before the day of the election; and
(b)For Members of the House of Representatives and elective
provincial, city or municipal officials, seventy-five (75) days
before the day of the election.
b. EO 157, March 30, 1987
EXECUTIVE ORDER NO. 157
PROVIDING FOR ABSENTEE VOTING BY OFFICERS AND EMPLOYEES OF
GOVERNMENT WHO ARE AWAY FROM THE PLACES OF THEIR REGISTRATION BY
REASON OF OFFICIAL FUNCTIONS ON ELECTION DAY
WHEREAS, under the electoral law now inforce the rule is that a
person has to be physically present in the polling place whereof he
is a registered voter in order to be able to vote;
WHEREAS, the only exception is that established by Section 169
of Batas Pambansa Blg. 881, which allows members of the board of
election inspectors to vote in the polling place where they are
assigned on election day, under certain conditions;
WHEREAS, there are other persons who, by reason of public
functions and duties, are assigned on election day in places other
than their place of registration, and under existing rules, are
thus unable to vote;
WHEREAS, the democratic principle requires the broadest
participation in electoral and similar exercises by persons who
have all the qualifications and none of the disqualifications to
vote;
WHEREAS, government officials and employees who are assigned to
places other than their place of registration must not be deprived
of their right to participate in electoral exercises; cdasia
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the
Philippines, do hereby order:
SECTION 1.Any person who by reason of public functions and
duties, is not in his/her place of registration on election day,
may vote in the city/municipality where he/she is assigned on
election day: Provided, That he/she is a duly registered voter.
SECTION 2.Thirty (30) days before the election, the appropriate
head of office shall submit to the Commission on Elections a list
of officers and employees of the office who are registered voters,
and who, by reason of their duties and functions, will be in places
other than their place of registration, and who desire to exercise
their right to vote, with the request that said officers and
employees be provided with application forms to cast absentee
ballots in their place of assignment.
The list and the request shall be under oath. cdtai
SECTION 3.Upon verification by the Commission on Elections that
the persons included in the list are qualified voters, it shall
transmit the exact number of application forms to the head of the
office making the request.
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SECTION 4.The application forms shall be returned duly
accomplished to the Commission on Elections not later than April
25, 1987.
SECTION 5.Upon verification of the applications, the Commission
shall transmit the exact number of absentee ballots to the
appropriate head of the government office for distribution to the
applicants.
SECTION 6.The head of the office shall prepare a sworn report on
the manner of distribution of the absentee
ballots, indicating therein the number of ballots transmitted to
each province, the names of the persons to whom the absentee
ballots are delivered, and the serial numbers of the ballots. It
shall be accompanied by a certificate of eligibility to vote
absentee for each particular voter. cda
SECTION 7.For the purpose of the 1987 congressional election,
the absentee voters shall vote only for candidates for senator.
SECTION 8.The voters who cast absentee votes shall vote one week
before election day. They shall do so by delivering to the
Commission on Elections Regional Director, or the Provincial
Election Supervisor or the City or Municipal Election Registrar of
the place of their assignment the special Commission on Elections
absentee ballot within two security envelopes, the one containing
the absentee ballots indicating only that it is an envelope of the
Commission on Elections, and the other envelope indicating the name
of the absentee voter and his/her affidavit number.
SECTION 9.The Commission on Elections official concerned to whom
the absentee vote is delivered shall immediately transmit by the
fastest means available to the Commission on Elections the special
Commission on Elections absentee ballot within two security
envelopes so that the same are in the central office of the
Commission one day before the elections.
The transmittal letter shall indicate the names of the persons
who cast the absentee votes, their voters' affidavit numbers and
their certificates of eligibility to vote absentee.
SECTION 10.The Commission on Elections shall canvass the votes
cast by absentee voters and shall add the results of the same to
the votes reported throughout the country. acd
SECTION 11.The Commission shall promulgate the necessary rules
and regulations to implement this Executive Order.
SECTION 12.Section 169 of Batas Pambansa Blg. 881 shall remain
in force and effect, and shall continue to govern the voting
privilege of members of the Board of Election Inspectors. All laws,
orders, issuances, rules and regulations or parts thereof
inconsistent with this Executive Order are hereby repealed or
modified accordingly.
SECTION 13.This Executive Order shall take effect immediately.
cdasia
DONE in the City of Manila, this 30th day of March, in the year
of Our Lord, Nineteen Hundred and Eighty-Seven.
Published in the Official Gazette, Vol. 83 No. 15 Page 1751 on
April 13, 1987.
c. RA 10380, March 14, 2013
REPUBLIC ACT NO. 10380
AN ACT PROVIDING FOR LOCAL ABSENTEE VOTING FOR MEDIA
SECTION 1.Declaration of Policy. The State shall ensure the free
exercise of the right of suffrage by all citizens of the
Philippines not otherwise disqualified by law.
SECTION 2.Local Absentee Voting for Members of Media. The
Commission on Elections shall extend the right to vote under the
local absentee voting system provided under existing laws and
executive orders to members of media, media practitioners,
including the technical and support staff, who are duly registered
voters and who, on election day, may not be able to vote due to the
performance of their functions in covering and reporting on the
elections: Provided, That they shall be allowed to vote only for
the positions of President, Vice President, Senators and Party-List
Representative.
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SECTION 3.Implementing Rules and Regulations. The Commission on
Elections shall, within thirty (30) days from the effectivity of
this Act, promulgate the implementing rules and regulations which
shall include a system of accreditation and verification of the
members of media, media practitioners, the technical and support
staff, who are qualified to avail of local absentee voting.
ESaITA
SECTION 4.Appropriations. The initial funding of this Act shall
be charged against the current year's appropriations or from any
available savings of the Commission on Elections. Thereafter, such
amount as may be necessary for the continued implementation of this
Act shall be included in the annual General Appropriations Act.
SECTION 5.Separability Clause. If any part or provision of this
Act shall be declared unconstitutional or invalid, other provisions
hereof which are not affected thereby shall continue to be in full
force and effect.
SECTION 6.Repealing Clause. All laws, presidential decrees,
executive orders, resolutions, rules and regulations, other
issuances, and parts thereof, which are inconsistent with the
provisions of this Act, are hereby repealed or modified
accordingly.
SECTION 7.Effectivity. This Act shall take effect fifteen (15)
days following its publication in at least two (2) newspapers of
general circulation.
Approved: March 14, 2013.
SUFFRAGE FOR DISABLED AND ILLITERATE
a. Sec. 14, RA 8189
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 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, 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.
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b. Sec. 11, RA 10366
REPUBLIC ACT NO. 10366
AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO ESTABLISH
PRECINCTS ASSIGNED TO ACCESSIBLE POLLING PLACES EXCLUSIVELY FOR
PERSONS WITH DISABILITIES AND SENIOR CITIZENS
SECTION 11.Assistance in the Accomplishment of the Ballot. A
person with disability or senior citizen who is illiterate or
physically unable to prepare the ballot by himself or herself may
be assisted in the preparation of his or her ballot by a relative
by consanguinity or affinity within the fourth civil degree, or if
he or she has none, by any person of his or her confidence who
belongs to the same household, or by any member of the BEIs. For
this purpose, the person who usually
assists the person with disability or senior citizen, such as a
personal assistant, a caregiver or a nurse shall be considered a
member of his or her household: Provided, That no voter shall be
allowed to have an assistor on the basis of illiteracy or physical
disability unless it is so indicated in his or her registration
record. Nevertheless, if the physical inability to prepare the
ballot is manifest, obvious, or visible, said voter shall be
allowed to be assisted in accomplishing the ballot by a qualified
assistor, even if not stated or indicated in the registration
record: Provided, further, That the assistor must be of voting
age.
The assistor shall bind himself or herself in a formal document
under oath to fill out the ballot strictly in accordance with the
instructions of the voter and not to reveal the contents of the
ballot prepared by him or her, and shall prepare the ballot for the
voter inside the voting booth. Except for the members of the BEIs,
no assistor can assist for more than three (3) times. Any violation
of this provision shall constitute an election offense punishable
under Section 262 of the Omnibus Election Code.
VOTERS REGISTRATION
a. Sec. 3 (a), RA 8189
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 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. Sec. 8-13, 27-35, RA 8189
SECTION 8.Systems 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.
SECTION 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.
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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.
SECTION 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 of 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.
SECTION 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.
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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 duty 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.
SECTION 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.
SECTION 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.
SECTION 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 ceases 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 Filipino citizenship.
For this purpose, the clerks of court of 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
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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.
SECTION 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 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.
SECTION 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.
SECTION 30.Preparation and Posting of the Certified List of
Voters. The Board shall prepare and post a certified list of voters
ninety (90) days before a regular election and sixty (6) 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 of 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.
SECTION 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 voters 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.
SECTION 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;
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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 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.
SECTION 33.Jurisdiction in Inclusion and Exclusion Cases. 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 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.
SECTION 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 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 date of the
order of inclusion and the court which issued the same.
SECTION 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 petitioner for
the exclusion of a vote 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 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.
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NATURE OF VOTERS REGISTRATION RECORDS
a. Sec. 41, RA 8189
SECTION 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.
b. Sec. 8, RA 10367
REPUBLIC ACT NO. 10367
AN ACT PROVIDING FOR MANDATORY BIOMETRICS VOTER REGISTRATION
SECTION 7.Deactivation. Voters who fail to submit for validation
on or before the last day of filing of application for registration
for purposes of the May 2016 elections shall be deactivated
pursuant to this Act.
SECTION 8.Reactivation. Those deactivated under the preceding
section may apply for reactivation after the May 2016 elections
following the procedure provided in Section 28 of Republic Act No.
8189.
c. Comelec Res. No. 13-1132
IN THE MATTER OF THE REQUESTS FOR VOTERS' REGISTRATION DATA
Date: 17 October 2013
This pertains to the Memorandum dated October 12, 2013 of
Executive Director Jose M. Tolentino, Jr. relative to the
requests of Bangko Sentral ng Pilipinas (BSP) and the Office of
the President (OP) for voters registration data.
The Memorandum of Executive Director Tolentino reads:
Pending for appropriate action by the Office of the Executive
Director (OED) are two (2) requests for voters
registration data coming from the:
1. Bangko Sentral ng Pilipinas (BSP) for use in the applications
for Tax Identification Numbers with the Bureau of
International Revenue, Legazpi City, Albay, in connection with
the consolidation of titles to properties acquired by
the BSP; and
2. Office of the President (OP) to facilitate the sending of
notices and reminders to former officers and employees
of the OP pertaining to cash advances that remain unliquidated
to date.
OPs request was filed with the office of the Chairman, and
forwarded to the OED which, however, could not act
favorably thereon because said request does not fall under any
of the conditions prescribed for the issuance of voters
information, namely:
1. The voter himself, or his duly authorized representative,
requests for the same;
2. An Order is issued by a court or tribunal requiring such
information; or
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OUTLINE ON ELECTION LAWS (Atty. Gujilde)-SRL 12
3. The information shall be used in a formal investigation
conducted by a law enforcement agency, whose request
must specify the purpose/details thereof.
While, generally, the Commission En Banc may provide exemptions
to the above conditions, complicating the matter
is BSPs request filed directly with our Information Technology
Department, which sought clarification from the OED if
the same may be acted upon favorably due to the proscription
under Section 9 of Republic Act No. 10367 (Mandatory
Biometrics Laws) that the database generated by biometric
registration shall be secured by the Commission and shall
not be used under any circumstance for any purpose other than
for electoral exercises.
As the existing policy on requests for voters registration data
was adopted prior to the passage of RA 10367, Minute
Resolutions Numbered 09-0595 and 12-0469 which allow law
enforcement agencies to request for voters
registration data in connection with their official
investigative functions - will have to be declared ineffective in
order
to comply with RA 10367.
In view of the foregoing, it is respectfully recommended
that:
1. Minute Resolutions Numbered 09-0595 and 12-0469 be declared
ineffective, and a new Resolution be
promulgated prescribing that requests for voters registration
data may be granted only if:
a. The voter himself, or his duly authorized representative,
requests for the same; or
b. An Order is issued by a court or tribunal exclusively for use
in electoral cases pending before it.
2. The subject requests of the BSP and the OP be denied.
Respectfully submitted.
After due deliberation, the Commission RESOLVED, as it hereby
RESOLVES, to adopt the foregoing recommendation
of Executive Director Jose M. Tolentino, Jr. as follows:
1. To set aside Minute Resolutions Nos. 09-0595 and 12-0469;
and
2. That requests for voters registration data may be granted
only if:
a. The voter himself, or his duly authorized representative,
requests for the same; or
b. An Order is issued by a court or tribunal exclusively for use
in electoral cases pending before it.
RESOLVED, moreover, to advise the Bangko Sentral ng Pilipinas
(BSP) and the Office of the President (OP) that the
Commission is constrained to deny their requests for voters
registration data, in view of the proscription
under Section 9 of Republic Act No. 10367, entitled: An Act
providing for Mandatory Biometrics Voter Registration,
which reads:
Section 9. Database Security. The database generated by
biometric registration shall be secured by the
Commission and shall not be use, under any circumstance, for any
purpose other than for electoral exercises.
Let the Executive Director implement this Resolution.
SO ORDERED
http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/Registration/RA10367#sec9http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/Registration/RA10367#sec9http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/Registration/RA10367#sec9http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/Registration/RA10367http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/Registration/RA10367http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/Registration/RA10367#sec9
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JURISDICTION OVER QUESTIONS INVOLVING SUFFRAGE
a. Sec. 2, Art. IX(c), 1987 Constitution
ARTICLE IX
Constitutional Commissions
SECTION 2. The Commission on Elections shall exercise the
following powers and functions:
(1) Enforce and administer all laws and regulations relative to
the conduct of an election, plebiscite, initiative, referendum, and
recall.
(2) Exercise exclusive original jurisdiction over all contests
relating to the elections, returns, and
qualifications of all elective regional, provincial, and city
officials, and appellate jurisdiction over all contests involving
elective municipal officials decided by trial courts of general
jurisdiction, or involving elective barangay officials decided by
trial courts of limited jurisdiction.
Decisions, final orders, or rulings of the Commission on
election contests involving elective municipal and barangay offices
shall be final, executory, and not appealable.
(3) Decide, except those involving the right to vote, all
questions affecting elections, including determination of the
number and location of polling places, appointment of election
officials and inspectors, and registration of voters.
(4) Deputize, with the concurrence of the President, law
enforcement agencies and instrumentalities of the Government,
including the Armed Forces of the Philippines, for the exclusive
purpose of
ensuring free, orderly, honest, peaceful, and credible
elections.
(5) Register, after sufficient publication, political parties,
organizations, or coalitions which, in addition to other
requirements, must present their platform or program of government;
and accredit citizens' arms of the Commission on Elections.
Religious denominations and sects shall not be registered. Those
which seek to achieve their goals through violence or unlawful
means, or refuse to uphold and adhere to this Constitution, or
which are supported by any foreign
government shall likewise be refused registration.
Financial contributions from foreign governments and their
agencies to political parties, organizations, coalitions, or
candidates related to elections constitute interference in national
affairs, and, when accepted, shall be an additional ground for the
cancellation of their registration with the Commission, in addition
to other penalties that may be prescribed by law.
(6) File, upon a verified complaint, or on its own initiative,
petitions in court for inclusion or exclusion of voters;
investigate and, where appropriate, prosecute cases of violations
of election laws, including acts or omissions constituting election
frauds, offenses, and malpractices.
(7) Recommend to the Congress effective measures to minimize
election spending, including limitation of places where propaganda
materials shall be posted, and to prevent and penalize all forms of
election frauds, offenses, malpractices, and nuisance
candidacies.
(8) Recommend to the President the removal of any officer or
employee it has deputized, or the imposition of any other
disciplinary action, for violation or disregard of, or disobedience
to its directive, order, or decision.
(9) Submit to the President and the Congress a comprehensive
report on the conduct of each election,
plebiscite, initiative, referendum, or recall.
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INCLUSION AND EXCLUSION PROCEEDINGS
a. Sec. 18-21, RA 8189
SECTION 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 voters' 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 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.
SECTION 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.
SECTION 20.Approval and Disapproval of Application. The Election
Officer shall submit to the Board all applications for registration
filed together with the evidenced received in connection therewith.
The Board shall, by majority vote, approve or disapprove the
applications.
Upon approval, the Election Officer shall assign a voter's
identification number and issue the corresponding identification
card to the registered voter. If the Board disapproved the
application, the applicants 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 provided for in this Act.
SECTION 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.