February 15, 2013
REPUBLIC ACT NO. 10367
AN ACT PROVIDING FOR MANDATORY BIOMETRICS VOTER REGISTRATION
SECTION 1.
Declaration of Policy. It is the policy of the State to
establish a clean, complete, permanent and updated list of voters through the
adoption of biometric technology.
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SECTION 2.
Denition of Terms. As used in this Act:
(a)
Commission
(COMELEC).
refers
to
the
Commission
on
Elections
(b)
Biometrics refers to the quantitative analysis that provides a
positive identication of an individual such as voice,
photograph, ngerprint, signature, iris and/or such other
identiable features.
(c)
Data Capture Machine (DCM) is the device which captures
the biometrics of an individual.
(d)
Validation is the process of taking the biometrics of
registered voters whose biometrics have not yet been
captured.
(e)
Deactivation refers to the removal of the registration record
of the registered voter from the corresponding precinct book of
voters for failure to comply with the validation process as
required by this Act.
(f)
Reactivation refers to the reinstatement of a deactivated
voter.
SECTION 3.
Who Shall Submit for Validation. Registered voters
whose biometrics have not been captured shall submit themselves for
validation.
SECTION 4.
Who Shall Conduct the Validation. The City or
Municipal Election Ocer shall conduct the validation.
SECTION 5.
Commencement of Validation. The Commission shall
conduct validation beginning July 1, 2013, consistent with the continuing
registration under Republic Act No. 8189.
SECTION 6.
Publication and Notice Requirement. The Commission
shall cause the publication of the commencement of the validation in two (2)
newspapers of general circulation. The City or Municipal Election Ocer shall
serve individual written notices by registered mail with return card to the
voters concerned at their latest address in the voter's registration record and
post the list of the voters concerned in the city or municipal bulletin board and
in the local COMELEC oce.
STIcaE
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SECTION 7.
Deactivation. Voters who fail to submit for validation
on or before the last day of ling 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.
SECTION 9.
Database Security. 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.
SECTION 10.
Mandatory Biometrics Registration. The Commission
shall implement a mandatory biometrics registration system for new voters.
SECTION 11.
Prohibited Acts. The following shall be election
oenses punishable under Sections 263 and 264 of Batas Pambansa Bilang
881, as amended, otherwise known as the "Omnibus Election Code":
(a)
Any person who shall prohibit, impede, obstruct or prevent a
registered voter or a new voter from submitting his or her
biometrics for capture through the use of force, intimidation or
monetary consideration; and
(b)
Any public ocial or person who, under the guise of
implementing this Act, shall unjustiably and without due
process, cause the deactivation or reactivation of any
registered voter.
SECTION 12.
Rules and Regulations. The Commission shall, within
sixty (60) days after the eectivity of this Act, promulgate the implementing
rules and regulations.
SECTION 13.
Separability Clause. If any part of this Act is held
invalid or unconstitutional, the other parts or provisions hereof shall remain
valid and eective.
SECTION 14.
Repealing Clause. All laws, decrees, executive orders,
rules and regulations inconsistent with this Act are hereby repealed or
modied accordingly.
SECTION 15.
Eectivity Clause. This Act shall take eect fteen
(15) days after its publication in at least two (2) newspapers of general
circulation.
acSECT
Approved: February 15, 2013.
Published in The Philippine Star on February 22, 2013.
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