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