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Voter Registration – refers to the act of 1. Any Filipino citizen who is not yet a
accomplishing and filing of a sworn application for registered voter, not otherwise disqualified
registration by a qualified voter before the election by law
officer of the city or municipality wherein he 2. Must be at least eighteen (18) years of age
resides and including the same in the book of on the day of the election
registered voters upon approval by the Election
Registration Board [Section 3(a), RA8189]. 3. Must have resided in the Philippines for at
least one (1) year, and in the place wherein
Registered voter – in order that a qualified elector they propose to vote, for at least six (6)
may vote in any election, plebiscite or referendum, months immediately preceding the election
he must be registered in the Permanent List of [Section 9, RA8189]
Voters for the city or municipality in which he
resides. [Sec. 115, B.P. 881] Qualifications for Sangguniang Kabataan (SK)
Rationale for registration requirements, 1. Must be at least fifteen (15) years of age on
qualifications, and disqualifications or before the day of election
The right to vote is not a natural right but is a right 2. Must be residing in the barangay for at least
created by law. Suffrage is a privilege granted by six (6) months on or before the day of the
the State to such persons or classes as are most election
likely to exercise it for the public good. [People v. 3. Must be a citizen not otherwise disqualified
Corral (1936)] by law [Section , RA10214]
Necessity for Registration Disqualifications for Registration1:
Registration is essential to the exercise of the right 1. Any person who has been sentenced by final
of suffrage, not the possession thereof. It is part and judgment to suffer imprisonment for not less
parcel of the right to vote and an indispensable than one (1) year, such disability not having
element in the election process.[De Leon, Law on been removed by plenary pardon or
Public Officers citing Aporadera v. Sotto, 3 SCRA amnesty;
626 (1961)]
2. Any person who has been adjudged by final
Registration does not confer the right to vote but it judgment by a competent court or tribunal of
is a condition precedent to the exercise of the right having committed any crime involving
[Yrav. Abano (1928)] disloyalty to the duly-constituted
Biometrics validation requirement is not an government, such as, rebellion, insurrection,
unconstitutional substantive requirement: Even violation of the firearms laws, or any crime
if failure to comply with the biometrics validation against national security unless restored to
requirement will result in the deactivation of the his/her full civil and political rights in
voter’s registration [under R.A. No. 10367 or the accordance with law2;
Biometrics Law of 2013], it is not unconstitutional. 3. Insane or incompetent person as declared by
The requirement is a “mere aspect of the competent authority unless subsequently
registration procedure, of which the State has the declared by proper authority that such
right to reasonably regulate.” [KabataanPartylist v. person is no longer insane or incompetent
COMELEC (2015)] [Section 10, Resolution No.9853]
“Proceeding from the significance of registration as
a necessary requisite to the right to vote, the State
undoubtedly, in the exercise of its inherent police
power, may then enact laws to safeguard and
1The records of registered voters who possess the
regulate the act of voter's registration for the
ultimate purpose of conducting honest, orderly and above disqualifications will be deactivated.
2 For numbers 1 and 2, they shall automatically
peaceful election[.]“ [Akbayan-Youth v. COMELEC
reacquire the right to vote upon expiration of five
(2001)] (5) years after service of sentence.
Documentary Requirements: For physically disabled persons: Application for
registration may be prepared by:
1. Valid ID
(a) Any relative within the 4th civil degree of
a. If no valid ID, the applicant may be
consanguinity or affinity;
identified under oath by any
registered voter of the precinct where (b) By the Election Officer; or
he (or she) intends to be registered, (c) Any member of an accredited citizen’s arm
or by any of his (or her) relatives
within the fourth civil degree of
consanguinity or affinity. No Registration for Absentee Voters
registered voter or relative shall be
allowed to identify more than three Qualifications:
(3) applicants. All citizens of the Philippines abroad, who are not
b. Community Tax Certificates otherwise disqualified by law, at least eighteen (18)
(cedula) and PNP clearance shall not years of age on the day of elections, may vote for
be honored as valid identification 1. President,
documents for purposes of
registration. 2. Vice-president,
Cancellation of Registration
Petition for Correction of Names
The Board shall cancel the registration records of
those who have died as certified by the Local Civil Any registered voter whose registration record has
Registrar. not been included in the precinct book of voters, or
whose name has been omitted in the list of voters or
who has been included therein with a wrong or
Inclusion, Exclusion and Correction of Names of misspelled name may file with the Board an
Voters application for inclusion of his record, or
reinstatement or correction of his name, as the case
Petition for Inclusion
may be.
Any person whose application for registration has
If the application is denied or not acted upon, the
been disapproved by the Board or whose name has
voter may file on any date with the proper
been stricken out from the list may file with the
Municipal or Metropolitan Trial Court a petition for
court a petition to include his name in the
an order directing that the voter's name be entered
permanent list of voters in his precinct at any time
or corrected in the list.
The voter shall attach to the petition a certified true questioned his registration on the ground that he
copy of his registration record or identification card was a resident of Massachusetts USA, that his
or the entry of his name in the list of voters used in occupation was in the USA, and he did not have the
the preceding election, together with proof that his residency requirement in order to be registered.
application was denied or not acted upon by the MTC and RTC disqualified him. The issue is W/N
Board and that he has served notice thereof to the he is still a resident of Leyte. SC ruled that yes,
Board. since a) residence is synonymous to domicile in
election law, and that he did not effect a change of
domicile since he did not voluntary leave his
AKBAYAN YOUTH v. COMELEC (2001) domicile in Leyte.
FACTS: AKBAYAN-YOUTH seek to direct the HELD:Philip is a resident of Leyte, registration
Commission on Elections (COMELEC) to conduct proper
a special registration before the May 14, 2001
DOCTRINE: In election cases, the Court treats
General Elections, of new voters ages 18 to 21.
domicile and residence as synonymous terms, thus:
According to petitioners, around four million youth
"(t)he term "residence" as used in the election law is
failed to register on or before the December 27,
synonymous with "domicile", which imports not
2000 deadline set by the respondent COMELEC
under Republic Act No. 8189. only an intention to reside in a fixed place but also
personal presence in that place, coupled with
COMELEC issued Resolution No. 3584 to deny the conduct indicative of such intention." The political
request to conduct a two-day additional registration situation brought about by the "People's Power
of new voters, hence this petition for certiorari and Revolution" must have truly caused great
mandamus. apprehension to the Romualdezes, as well as a
HELD:No grave abuse on the part of COMELEC serious concern over the safety and welfare of the
members of their families. Their going into self-
DOCTRINE:If a special voter’s registration is exile until conditions favorable to them would have
conducted, then the prohibitive period for filing somehow stabilized is understandable. Certainly,
petitions for exclusion must likewise be adjusted to their sudden departure from the country cannot be
a later date. If we do not, then no one can challenge described as "voluntary," or as "abandonment of
the Voter’s list since we would already be well into residence". Thus there was no change of domicile.
the 100-day prohibitive period. Aside from being a
flagrant breach of the principles of due process, this SIAWAN v. INOPIQUEZ (2001)
would open the registration process to abuse and FACTS:DatuInocencioSiawan filed a complaint
seriously compromise the integrity of the voter’s against Judge Aquilino A. Inopiquez, Jr. of the
list, and consequently, that of the entire election. Municipal Circuit Trial Court, Kananga-Matag-ob,
It must be remembered that the period serve a vital Leyte, for gross ignorance of the law, gross abuse of
role in protecting the integrity of the registration power, and misconduct in connection with the
process. Without the prohibitive periods, the latter’s handling of a criminal case and two election
COMELEC would be deprived of any time to cases for inclusion of voters.
evaluate the evidence on the application. We would In all these elections, the respondent never inhibited
be obliged to simply take them at face value. If we [himself] from hearing inclusion and exclusion
compromise on these safety nets, we may very well cases except for once wherein his sister-in-law,
end up with a voter’s list full of flying voters, Charito Laurente, was the petitioner in an inclusion
overflowing with unqualified registrants, populated proceeding. She ran for Sangguniang Bayan.
with shadows and ghosts.
HELD:Rules on registration of voters violated
ROMUALDEZ v. RTC
DOCTRINE:Thus, under the law, a petition for
FACTS: Philip Romualdez, nephew of Imelda inclusion may be filed only by a person (a) whose
Marcos, served as Brgy. Captain and KBL application for registration has been disapproved by
Campaign Manager. After EDSA I, he fled to the the board of election inspectors or (b) whose name
US and returned to the Philippines in 1991. He has been stricken out from the list of voters. No
registered as a voter back in Leyte. Advincula exception is provided by the law. The petition of
former Judge Ponciano C. Inopiquez does not fall
within the coverage of the law, since he was neither
refused registration by the board nor his name
ordered stricken from the list of voters of Barangay
Talisay, Matag-ob, Leyte. Whether or not
PoncianoInopiquez had good reason for his failure
to register as a voter was irrelevant. Otherwise,
every person who is unable to register for whatever
reason, i.e., he or she was working in another
province or was out of the country during the
registration period, could simply file a petition for
inclusion in order to be able to vote.
MERCADO v. DYSANGCO (2002)
FACTS: ComplainantsDysangco, Acting Presiding
Judge of the 2nd Municipal Circuit Trial Court of
Natividad-Llanera, Nueva Ecija, and. Esteban,
Clerk of Court of the same court, with grave
misconduct for including petitioners in the voter’s
list.
HELD:guilty of gross ignorance of the law
DOCTRINE: Issuance of the controversial Order
sans hearing and beyond the ten-day period
constitutes gross ignorance of the law. His failure to
observe the requirements of the OEC is inexcusable.
As a judge of the MCTC vested with the
jurisdiction to hear and decide petitions for
inclusion or exclusion of voters, he is expected to be
familiar with these legal requirements because it
can be assumed that these election cases were not
the first cases he has decided. Having accepted the
exalted position of a judge, he must have the basic
rules on the palm of his hand. He is expected to
exhibit more than just a cursory acquaintance with
the laws and rules of procedure. The litigants will
have faith in the administration of justice only if
they believe that the occupants of the bench cannot
be accused of deficiency in their grasp of legal
principles.