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Registration of Voters Qualifications for Registration (In General)

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,

c. List of Valid Ids: 3. Senators and

i. Employee's identification 4. Party-list representatives.


card (ID), with the signature Disqualifications:
of the employer or authorized
1. Lost Filipino citizenship in accordance with
representative
Philippine laws;
ii. Postal ID
2. Expressly renounced their Philippine
iii. PWD Discount citizenship and who have pledged allegiance
iv. Student’s ID or Library Card, to a foreign country;
signed by the school 3. Convicted in a final judgment by a court or
authority tribunal of an offense punishable by
v. Senior Citizen’s ID imprisonment of not less than one (1) year,
including those who have committed and
vi. Driver’s License been found guilty of Disloyalty as defined
vii. NBI Clearance under Article 137 of the Revised Penal
Code,
viii. Passport
Except: when such disability is removed by
ix. SSS/GSIS ID plenary pardon or amnesty;
x. IBP ID Any person disqualified to vote under this
xi. PRC ID subsection shall automatically acquire the
right to vote upon expiration of five (5)
xii. Certificate of Confirmation years after service of sentence;
issued by the NCIP
The Commission may take cognizance of
xiii. Any other valid ID final judgments issued by foreign courts or
tribunals only on the basis of reciprocity and
subject to the formalities and processes
Registration for Illiterate or Disabled Applicants
prescribed by the Rules of Court on
For illiterate persons: May register with the execution of judgments;
assistance of the Election Officer or any member of
4. An immigrant or a permanent resident
an accredited citizen’s arms.
Unless: he/she executes, upon registration, Period of Registration
an affidavit prepared for the purpose by the Generally, daily: The personal filing of application
Commission declaring that he/she shall
of registration of voters shall be conducted daily in
resume actual physical permanent residence the office of the Election Officer during regular
in the Philippines not later than three (3) office hours.
years from approval of his/her registration
under this Act [B.P.881]. Such affidavit Exception [i.e. when registration is prohibited]: No
shall also state that he/she has not applied registration shall be conducted within
for citizenship in another country. Failure to (1) 120 days before a regular election
return shall be the cause for the removal of
the name of the immigrant or permanent (2) 90 days before a special election [Sec. 8,
resident from the National Registry of R.A. 8189]
Absentee Voters and his/her permanent COMELEC Resolution 8585, which set the
disqualification to vote in absentia. deadline for voter registration to Oct. 31, 2009
5. Insane or incompetent. (election was May 10, 2010, or more than 120
days), was declared null and void because Sec. 8 of
Where: RA 8189 has determined that the period of 120 days
1. Election Registration Board of the city or before a regular election and 90 days before a
municipality where they were domiciled special election is enough time for the COMELEC
immediately prior to their departure from the to make all the necessary preparations with respect
Philippines, or to the coming elections. COMELEC is granted the
power to fix other periods and dates for pre-election
2. Representative of the Commission at the activities only if the same cannot be reasonably held
Philippine embassies, consulates and other within the period provided by law. There is no
foreign service establishments that have ground to hold that the mandate of continuing voter
jurisdiction over the locality where they registration cannot be reasonably held within the
temporarily reside period provided by Sec. 8 of R.A. 8189. [Palatino v.
Registration as an overseas absentee voter shall be COMELEC (2009)]
done in person.

Procedure for Voter’s Registration [Section 12,


Requirements for Registration Resolution No.9853]
1. Valid Philippine Passport, or in the absence 1. The applicant shall personally appear before
of such, a certification of the Department of the EO, state his/her name and exact
Foreign Affairs that it has reviewed the address, specifying the house number, name
appropriate documents submitted by the of the street, area, district, purok or sitio, and
applicant and found them sufficient to barangay where he/she resides, or a brief
warrant the issuance of a passport, or that description of his/her residence, and present
the applicant is a holder of a valid passport any identification that bears applicant's
but is unable to produce the same for a valid photograph and signature.
reason; 2. Upon establishing the identity of the
2. Accomplished Registration Form applicant, the EO shall verify the name of
the applicant from the NLRDV.
3. In case of immigrants and permanent
residents not otherwise disqualified to vote a. If found If found in the said list,
under this Act, an affidavit declaring the he/she shall not issue an application
intention to resume actual physical for registration but shall advise the
permanent residence in the Philippines not applicant to apply for
later than three (3) years after approval of i. Transfer of registration
his/her registration as an overseas absentee record, if the name is found
voter under this Act. active in the NLRDV
(another same separately in his/her own handwriting
district/city/municipality); and submit the accomplished application
OR form to the EO.
ii. Reactivation/transfer with a. Titles shall NOT be allowed.
reactivation of registration b. If no middle name, the character “_”
record, if the name is found shall be used
DEACTIVATED in the
NLRDV c. If uncertain of birth date and EO can
ascertain that applicant is of voting
b. If the name does not appear in age, the EO shall ask the applicant to
NLRDV, the EO shall, using supply a date of birth to the best of
a barangay precinct map, verify his/her knowledge, and then write
whether or not the address given by the words "Section 12 (d) case" on
the applicant is located within the top of the date of birth or anywhere
city/municipality on the form
3. If the address given is within the d. If the EO cannot ascertain the
city/municipality, the EO shall: applicant’s age and the applicant
a. Inform the applicant of the cannot supply the date of birth,
qualifications and disqualifications his/her application form shall be
prescribed by law for a voter deemed incomplete and shall not be
accepted
b. Determine the precinct where the
applicant belongs by referring to the 5. Once the application form has been
barangay precinct map. The accomplished, the applicant shall return the
applicant shall be assigned same to the EO
temporarily to the mother precinct 6. If the applicant has a duly accomplished
comprising his/her residence
application form, it shall be signed and
c. Indicate the temporary precinct thumbmarked in the presence of the EO. In
assignment of the applicant at the the event that the applicant has already
upper right-hand portion of the affixed his/her signature and imprinted
application form his/her thumbmark in the accomplished
application form, the applicant shall confirm
i. The precinct assignment shall
the same by affixing his/her signature and
be finalized after the approval
thumbmark at the back portion of the
of the application. Daughter
application form in the presence of the EO
precinct(s) shall be created to
accommodate approved 7. After ensuring that the application form has
applications in excess of the been filled up correctly, completely and
200-voter per precinct limit legibly, the EO shall write down the
Application Form Number, return the form
ii. In case of boundary dispute,
to the applicant and direct him/her to the
the EO shall maintain the
VRM Operator.
status quo
8. The VRM Operator, using the Voter
d. Issue the prescribed application form
Registration System (VRS) shall:
to the applicant in three (3) copies,
unless the applicant has brought a. Select File -> Registration
his/her printed application form, b. Type the Application Number and
downloaded from the COMELEC press Enter button
Website, duly accomplished
c. Select Registration from the drop
4. Upon receipt of the application form, the down menu
applicant shall personally accomplish the
d. Encode demographics information 11. Challenges to Right to Register
and capture the biometrics data of a. Any voter, candidate or
the applicant representative of a registered
political party may challenge in
e. Save the record
writing any application for
f. the VRM Operator shall affix his/her registration, stating the grounds
initial below the space provided for therefor;
the EO's name and direct the b. The challenge shall be under oath
applicant to submit his/her and be attached to the application,
application to the EO together with the proof of notice of
9. Upon receipt of the application, the EO hearing to the challenger and the
shall: applicant;
c. Oppositions to contest a registrant's
a. Administer the oath application for inclusion in the
b. Affix his/her signature in the voter's list must, in all cases, be filed
appropriate space of the form not later than the second Monday of
the month in which the same is
c. Retain the three (3) copies scheduled to be heard or processed
d. Cut the bottom portion of one copy by the Election Registration Board
of the application form, indicate the d. The hearing on the challenge shall be
date of Board hearing and give it to heard on the third Monday of the
the applicant to serve as month and the decision shall be
Acknowledgment Receipt and proof rendered before the end of the
of filing month.
12. Approval/Disapproval
10. Notice and Hearing
a. Notice of hearing shall be posted in
Change of Residence or Address
the city or municipal bulletin board
and in his office for at least one (1) Any registered voter who has transferred residence
week before the hearing, and furnish to another city or municipality may apply with the
copies thereof to the applicant Election Officer of his new residence for the
concerned, the heads or transfer of his registration records.
representatives of political parties, The Application is subject to the notice and hearing
and other accredited groups or and the approval of the Election Registration Board.
organizations which actively
participate in the electoral process in Any person who transfers residence to another city,
the city or municipality. On the date municipality, or country solely by reason of his
of the hearing, the Election Officer occupation, profession, employment inprivate or
shall receive such evidence for or public service, educational activities, work in
against the applicant. military or navalreservations, service in the army,
navy or air force, the Philippine NationalPolice; or
b. A registrant whose application is not confinement or detention in government institutions
seasonably objected to shall be inaccordance with law, shall be deemed not to have
notified in writing therein that no lost his originalresidence. [Sec. 117, B.P. 881]
objection was raised against his
application and that he need not
appear on the date set for the hearing Remedies in Registration
of his application.
Deactivation of Registration
c. All applications for registration shall
be heard and processed on a The board shall deactivate the registration and
quarterly basis. remove the registration records of the following
persons:
(a) Sentenced by final judgment to suffer except one hundred five (105) days prior to a
imprisonment for not less than one (1) year regular election or seventy-five (75) days prior to a
special election. It shall be supported by a
(b) Committed any crime involving disloyalty
certificate of disapproval of his application and
to the duly constituted government such as
proof of service of notice of his petition upon the
rebellion, sedition, violation of the anti-
Board. The petition shall be decided within fifteen
subversion and firearms laws, or any crime
(15) days after its filing.
against national security, unless restored to
his full civil and political rights in If the decision is for the inclusion of voters in the
accordance with law permanent list of voters, the Board shall place the
application for registration previously disapproved
(c) Insane or incompetent;
in the corresponding book of voters and indicate in
(d) Did not vote in the two (2) successive the application for registration the date of the order
preceding regular elections of inclusion and the court which issued the same.
Does not include the Sangguniang Kabataan [Sec. 34, RA 8189]
(SK) elections;
(e) Any person whose registration has been Petition for Exclusion
ordered excluded by the Court; and
Any registered voters, representative of a political
(f) Lost his Filipino citizenship. party or the Election Officer, may file with the court
Persons mentioned in (a) and (b) shall regain their a sworn petition for the exclusion of a voter from
right to vote automatically upon expiration of five the permanent list of voters giving the name,
(5) years after service of sentence 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) days before a
Reactivation of Registration special election. The petition shall be accompanied
by proof of notice to the Board and to the
Any voter whose registration has been deactivated challenged voter and shall be decided within ten
pursuant to the preceding Section may file with the (10) days from its filing.
Election Officer a sworn application for reactivation
of his registration in the form of an affidavit stating If the decision is for the exclusion of the voter from
that the grounds for the deactivation no longer exist the list, the Board shall, upon receipt of the final
any time but not later than one hundred twenty decision, remove the voter’s registration record
(120) days before a regular election and ninety (90) from the corresponding book of voters, enter the
days before a special election. order of exclusion therein, and thereafter place the
record in the inactive file. [Sec. 35, RA 8189]

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.

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