Registration

Registration Procedure

● The procedural requirements a potential voter has to go through before he can exercise
his right to vote. It is a means to determine who possesses the qualifications of a voter.
● Regulates the exercise of the right to vote

● Constitution prescribes minimum qualifications

● Not a new qualification (doesn’t violate the whole no adding requirements that are not in
the constitution thing), but is a mere regulation of what the constitution prescribed

Necessity of Registration

● Essential to the exercise of the right of suffrage, not the possession thereof

How does this go?

● A qualified voter should be registered in a permanent list of voters in the city where he
resides. If he goes somewhere for school or work, he doesn’t lose this original residence
Qualification MUST be evidenced by proper registration.

Election Registration Board

● ERB - In each city there shall be as many ERB’s as there are election officers. The
COMELEC may appoint additional officers when necessary

● ERB composed of:

○ Election Officer (chairman)
○ Members (public school official most senior in rank & local civil registrar -
or in his absence - the municipal treasurer)

NOTE:​ If the election officer is disqualified COMELEC appoints a new one. If the
local civil registrar is not available, they appoint a civil service official from the
same locality as a substitute.

Illiterate or Disabled Applicants

● Assisted by an Election Officer or a member of an accredited Citizen’s arm

○ They place the​ illiterate person ​under oath, ask him questions to accomplish the
application form in the presence of the majority of the members of the board
 ○ They read the accomplished form aloud then ask if the info is true
○ Subscribed by the applicant in the presence of the board by means of thumbmark
or some other customary mark
○ For a ​disabled ​person: the application may be prepared by any relative within the
4th civil degree of consanguinity or affinity

NOTE:​ The fact of illiteracy or disability shall be indicated in the app

Change of Residence or Address

● Application for transfer subject to the requirements of notice and hearing

○ If the address change is in the same city or municipality:​ the voter should
immediately notify the Election Officer in writing so that his registration can be
transferred to the precinct book of voters @ his new precinct
■ Notice of hearing shall be posted on the municipal bulletin board a week
before the hearing / copies shall be furnished to the applicant
■ At the hearing Election Officer shall receive evidence for or against
■ If no objection was raised @ application, no need to go to the hearing
■ Hearings on a quarterly basis

Challenges to Right to Register

Can be challenged by any voter, candidate, or representative of a registered

political party, but there are requirements:

● Should be made under oath, attached to the app

● Must be filed not later than the 2nd Monday of the month when it is
scheduled to be heard and processed
● Hearing is on the 3rd monday of the month

After Application of Registration

● If accepted, assigned a voter’s identification number / card
● If the board disapproves, furnished with a cert of disapproval with reasons
as to why they were rejected

Voter’s Registration Records

● Original Copy: ​Book of voters

● Provincial File: ​Duplicate copies which are sent to every precinct of every city and
municipality in the province
● National Central File:​ Third copies held in custody by the Commission in Manila
Identification of Voters:
● Voters ID, if lost, a copy can be issued only to the voter THEMSELF
● ID number, it’s a unique code based on their address

Deactivation

● Removal of the registration record of a registered voter from the precinct book
○ Any person sentenced by final judgment to imprisonment of not less than one
year / not given pardon or amnesty (they reacquire the right 5 years after the
service of their sentence)
○ Adjudged by final judgment of a crime involving disloyalty to the govt. (Rebellion)
○ Insane / Incompetent
○ Person who did not vote in 2 successive elections (not including SK)
○ Registration ordered excluded by the court
○ Lost his Filipino Citizenship

Reactivation

● Voter may file an application for reactivation stating the cause of deactivation not later
than 120 days before an election, 90 days before a special election
● App sent to ERB
● Retrieve the record from the inactive file and place it in the precinct book

Cancellation of Registration

● Those who died

● Info is posted on the bulletin board

List of Voters

● Enumeration of names of registered voters in a precinct

● Computerized lists arranged by precincts also exist

Book of Voters
● Compilation of all registration records in a precinct
● ERB seals the book at the start of the campaign period. It is delivered by the Election
Officer to the board of election officers for Election day

Correction of Names
● Petition for inclusion / correction of names shall be filed
● A hearing will happen
 ● No costs against any party

Qualification of Voters:
● Citizenship
● Age
● Residence

Residence
● Matter of intention
● Domicile
● Mere absence without intention to abandon doesn’t change residence
● Not necessary they have a house to establish residence as long as he lives there and he
intends to reside there permanently

Precincts and Polling Places

Election Precincts

● Basic unit of territory for the purpose of voting

● Commission shall introduce permanent numbering of all precincts (Arabic number and
Roman letter) for original and mother precincts
● No territory composing a precinct shall be altered
● Splitting or merger not allowed without redrawing the map at least 120 days before a
normal election and 90 days before a special election

Arrangement

● One precinct per barangay

○ No more than 200 voters for 1 precinct
○ Less than 200 is okay for a precinct
● Alterations should be announced
● Consolidation / merger of up to 3 precincts is allowed

Publication of Maps

● At least 5 days before the first registration

Polling Place
● Comfy for at least 40 people
● Designated polling place remains the same unless
○ Exception: petition of the majority of voters of the precinct
Requisites for Printing / Distribution

● Official ballots shall be printed upon the orders of the COMELEC

● Official ballots shall be printed by the government printing office / central bank printing
facilities exclusively under executive supervision
● Official ballots shall be distributed by the Commission to each city

Certificate of Candidacy

Candidate​:
● Any person aspiring for or seeking an elective public office, who has filed a certificate of
candidacy by himself or through an accredited political party

CoC
● A formal manifestation to the whole world of the candidate’s political creed / lack of
political creed. Statement of a person seeking to run for a public office.

Filing of Cert
● Good for only 1 office
● Votes for a person who didn’t file = a stray vote
● COMELEC has jurisdiction over it

Time, Place, and Manner of Filing

● Pres, vice-pres, senators, with the main office in Manila
● House of Reps, provincial election supervisor
● Provincial officers, provincial election supervisor
● City / Municipal Officers, city or municipal election registrar

Automatic Resignation
● If a person holds a public office / is a member of the armed forces, filing of CoC leads to
their automatic resignation. Their old sea is forever forfeited and only a new election or
appointment can restore the ousted official

Candidates in Case of Death, Disqualification, Withdrawal

● If a candidate dies, a person belonging to the same political party may file a cert of
candidacy to replace the candidate who died, withdrew, got disqualified

NOTE: does not apply to candidates who’s apps were denied / cancelled
 NOTE 2: To vote for the substitute write their name on the ballot

Petition to Deny / Cancel

● Filed any time within 25 days from the filing of the CoC

Petition for Inclusion / Exclusion of Voters

● App to register as a voter to be eligible to vote

● CoC for candidates to be eligible to run

Grounds of Cancelation
● Cert has been filed to put the election process in mockery
● Cert was filed to cause confusion, ex. Similarity of names
● Other circumstances that show the candidate has no legit intention to run for the office

Becomes final 5 days from COMELEC’s promulgation

NOTE:​ If no final judgment before elections, COMELEC has juris

Material Misrepresentation
● Cancellation of the CoC

Remedy Where Candidate Has Been Proclaimed

● Contest his election after he has been proclaimed

● Though generally, better to question before or on the election before the will of the
people has prevailed. Doubts are resolved in favor of eligibility.

Disqualifications
● Declared insane or incompetent
● Final decision of a court found guilty of:
○ Given money to corrupt the voters
○ Acts of terrorism
○ Spent amount excess of that allowed
○ Solicited or received any contribution prohibited
○ Violated Election Code

Effects:
● After final judgment: Shall not be voted for
● Before final judgment: Continue with the trial / hearing