REGISTRATION OF VOTERS & CAMPAIGN AND EXPENDITURES

VOTERS REGISTRATION
RA 8189 or THE VOTERS REGISTRATION ACT OF 1996 Who may register (Qualifications): All citizens of the Philippines not otherwise disqualified by law; At least eighteen (18) years of age; Have resided in the Philippines for at least one (1) year; and Have resided in the place wherein they propose to vote for at least six (6) months immediately preceding the election.

 Any person who temporarily resides in another city, municipality or country solely by reason of his occupation, profession, employment, educational activities, work in the military or naval reservations within the Philippines, service in the AFP, the National Police Forces, or confinement or detention in government institutions in accordance with law, shall not be deemed to have lost his original residence. Any person, who, on the day of registration may have not reached the required age or period of residence but, who, on the day of the election shall possess such qualification, may register as a voter.

 Disqualifications:
a. Any person who has been sentenced by final judgment to suffer imprisonment of 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 shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence; Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government (rebellion, sedition, violation of the firearms laws or any crime against national security), unless restored to his full civil and political 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

b.

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 incompetent.

 Change of Residence to Another City or Municipality Any registered voter who has transferred residence to another city or municipality may apply with the Election Officer (EO) of his new residence for the transfer of his registration. Change of Address in the same City or Municipality Voter shall immediately notify the Election Officer in writing. If the change of address involves a change in precinct, the Board shall transfer his registration record to the precinct book of voters of his new precinct and notify the voter of his new precinct.
Illiterate Applicants may register with the assistance of the Election Officer or any member of an accredited citizens arms Disabled Applicants may be prepared by any relative with 4th civil degree of consanguinity or affinity or by the Election Officer or any member of an accredited citizens arm using the data supplied by the applicant. *illiteracy/disability shall be so indicated in the application.

 Election Registration Board (ERB)

Composed of: 1. Chairman Election Officer (EO) 2. Members:
a. b. The public school official most senior in rank; and The civil registrar, or in his absence; The city or municipal treasurer.

*In case of disqualification of the Election Officer, the

Commission shall designate an acting Election Officer who shall serve as Chairman of ERB. *In case of disqualification or non-availability of the Local registrar or the Municipal Treasurer, the Commission shall designate any other appointive civil service official from the same locality as substitute. *No member of the Board shall be related to each other or to any incumbent city or municipal elective official within the 4th civil degree of consanguinity or affinity.

 Deactivation of Registration
Causes:
a. Any person who has been sentenced by final judgment to suffer imprisonment of 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 shall automatically reacquire the right to vote upon expiration of 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 Sandigan Bayan; Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government (rebellion, sedition, violation of the firearms laws or any crime against national security), unless restored to his full civil and political 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;

b.

c.

d.

e. f.

Any person declared by competent authority to be insane or incompetent unless such disqualification has been subsequently removed by a declaration of a proper authority that such person is no longer insane or incompetent; Any person who did not vote in the two (2) successive preceding regular elections (regular elections do not include SK elections); Any person whose registration has been ordered excluded by the court; and Any person who has lost his Filipino citizenship.

*The clerks of courts of the MTC, MCTC, Metropolitan TC, RTC and
the Sandiganbayan shall furnish the EO of the city or municipality concerned at the end of each month a certified list of persons who are disqualified with their addresses. *The Commission may request a certified list of persons who have lost their Filipino Citizenship or declared as insane or incompetent from other government agencies.

 Reactivation of Registration
Any voter whose registration has been deactivated pursuant to Section 27 of RA 8189 may file with the EO a sworn application for reactivation of his registration in the form of affidavit stating that the grounds for the deactivation no longer exist. May file at any time but not later that 120 days before regular election and 90 days before special elections.

Cancellation of Registration
The Board shall cancel the registration records of those who have died as certified by the Local Civil Registrar. The Local Civil Registrar shall submit each month a certified list of persons who died during the previous month to the EO of the place where the deceased are registered.

 Effect of Registry List of Voters

The registry list of voters as finally corrected for use in an election is conclusive on the question as to who have the right to vote in said election. However, the list is not conclusive with respect to future elections. It does not constitute res judicata, which means that it does not operate as a bar to any future action that a party may take concerning the subject passed upon in the case. Decision on exclusion and inclusion or voters proceedings, not res judicata Domino v. COMELEC

A qualified applicant need only to appear personally at the local COMELEC office.

The applicant's identity and residence will be verified. (Bring a valid ID with photograph and signature.)

The applicant's status of registration will also be verified.

REGISTRATION PROCEDURES As Per COMELEC Resolution No. 8514

An Acknowledgment Receipt will be given to the applicant afterwards.

The applicant's biometrics will then be digitally captured

After a successful verification of the applicants identity, the applicant shall be given three (3)application forms to fill up: One for the Election Officer (with back-toback printing); One for the Provincial File; and One for the Central File.

ABSENTEE VOTING LAW

RA 9189 or THE OVERSEAS ABSENTEE VOTERS ACT OF 2003

What is the Overseas Absentee Voting Act of 2003?

Republic Act No. 9189, also known as "The Overseas Absentee Voting Act of 2003", is the law that ensures equal opportunity to all qualified citizens of the Philippines abroad in the exercise of their right to participate in the election of President, Vice-President, Senators and Party-List Representatives.

 When was the first election of the Overseas Absentee Voting Act implemented?
The Overseas Absentee Voting Act was first implemented last May 10, 2004 national elections.

Who are qualified to participate under the Overseas Absentee Voting Act?
1. 2. 3. All Filipino citizens, not otherwise disqualified by law; at least eighteen (18) years of age on the day of the election; and registered overseas absentee voters with approved application to vote in absentia.

may vote for President, Vice-President, Senators and Party-List Representatives

 Who are disqualified from registering as overseas absentee voters?

The following are disqualified from registering as overseas absentee voters: a. Those who have lost their Philippine citizenship in accordance with Philippine laws; b. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country; c. Those who have been convicted by final judgment of a court or tribunal of an offense punishable by imprisonment of not less than one (1) year, unless such disability has been removed by plenary pardon or amnesty;

d. Those who have been found guilty by final judgment of Disloyalty as defined under Article 137 of the Revised Penal Code, unless such disability has been removed by plenary pardon or amnesty; e. An immigrant or a permanent resident who is recognized as such in the host country, unless he/she executes upon filing of an application for registration as overseas absentee voter an affidavit declaring that: (i) he/she shall resume actual physical permanent residence in the Philippines not later than three (3) years from approval of his/her registration, and (ii) he/she has not applied for citizenship in another country;

f.

Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad, as verified by the Philippine embassy, consulate or foreign service establishment concerned, unless such competent authority subsequently certifies that such person is no longer insane or incompetent.

those disqualified under paragraphs (c) and (d) hereof who have not been granted plenary pardon or amnesty shall automatically acquire or reacquire the right to vote as an overseas absentee voter upon the expiration of five (5) years after service of sentence.

 How may a Filipino citizen become a registered overseas absentee voter? Filipino citizens abroad or Filipino citizens in the Philippines who will be abroad on election day may become registered overseas absentee voters by filing an application for registration or certification as overseas absentee voters. Is a registered overseas absentee voter automatically entitled to vote? No, a registered overseas absentee voter must have an approved application to vote in absentia to be entitled to vote for President, Vice-President, Senators and Party-List Representatives.

 What does the application for registration or certification as overseas absentee voter and application to vote in absentia contain?
The application for registration or certification as overseas absentee voter and application to vote in absentia are contained in one form, consisting of five parts: a. Part 1 - The Application for Registration to be accomplished by ALL applicants. b. Part 2 - The Application for Certification to be accomplished ONLY by applicants who are already registered as voters under Republic Act No. 8189, also known as "The Voter's Registration Act of 1996".
*(Those who registered before the June 1997 general registration of voters and those who registered before the December 1999 general registration of voters in the Autonomous Region in Muslim Mindanao [ARMM], except Cotabato City and Isabela City of Basilan, are not considered registered voters under RA No. 8189)

c. Part 3 - The Oath to be accomplished ONLY by applicants who are immigrants or permanent residents abroad.
d. Part 4 - The Oath to be accomplished by ALL applicants. e. Part 5 - The Application to Vote In Absentia to be accomplished by ALL applicants.

 Where shall an application be filed?

If you are abroad during the period for the filing of applications - File the application with the representative of the Commission at the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction over the locality where you temporarily reside. In case of seafarers file the application with the representative of the Commission at the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction over the locality where your vessel is docked during the period for the filing of applications. If in the Philippines during the period for the filing of applications but will be abroad on the day of the election - File the application with the Election Registration Board of the city/municipality/district where the applicant domiciled prior to departure from the Philippines.

 What is the procedure for the filing of an application?

If abroad a. Personally appear before the representative of the Commission at the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction over the locality where the applicant temporarily resides; Present valid Philippine passport; Accomplish the prescribed application form; and Submit the accomplished application form with a photocopy of passport.

b. c. d.

*In case of seafarers they have to present a photocopy of their

Seaman's Book or any other document that will prove that they are a indeed seafarers.

 What is the period for casting of votes for land-based overseas absentee voters?
Land-based overseas absentee voters with approved application to vote in absentia shall cast their votes at any time within thirty (30) days before the day of the election.

What is the period for casting of votes for overseas absentee voters who are seafarers?
Overseas absentee voters who are seafarers with approved application to vote in absentia shall cast their votes at any time within sixty (60) days before the day of election.

How are votes cast?

Qualified overseas absentee voters shall cast their votes personally only in the designated voting area within the premises of the Philippine embassy, consulate and other foreign service establishment that has jurisdiction over the country where they temporarily reside, or at any polling place designated and accredited by the Commission therein. Votes may also be cast by mail in countries where the Commission has authorized the same.

 Who can vote?

Only those whose names are included in the Certified List of Overseas Absentee Voters can cast their votes.
A voter whose name does not appear in the Certified List of Overseas Absentee Voters shall not be allowed to vote.

When is Voting by Mail allowed?

Voting by mail may be allowed in countries that satisfy the following conditions:
a.
b.

c.

Where the mailing system is fairly well-developed and secure to prevent occasion for fraud; Where there exists a technically established identification system that would preclude multiple or proxy voting; and Where the system of reception and custody of ballots in the embassies, consulates and other foreign service establishments concerned are adequate and well-secured.

Who will conduct the voting?

A Special Board of Election Inspectors (SBEI) composed of:
a. a Chairman, b. a Poll Clerk and c. a Member-Secretary shall conduct the voting.
The Ambassador or Consul-General or any career public officer posted abroad designated by the Commission shall act as the Chairman. In the absence of any government officer, the two (2) other members shall be citizens of the Philippines who are qualified to vote under the Overseas Absentee Voting Act of 2003.

CAMPAIGN & EXPENDITURES

Section 80 of the Omnibus Election Code prohibits any election campaign or partisan political activity outside the campaign period. However, political parties may hold political conventions or meetings to nominate their official candidates within thirty (30) days before the commencement of the campaign period and fortyfive (45) days for Presidential and Vice-Presidential election. Sec. 80, OEC Section 9, Art. IX-C of the 1987 Constitution provides that unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty (30) days thereafter.

 Election Campaign or Partisan Political Activity

An act designed to promote the election or defeat of a particular candidate or candidates to a public office, which implies that if there is yet no candidate whose interest is to be promoted or defeated, there is no restriction to any election campaign or partisan political activity.

Candidate
One who filed his certificate of candidacy, which the law requires that it be filed on any day not later than the day before the beginning of the election period but not later than the day before the beginning of the campaign period.
Foreigner, whether juridical or natural person, are prohibited to aid any candidate or political party, directly or indirectly, or take part in or influence in any manner any election, or to contribute or make any expenditure in connection with any election campaign or partisan political activity.

 Lawful Election Propaganda

Shall include:
a. Pamphlets, leaflets, cards, decals, stickers or other written or printed materials of a size not more than eight and one-half inches in width and fourteen inches in length (legal size); Handwritten or printed letters urging voters to vote for or against any particular candidate; Cloth, paper or cardboard posters, whether framed or posted, with an area not exceeding two feet by three feet, except that, at the site and on the occasion of a public meeting or rally, or in announcing the holding of said meeting or rally, streamers not exceeding three feet by eight feet in in size, shall be allowed: Provided, That said streamers may not be displayed except one week before the date of the meeting or rally that it shall be removed within 72-hours after said meeting or rally; or

b.
c.

d.

All other forms of election propaganda not prohibited by OEC as the Commission may authorize after due notice to all interested parties and hearing where all the interested parties were given an equal opportunity to be heard.

RA 9006 (AN ACT TO ENHANCE THE HOLDING OF FREE, ORDERLY, HONEST, PEACEFUL AND CREDIBLE ELECTIONS THROUGH FAIR ELECTION PRACTICES) also include Paid advertisements in print or broadcast media: Provided, That the advertisements shall follow the requirements set forth in the law as lawful election propaganda. If the broadcast is given free of charge by the radio or television station, it shall be identified in words.

 Equal Access to Media Time and Space

Guidelines: a. Print advertisements shall not exceed page, in broadsheet and page in tabloids thrice a week per newspaper, magazine or other publications, during campaign period. b. Television Advertisements each bona fide candidate or registered political party for a nationally elective office shall be entitled to not more than 120 minutes; Candidates for locally elective office entitled to not more than 60 minutes. c. Radio Advertisements (whether by purchase or donation) - each bona fide candidate or registered political party for a nationally elective office shall be entitled to not more than 180 minutes; Candidates for locally elective office entitled to not more than 90 minutes.

 The COMELEC shall supervise the use and employment of press, radio and television facilities insofar as the placement of political advertisements is concerned to ensure that candidates are given equal opportunities under equal circumstances to make known their qualifications and their stand on public issues within the limits set forth in the Omnibus Election Code.

Rates for Political Propaganda

Media outlets shall charge registered political parties and bona fide candidates during the election: a. 30% discount - for Television Advertisements b. 20% discount for Radio Advertisements c. 10% discount for Print (broadsheet/tabloids)

 Contributions
Includes a gift, donation, subscription, loan, advance or deposit of money or anything of value, or a contract, promise or agreement of contribution, whether or not legally enforceable, made for the purpose of influencing the results of the elections but shall not include services rendered without compensation by individuals volunteering a portion or all of their time in behalf of a candidate or political party. It also include the use of facilities voluntarily donated by other persons. Includes the payment or delivery of money or anything of value, or a contract, promise or agreement to make an expenditure, for the purpose of influencing the results of the election. Also include the use of facilities personally owned by the candidate.

 Prohibited Contributions:
The following are prohibited from making any contributions: a. Public and private financial institutions; b. Natural and juridical persons operating a public utility or in possession of or exploiting any natural resources of the nation; c. Natural and juridical persons who hold contracts or sub-contracts to supply the government with goods and services or to perform construction or other works; d. Natural and juridical persons who have been granted franchises, incentives, exemptions, allocations or similar privileges or concessions by the government, including GOCCs.

e.

f.

g.

h.

Natural and juridical persons who, within one year prior to the date of the election, have been granted loans or other accommodations in excess of P100,000 by the government including GOCCs. Educational institutions which have received grants of public funds amounting to no less than P100,000.00; Officials or employees in the Civil Service, or members of the Armed Forces of the Philippines; and Foreigners and foreign corporations.
The Law prohibits the raising of funds through holding dances, lotteries, cockfights, games, boxing bouts, bingo, beauty contests, entertainments, and other similar activities or performances in support of any candidate from the commencement of the election period up to and including election day.

 Authorized expenditures:
Sec. 13 of RA 7166 or An Act Providing for Synchronized National and Local Elections and for Electoral Reforms authorized expenses of candidates and political parties: a. For Candidates 1. President and Vice-President P10.00/voter 2. For other candidates P3.00/voter currently registered in the constituency where he filed his certificate of candidacy 3. For a candidate without any political party and without support from any political party P5.00/voter b. For Political Parties - P5.00 for every voter currently registered in the constituency or constituencies where it has official candidates.

 The following are lawful expenditures:

a. For travelling expenses of the candidates and campaign personnel in the course of the campaign and for personal expenses incident thereto; b. For compensation of campaigners, clerks, stenographers, messengers, and other persons actually employed in the campaign; c. For telegraph and telephone tolls, postage, freight and express delivery charges; d. For stationery, printing and distribution of printed matters relative to candidacy; e. For employment of watchers at the polls; f. For rent, maintenance and furnishing of campaign headquarters, office or place of meetings;

g.

h. i. j.

k.

For political meetings and rallies and the use of the sound systems, lights and decorations during said meeting and rallies; For newspaper, radio, television and other public advertisements; For employment of counsel; For copying and classifying list of voters, investigating and challenging the right to vote of persons registered in the lists: For printing sample ballots in such color, size and maximum number as may be authorized by the Commission .

Thank you