Constitutional basis of suffrage

Article 5, SECTION 1. Suffrage may be exercised by all citizens of the Philippines

not otherwise disqualified by law, who are at least eighteen years of age, and who
shall have resided in the Philippines for at least one year and in the place wherein
they propose to vote for at least six months immediately preceding the
election. No literacy, property, or other substantive requirement shall be imposed on
the exercise of suffrage.
Article 5, SECTION 2. The Congress shall provide a system for securing the secrecy
and sanctity of the ballot as well as a system for absentee voting by qualified
Filipinos abroad.
The Congress shall also design a procedure for the disabled and the illiterates to
vote without the assistance of other persons. Until then, they shall be allowed to vote
under existing laws and such rules as the Commission on Elections may promulgate
to protect the secrecy of the ballot.

Nature of suffrage
1973 Consti, Article V SEC. 4. It shall be the obligation of every citizen qualified to vote to
register and cast his vote.

Omnibus Election Code, Sec. 4. Obligation to register and vote. - It shall be

the obligation of every citizen qualified to vote to register and cast his vote.
Omnibus Election Code, Section 261 (y) Any person who, having all the
qualifications and none of the disqualifications of a voter, fails without justifiable
excuse to register as a voter in an election, plebiscite or referendum in which he
is qualified to vote.
Sec. 264. Penalties. - Any person found guilty of any election offense under this
Code shall be punished with imprisonment of not less than one year but not more
than six years and shall not be subject to probation. In addition, the guilty party
shall be sentenced to suffer disqualification to hold public office and deprivation of
the right of suffrage. If he is a foreigner, he shall be sentenced to deportation
which shall be enforced after the prison term has been served. Any political party
found guilty shall be sentenced to pay a fine of not less than ten thousand pesos,
which shall be imposed upon such party after criminal action has been instituted
in which their corresponding officials have been found guilty.
In case of prisoner or prisoners illegally released from any penitentiary or jail
during the prohibited period as provided in Section 261, paragraph (n) of this

Code, the director of prisons, provincial warden, keeper of the jail or prison, or
persons who are required by law to keep said prisoner in their custody shall, if
convicted by a competent court, be sentenced to suffer the penalty of prision
mayor in its maximum period if the prisoner or prisoners so illegally released
commit any act of intimidation, terrorism of interference in the election.
Any person found guilty of the offense of failure to register or failure to vote shall,
upon conviction, be fined one hundred pesos. In addition, he shall suffer
disqualification to run for public office in the next succeeding election following his
conviction or be appointed to a public office for a period of one year following his
conviction.
Article 5, SECTION 1. Suffrage may be exercised by all citizens of the Philippines
not otherwise disqualified by law, who are at least eighteen years of age, and who
shall have resided in the Philippines for at least one year and in the place wherein
they propose to vote for at least six months immediately preceding the election. No
literacy, property, or other substantive requirement shall be imposed on the exercise
of suffrage.

Suffrage for overseas absentee voters.

RA 9189, Section 5(d) An immigrant or a permanent resident who is recognized

as such in the host country, unless he/she executes, upon registration, an

affidavit prepared for the purpose by the Commission declaring that he/she
shall resume actual physical permanent residence in the Philippines not
later than three (3) years from approval of his/her registration under this
Act. Such affidavit shall also state that he/she has not applied for citizenship in
another country. Failure to return shall be the cause for the removal of the name
of the immigrant or permanent resident from the National Registry of Absentee
Voters and his/her permanent disqualification to vote in absentia.

Suffrage for local absentee voters

EXECUTIVE ORDER NO. 157 March 30, 1987
PROVIDING FOR ABSENTEE VOTING BY OFFICERS AND EMPLOYEES OF GOVERNMENT
WHO ARE AWAY FROM THE PLACE OF THEIR REGISTRATION BY REASON OF OFFICIAL
FUNCTIONS ON ELECTION DAY
WHEREAS, under the electoral law now in force the rule is that a person has to be physically
present in the polling place whereof he is a registered voter in order to be able to vote;

WHEREAS, the only exception is that established by Section 169 of Batas Pambansa Blg. 881,
which allows members of the board of election inspectors to vote in the polling place where they
are assigned on election day, under certain conditions;
WHEREAS, there are other persons who, by reason of public functions and duties, are assigned
on election day in places other than their place of registration, and under existing rules, are thus
unable to vote;
WHEREAS, the democratic principle requires the broadest participation in electoral and similar
exercises by persons who have all the qualifications and none of the disqualifications to vote;
WHEREAS, government officials and employees who are assigned to places other than their
place of registration must not be deprived of their right to participate in electoral exercises;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby order:
Sec. 1. Any person who by reason of public functions and duties, is not in his/her place of
registration on election day, may vote in the city/municipality where he/she is assigned on
election day: Provided, That he/she is a duly registered voter.
Sec. 2. Thirty (30) days before the election, the appropriate head of office shall submit to the
Commission on Elections a list of officers and employees of the office who are registered voters,
and who, by reason of their duties and functions, will be in places other than their place of
registration, and who desire to exercise their right to vote, with the request that said officers and
employees be provided with application forms to cast absentee ballots in their place of
assignment.
The list and the request shall be under oath.
Sec. 3. Upon verification by the Commission on Elections that the persons included in the list are
qualified voters, it shall transmit the exact number of application forms to the head of the office
making the request.
Sec. 4. The application forms shall be returned only accomplished to the Commission on
Elections not later than April 25, 1987.
Sec. 5. Upon verification of the applications, the Commission shall transmit the exact number of
absentee ballots to the appropriate head of the government office for distribution to the
applicants.
Sec. 6. The head of the office shall prepare a sworn report on the manner of distribution of the
absentee ballots, indicating therein the number of ballots transmitted to each province, the
names of the persons to whom the absentee ballots are delivered, and the serial numbers of
ballots. It shall be accompanied by a certificate of eligibility to vote absentee for each particular
voter.
Sec. 7. For the purpose of the 1987 congressional election, the absentee voters shall vote only
for candidates for senator.
Sec. 8. The voters who cast absentee votes shall vote one week before election day. They shall
do so by delivering to the Commission on Elections Regional Director, or the Provincial Election
Supervisor or the City or Municipal Election Registrar of the place of their assignment ballot

within two security envelopes, the one containing the absentee ballots indicating only that it is an
envelope of the Commission on Elections, and the other envelope indicating the name of the
absentee voter and his/her affidavit number.
Sec. 9. The Commission on Elections official concerned to whom the absentee vote is delivered
shall immediately transmit by the fastest means available to the Commission on Elections the
special Commission on Elections absentee ballot within two security envelopes so that the same
are in the central office of the Commission one day before the elections.
The transmittal letter shall indicate the names of the persons who cast the absentee votes, their
voters' affidavit numbers and their certificates of eligibility to vote absentee.
Sec. 10. The Commission on Elections shall canvass the votes cast by absentee voters and shall
add the results of the same to the votes reported throughout the country.
Sec. 11. The Commission shall promulgate the necessary rules and regulations to implement this
Executive Order.
Sec. 12. Section 169 of Batas Pambansa Blg. 881 shall remain in force and effect, and shall
continue to govern the voting privilege of members of the Board of Election Inspectors. All laws,
orders, issuances, rules and regulations or parts thereof inconsistent with this Executive Order
are hereby repealed or modified accordingly.
lawphi1.net

Sec. 13. This Executive Order shall take effect immediately.

Done in the City of Manila, this 30th day of March, in the year of Our Lord, nineteen hundred and
eighty-seven.

Omnibus Election Code, Sec. 169. Voting privilege of members of board of

election inspectors. - Members of the board of election inspectors and their
substitutes may vote in the polling place where they are assigned on election day:
Provided, That they are registered voters within the province, city or municipality
where they are assigned: and Provided, finally, That their voting in the polling
places where they are not registered voters be noted in the minutes of the board
of election inspectors.
RA 7166, Sec. 12. Absentee Voting. - Absentee voting as provided for in
Executive Order No. 157 dated March 30, 1987 shall apply to the elections for
President, Vice-President and Senators only and shall be limited to members of
the Armed Forces of the Philippines and the Philippine National Police and other
government officers and employees who are duly registered voters and who, on
election day, may temporarily be assigned in connection with the performance of
election duties to place where they are not registered voters.
[REPUBLIC ACT NO. 10380]

AN ACT PROVIDING FOR LOCAL ABSENTEE VOTING FOR MEDIA

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Declaration of Policy. The State shall ensure the free exercise of the
right of suffrage by all citizens of the Philippines not otherwise disqualified by law.
SEC. 2. Local Absentee Voting for Members of Media. The Commission on
Elections shall extend the right to vote under the local absentee voting system
provided under existing laws and executive orders to members of media, media
practitioners, including the technical and support staff, who are duly registered voters
and who, on election day, may not be able to vote due to the performance of their
functions in covering and reporting on the elections: Provided, That they shall be
allowed to vote only for the positions of President, Vice President, Senators and
Party-List Representative.
SEC. 3. Implementing Rules and Regulations. The Commission on Elections shall,
within thirty (30) days from the effectivity of this Act, promulgate the implementing
rules and regulations which shall include a system of accreditation and verification of
the members of media, media practitioners, the technical and support staff, who are
qualified to avail of local absentee voting.
SEC. 4. Appropriations. The initial funding of this Act shall be charged against the
current years appropriations or from any available savings of the Commission on
Elections. Thereafter, such amount as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.
SEC. 5. Separability Clause. If any part or provision of this Act shall be declared
unconstitutional or invalid, other provisions hereof which are not affected thereby
shall continue to be in full force and effect.
SEC. 6. Repealing Clause. All laws, presidential decrees, executive orders,
resolutions, rules and regulations, other issuances, and parts thereof, which are
inconsistent with the provisions of this Act, are hereby repealed or modified
accordingly.
SEC. 7. Effectivity. This Act shall take effect fifteen (15) days following its
publication in at least two (2) newspapers of general circulation.

Suffrage for disabled and illiterate voters

Article 5, SECTION 2. The Congress shall provide a system for securing the secrecy
and sanctity of the ballot as well as a system for absentee voting by qualified
Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to
vote without the assistance of other persons. Until then, they shall be allowed to vote
under existing laws and such rules as the Commission on Elections may promulgate
to protect the secrecy of the ballot.
RA 10366, SEC. 11. Assistance in the Accomplishment of the Ballot. A person with
disability or senior citizen who is illiterate or physically unable to prepare the ballot by
himself or herself may be assisted in the preparation of his or her ballot by a relative
by consanguinity or affinity within the fourth civil degree, or if he or she has none, by
any person of his or her confidence who belongs to the same household, or by any
member of the BEls. For this purpose, the person who usually assists the person
with disability or senior citizen, such as a personal assistant, a caregiver or a nurse
shall be considered a member of his or her household: Provided,That no voter shall
be allowed to have an assistor on the basis of illiteracy or physical disability unless it
is so indicated in his or her registration record. Nevertheless, if the physical inability
to prepare the ballot is manifest, obvious, or visible, said voter shall be allowed to be
assisted in accomplishing the ballot by a qualified assistor, even if not stated or
indicated in the registration record: Provided, further, That the assistor must be of
voting age.
The assistor shall hind himself or herself in a formal document under oath to fill out
the ballot strictly in accordance with the instructions of the voter and not to reveal the
contents of the ballot prepared by him or her, and shall prepare the ballot for the
voter inside the voting booth. Except for the members of the BEIs, no assistor can
assist for more than three (3) times. Any violation of this provision shall constitute an
election offense punishable under Section 262 of the Omnibus Election Code.

Sec. 14. Illiterate or Disabled Applicants. - Any illiterate person may register
with the assistance of the Election Officer or any member of an accredited
citizen's arms. The Election Officer shall place such illiterate person under oath,
ask him the questions, and record the answers given in order to accomplish the
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
accomplished form aloud to the person assisted and ask him if the information
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
customary mark and it shall be subscribed and attested by the majority of the
members of the Board.
The attestation shall state the name of the person assisted, the name of the
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
the Election Officer or the member of the accredited citizen's arm who assisted

the applicant read the accomplished form to the person assisted, and that the
person assisted affirmed its truth and accuracy, by placing his thumbmark or
some other customary mark on the application in the presence of the Board.
The application for registration of a physically disabled person may be prepared
by any relative within the fourth civil degree of consanguinity or affinity or by the
Election Officer or any member of an accredited citizen's arm using the data
supplied by the applicant. The fact of illiteracy or disability shall be so indicated in
the application.

Voters registration, defined.

RA 8189, Section 3(a) Registration refers to the act of accomplishing and filing of

a sworn application for registration by a qualified voter before the election officer
of the city or municipality wherein he resides and including the same in the book
of registered voters upon approval by the Election Registration Board;
(g) Election Registration Board refers to the body constituted herein to act on
all applications for registration;
RA 8189, Sec. 15. Election Registration Board. - There shall be in each city
and municipality as many as Election Registration Boards as there are election
officers therein. In thickly populated cities/municipalities, the Commission may
appoint additional election officers for such duration as may be necessary.
The Board shall be composed of the Election Officer as chairman and as
members, the public school official most senior in rank and the local civil registrar,
or in this 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 the Election Registration Board. 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 fourth civil degree of consanguinity or affinity.
If in succeeding elections, any of the newly elected city or municipal officials is
related to a member of the board within the fourth civil degree of consanguinity or
affinity, such member is automatically disqualified to preserve the integrity of the
Election Registration Board.

Every registered party and such organizations as may be authorized by the

Commission shall be entitled to a watcher in every registration board.
RA 8189, Sec. 20. Approval and Disapproval of Application. - The Election
Officer shall submit to the Board all applications for registration filed, together with
the evidence received in connection therewith. The Board shall, by majority vote,
approve or disapprove the applications.
Upon approval, the Election Officer shall assign a voters identification number
and issue the corresponding identification card to the registered voter. If the
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 case may be, with the proper Municipal or Metropolitan Trial Court as
provided for in this Act.

System of continuing Registration.

RA 8189, Sec. 8. System of Continuing Registration of Voters. - The personal
filing of application of registration of voters shall be conducted daily in the office of
the Election Officer during regular office hours. No registration shall, however, be
conducted during the period starting one hundred twenty (120) days before a
regular election and ninety (90) days before a special election.

Registration, jurisdiction.
RA 8189, Sec. 15. Election Registration Board. - There shall be in each city and

municipality as many as Election Registration Boards as there are election

officers therein. In thickly populated cities/municipalities, the Commission may
appoint additional election officers for such duration as may be necessary.
The Board shall be composed of the Election Officer as chairman and as
members, the public school official most senior in rank and the local civil registrar,
or in this 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 the Election Registration Board. 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 fourth civil degree of consanguinity or affinity.
If in succeeding elections, any of the newly elected city or municipal officials is
related to a member of the board within the fourth civil degree of consanguinity or
affinity, such member is automatically disqualified to preserve the integrity of the
Election Registration Board.
Every registered party and such organizations as may be authorized by the
Commission shall be entitled to a watcher in every registration board.

Registration, qualifications, disqualifications, procedure.

Article 5, SECTION 1. Suffrage may be exercised by all citizens of the Philippines
not otherwise disqualified by law, who are at least eighteen years of age, and who
shall have resided in the Philippines for at least one year and in the place wherein
they propose to vote for at least six months immediately preceding the election. No
literacy, property, or other substantive requirement shall be imposed on the exercise
of suffrage.
Omnibus Election Code, Sec. 118. Disqualifications. - The following shall be

disqualified from voting:

a. Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one year, such disability not having been
removed by plenary pardon or granted amnesty: Provided, however, That
any person disqualified to vote under this paragraph shall automatically
reacquire the right to vote upon expiration of five years after service of
sentence.
b. Any person who has been adjudged by final judgment by competent court
or tribunal of having committed any crime involving disloyalty to the duly
constituted government such as rebellion, sedition, violation of the antisubversion and 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 regain his right to vote automatically upon
expiration of five years after service of sentence.
c. Insane or incompetent persons as declared by competent authority.
RA 8189, Sec. 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 resided in the Philippines for at least one (1) year, and in the place
wherein they propose to vote, for at least six (6) months immediately preceding
the election, may register as a voter.
Any person who temporarily resides in another city, municipality or country solely
by reason of his occupation, profession, employment in private or public service,
educational activities, work in the military or naval reservations within the
Philippines, service in the Armed Forces of the Philippines, 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 not have reached the required
age or period of residence but, who, on the day of the election shall possess such
qualifications, may register as a voter.
Sec. 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
to be able to vote in any election. To register as a voter, he shall personally
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
having acquired the qualifications of a voter.
The application shall contain the following data:
a. Name, surname, middle name, and/or maternal surname;
b. Sex;
c. Date, and place of birth;
d. Citizenship;
e. Civil status, if married, name of spouse;
f. Profession, occupation or work
g. Periods of residence in the Philippines and in the place of registration;

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 none, a brief description of his residence, sitio, and barangay;
i. A statement that the applicant possesses all the qualifications of a voter;
j. A statement that the applicant is not a registered voter of any precinct; and
k. Such information or data as may be required by the Commission.
The application for registration shall contain three (3) specimen signatures of the
applicant, clear and legible rolled prints of his left and right thumbprints, with four
(4) identification size copies of his latest photograph, attached thereto, to be
taken at the expense of the Commission.
Before the applicant accomplishes his application for registration, the Election
Officer shall inform him of the qualifications and disqualifications prescribed by
law for a voter, and thereafter, see to it that the accomplished application contains
all the data therein required and that the applicant's specimen signatures,
fingerprints, and photographs are properly affixed in all copies of the voter's
application.
Sec. 11. Disqualification. - The following shall be disqualified from registering:
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 under this paragraph shall automatically
reacquire the right to vote upon expiration of five (5) years after service of
sentence;
b. 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 such as 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

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.
Sec. 12. 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 of his new residence for the transfer of his
registration records.
The application for transfer of registration shall be subject to the requirements of
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
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
record to the Election Officer of the voter's new residence.
Sec. 13. Change of Address in the Same City or Municipality. - Any voter who
has changed his address in the same city or municipality 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 All changes of
address shall be reported to the office of the provincial election supervisor and
the Commission in Manila.
Sec. 14. Illiterate or Disabled Applicants. - Any illiterate person may register
with the assistance of the Election Officer or any member of an accredited
citizen's arms. The Election Officer shall place such illiterate person under oath,
ask him the questions, and record the answers given in order to accomplish the
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
accomplished form aloud to the person assisted and ask him if the information
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
customary mark and it shall be subscribed and attested by the majority of the
members of the Board.
The attestation shall state the name of the person assisted, the name of the
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

the Election Officer or the member of the accredited citizen's arm who assisted
the applicant read the accomplished form to the person assisted, and that the
person assisted affirmed its truth and accuracy, by placing his thumbmark or
some other customary mark on the application in the presence of the Board.
The application for registration of a physically disabled person may be prepared
by any relative within the fourth civil degree of consanguinity or affinity or by the
Election Officer or any member of an accredited citizen's arm using the data
supplied by the applicant. The fact of illiteracy or disability shall be so indicated in
the application.

Deactivation, reactivation and cancellation of

registration.
RA 8189, Sec. 27. Deactivation of Registration. - The board shall deactivate
the registration and remove the registration records of the following persons from
the corresponding precinct book of voters and place the same, properly marked
and dated in indelible ink, in the inactive file after entering the cause or causes of
deactivation:
a. Any person who has been sentenced by final judgment to suffer
imprisonment 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 this paragraph 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 Sandiganbayan;
b. Any person who has been adjudged by final judgment by a competent
court or tribunal of having caused/committed any crime involving disloyalty
to the duly constituted government such as rebellion, sedition, violation of
the anti-subversion and 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 regain his right to vote automatically upon
expiration of five (5) years after service of sentence;
c. 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;
d. Any person who did not vote in the two (2) successive preceding regular
elections as shown by their voting records. For this purpose, regular
elections do not include the Sangguniang Kabataan (SK) elections;
e. Any person whose registration has been ordered excluded by the Court;
and
f. Any person who has lost his Filipino citizenship.
For this purpose, the clerks of court for the Municipal/Municipal
Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan shall furnish
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
their addresses. The Commission may request a certified list of persons who
have lost their Filipino Citizenship or declared as insane or incompetent with their
addresses from other government agencies.
The Election Officer shall post in the bulletin board of his office a certified list of
those persons whose registration were deactivated and the reasons therefor, and
furnish copies thereof to the local heads of political parties, the national central
file, provincial file, and the voter concerned.
Sec. 28. Reactivation of Registration. - Any voter whose registration has been
deactivated pursuant to the preceding Section may file with the Election Officer a
sworn application for reactivation of his registration in the form of an 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 (90)
days before a special election.
The Election Officer shall submit said application to the Election Registration
Board for appropriate action.
In case the application is approved, the Election Officer shall retrieve the
registration record from the inactive file and include the same in the
corresponding precinct book of voters. Local heads or representatives of political
parties shall be properly notified on approved applications.

Sec. 29. 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 Election Officer of the place 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 of the city or
municipality of the deceased's residence as appearing in his death certificate. In
any case, the Local Civil Registrar shall furnish a copy of this list to the national
central file and the proper provincial file.
The Election Officer shall post in the bulletin board of his office a list of those
persons who died whose registrations were cancelled, and furnish copies thereof
to the local heads of the political parties, the national central file, and the
provincial file.
RA 10367, Section 7. Deactivation. - Voters who fail to submit for validation on

or before the last day of filing of application for registration for purposes of the
May 2016 elections shall be deactivated pursuant to this Act.
RA 8189, Sec. 18. Challenges to Right to Register. - Any voter, candidate or
representative of a registered political party may challenge in writing any
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
hearing to the challenger and the applicant.
Oppositions to contest a registrant's application for inclusion in the voter's list
must, in all cases, be filed not later than the second Monday of the month in
which the same is scheduled to be heard or processed by the Election
Registration Board. Should the second Monday of the month fall on a nonworking holiday, oppositions may be filed on the next following working day. The
hearing on the challenge shall be heard on the third Monday of the month and the
decision shall be rendered before the end of the month.
Sec. 20. Approval and Disapproval of Application. - The Election Officer shall
submit to the Board all applications for registration filed, together with the
evidence received in connection therewith. The Board shall, by majority vote,
approve or disapprove the applications.

Upon approval, the Election Officer shall assign a voters identification number
and issue the corresponding identification card to the registered voter. If the
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 case may be, with the proper Municipal or Metropolitan Trial Court as
provided for in this Act.
Sec. 32. Common Rules Governing Judicial Proceedings in the Matter of
Inclusion, Exclusion, and Correction of Names of Voters. a. Petition for inclusion, exclusion or correction of names of voters shall be
filed during office hours;
b. Notice of the place, date and time of the hearing of the petition shall be
served upon the members of the Board and the challenged voter upon
filing of the petition. Service of such notice may be made by sending a
copy thereof by personal delivery, by leaving it in the possession of a
person of sufficient discretion in the 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 the city or municipal hall and
in two (2) other conspicuous places within the city or municipality;
c. A petition shall refer only to one (1) precinct and implead the Board as
respondents;
d. No costs shall be assessed against any party in these proceedings.
However, if the court should find that the application has been filed solely
to harass the adverse party and cause him to incur expenses, it shall order
the culpable party to pay the costs and incidental expenses;
e. Any voter, candidate or political party who may be affected by the
proceedings may intervene and present his evidence;
f. The decision shall be based on the evidence presented and in no case
rendered upon a stipulation of facts. If the question is whether or not the
voter is real or fictitious, his non-appearance on the day set for hearing
shall be prima facie evidence that the challenged voter is fictitious; and

g. The petition shall be heard and decided within ten (10) days from the date
of its filing. Cases appealed to the Regional Trial Court shall be decided
within ten (10) days from receipt of the appeal. In all cases, the court shall
decide these petitions not later than fifteen (15) days before the election
and the decision shall become final and executory.
Sec. 33. Jurisdiction in Inclusion and Exclusion Case. The Municipal and
Metropolitan Trial Courts shall have original and exclusive jurisdiction over all
cases of inclusion and exclusion of voters in their respective cities or
municipalities. Decisions of the Municipal or Metropolitan Trial Courts may be
appealed by the aggrieved party to the Regional Trial Court within five (5) days
from receipt of notice thereof. Otherwise, said decision shall become final and
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
executory. No motion for reconsideration shall be entertained.
Sec. 34. Petition for Inclusion of Voters in the List. - Any person whose
application for registration has been disapproved by the Board or whose name
has 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
hundred five (105) days prior to a regular election or seventy-five (75) days prior
to a special election. It shall be supported by a certificate of disapproval of his
application and proof of service of notice of his petition upon the Board. The
petition shall be decided within fifteen (15) days after its filing.
If the decision is for the inclusion of voters in the permanent list of voters, the
Board shall place the application for registration previously disapproved in the
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.

Inclusion and exclusion proceedings.

RA 8189, Sec. 24. National Central File. - There shall be a national central file

under the custody of the Commission in Manila consisting of the third copies of all
approved voter registration records in each city or municipality. It shall be
compiled by precinct in each city/municipality and arranged alphabetically by
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
alphabetical arrangements of surnames of voters.

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
municipality concerned, under the custody of the Commission in Manila.
The computerized voters' list shall make use of a single and uniform computer
program that will have a detailed sorting capability to list voters alphabetically by
the precincts where they vote, by the barangays, municipalities, cities or
provinces where they reside and by their voters identification number (VIN).

Sec. 32. Common Rules Governing Judicial Proceedings in the Matter of

Inclusion, Exclusion, and Correction of Names of Voters. a. Petition for inclusion, exclusion or correction of names of voters shall be
filed during office hours;
b. Notice of the place, date and time of the hearing of the petition shall be
served upon the members of the Board and the challenged voter upon
filing of the petition. Service of such notice may be made by sending a
copy thereof by personal delivery, by leaving it in the possession of a
person of sufficient discretion in the 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 the city or municipal hall and
in two (2) other conspicuous places within the city or municipality;
c. A petition shall refer only to one (1) precinct and implead the Board as
respondents;
d. No costs shall be assessed against any party in these proceedings.
However, if the court should find that the application has been filed solely
to harass the adverse party and cause him to incur expenses, it shall order
the culpable party to pay the costs and incidental expenses;
e. Any voter, candidate or political party who may be affected by the
proceedings may intervene and present his evidence;
f. The decision shall be based on the evidence presented and in no case
rendered upon a stipulation of facts. If the question is whether or not the
voter is real or fictitious, his non-appearance on the day set for hearing
shall be prima facie evidence that the challenged voter is fictitious; and

g. The petition shall be heard and decided within ten (10) days from the date
of its filing. Cases appealed to the Regional Trial Court shall be decided
within ten (10) days from receipt of the appeal. In all cases, the court shall
decide these petitions not later than fifteen (15) days before the election
and the decision shall become final and executory.
Sec. 33. Jurisdiction in Inclusion and Exclusion Case. The Municipal and
Metropolitan Trial Courts shall have original and exclusive jurisdiction over all
cases of inclusion and exclusion of voters in their respective cities or
municipalities. Decisions of the Municipal or Metropolitan Trial Courts may be
appealed by the aggrieved party to the Regional Trial Court within five (5) days
from receipt of notice thereof. Otherwise, said decision shall become final and
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
executory. No motion for reconsideration shall be entertained.
Sec. 34. Petition for Inclusion of Voters in the List. - Any person whose
application for registration has been disapproved by the Board or whose name
has 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
hundred five (105) days prior to a regular election or seventy-five (75) days prior
to a special election. It shall be supported by a certificate of disapproval of his
application and proof of service of notice of his petition upon the Board. The
petition shall be decided within fifteen (15) days after its filing.
If the decision is for the inclusion of voters in the permanent list of voters, the
Board shall place the application for registration previously disapproved in the
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.
Sec. 35. Petition for Exclusion of Voters from the List. - Any registered voters,
representative of a political party or the Election Officer, may file with the court a
sworn petition for the exclusion of a voter from the permanent list of 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) days before a
special election. The petition shall be accompanied by proof of notice to the
Board and to the challenged voter and shall be decided within ten (10) days from
its filing.

If the decision is for the exclusion of the voter from the list, the Board shall, upon
receipt of the final decision, remove the voter's registration record from the
corresponding book of voters, enter the order of exclusion therein, and thereafter
place the record in the inactive file.
Article IX(C), SECTION 2. The Commission on Elections shall exercise the following
powers and functions:
(3) Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.

Nature of voters registration records.

RA 8189, Sec. 41. Examination of Registration Records. - All registration
records/computerized voters list in the possession of the Election officer, the
Provincial Election Supervisor, and the Commission in Manila shall, during
regular office hours, be open to examination by the public for legitimate inquiries
on election related matters, free from any charge or access fee.
Law enforcement agencies may, upon prior authorization and subject to
regulations promulgated by the Commission, have access to said registration
records should the same be necessary to and in aid of their investigative
functions and duties.
RA 10367, Section 9. Database Security. - The database generated by
biometric registration shall be secured by the Commission and shall not be used,
under any circumstance, for any purpose other than for electoral exercises.

Annulment of list of voters.

RA 8189, Sec. 33. Jurisdiction in Inclusion and Exclusion Case. The

Municipal and Metropolitan Trial Courts shall have original and exclusive
jurisdiction over all cases of inclusion and exclusion of voters in their respective
cities or municipalities. Decisions of the Municipal or Metropolitan Trial Courts
may be appealed by the aggrieved party to the Regional Trial Court within five (5)
days from receipt of notice thereof. Otherwise, said decision shall become final
and 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
executory. No motion for reconsideration shall be entertained.

Sec. 39. Annulment at Book of Voters. - The Commission shall, upon verified
petition of any voter or election officer or duly registered political party, and after
notice and hearing, annul any book of voters that is not prepared in accordance
with the provisions of this Act or was prepared through fraud, bribery, forgery,
impersonation, intimidation, force or any similar irregularity, or which contains
data that are statistically improbable. No order, ruling or decision annulling a book
of voters shall be executed within ninety (90) days before an election.