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R.A. 8189

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100% found this document useful (1 vote)
1K views10 pages

R.A. 8189

Uploaded by

Wreigh Paris
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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REPUBLIC ACT No.

8189
1996 June 11 j) Precinct refers to the basic unit of territory
established by the Commission for the purpose
AN ACT PROVIDING FOR A GENERAL of voting;
REGISTRATION OF VOTERS, ADOPTING A
SYSTEM OF CONTINUING REGISTRATION, k) Precinct Maps refers to a sketch or drawing
PRESCRIBING THE PROCEDURES THEREOF AND of a geographical area stated in terms of
AUTHORIZING THE APPROPRIATION OF FUNDS streets or street blocks or sitios the residents of
THEREFOR which would belong to a particular precinct;

Section 1. Title. This Act shall be known as "The l) Polling place refers to the place where the
Voter’s Registration Act of 1996." Board of Election Inspectors conducts its
proceeding and where the voters cast their
Section 2. Declaration of Policy. It is the policy votes;
of the State to systematize the present method
of registration in order to establish a clean, m) Voting center refers to the building or place
complete, permanent and updated list of where the polling place is located;
voters.
n) Election Officer refers to the highest official
Section 3. Definition of Terms. As used in this or authorized representative of the Commission
Act: in a city or municipality; and

a) Registration refers to the act of o) Board of Election Inspectors refers to the


accomplishing and filing of a sworn application body which conducts the election in the polling
for registration by a qualified voter before the place of the precinct usually composed of three
election officer of the city or municipality (3) public school teachers appointed by the
wherein he resides and including the same in Commission.
the book of registered voters upon approval by
the Election Registration Board; Section 4. Permanent List of Voters. There shall
be a permanent list of voters per precinct in
b) Registration Record refers to an application each city or municipality consisting of all
for registration duly approved by the Election registered voters residing within the territorial
Registration Board; jurisdiction of every precinct indicated by the
precinct maps.
c) Book of Voters refers to the compilation of all
registration records in a precinct; Such precinct-level list of voters shall be
accompanied by an addition deletion list of the
d) List of Voters refers to an enumeration of purpose of updating the list.
names of registered voters in a precinct duly
certified by the Election Registration Board for For the purpose of the 1997 general
use in the election; registration, the Commission shall cause the
preparation and posting of all precinct maps in
e) Illiterate or Disabled person refers to one every barangay nationwide. Five days before
who cannot by himself prepare an application the 1997 general registration, individual
for registration because of his physical disability precinct maps shall be posted at the door of
and/or inability to read and write; each polling place. Subsequently, the Election
Officer shall be responsible for the display,
f) Commission refers to the Commission on throughout the year, of precinct maps in his
Elections (COMELEC); office and in the bulletin board of the city or
municipal hall.
g) Election Registration Board refers to the
body constituted herein to act on all The precinct assignment of a voter in the
applications for registration; permanent list of voters shall not be changed or
altered or transferred to another precinct
h) Voter’s Identification Number (VIN) refers to without the express written consent of the
the number assigned by the Commission on voter: Provided, however, That the voter shall
Elections to a registered voter that shall consist not unreasonably withhold such consent. Any
of three (3) parts: (1) The current address violation thereof shall constitute an election
(city/municipality and province); (2) the offense which shall be punished in accordance
current precinct assignment of the voter and with law.
(3) the permanent birth and name code unique
to every voter; Section 5. Precincts and their Establishment. In
preparation for the general registration in 1997,
i) Political Parties refer to local, regional or the Commission shall draw updated maps of all
national political parties existing and duly the precincts nationwide. Upon completion of
registered and accredited by the Commission; the new precinct maps, all the precincts
established in the preceding elections shall be precincts shall be effected ninety (90) days
deemed abolished. before election day.

For the purpose of the general registration, the Section 7. General Registration of Voters.
Commission shall create original precincts only. Immediately after the barangay elections in
Spin-off precinct may be created after the 1997, the existing certified list of voters shall
regular elections of 1998 to accommodate cease to be effective and operative. For
additional voters residing within the territorial purposed of the May 1998 elections and all
jurisdiction of the original precincts. elections, plebiscites, referenda, initiatives, and
recalls subsequent thereto, the Commission
The Commission shall introduce a permanent shall undertake a general registration of voters
numbering of all precincts which shall be before the Board of Election Inspectors on June
indicated by Arabic numerals and a letter of the 14, 15, 21, and 22 and, subject to the
English alphabet. Original or mother precincts discretion of the Commission, on June 28 and
shall be indicated by the Arabic numeral and 29, 1997 in accordance with this Act.
letter "A of the English alphabet. Spin-off or
daughter precincts shall be indicated by the Section 8. System of Continuing Registration of
Arabic numeral and letter of the English Voters. The personal filing of application of
alphabet starting with letter B and so on. registration of voters shall be conducted daily in
the office of the Election Officer during regular
No territory comprising an election precinct office hours. No registration shall, however, be
shall be altered or a new precinct be conducted during the period starting one
established at the start of the election period. hundred twenty (120) days before a regular
election and ninety (90) days before a special
Splitting of an original precinct or merger of election.
two or more original precincts shall not be
allowed without redrawing the precinct map/s Section 9. Who may Register. All citizens of the
one hundred twenty (120) days before election Philippines not otherwise disqualified by law
day. who are at least eighteen (18) years of age,
and who shall have resided in the Philippines
Section 6. Arrangement of Precincts. Every for at least one (1) year, and in the place
barangay shall have at least one (1) precinct. wherein they propose to vote, for at least six
Each precinct, shall have no more than two (6) months immediately preceding the election,
hundred (200) voters and shall comprise may register as a voter.
contiguous and compact territories.
Any person who temporarily resides in another
a) A precinct shall be allowed to have less than city, municipality or country solely by reason of
200 registered voters under the following his occupation, profession, employment in
conditions: private or public service, educational activities,
work in the military or naval reservations within
1) As soon as the 200-limit for every precinct the Philippines, service in the Armed Forces of
has been reached, a spin-off or daughter the Philippines, the National Police Forces, or
precinct shall be created automatically by the confinement or detention in government
Commission to accommodate voters residing institutions in accordance with law, shall not be
within the territorial jurisdiction of the original deemed to have lost his original residence.
precinct. Thereafter, a separate list of new
voters shall be prepared by the Election Officer; Any person, who, on the day of registration
and may not have reached the required age or
period of residence but, who, on the day of the
2) An island or group of islands with less than election shall possess such qualifications, may
two hundred (200) voters may comprise one register as a voter.
(1) original precinct.
Section 10. Registration of Voters. A qualified
b) Every case of alteration of precincts shall be voter shall be registered in the permanent list
duly announced by posting a notice thereof in a of voters in a precinct of the city or municipality
conspicuous place in the precinct, in the office wherein he resides to be able to vote in any
of the election officer and in the city or election. To register as a voter, he shall
municipal hall and by providing political parties personally accomplish an application form for
and candidates a list of all the precincts at the registration as prescribed by the Commission in
start of the campaign period; and three (3) copies before the Election Officer on
any date during office hours after having
c) Consolidation or merger of at most three (3) acquired the qualifications of a voter.
precincts may be allowed: Provided, That the
computerized counting shall be implemented: The application shall contain the following data:
Provided, further, That the merger of such
a) Name, surname, middle name, and/or disloyalty to the duly constituted government
maternal surname; such as rebellion, sedition, violation of the
firearms laws or any crime against national
b) Sex; security, unless restored to his full civil and
political rights in accordance with law:
c) Date, and place of birth; Provided, That he shall automatically reacquire
the right to vote upon expiration of five (5)
d) Citizenship; years after service of sentence; and

e) Civil status, if married, name of spouse; c) Insane or incompetent persons declared as


such by competent authority unless
f) Profession, occupation or work; subsequently declared by proper authority that
such person is no longer insane or incompetent.
g) Periods of residence in the Philippines and in
the place of registration; Section 12. Change of Residence to Another
City or Municipality. Any registered voter who
h) Exact address with the name of the street has transferred residence to another city or
and house number for location in the precinct municipality may apply with the Election Officer
maps maintained by the local office of the of his new residence for the transfer of his
Commission, or in case there is none, a brief registration records.
description of his residence, sitio, and
barangay; The application for transfer of registration shall
be subject to the requirements of notice and
i) A statement that the applicant possesses all hearing and the approval of the Election
the qualifications of a voter; Registration Board, in accordance with this Act.
Upon approval of the application for transfer,
j) A statement that the applicant is not a and after notice of such approval to the Election
registered voter of any precinct; and Officer of the former residence of the voter,
said Election Officer shall transmit by registered
k) Such information or data as may be required mail the voter’s registration record to the
by the Commission. Election Officer of the voter’s new residence.

The application for registration shall contain Section 13. Change of Address in the Same City
three (3) specimen signatures of the applicant, or Municipality. Any voter who has changed his
clear and legible rolled prints of his left and address in the same city or municipality shall
right thumbprints, with four (4) identification immediately notify the Election Officer in
size copies of his latest photograph, attached writing. If the change of address involves a
thereto, to be taken at the expense of the change in precinct, the Board shall transfer his
Commission. registration record to the precinct book of
voters of his new precinct and notify the voter
Before the applicant accomplishes his of his new precinct All changes of address shall
application for registration, the Election Officer be reported to the office of the provincial
shall inform him of the qualifications and election supervisor and the Commission in
disqualifications prescribed by law for a voter, Manila.
and thereafter, see to it that the accomplished
application contains all the data therein Section 14. Illiterate or Disabled Applicants.
required and that the applicant’s specimen Any illiterate person may register with the
signatures, fingerprints, and photographs are assistance of the Election Officer or any
properly affixed in all copies of the voter’s member of an accredited citizen’s arms. The
application. Election Officer shall place such illiterate person
under oath, ask him the questions, and record
Section 11. Disqualification. The following shall the answers given in order to accomplish the
be disqualified from registering: application form in the presence of the majority
of the members of the Board. The Election
a) Any person who has been sentenced by final Officer or any member of an accredited citizen’s
judgment to suffer imprisonment of not less arm shall read the accomplished form aloud to
than one (1) year, such disability not having the person assisted and ask him if the
been removed by plenary pardon or amnesty: information given is true and correct The
Provided, however, That any person disqualified accomplished form shall be subscribed by the
to vote under this paragraph shall automatically applicant in the presence of the Board by
reacquire the right to vote upon expiration of means of thumbmark or some other customary
five (5) years after service of sentence; mark and it shall be subscribed and attested by
the majority of the members of the Board.
b) Any person who has been adjudged by final
judgment by a competent court or tribunal of The attestation shall state the name of the
having committed any crime involving person assisted, the name of the Election
Officer or the member of the accredited rendered in the Board, which amount the
citizen’s arm who assisted the applicant, the Commission may adjust every three (3) years
fact that the Election Officer placed the thereafter. No member of the Board shall be
applicant under oath, that the Election Officer entitled to travelling expenses.
or the member of the accredited citizen’s arm
who assisted the applicant read the Section 17. Notice and Hearing of Applications.
accomplished form to the person assisted, and Upon receipt of applications for registration, the
that the person assisted affirmed its truth and Election Officer shall set them for hearing,
accuracy, by placing his thumbmark or some notice of which shall be posted in the city or
other customary mark on the application in the municipal bulletin board and in his office for at
presence of the Board. least one (1) week before the hearing, and
furnish copies thereof to the applicant
The application for registration of a physically concerned, the heads or representatives of
disabled person may be prepared by any political parties, and other accredited groups or
relative within the fourth civil degree of organizations which actively participate in the
consanguinity or affinity or by the Election electoral process in the city or municipality. On
Officer or any member of an accredited citizen’s the date of the hearing, the Election Officer
arm using the data supplied by the applicant. shall receive such evidence for or against the
The fact of illiteracy or disability shall be so applicant.
indicated in the application.
A registrant whose application is not seasonably
Section 15. Election Registration Board.There objected to shall be notified in writing stating
shall be in each city and municipality as many therein that no objection was raised against his
as Election Registration Boards as there are application and that he need not appear on the
election officers therein. In thickly populated date set for the hearing of his application.
cities/municipalities, the Commission may Physical presence of the applicant concerned
appoint additional election officers for such shall, however, be mandatory in all cases
duration as may be necessary. where objections against his application have
been seasonably filed with the proper Election
The Board shall be composed of the Election Registration Board for him to rebut or refute
Officer as chairman and as members, the public evidence presented in opposition thereto.
school official most senior in rank and the local
civil registrar, or in this absence, the city or All applications for registration shall be heard
municipal treasurer. and processed on a quarterly basis. For this
purpose, the Election Registration Board shall
In case of disqualification of the Election meet and convene on the third Monday of April,
Officer, the Commission shall designate an July, October, and January of every calendar
acting Election Officer who shall serve as year, or on the next following working day if
Chairman of the Election Registration Board. In the designated days fail on a non-working
case of disqualification or non-availability of the holiday, except in an election year to conform
Local Registrar or the Municipal Treasurer, the with the one hundred twenty (120) days
Commission shall designate any other prohibitive period before election day. Should
appointive civil service official from the same one day be sufficient for the processing of all
locality as substitute. accepted applications, the Board shall adjourn
from day to day until all the applications shall
No member of the Board shall be related to have been processed.
each other or to any incumbent city or
municipal elective official within the fourth civil Section 18. Challenges to Right to Register. Any
degree of consanguinity or affinity. If in voter, candidate or representative of a
succeeding elections, any of the newly elected registered political party may challenge in
city or municipal officials is related to a writing any application for registration, stating
member of the board within the fourth civil the grounds therefor. The challenge shall be
degree of consanguinity or affinity, such under oath and be attached to the application,
member is automatically disqualified to together with the proof of notice of hearing to
preserve the integrity of the Election the challenger and the applicant.
Registration Board.
Oppositions to contest a registrant’s application
Every registered party and such organizations for inclusion in the voter’s list must, in all
as may be authorized by the Commission shall cases, be filed not later than the second
be entitled to a watcher in every registration Monday of the month in which the same is
board. scheduled to be heard or processed by the
Election Registration Board. Should the second
Section 16. Compensation of the Members of Monday of the month fall on a non-working
the Board. Each member of the Board shall be holiday, oppositions may be filed on the next
entitled to an honorarium to Two Hundred following working day. The hearing on the
Pesos (P200.00) for each day of actual service challenge shall be heard on the third Monday of
the month and the decision shall be rendered by precinct, by municipality and alphabetically
before the end of the month. by surnames of voters.

Section 19. Power to Administer Oath and Issue Should the book of voters in the custody of the
Summons. For purposes of determining the Election Officer be lost or destroyed at a time
right of the applicants to be registered as a so close to election day that there is no time to
voter, the Election Officer shall have the power reconstitute the same, the corresponding book
to administer oath, issue subpoena duces of voters in the provincial file shall be used
tecum and swear in witnesses. The fees and during the voting.
expenses incidental thereto shall be paid in
advance by the party in whose behalf the Section 24. National Central File.There shall be
summons is issued. a national central file under the custody of the
Commission in Manila consisting of the third
Section 20. Approval and Disapproval of copies of all approved voter registration records
Application. The Election Officer shall submit to in each city or municipality. It shall be compiled
the Board all applications for registration filed, by precinct in each city/municipality and
together with the evidence received in arranged alphabetically by surname so as to
connection therewith. The Board shall, by make the file a replica of the book of voters in
majority vote, approve or disapprove the the possession of the Election Officer.
applications. Thereafter a national list shall be prepared
following the alphabetical arrangements of
Upon approval, the Election Officer shall assign surnames of voters.
a voters identification number and issue the
corresponding identification card to the There shall be a national file consisting of the
registered voter. If the Board disapproves the computerized voters’ list (CVL), both in print
application, the applicant shall be furnished and in diskette, submitted by the Election
with a certificate of disapproval stating the Officers in each city and municipality
ground therefor. In cases of approval or concerned, under the custody of the
disapproval, any aggrieved party may file a Commission in Manila.
petition for exclusion or inclusion, as the case
may be, with the proper Municipal or The computerized voters’ list shall make use of
Metropolitan Trial Court as provided for in this a single and uniform computer program that
Act. will have a detailed sorting capability to list
voters alphabetically by the precincts where
Section 21. Publication of Action on Application they vote, by the barangays, municipalities,
for Registration. Within five (5) days from cities or provinces where they reside and by
approval or disapproval of application, the their voters identification number (VIN).
Board shall post a notice in the bulletin board of
the city or municipal hall and in the office of the Section 25. Voter’s Identification Card. The
Election Officer, stating the name and address voters identification card issued to the
of the applicant, the date of the application, registered voter shall serve as a document for
and the action taken thereon. The Election his identification. In case of loss or destruction,
Officer shall furnish a copy of such notice no copy thereof may be issued except to the
personally, or by registered mail or special registered voter himself and only upon the
delivery to the applicant and heads or authority of the Commission.
representatives of registered political parties in
the city or municipality. The Commission shall adopt a design for the
voter’s identification card which shall be, as
Section 22. Preservation of Voter’s Registration much as possible, tamper proof. It shall provide
Records. The Election Officer shall compile the the following: the name and address of the
original copies of the approved applications for voter, his date of birth, sex, photograph,
registration per precinct and arrange the same thumbmark, and the number of precinct where
alphabetically according to surname. He shall he is registered, the signature of the voter and
preserve the book of voters and ensure its the chairman of the Election Registration Board
integrity. The second and third copies of the and the voter’s identification number (VIN).
registration records shall be sent to the
provincial and national central files within three Section 26. Voter’s Identification Number
(3) days after the approval of the Board. (VIN). The Commission shall assign every
registered voter a voter’s identification number
Section 23. Provincial File. There shall be a (V1N) consisting of three parts, each separated
provincial file consisting of the duplicate copies by a dash. For example: 7501 -00191 -
of all registration records in each precinct of C145BCD.
every city and municipality in the province. It
shall be in the custody of the Provincial Election a) Part 1: Current Address of the Voter
Supervisor and shall be compiled and arranged
1) the first two digits 75 stand for the province; a) Any person who has been sentenced by final
and judgment to suffer imprisonment for not less
than one (1) year, such disability not having
2) The last two digits, 01, stand for the city, been removed by plenary pardon or amnesty:
municipality, or a district, particularly in Manila. Provided, however, That any person disqualified
to vote under this paragraph shall automatically
The code assignment for provinces, cities and reacquire the right to vote upon expiration of
municipalities shall follow the Urban Code five (5) years after service of sentence as
devised by the National Census and Statistics certified by the clerks of courts of the
Office (NCSO). Municipal/Municipal
Circuit/Metropolitan/Regional Trial Courts and
b) Part II: Current Precinct Assignment of the the Sandiganbayan;
Voter
b) Any person who has been adjudged by final
1) The first four digits, 0019, stand for the judgment by a competent court or tribunal of
permanent number of the precinct where the having caused/committed any crime involving
voter is currently assigned: and disloyalty to the duly constituted government
such as rebellion, sedition, violation of the anti-
2) The letter indicates whether it is a mother or subversion and firearms laws, or any crime
a daughter precinct. against national security, unless restored to his
full civil and political rights in accordance with
The number assigned to the precinct in every law; Provided, That he shall regain his right to
city or municipality shall be permanent but the vote automatically upon expiration of five (5)
voter may transfer his precinct number. The years after service of sentence;
VIN reflects the current precinct assignment of
the voter. c) Any person declared by competent authority
to be insane or incompetent unless such
c) Part III: Permanent Birth and Name Code disqualification has been subsequently removed
Unique to the Voter by a declaration of a proper authority that such
person is no longer insane or incompetent;
1) The letter, C, stands for the month, i.e., A
for January, B for February, and so forth; d) Any person who did not vote in the two (2)
successive preceding regular elections as shown
2) The next two digits, 14, stand for the date of by their voting records. For this purpose,
birth; regular elections do not include the
Sangguniang Kabataan (SK) elections;
3) The next two digits, 51, stand for the year of
birth; and e) Any person whose registration has been
ordered excluded by the Court; and
4) The last three letters, BCD, stand for the
name code, i.e., Bayani Cruz Davide. f) Any person who has lost his Filipino
citizenship.
The last three letters shall stand for the first
letter of the first name, the middle name, and For this purpose, the clerks of court for the
the last name in that order. Municipal/Municipal
Circuit/Metropolitan/Regional Trial Courts and
The Commission shall ensure that Part III the Sandiganbayan shall furnish the Election
hereof of the voter’s identification number Officer of the city or municipality concerned at
(VIN) shall be permanent and unique to each the end of each month a certified list of persons
voter. If necessary, the Commission may who are disqualified under paragraph (a)
expand and modify the same. hereof, with their addresses. The Commission
may request a certified list of persons who have
d) The combined birth and name code is lost their Filipino Citizenship or declared as
assigned during the lifetime of every voter. insane or incompetent with their addresses
Upon transfer of the voter to another precinct, from other government agencies.
the first two parts of the VIN shall change.
The Election Officer shall post in the bulletin
Section 27. Deactivation of Registration. The board of his office a certified list of those
board shall deactivate the registration and persons whose registration were deactivated
remove the registration records of the following and the reasons therefor, and furnish copies
persons from the corresponding precinct book thereof to the local heads of political parties,
of voters and place the same, properly marked the national central file, provincial file, and the
and dated in indelible ink, in the inactive file voter concerned.
after entering the cause or causes of
deactivation: Section 28. Reactivation of Registration. Any
voter whose registration has been deactivated
pursuant to the preceding Section may file with polling place and for their reference on election
the Election Officer a sworn application for day.
reactivation of his registration in the form of an
affidavit stating that the grounds for the Section 31. Sealing of Precinct Book of Voters.
deactivation no longer exist any time but not The Board shall notify within fifteen (15) days
later than one hundred twenty (120) days before the start of the campaign period of all
before a regular election and ninety (90) days registered political parties and members of the
before a special election. Board of Election Inspectors to inspect and
verify the completeness of the voter’s
The Election Officer shall submit said registration records for each precinct compiled
application to the Election Registration Board in the book of voters.
for appropriate action.
After verification and certification by the Board
In case the application is approved, the Election of Election Inspectors and party representatives
Officer shall retrieve the registration record as to the completeness of the voters’
from the inactive file and include the same in registration records in the precinct book of
the corresponding precinct book of voters. Local voters, the Board shall seal the book of voters
heads or representatives of political parties in the presence of the former at the start of the
shall be properly notified on approved campaign period and take custody of the same
applications. until their distribution to the Board of Election
Inspectors on election day. The Election Officer
Section 29. Cancellation of Registration. The shall deliver the sealed precinct book of voters
Board shall cancel the registration records of to the chairman of the Board of Election
those who have died as certified by the Local Inspectors when the latter secures its official
Civil Registrar. The Local Civil Registrar shall ballots and other paraphernalia for election day.
submit each month a certified list of persons
who died during the previous month to the Section 32. Common Rules Governing Judicial,
Election Officer of the place where the deceased Proceedings in the Matter of Inclusion,
are registered. In the absence of information Exclusion, and Correction of Names of Voters.
concerning the place where the deceased is
registered, the list shall be sent to the Election a) Petition for inclusion, exclusion or correction
Officer of the city or municipality of the of names of voters shall be filed during office
deceased’s residence as appearing in his death hours;
certificate. In any case, the Local Civil Registrar
shall furnish a copy of this list to the national b) Notice of the place, date and time of the
central file and the proper provincial file. hearing of the petition shall be served upon the
members of the Board and the challenged voter
The Election Officer shall post in the bulletin upon filing of the petition. Service of such
board of his office a list of those persons who notice may be made by sending a copy thereof
died whose registrations were cancelled, and by personal delivery, by leaving it in the
furnish copies thereof to the local heads of the possession of a person of sufficient discretion in
political parties, the national central file, and the residence of the challenged voter, or by
the provincial file. registered mail. Should the foregoing
procedures not be practicable, the notice shall
Section 30. Preparation and Posting of the be posted in the bulletin board of the city or
Certified List of Voters. The Board shall prepare municipal hall and in two (2) other conspicuous
and post certified list of voters ninety (90) days places within the city or municipality;
before a regular election and sixty (60) days
before a special election and furnish copies c) A petition shall refer only to one (1) precinct
thereof to the provincial, regional and national and implead the Board as respondents;
central files. Copies of the certified list, along
with a certified list of deactivated voters d) No costs shall be assessed against any party
categorized by precinct per barangay, within in these proceedings. However, if the court
the same period shall likewise be posted in the should find that the application has been filed
office of the Election Officer and in the bulletin solely to harass the adverse party and cause
board of each city/municipal hall. Upon him to incur expenses, it shall order the
payment of the fees as fixed by the culpable party to pay the costs and incidental
Commission, the candidates and heads of expenses;
registered political parties shall also be
furnished copies thereof. e) Any voter, candidate or political party who
may be affected by the proceedings may
The Board shall also furnish two (2) certified intervene and present his evidence;
copies for said certified list of voters, along with
a certified list of deactivated voters to the f) The decision shall be based on the evidence
Board of Election Inspectors for posting in the 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- and to the challenged voter and shall be
appearance on the day set for hearing shall be decided within ten (10) days from its filing.
prima facie evidence that the challenged voter
is fictitious; and If the decision is for the exclusion of the voter
from the list, the Board shall, upon receipt of
g) The petition shall be heard and decided the final decision, remove the voter’s
within ten (10) days from the date of its filing. registration record from the corresponding book
Cases appealed to the Regional Trial Court shall of voters, enter the order of exclusion therein,
be decided within ten (10) days from receipt of and thereafter place the record in the inactive
the appeal. In all cases, the court shall decide file.
these petitions not later than fifteen (15) days
before the election and the decision shall Section 36. Verification of Registered Voters.
become final and executory. The Election officer shall, in order to preserve
the integrity of the permanent list of voters, file
Section 33. Jurisdiction in Inclusion and exclusion proceedings when necessary, and
Exclusion Case. The Municipal and Metropolitan verify the list of the registered voters of any
Trial Courts shall have original and exclusive precinct by regular mail or house to house
jurisdiction over all cases of inclusion and canvass.
exclusion of voters in their respective cities or
municipalities. Decisions of the Municipal or The Commission may enlist the help of
Metropolitan Trial Courts may be appealed by representatives of political parties and deputize
the aggrieved party to the Regional Trial Court non-government organizations (NGOs), civic
within five (5) days from receipt of notice organizations and barangay officials to assist in
thereof. Otherwise, said decision shall become the verification and house to house canvass of
final and executory. The regional trial court registered voters in every precinct.
shall decide the appeal within ten (10) days
from the time it is received and the decision Section 37. Voter Excluded Through
shall immediately become final and executory. Inadvertence or Registered with an Erroneous
No motion for reconsideration shall be or Misspelled name. - Any registered voter who
entertained. has not been included in the precinct certified
list of voters or who has been included therein
Section 34. Petition for Inclusion of Voters in with a wrong or misspelled name may file with
the List. Any person whose application for the Board an application for reinstatement or
registration has been disapproved by the Board correction of name. If it is denied or not acted
or whose name has been stricken out from the upon, he may file on any date with the proper
list may file with the court a petition to include Municipal Circuit, Municipal or Metropolitan Trial
his name in the permanent list of voters in his Court a petition for an order directing that his
precinct at any time except one hundred five name be entered or corrected in the list. He
(105) days prior to a regular election or shall attach to the petition a certified copy of
seventy-five (75) days prior to a special his registration record or identification card or
election. It shall be supported by a certificate of the entry of his name in the certified list of
disapproval of his application and proof of voters used in the preceding election, together
service of notice of his petition upon the Board. with the proof that his application was denied
The petition shall be decided within fifteen (15) or not acted upon by the Board and that he has
days after its filing. served notice to the Board.

If the decision is for the inclusion of voters in Section 38. Voters Excluded through
the permanent list of voters, the Board shall Inadvertence or Registered with an Erroneous
place the application for registration previously or Mispelled Name. - Any registered voter
disapproved in the corresponding book of whose registration record has not been included
voters and indicate in the application for in the precinct book of voters, or whose name
registration the date of the order of inclusion has been omitted in the list of voters or who
and the court which issued the same. has been included therein with a wrong or
mispelled name may file with the Board an
Section 35. Petition for Exclusion of Voters from application for inclusion of his record, or
the List. Any registered voters, representative reinstatement or correction of his name as the
of a political party or the Election Officer, may case may be. If it is denied or not acted upon,
file with the court a sworn petition for the the voter may file on any date with the proper
exclusion of a voter from the permanent list of Municipal or Metropolitan Trial Court a petition
voters giving the name, address and the for an order directing that the voter’s name be
precinct of the challenged voter at any time entered or corrected in the list. The voters shall
except one hundred (100) days prior to a attach to the petition a certified true copy of his
regular election or sixty-five (65) days before a registration record or identification card or the
special election. The petition shall be entry of his name in the list of voters used in
accompanied by proof of notice to the Board the preceding election, together with proof that
his application was denied or not acted upon by
the Board and that he has served notice thereof expense the accountable registration forms
to the Board. and/or the list of registered voters in the
precincts constituting the constituency of the
Section 39. Annulment at Book of Voters. The bonafide candidate or at which the political
Commission shall, upon verified petition of any party is fielding candidates. The inspection and
voter or election officer or duly registered copying shall be conducted during business
political party, and after notice and hearing, hours of the Commission and shall be subject
annul any book of voters that is not prepared in to reasonable regulations.
accordance with the provisions of this Act or
was prepared through fraud, bribery, forgery, Section 43. Computerization at Permanent List
impersonation, intimidation, force or any of Voters. - A permanent and computerized list
similar irregularity, or which contains data that arranged by precinct, city or municipality,
are statistically improbable. No order, ruling or province and region shall be prepared by the
decision annulling a book of voters shall be Commission. Thereafter, another list shall be
executed within ninety (90) days before an prepared consisting of the names of the voters,
election. arranged alphabetically according to surnames.

Section 40. Reconstitution of Lost or Destroyed The computer print-outs of the list of voters
Registration Records. The Commission shall duly certified by the Board are official
reconstitute all registration records which have documents and shall be used for voting and
been lost or destroyed by using the other election related purposes as well as for
corresponding copies of the provincial or legitimate research needs.
national central files. In case of conflict the
Commission shall determine which file shall be The total number of voters in the permanent
used for reconstitution purposes. If this is not list shall be the basis for the printing of the
feasible, the Commission shall conduct a official ballots by the Commission.
general registration of voters in the affected
area: Provided, That there is a scheduled Section 44. Reassignment of Election Officers.
election before the next scheduled general No Election Officer shall hold office in a
registration of voters in accordance with the particular city or municipality for more than
Omnibus Election Code. All such voters shall four (4) years. Any election officer who, either
retain their voter’s identification number. at the time of the approval of this Act or
Reconstituted forms shall be clearly marked subsequent thereto, has served for at least four
with the word "reconstituted." (4) years in a particular city or municipality
shall automatically be reassigned by the
It shall be the duty of the Election Officer to Commission to a new station outside the
immediately report to the Commission any case original congressional district.
of loss or destruction of registration record in
his custody. Section 45. Election Offenses. - The following
shall be considered election offenses under this
The reconstitution of any lost or destroyed Act:
registration records shall not affect the criminal
liability of any person who is responsible for a) to deliver, hand over, entrust or give,
such loss or destruction. directly or indirectly, his voter’s identification
card to another in consideration of money or
Section 41. Examination of Registration other benefit of promise; or take or accept such
Records. All registration records/computerized voter’s identification card, directly or indirectly,
voters list in the possession of the Election by giving or causing the giving or money or
officer, the Provincial Election Supervisor, and other benefit or making or causing the making
the Commission in Manila shall, during regular of a promise therefore;
office hours, be open to examination by the
public for legitimate inquiries on election b) to fail, without cause, to post or give any of
related matters, free from any charge or access the notices or to make any of the reports re-
fee. acquired under this Act;

Law enforcement agencies may, upon prior c) to issue or cause the issuance of a voter’s
authorization and subject to regulations identification number or to cancel or cause the
promulgated by the Commission, have access cancellation thereof in violation of the
to said registration records should the same be provisions of this Act; or to refuse the issuance
necessary to and in aid of their investigative of registered voters their voter’s identification
functions and duties. card;

Section 42. Right to Information. - The duly d) to accept an appointment, to assume office
authorized representative of a registered and to actually serve as a member of the
political party or of a bonafide candidate shall Election Registration Board although ineligible
have the right to inspect and/or copy at their
thereto, to appoint such ineligible person Section 48. Multi-partisan Monitoring and
knowing him to be ineligible; Evaluation Committee. A Monitoring and
Evaluation Committee is hereby created
e) to interfere with, impede, abscond for composed of seven (7) members to be based
purpose of gain or to prevent the installation or on party representation of the seven (7) major
use of computers and devices and the political parties that fielded presidential
processing, storage, generation, and candidates in the 1992 synchronized elections.
transmission of registration data or The Committee is an ad hoc body attached to
information; the Commission but not subject to its
supervision and control.
f) to gain, cause access to use, alter, destroy,
or disclose any computer data, program, The task of the Committee is to monitor and
system software, network, or any computer- evaluate the system, procedures or guidelines
related devices, facilities, hardware or prepared by the Commission for the conduct of
equipment, whether classified or declassified; the general registration and the continuing
system of registration in accordance with this
g) failure to provide certified voters and Act.
deactivated voters list to candidates and heads
of representatives of political parties upon The Committee shall prepare two reports
written request as provided in Section 30 outlining the findings and recommendations for
hereof; immediate action or institution of corrective
measures by the Commission and/or Congress.
h) failure to include the approved application The first report shall be submitted to the
form for registration of a qualified voter in the Commission and Congress three (3) months
book of voters of a particular precinct or the before the holding of the general registration.
omission of the name of a duly registered voter The second report shall be due at the end of
in the certified list of voters of the precinct the year on the initial implementation of the
where he is duly, registered resulting in his system of continuing registration.
failure to cast his vote during an election,
plebiscite, referendum, initiative and/or recall. The amount not less than Fifty million pesos
The presence of the form or name in the book (P50,000,000) but not more than One hundred
of voters or certified list of voters in precincts million pesos (P100,000,000) is hereby
other than where he is duly registered shall not allocated from the Two billion pesos
be an excuse hereof; (P2,000,000,000) allocation provided in the
preceding section for the operations of the
i) the posting of a list of voters outside or at Committee. This amount shall be held in trust
the door of a precinct on the day of an election, by the Commission subject to the usual
plebiscite, referendum, initiative and/or recall, accounting and auditing procedures.
and which list is different in contents from the
certified list of voters being used by the Board Section 49. Rules and Regulations. - The
of Election Inspectors; and Commission shall promulgate the necessary
rules and regulations to implement the
j) Violation of the provisions of this Act. provisions of this Act not later than ninety (90)
days before the first day of registration as
Section 46. Penalties. Any person found guilty provided for in this Act.
of any Election offense under this Act shall be
punished with imprisonment of not less than Section 50. Separability Clause. - If any part of
one (1) year but not more than six (6) years this Act is held invalid or unconstitutional, the
and shall not be subject to probation. In other parts or provisions hereof shall remain
addition, the guilty party shall be sentenced to valid and effective.
suffer disqualification to hold public office and
deprivation of the right of suffrage. If he is a Section 51. Repealing Clause. - All laws,
foreigner, he shall be deported after the prison decrees, executive orders, rules and regulations
term has been served. Any political party found inconsistent with this Act are hereby repealed
guilty shall be sentenced to pay a fine of not or modified accordingly.
less than One hundred thousand pesos
(P100,000) but not more than Five hundred Section 52. Effectivity. This Act shall take effect
thousand pesos (P500,000). fifteen (15) days after its publication in at least
two (2) newspapers of general circulation.
Section 47. Funding. The amount of Two billion
pesos (2,000,000,000) is hereby included in Approved, June 11, 1996.
the General Appropriations Act for the fiscal
year 1997 to defray the expenses for the
registration activities.

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