Election Outline

OUTLINE ON ELECTION LAWS (Atty. Gujilde)-SRL 1

CONSTITUTIONAL BASIS FOR ELECTIONS

a. Sec. 1 Art.II, 1987 Constitution

ARTICLE II

Declaration of Principles and State Policies

Principles

SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

SUFFRAGE DEFINED

a. Sec. 1 Art. V, 1987 Constitution

ARTICLE V

Suffrage

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.

b. Sec.2 Art. V, 1987 Constitution

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

a. Sec. 4 Art. V, 1973 Constitution

ARTICLE V

Duties and Obligations of Citizens

SECTION 4. It shall be the obligation of every citizen qualified to vote to register and cast his vote.

b. Sec. 4 Art. I, Omnibus Election Code

ARTICLE I

General Provisions

SECTION 4.Obligation to register and vote. It shall be the obligation of every citizen qualified to vote to register and

cast his vote. (Sec. 5, 1978 EC)


c. Sec. 261(y) (1), Omnibus Election Code

(y)On Registration of Voters:

(1)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. (Par. (p), Sec. 178, 1978 EC)

d. Sec. 5, Art. VI, 1987 Constitution

ARTICLE VI

The Legislative Department

SECTION 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative.

(4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.

SUFFRAGE FOR OVERSEAS ABSENTEE VOTERS

a. Sec. 5(d), RA 9189

REPUBLIC ACT NO. 9189

AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

SECTION 5.Disqualifications. The following shall be disqualified from voting under this Act:

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 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

a. Sec. 6, RA 7166


AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS AND FOR ELECTORAL REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR, AND FOR OTHER PURPOSES

SECTION 6.Nomination and Selection of Official Candidates. No political convention or meeting for the nomination or selection of the official candidates of any political party or organization or political groups or coalition thereof shall be held earlier than the following periods:

(a)For President, Vice-President and Senators, one hundred sixty-five (165) days before the day of the election; and

(b)For Members of the House of Representatives and elective provincial, city or municipal officials, seventy-five (75) days before the day of the election.

b. EO 157, March 30, 1987

EXECUTIVE ORDER NO. 157

PROVIDING FOR ABSENTEE VOTING BY OFFICERS AND EMPLOYEES OF GOVERNMENT WHO ARE AWAY FROM THE PLACES OF THEIR REGISTRATION BY REASON OF OFFICIAL FUNCTIONS ON ELECTION DAY

WHEREAS, under the electoral law now inforce 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; cdasia

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby order:

SECTION 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.

SECTION 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. cdtai

SECTION 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.


SECTION 4.The application forms shall be returned duly accomplished to the Commission on Elections not later than April 25, 1987.

SECTION 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.

SECTION 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 the ballots. It shall be accompanied by a certificate of eligibility to vote absentee for each particular voter. cda

SECTION 7.For the purpose of the 1987 congressional election, the absentee voters shall vote only for candidates for senator.

SECTION 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 the special Commission on Elections absentee 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.

SECTION 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.

SECTION 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. acd

SECTION 11.The Commission shall promulgate the necessary rules and regulations to implement this Executive Order.

SECTION 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.

SECTION 13.This Executive Order shall take effect immediately. cdasia

DONE in the City of Manila, this 30th day of March, in the year of Our Lord, Nineteen Hundred and Eighty-Seven.

Published in the Official Gazette, Vol. 83 No. 15 Page 1751 on April 13, 1987.

c. RA 10380, March 14, 2013


AN ACT PROVIDING FOR LOCAL ABSENTEE VOTING FOR MEDIA

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.

SECTION 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.


SECTION 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. ESaITA

SECTION 4.Appropriations. The initial funding of this Act shall be charged against the current year's 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.

SECTION 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.

SECTION 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.

SECTION 7.Effectivity. This Act shall take effect fifteen (15) days following its publication in at least two (2) newspapers of general circulation.

Approved: March 14, 2013.

SUFFRAGE FOR DISABLED AND ILLITERATE

a. Sec. 14, RA 8189


AN ACT PROVIDING FOR A GENERAL REGISTRATION OF VOTERS, ADOPTING A SYSTEM OF CONTINUING REGISTRATION, PRESCRIBING THE PROCEDURES THEREOF AND AUTHORIZING THE APPROPRIATION OF FUNDS

THEREFOR

SECTION 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, 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.


b. Sec. 11, RA 10366


AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO ESTABLISH PRECINCTS ASSIGNED TO ACCESSIBLE POLLING PLACES EXCLUSIVELY FOR PERSONS WITH DISABILITIES AND SENIOR CITIZENS

SECTION 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 BEIs. 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 bind 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.

VOTERS REGISTRATION

a. Sec. 3 (a), RA 8189


AN ACT PROVIDING FOR A GENERAL REGISTRATION OF VOTERS, ADOPTING A SYSTEM OF CONTINUING REGISTRATION, PRESCRIBING THE PROCEDURES THEREOF AND AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR

SECTION 3.Definition of Terms. As used in this Act:

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.

b. Sec. 8-13, 27-35, RA 8189

SECTION 8.Systems 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.

SECTION 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.

SECTION 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 of 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.

SECTION 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 duty 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.

SECTION 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.

SECTION 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.

SECTION 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 ceases 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 Filipino citizenship.

For this purpose, the clerks of court of 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.

SECTION 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 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.

SECTION 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.

SECTION 30.Preparation and Posting of the Certified List of Voters. The Board shall prepare and post a certified list of voters ninety (90) days before a regular election and sixty (6) days before a special election and furnish copies thereof to the provincial, regional and national central files. Copies of the certified list, along with a certified list of deactivated voters categorized by precinct per barangay, within the same period shall likewise be posted in the office of the Election Officer and in the bulletin board of each city/municipal hall. Upon payment of the fees as fixed by the Commission, the candidates and heads of registered political parties shall also be furnished copies thereof.

The Board shall also furnish two (2) certified copies of said certified list of voters, along with a certified list of deactivated voters to the Board of Election Inspectors for posting in the polling place and for their reference on election day.

SECTION 31.Sealing of Precinct Book of Voters. The Board shall notify within fifteen (15) days before the start of the campaign period of all registered political parties and members of the Board of Election Inspectors to inspect and verify the completeness of the voters registration records for each precinct compiled in the book of voters.

After verification and certification by the Board of Election Inspectors and party representatives as to the completeness of the voters' registration records in the precinct book of voters, the Board shall seal the book of voters in the presence of the former at the start of the campaign period and take custody of the same until their distribution to the Board of Election Inspectors on election day. The Election Officer shall deliver the sealed precinct book of voters to the chairman of the Board of Election Inspectors when the latter secures its official ballots and other paraphernalia for election day.

SECTION 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 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.

SECTION 33.Jurisdiction in Inclusion and Exclusion Cases. 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 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.

SECTION 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 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 date of the order of inclusion and the court which issued the same.

SECTION 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 petitioner for the exclusion of a vote 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 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.


NATURE OF VOTERS REGISTRATION RECORDS

a. Sec. 41, RA 8189

SECTION 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.

b. Sec. 8, RA 10367


AN ACT PROVIDING FOR MANDATORY BIOMETRICS VOTER REGISTRATION

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.

SECTION 8.Reactivation. Those deactivated under the preceding section may apply for reactivation after the May 2016 elections following the procedure provided in Section 28 of Republic Act No. 8189.

c. Comelec Res. No. 13-1132

IN THE MATTER OF THE REQUESTS FOR VOTERS' REGISTRATION DATA

Date: 17 October 2013

This pertains to the Memorandum dated October 12, 2013 of Executive Director Jose M. Tolentino, Jr. relative to the

requests of Bangko Sentral ng Pilipinas (BSP) and the Office of the President (OP) for voters registration data.

The Memorandum of Executive Director Tolentino reads:

Pending for appropriate action by the Office of the Executive Director (OED) are two (2) requests for voters

registration data coming from the:

1. Bangko Sentral ng Pilipinas (BSP) for use in the applications for Tax Identification Numbers with the Bureau of

International Revenue, Legazpi City, Albay, in connection with the consolidation of titles to properties acquired by

the BSP; and

2. Office of the President (OP) to facilitate the sending of notices and reminders to former officers and employees

of the OP pertaining to cash advances that remain unliquidated to date.

OPs request was filed with the office of the Chairman, and forwarded to the OED which, however, could not act

favorably thereon because said request does not fall under any of the conditions prescribed for the issuance of voters

information, namely:

1. The voter himself, or his duly authorized representative, requests for the same;

2. An Order is issued by a court or tribunal requiring such information; or


3. The information shall be used in a formal investigation conducted by a law enforcement agency, whose request

must specify the purpose/details thereof.

While, generally, the Commission En Banc may provide exemptions to the above conditions, complicating the matter

is BSPs request filed directly with our Information Technology Department, which sought clarification from the OED if

the same may be acted upon favorably due to the proscription under Section 9 of Republic Act No. 10367 (Mandatory

Biometrics Laws) that 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.

As the existing policy on requests for voters registration data was adopted prior to the passage of RA 10367, Minute

Resolutions Numbered 09-0595 and 12-0469 which allow law enforcement agencies to request for voters

registration data in connection with their official investigative functions - will have to be declared ineffective in order

to comply with RA 10367.

In view of the foregoing, it is respectfully recommended that:

1. Minute Resolutions Numbered 09-0595 and 12-0469 be declared ineffective, and a new Resolution be

promulgated prescribing that requests for voters registration data may be granted only if:

a. The voter himself, or his duly authorized representative, requests for the same; or

b. An Order is issued by a court or tribunal exclusively for use in electoral cases pending before it.

2. The subject requests of the BSP and the OP be denied.

Respectfully submitted.

After due deliberation, the Commission RESOLVED, as it hereby RESOLVES, to adopt the foregoing recommendation

of Executive Director Jose M. Tolentino, Jr. as follows:

1. To set aside Minute Resolutions Nos. 09-0595 and 12-0469; and

2. That requests for voters registration data may be granted only if:

a. The voter himself, or his duly authorized representative, requests for the same; or

b. An Order is issued by a court or tribunal exclusively for use in electoral cases pending before it.

RESOLVED, moreover, to advise the Bangko Sentral ng Pilipinas (BSP) and the Office of the President (OP) that the

Commission is constrained to deny their requests for voters registration data, in view of the proscription

under Section 9 of Republic Act No. 10367, entitled: An Act providing for Mandatory Biometrics Voter Registration,

which reads:

Section 9. Database Security. The database generated by biometric registration shall be secured by the

Commission and shall not be use, under any circumstance, for any purpose other than for electoral exercises.

Let the Executive Director implement this Resolution.

SO ORDERED

http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/Registration/RA10367#sec9http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/Registration/RA10367#sec9http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/Registration/RA10367#sec9http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/Registration/RA10367http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/Registration/RA10367http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/Registration/RA10367#sec9


JURISDICTION OVER QUESTIONS INVOLVING SUFFRAGE

a. Sec. 2, Art. IX(c), 1987 Constitution

ARTICLE IX

Constitutional Commissions

SECTION 2. The Commission on Elections shall exercise the following powers and functions:

(1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.

(2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and

qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction.

Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable.

(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.

(4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of

ensuring free, orderly, honest, peaceful, and credible elections.

(5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens' arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign

government shall likewise be refused registration.

Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.

(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices.

(7) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.

(8) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to its directive, order, or decision.

(9) Submit to the President and the Congress a comprehensive report on the conduct of each election,

plebiscite, initiative, referendum, or recall.


INCLUSION AND EXCLUSION PROCEEDINGS

a. Sec. 18-21, RA 8189

SECTION 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 voters' 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 non-working holiday, oppositions may be filed on the next following 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.

SECTION 19.Power to Administer Oath and Issue Summons. For purposes of determining the right of the applicants to be registered as a voter, the Election officer shall have the power to administer oath, issue subpoena duces tecum and swear in witnesses. The fees and expenses incidental thereto shall be paid in advance by the party in whose behalf the summons is issued.

SECTION 20.Approval and Disapproval of Application. The Election Officer shall submit to the Board all applications for registration filed together with the evidenced received in connection therewith. The Board shall, by majority vote, approve or disapprove the applications.

Upon approval, the Election Officer shall assign a voter's identification number and issue the corresponding identification card to the registered voter. If the Board disapproved the application, the applicants 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 provided for in this Act.

SECTION 21.Publication of Action on Application for Registration. Within five (5) days from approval or disapproval of application, the Board shall post a notice in the bulletin board of the city or municipal hall and in the office of the Election Officer, stating the name and address of the applicant, the date of the application, and the action taken thereon. The Election Officer shall furnish a copy of such notice personally, or by registered mail or special delivery to the applicant and heads or representatives of registered political parties in the city or municipality.

Documents

Election Outline