Voters Registration Act RA 8189

Embed Size (px)

Citation preview

  • 8/14/2019 Voters Registration Act RA 8189

    1/22

    REPUBLIC ACT NO. 8189

    AN ACT PROVIDING FOR A GENERALREGISTRATION OF VOTERS, ADOPTING ASYSTEM OF CONTINUING REGISTRATION,

    PRESCRIBING THE PROCEDURES THEREOFAND AUTHORIZING THE APPROPRIATION OF

    FUNDS THEREFOR.

    Section 1. Ti t l e . -This Act shall be known as "Th e Voter sR e g i s t ra t i o n A c t o f 1 9 9 6 . "Sec. 2. Declarat ion of Pol icy . - It is the policy of the State tosystematize the present method of registration in order to establisha clean, complete, permanent and updated list of vot ers.Sec. 3. Def in i t ion o f Te r m s . - As used in this Act:

    (a) Registration refers to the act of accomplishing and filing ofa sworn application for registration by a qualified voter beforethe electio n officer of the city or municipality wherein heresides and including the same in the book of registered voters

    upon approval by the Elect ion Reg istration Board;(b) Registration Record refers to an application for registrationduly approved by the Election Registration Board;(c) Book of Voters refers to the compilation of all registrationrecords in a precinct;(d) List of Voters refers to an enumeration of names ofregistered voters in a precinct duly ce rtified by the Electio nRegistration Board for use in the election;(e) Illit erate or Disabled person refers to one who cannot byhimself prepare an application fo r registration because of hisphysical disabilit y and/or inability to read and write ;(f) Commission refers to the Commission on Elections(COMELEC);

  • 8/14/2019 Voters Registration Act RA 8189

    2/22

    (g) Election Registration Board refers to the body constitutedherein to act on all applications for registration;(h) Voters Ident ification Number (VIN) refers to the number

    assigned by the Commission on Elections to a registered voterthat shall consist o f three (3) parts: (1) The current address

    (city/municipality and province); (2) the current precinctassignment o f the voter and (3) the permanent birth and namecode unique to ev ery voter;(i) Political Parties refer to local, regional or national politicalparties existing and duly registered and accredited by theCommission;(j) Precinct refers to the basic unit of territory established bythe Commission for the purpose of vot ing;(k) Precinct Maps refers to a sketch or drawing of a

    geographical area stated in t erms of streets or street blocks orsitio s the residents of which would belong to a particularprecinct;(l) Polling place refers to the place where the Board of ElectionInspectors conducts its proceeding and where the voters casttheir votes;(m) Voting center refers to the building or place where thepolling place is located;(n) Election Officer refers to t he highest official o r authorizedrepresentative of t he Commission in a cit y o r municipality;

    and(o) Board of Election Inspectors refers to the body whichconducts the elect ion in the polling place of the precinct

    usually composed of three (3) public school teachers appointedby the Commission.

    Sec. 4. P er m an en t L i s t o f V o te r s . - There shall be a permanent listof vo ters per precinct in each city or municipality consisting of all

    registered voters residing within the territorial jurisdiction of every

    precinct indicated by the precinct maps.Such precinct-level l ist of v oters shall be accompanied by anaddition deletion list of the purpose of updating the list.

  • 8/14/2019 Voters Registration Act RA 8189

    3/22

    For the purpose of the 1997 general registration, the Commissionshall cause the preparation and posting of all precinct maps in everybarangay nationwide. Five days before the 1997 general registration,individual precinct maps shall be posted at the door of each poll ingplace. Subsequently, the Electi on Office r shall be responsible for thedisplay, throughout the year, of precinct maps in his offi ce and in

    the bulletin board of the city or municipal hall.The precinct assignment of a voter in the permanent list o f vot ersshall not be changed or altered or t ransferred to another precinct

    without t he express written consent of t he vot er: Provided, however,That the vo ter shall not unreasonably withhold such consent. Anyviolation thereof shall constitute an election offense which shall bepunished in accordance with law.Sec. 5. Pr e ci n c t s a n d t h e i r Es t a b l i s h m e n t . - In preparation fo r the

    general registration in 1997, the Commission shall draw updatedmaps of all the precincts nationwide. Upon completion of the new

    precinct maps, all the precinct s established in the precedingelect ions shall be deemed abolished.For the purpose of the general registration, the Commission shallcreate original precincts only. Spin-off precinct may be created afterthe regular electio ns of 1998 to accommodate additional votersresiding within the territorial jurisdiction of the original precincts.

    The Commission shall introduce a permanent numbering of allprecincts which shall be indicated by Arabic numerals and a lett er ofthe English alphabet. Original or mother precincts shall be indicated

    by the Arabic numeral and lett er "A of the English alphabet. Spin-offor daughter precincts shall be indicated by the Arabic numeral andlett er of the English alphabet starting wi th let ter B and so on.No territory comprising an election precinct shall be altered or anew precinct be established at the start of the election period. Splitting of an original precinct o r merger of two o r more originalprecincts shall not be allowed without redrawing the precinct map/sone hundred twenty (120) days before election day.Sec. 6. A r r angem en t o f P rec inc t s . - Every barangay shall have at

    least one (1) precinct . Each precinct shall have no more than twohundred (200) voters and shall comprise contiguous and compactterritories.

  • 8/14/2019 Voters Registration Act RA 8189

    4/22

    (a) A precinct shall be allowed to have less than 200 registeredvoters under the following conditions:(1) As soon as the 200-limit for eve ry precinct has beenreached, a spin-off o r daughter precinct shall be createdautomatically by the Commission to accommodate vo ters

    residing within the territorial jurisdiction of the originalprecinct . Thereafter, a separate list o f new vot ers shall beprepared by the Elect ion Officer; and(2) An island or group of islands with less than two hundred(200) voters may comprise one (1) o riginal precinct.(b) Every case of alteration o f precincts shall be dulyannounced by posting a notice t hereof in a conspicuous placein the precinct, in the office of the elect ion officer and in thecity or municipal hall and by providing polit ical parties andcandidates a list of all the precincts at the start of the

    campaign period; and(c) Consolidation or merger of at most three (3) precincts maybe allowed: P r ov ided , That the computerized counting shall be

    implemented: P r ov ided , fu r the r , That the merger of suchprecincts shall be effected ninety (90) days before electionday.

    Sec. 7. Gener a l R eg i s t r a t ion o f V ote r s . - Immediately after the

    barangay elections in 1997, the existing certified list of voters shallcease to be effective and operative. For purposed of the May 1998

    elections and all elections, plebiscites, referenda, initiatives, andrecalls subsequent thereto , the Commission shall undertake ageneral registration of voters before the Board of Election Inspectorson June 14, 15, 21, and 22 and, subject to the discretio n of theCommission, on June 28 and 29, 1997 in accordance with this Act.Sec. 8. S y s t e m o f Co n t i n u i n g R e g i s t r a t i on o f V ot e r s . -The personalfiling of application of registration of voters shall be conducted dailyin the office of the Election Officer during regular office hours. Noregistration shall, however, be conducted during the period startingone hundred twenty (120) days before a regular elect ion and ninety(90) days before a special election.Sec. 9. W h o m a y R e g i s t e r . - All citizens of the Philippines not

    otherwise disqualified by law who are at least eighteen (18) years ofage, and who shall have resided in the Philippines fo r at least one (1)

    year, and in the place wherein they propose to vote, for at least six

  • 8/14/2019 Voters Registration Act RA 8189

    5/22

    (6) months immediately preceding the elec tion, may register as avoter.Any person who temporarily resides in another city, municipality or

    country solely by reason of his occupation, profession, employmentin private or public service, educational activities, work in the

    military or naval reservations within the Philippines, service in theArmed Forces of the Philippines, the National Police Forces, orconfinement 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 reachedthe required age or period of residence but, who, on the day of t heelect ion shall possess such qualifications, may register as a vot er.Sec. 10. R eg i s t r a t ion o f V o te r s . - A qualified voter shall be registeredin the permanent list of voters in a precinct of the cit y ormunicipality wherein he resides to be able to vote in any election.

    To register as a voter, he shall personally accomplish an applicationform for regist ration as prescribed by the Commission in three (3)copies before the Election Officer on any date during office hoursafter 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) Civi l status, if married, name of spouse;(f) Profession, occupation or work;(g) Periods of residence in the Philippines and in the place ofregistration; (h) Exact address with the name of the street and house

    number for location in the precinct maps maintained by thelocal office of the Commission, or in case there is none, a briefdescription of his residence , sitio , and barangay;

  • 8/14/2019 Voters Registration Act RA 8189

    6/22

    (i) A statement that the applicant possesses all thequalifications of a voter;(j) A statement that the applicant is not a registered voter of

    any precinct; and(k) Such information o r data as may be required by theCommission.

    The application for registration shall contain three (3) specimensignatures of the applicant, clear and legible rolled prints of his leftand right thumbprints, with four (4) identification size copies of hislatest 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

    disqualific ations prescribed by law for a voter, and thereafter, see to

    it that the accomplished application contains all the data thereinrequired and that the applicants specimen signatures, fingerprints,and photographs are properly affixed in all copies of the votersapplication.Sec. 11. D is qua l i f i ca t ion . - The follo wing shall be disqualified fromregistering:

    (a) Any person who has been sentenced by final judgment tosuffer imprisonment of no t less than one (1) year, suchdisabilit y not having been removed by plenary pardon oramnesty: Provided, however, That any person disqualified tovot e under this paragraph shall automat ically reacquire theright to vote upon expiration of five (5) years after service ofsentence;(b) Any person who has been adjudged by f inal judgment by acompetent co urt or t ribunal of having committ ed any crimeinvolving disloyalty to the duly constituted government suchas rebellion, sediti on, vio lation of the fi rearms laws or anycrime against national security, unless restored to his full civiland political rights in accordance with law: Provided, That heshall automatically reacquire the right to vote upon expiration

    of fiv e (5) years after service o f sentence; and(c) Insane or incompetent persons declared as such bycompet ent authority unless subsequently declared by properauthority that such person is no longer insane or incompetent.

  • 8/14/2019 Voters Registration Act RA 8189

    7/22

    Sec. 12. C hange o f R es idence to A no ther C i t y o r Mun ic ipa l i t y . - Anyregistered voter who has transferred residence to another city ormunicipality may apply with the Election Officer of his newresidence for the transfer of his registration records.

    The application fo r transfer of registration shall be subject to the

    requirements of notice and hearing and the approval of the ElectionRegistration Board, in accordance with this Act. Upon approval ofthe application for transfer, and after notice of such approval to theElection Officer of t he former residence of the vo ter, said ElectionOfficer shall transmit by registered mail the voters registrationrecord to the Election Officer of t he voters new residence.Sec. 13. Ch a n g e o f A d d r e s s i n t h e S a m e Ci t y o r Mu n i c i p a l i t y . - Anyvot er who has changed his address in the same city o r municipalityshall immediately noti fy the Election Officer in writing. If t he

    change of address involve s a change in prec inct, t he Board shalltransfer his registration record to the precinct book of voters of his

    new precinct and notify the vot er of his new precinct All changes ofaddress shall be reported to the office o f the provincial electionsupervisor and the Commission in Manila.Sec. 14. Il l i t e r a te o r D is ab led A pp l i can t s . - Any illit erate personmay register with the assistance of the Election Officer or anymember of an accredited citizens arms. The Election Officer shallplace such illite rate person under oath, ask him the questions, andrecord the answers given in order to accomplish the applicationform in the presence of the majority of the members of the Board.

    The Election Officer or any member of an accredited citizens armshall read the acco mplished form aloud to t he person assisted andask him if the information given is true and correct Theaccomplished fo rm shall be subscribed by the applicant in thepresence of t he Board by means of thumbmark or some ot hercustomary mark and it shall be subscribed and attested by t hemajority of the members of the Board.

    The attestation shall state the name of the person assisted, thename of the Election Officer or t he member of the accreditedcitizens arm who assisted the applicant, the fact that the ElectionOfficer placed the applicant under oath, that the Election Officer orthe member of the accredited citizens arm who assisted the

    applicant read the accomplished form to the person assisted, andthat the person assisted affirmed i ts truth and accuracy, by placinghis thumbmark or some other customary mark on the application inthe presence of the Board.

  • 8/14/2019 Voters Registration Act RA 8189

    8/22

    The application fo r registration of a physically disabled person maybe prepared by any relative within the fourth civil degree ofconsanguinity or affinity or by the Election Officer or any memberof an accredited ci tiz ens arm using the data supplied by theapplicant. The fact of illiteracy or disability shall be so indicated inthe application.Sec. 15. E lec t ion R eg i s t r a t ion B oar d . -There shall be in each cit y

    and municipalit y as many as Election Registratio n Boards as thereare elect ion offic ers therein. In thickly populatedcities/municipalities, the Commission may appoint additionalelect ion off icers for such duration as may be necessary.

    The Board shall be composed of the Elect ion Offic er as chairmanand as members, the public schoo l offi cial most senior in rank andthe local civil registrar, or in this absence, the city or municipal

    treasurer. In case of disqualification of the Election Officer, the Commissionshall designate an acting Elect ion Officer who shall serve asChairman of the Elect ion Regi stration Board. In case ofdisqualification or non-availability of the Local Registrar or theMunicipal Treasurer, the Commission shall designate any o therappointive civil service official from the same locality as substitute.No member of the Board shall be related to each other or to anyincumbent city or municipal elective official within the fourth civildegree of consanguinity or affinity. If in succeeding elections, any ofthe newly elect ed city or municipal officials is related to a memberof the board within the fourth civil degree of consanguinity oraffinity, such member is automatically disqualified to preserve theintegrity o f the Election Registration Board.Every registered party and such organizations as may be authoriz edby the Commission shall be entitled to a watcher in everyregistration board.Sec. 16. Co m p e n s a t i o n o f t h e Me m b e r s o f t h e B o a r d . - Each memberof the Board shall be entit led to an honorarium to Two HundredPesos (P200.00) for each day of actual service rendered in t he Board,

    which amount the Commission may adjust every t hree (3) years

    thereafter. No member of the Board shall be entitled to travellingexpenses.Sec. 17. N o t i ce an d Hear ing o f A pp l i ca t ions . - Upon receipt of

    applications for registration, the Election Officer shall set them for

  • 8/14/2019 Voters Registration Act RA 8189

    9/22

    hearing, notice of which shall be posted in the city or municipalbulletin board and in his office for at least one (1) week before thehearing, and furnish copies thereof to the applicant concerned, theheads or representatives of political parties, and other accreditedgroups or organizations which actively participate in the electoralprocess in the city or municipalit y. On the date of the hearing, the

    Election Officer shall receive such evidence for or against theapplicant.A registrant whose application is not seasonably objected to shall benotified in writing stating therein that no objection was raisedagainst his applicatio n and that he need not appear on the date setfor the hearing of his applicatio n. Physical presence of the applicantconcerned shall, however, be mandatory in all cases whereobjections against his application have been seasonably fi led withthe proper Election Registration Board for him to rebut or refuteevidence presented in opposition thereto.All applications for registration shall be heard and processed on aquarterly basis. For this purpose, the Election Registration Boardshall meet and convene on the third Monday of April, July, October,and January of ev ery calendar year, or on the next fo llowing

    working day if the designated days fail on a non-working holiday,except in an electi on year to conform with the one hundred twenty

    (120) days prohibiti ve period before elect ion day. Should one day besufficient for the processing of all accepted applications, the Boardshall adjourn from day to day until all the applicati ons shall havebeen processed.Sec. 18. C hal lenges to R igh t to R eg i s t e r . - Any vo ter, candidate orrepresentative of a registered political party may challenge in

    writing any application for registration, stating the groundstherefo r. The challenge shall be under oath and be attached t o theapplication, together with the proof of notice of hearing to thechallenger and the applicant.Oppositions to contest a registrants application for inclusion in thevoters list must, in all cases, be filed not later than the secondMonday of the month in which the same is scheduled to be heard orprocessed by the Election Registration Board. Should the secondMonday of the month fall on a non-working holiday, oppositions

    may be filed on the next following working day. The hearing on thechallenge shall be heard on the third Monday of t he month and thedecision shall be rendered before the end of the month.

  • 8/14/2019 Voters Registration Act RA 8189

    10/22

    Sec. 19. Po w e r t o A d m i n i s t e r Oa t h a n d I s s u e S u m m o n s . - Forpurposes of determining the right of the applicants to be registeredas a voter, the Election Officer shall have the power to administeroath, issue s u b p o e n a d u c e s t e c u m and swear in witnesses. The fees

    and expenses incidental thereto shall be paid in advance by theparty in whose behalf the summons is issued.Sec. 20. A ppr ova l and Dis appr ova l o f A pp l i ca t ion . -The Election

    Officer shall submit to the Board all applications for registrationfiled, together with the evidence received in connection therewith.

    The Board shall, by majorit y vo te, approve or disapprove theapplications.Upon approval, the Elect ion Offic er shall assign a votersidentification number and issue the corresponding identificationcard to the registered voter. If the Board disapproves the

    application, the applicant shall be furnished with a certifi cate ofdisapproval stating t he ground therefor. In cases of approval or

    disapproval, any aggrieved party may file a petition for exclusion orinclusion, as the case may be, with the proper Municipal orMetropolitan Trial Court as provided for in this Act.Sec. 21. P ubl i ca t ion o f A c t ion on A pp l i ca t ion fo r R eg i s t r a t ion . -

    Within five (5) days from approval or disapproval of application, theBoard shall post a notice in the bulletin board of the c ity ormunicipal hall and in the office of the Election Officer, stating thename and address of the applicant, the date of the application, andthe action taken thereon. The Election Officer shall furnish a copyof such notice personally, or by registered mail or special delivery tothe applicant and heads or representatives of registered politicalparties in the c ity or municipality. Sec. 22. P res e r va t ion o f V o te r s R eg i s t r a t ion R ecor ds . -The Election

    Officer shall compile the original copies of the approvedapplications for registration per precinct and arrange the samealphabetically according to surname. He shall preserve the book ofvoters and ensure its integrity. The second and third copies of theregistration records shall be sent to the prov incial and nationalcentral files within three (3) days after the approval of the Board.Sec. 23. Provincial F i le . -There shall be a provincial file consisting

    of the duplicate copies of all registration records in each precinct ofevery ci ty and municipality in the province. It shall be in thecustody of the Provincial Election Supervisor and shall be compiledand arranged by precinct , by municipality and alphabetically by

    surnames of vo ters.

  • 8/14/2019 Voters Registration Act RA 8189

    11/22

    Should the book of voters in the custody of the Election Officer belost or destroyed at a time so close to elec tion day that there is notime t o reconstitute the same, the corresponding book of v oters inthe provincial file shall be used during the voting.Sec. 24. N a t iona l C en t r a l F i le . - There shall be a national cent ral file

    under the custody of the Commission in Manila consisting of thethird copies of all approved voter registration records in each city ormunicipality. It shall be compiled by precinct in eachcity/municipality and arranged alphabetically by surname so as tomake the file a replica of t he book of v oters in the possession of theElection Officer. Thereafter a national list shall be preparedfollowing the alphabetical arrangements of surnames of voters.

    There shall be a national file consisting of the computerized voterslist (CVL), both in print and in diskett e, submitt ed by the Elect ion

    Officers in each city and municipality concerned, under the custodyof the Commission in Manila.

    The computeri zed vo ters li st shall make use of a single and uniformcomputer program that will have a detailed sorting capability to listvoters alphabetically by the precincts where they vote, by t hebarangays, municipaliti es, citie s or provinces where they reside andby their voters identification number (VIN).Sec. 25. V ote r s Iden t i f i ca t ion C ar d . -The voters identification cardissued to the registe red voter shall serve as a document for hisidentification. In case of loss or destruction, no copy thereof may beissued except to the registered voter himself and only upon theauthority of t he Commission.

    The Commission shall adopt a design for the voters identificationcard which shall be, as much as possible, tamper proof. I t shallprovide the following: the name and address of the voter, his date ofbirth, sex, photograph, thumbmark, and the number of precinct

    where he is registered, the signature of the v oter and the chairmanof the Election Registration Board and the voters identificationnumber (VIN).Sec. 26. Voters Iden t i f icat ion Num ber (VIN). -The Commission shall

    assign every registered voter a voters identification number (V1N)

    consisting o f three parts, each separated by a dash. For example:7501 -00191 -C145BCD.)a) Part 1: Current Address of the Voter

  • 8/14/2019 Voters Registration Act RA 8189

    12/22

    (1) the first two digits 75 stand for the province; and(2) The last two digits, 01, stand for the cit y,municipality , or a district, particularly in Manila.

    The code assignment for provinces, cities andmunicipaliti es shall follo w the Urban Code devi sed by theNational Census and Statisti cs Office (NCSO).

    (b) Part II: Current Precinct Assignment of the Voter

    (1) The first four digit s, 0019, stand for the permanentnumber of the precinct where the voter is currentlyassigned: and(2) The letter indicates whether it is a mother or a

    daughter precinct.The number assigned to t he precinct in ev ery city ormunicipality shall be permanent but the vot er maytransfer his precinct number. The VIN reflects thecurrent precinct assignment of the voter.

    (c) Part III: Permanent Birth and Name Code Unique to theVoter

    (1) The let ter, C, stands for the month, i.e., A for

    January, B for February, and so forth;(2) The next two digits, 14, stand for the date of birth;(3) The next two digits, 51, stand for the year of birth;and(4) The last three let ters, BCD, stand for the name code,i .e . , Bayani Cruz Davide.

    The last three letters shall stand for the first letter ofthe fi rst name, the middle name, and the last name inthat order.

    The Commission shall ensure that Part III hereo f of thevot ers identi ficati on number (VIN) shall be permanent

  • 8/14/2019 Voters Registration Act RA 8189

    13/22

    and unique to each voter. If necessary, the Commissionmay expand and modify the same.

    (d) The combined birth and name co de is assigned during the

    lifetime of every voter. Upon transfer of the voter to anotherprecinct , the first two parts of the VIN shall change.

    Sec. 27. Deac t i va t ion o f R eg i s t r a t ion . -The board shall deactivate

    the registration and remove the registration records of the follo wingpersons from the corresponding precinct book of voters and placethe same, properly marked and dated in indelible ink, in theinactive file after entering the cause or causes of deactivation:

    (a) Any person who has been sentenced by final judgment tosuffer imprisonment for not less than one (1) year, suchdisabilit y not having been removed by plenary pardon oramnesty: Provided, however, That any person disqualified to

    vot e under this paragraph shall automat ically reacquire theright to vote upon expiration of five (5) years after service of

    sentence as certified by the clerks of courts of theMunicipal/Municipal Circuit/Metropolitan/Regional TrialCourts and the Sandiganbayan;(b) Any person who has been adjudged by f inal judgment by acompetent court or tribunal of having caused/committed anycrime involving disloyalty t o the duly constituted governmentsuch as rebellion, sedition, violation of the anti-subversionand firearms laws, or any crime against national security ,unless restored to his full civil and political rights inaccordance with law; Provided, That he shall regain his rightto v ote 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 beensubsequently remo ved by a declaration o f a proper authoritythat such person is no longer insane or incompetent;(d) Any person who did not vote in the two (2) successivepreceding regular elections as shown by their voting records.For this purpose, regular elections do not include theSangguniang Kabataan (SK) elec tions;(e) Any person whose registration has been ordered excludedby the Court; and(f) Any person who has lost his Filipino citizenship.

  • 8/14/2019 Voters Registration Act RA 8189

    14/22

    For this purpose, the clerks of court for the Municipal/MunicipalCircuit/Metropoli tan/Regional Trial Courts and the Sandiganbayanshall furnish the Election Officer of the city or municipalityconcerned at the end of each month a certified list of persons whoare disqualifi ed under paragraph (a) hereof, with thei r addresses. TheCommission may request a certified list of persons who have lost

    their Filipino Citizenship or declared as insane or incompetent withtheir addresses from other government agencies.The Election Officer shall post in the bulletin board of his office acertified list of those persons whose registration were deactivatedand the reasons therefor, and furnish copies thereof to the localheads of political parties, the national central file, provincial file,and the voter concerned.Sec. 28. R eac t i va t ion o f R eg i s t r a t ion . - Any vot er whose registration

    has been deactivated pursuant to the preceding Section may filewith the Election Officer a sworn application for reactivation of his

    registration in the form of an affidavit stating that the grounds forthe deactivation no lo nger exist any time but not later than onehundred twenty (120) days before a regular election and ninety (90)days before a special election.

    The Election Officer shall submit said application to the ElectionRegistration Board for appropriate act ion.In case the application is approved, the Election Officer shallretrieve the registration record from the inactive file and includethe same in the corresponding precinct book of voters. Local headsor representatives of political parties shall be properly notified on

    approved applications.Sec. 29. C ance l la t ion o f R eg i s t r a t ion . -The Board shall cancel theregistration records of those who have died as certified by the LocalCivil Registrar. The Local Civil Registrar shall submit each month acertified list of persons who died during the previous month to theElection Officer of the place where the deceased are registered. Inthe absence of information concerning the place where the deceasedis registered, the list shall be sent t o the Election Officer of t he cityor municipality of the deceaseds residence as appearing in hisdeath certif icate. In any case, the Local Civil Regi strar shall furnish

    a copy of this list to the national central file and the properprovincial file.The Election Officer shall post in the bulletin board of his office alist of those persons who died whose registrations were cancelled,

  • 8/14/2019 Voters Registration Act RA 8189

    15/22

    and furnish copies thereof to the local heads of the political parties,the national central file, and the provincial file.Sec. 30. P repar a t ion an d P os t ing o f the C er t i f i ed L i s t o f Vo te r s . -

    The Board shall prepare and post certi fied li st of vo ters ninety (90)days before a regular elect ion and sixty (60) days before a special

    election and furnish copies thereof to the provincial, regional andnational central files. Copies of the certified list, along with acertified list of deactivated vo ters categorized by precinct perbarangay, within the same period shall likewise be posted in theoffice of the Election Officer and in the bulletin board of eachcity/municipal hall. Upon payment of t he fees as fixed by theCommission, the candidates and heads of registered poli tical partiesshall also be furnished copies thereo f.

    The Board shall also furnish two (2) certifi ed copies for said certi fied

    list of vo ters, along with a certified list of deactivated vot ers to theBoard of Election Inspectors for posting in the polling place and for

    their reference on election day.Sec. 31. Sea l ing o f P rec inc t B ook o f V o te r s . -The Board shall not ify

    within fifteen (15) days before the start of the campaign period of allregistered political parties and members of the Board of ElectionInspectors to inspect and verify the completeness of the votersregistration records for each precinct compiled in the book ofvoters.After verification and certification by the Board of ElectionInspectors and party representatives as to the completeness of thevoters registration records in the precinct book of v oters, the Board

    shall seal the book of voters in the presence of the former at thestart of the campaign period and take custody of the same untiltheir distribution to the Board of Election Inspectors on electi on

    day. The Election Officer shall deliver the sealed precinct book ofvoters to the chairman of the Board of Election Inspectors when thelatter secures its offi cial ballots and other paraphernalia for elect ionday.Sec. 32. Com m on R u le s Gover n ing Jud ic ia l , Pr oceed ings in theMat te r o f Inc lus ion , E xc lu s ion , an d C or rec t ion o f N am es o f V o te r s . -

    (a) Petition for inclusion, exclusion or correction of names of

    vot ers shall be filed during office hours;(b) Notice of the place, date and time of the hearing of thepetit ion shall be served upon the members of the Board and

  • 8/14/2019 Voters Registration Act RA 8189

    16/22

    the challenged voter upon filing of the petition. Service ofsuch notice may be made by sending a copy thereof bypersonal delivery, by leaving it in the possession of a person ofsufficient discretion in the residence of the challenged voter,or by registered mail. Should the forego ing procedures not bepracticable, the notice shall be posted in the bulletin board of

    the city or municipal hall and in two (2) other conspicuousplaces within the c ity or municipality;(c) A petition shall refer only to one (1) precinct and impleadthe Board as respondents;(d) No costs shall be assessed against any party in theseproceedings. However, if the court should find that theapplication has been filed sole ly to harass the adverse partyand cause him t o incur expenses, it shall order the culpable

    party to pay the costs and incidental expenses;(e) Any v oter, candidate or politi cal party who may be affectedby the proceedings may intervene and present his evidence;(f) The deci sion shall be based on the evidence presented andin no case rendered upon a stipulation of f acts. If the questionis whether or not the voter is real or fictitious, his non-appearance on the day set fo r hearing shall be prima facie

    evidence that the challenged voter is fictit ious; and(g) The pet ition shall be heard and decided within ten (10) daysfrom the date of its filing. Cases appealed to the Regional TrialCourt shall be decided within ten (10) days from receipt of the

    appeal. In all cases, the co urt shall decide t hese petit ions notlater than fifteen (15) days before the election and thedecision shall become final and executory.

    Sec. 33. J u r i s d i c t i o n i n I n c lu s i o n a n d E x c l u s i o n C a s e . -TheMunicipal and Metropolit an Trial Courts shall have original andexclusive jurisdiction over all cases of inclusion and exclusion ofvoters in their respective cities or municipalities. Decisions of theMunicipal or Metropoli tan Trial Courts may be appealed by theaggrieved party to the Regional Trial Court within five (5) days fromreceipt of notice thereof. Otherwise, said decision shall become finaland executory. The reg ional trial court shall decide the appeal

    within ten (10) days from the time i t is receiv ed and the decisionshall immediately become final and executory. No motion fo rreconsideration shall be entertained.

  • 8/14/2019 Voters Registration Act RA 8189

    17/22

    Sec. 34. P et i t ion f o r Inc lus ion o f V o te r s in the L i s t . - Any personwhose application for registration has been disapproved by theBoard or whose name has been stricken out from t he list may fi le

    with the court a petition to include his name in the permanent listof vo ters in his precinct at any time except one hundred five (105)days prior to a regular election or seventy-five (75) days prior to aspecial elect ion. It shall be supported by a certifi cate of disapproval

    of his application and proof of service of not ice of his petition uponthe Board. The petition shall be decided within fifteen (15) daysafter its filing.If the decision is for the inclusion of vot ers in the permanent list o fvoters, the Board shall place the application for registrationpreviously disapproved in the corresponding book of voters andindicate in the application for registration the date of t he order ofinclusion and the court which issued the same.Sec. 35. P et i t ion fo r E xc lus ion o f Vo te r s f r om t he L i s t . - Any

    registered voters, representative of a polit ical party or the ElectionOfficer, may fi le with the court a sworn petition for the exclusion ofa voter from the permanent list of voters giving the name, addressand the precinct of t he challenged voter at any time except onehundred (100) days prior to a regular elect ion or sixty-five (65) daysbefore a special election. The petition shall be accompanied by proof

    of not ice t o the Board and to the challenged vo ter and shall bedecided within ten (10) days from its filing.If the decision is for the exclusion of the voter from the list, theBoard shall, upon receipt of the final decision, remove the votersregistration record from the corresponding book of voters, enter the

    order of exclusion therein, and thereafter place the record in theinactive file.Sec. 36. V eri f i ca t ion o f R eg i s t e r ed V o te r s . - The Election officershall, in order to preserve the integrity of the permanent list ofvoters, file exclusion proceedings when necessary, and verify the listof the registered voters of any precinct by regular mail or house tohouse canvass.

    The Commission may enlist the help o f representatives of politicalparties and deputize non-government organizations (NGOs), civicorganizations and barangay off icials to assist in the v erification andhouse to house canvass of registered voters in every precinct.Sec. 37. V ot e r E x c l u d e d T h r o u g h I n a d v e r t e n c e o r R e gi s t e r ed w i t han E r r oneous or Mis s pe l l ed N am e . - Any registered voter who has

  • 8/14/2019 Voters Registration Act RA 8189

    18/22

    not been included in the precinct certified list of vo ters or who hasbeen included therein with a wrong or misspelled name may fil e

    with the Board an application for reinstatement or correction ofname. If it is denied or not acted upon, he may file on any date withthe proper Municipal Circuit, Municipal or Metropolitan Trial Courta petition for an order directing that his name be entered orcorrected in the list. He shall attach to the petit ion a certified copy

    of his registration record or identification card or the entry of hisname in the certified list of v oters used in the preceding election,together with the proof that his application was denied or not actedupon by the Board and that he has served notice t o the Board.Sec. 38. V ot e r s E x c l u d e d t h r o u g h I n a d v e r t e n c e o r R eg i s t e r ed w i t han E r r oneous or Mis s pe l l ed N am e . - Any registered voter whoseregistration record has not been included in the precinct book ofvoters, or whose name has been omitted in the list of voters or whohas been included therein with a wrong or misspelled name may file

    with the Board an application for inclusion of his record, or

    reinstatement or correction of his name as the case may be. If it isdenied or not acted upon, the voter may file on any date with t heproper Municipal or Metropo litan Trial Court a petiti on for an orderdirecting that the vote rs name be entered or corrected in the list.

    The voters shall attach to the petit ion a certified true copy of hisregistration record or identification card or the entry of his name inthe list of v oters used in the preceding election, together with proofthat his application was denied o r not acted upon by the Board andthat he has served notice thereof to the Board.Sec. 39. A n n u l m e n t a t B o o k o f V ot e r s . - The Commission shall, upon

    verified petition of any vot er or election officer or duly registered

    polit ical party, and after notice and hearing, annul any book ofvoters that is not prepared in accordance with the provisions of thisAct or was prepared through fraud, bribery, forgery, impersonation,intimidation, force or any similar irregularity, or which containsdata that are statistically improbable. No order, ruling or decisionannulling a book of vo ters shall be executed within ninet y (90) daysbefore an elect ion.Sec. 40. R econs t i t u t ion o f Los t o r Des t r oyed R eg i s t r a t ion R ecor ds . -

    The Commission shall reconstitute all registration records whichhave been lost or destroyed by using the corresponding copies of theprovincial or national central files. In case of conflict theCommission shall determine which file shall be used forreconstit ution purposes. If this is not feasible, the Commission shall

    conduct a general registration of voters in the affected area:Provided, That there is a scheduled election before the next

  • 8/14/2019 Voters Registration Act RA 8189

    19/22

    scheduled general registration of voters in accordance with theOmnibus Election Code. All such voters shall retain their votersidentification number. Reconstituted forms shall be clearly marked

    with the word "reconstituted."It shall be the duty of the Election Officer to immediately report tothe Commission any case of loss or destruction of registrationrecord in his custody.

    The reconstitution of any lost or destroyed registration records shallnot affect the criminal liability of any person who is responsible forsuch loss or destruction.Sec. 41. E x a m i n a t i o n o f R e g i s t ra t i o n R e c o r d s . - All registrationrecords/computerized voters list in the possession of the Electionofficer, the Provincial Election Supervisor, and the Commission inManila shall, during regular office hours, be open to examination bythe public for legitimate inquiries on election related matters, free

    from any charge or access fee.Law enforcement agenc ies may, upon prior authorization andsubject to regulations promulgated by the Commission, have accessto said registration records should the same be necessary to and inaid of their investigative functions and duties.Sec. 42. R i g h t t o I n f o rm a t i o n . -The duly authorized representative

    of a registered poli tical party o r of a bona fide candidate shall havethe right to inspect and/or copy at their expense the accountableregistration forms and/or the list of registered voters in theprecincts constituting the constituency o f the bona fide candidate

    or at which the political party is fielding candidates. The inspectionand copying shall be co nducted during business hours of theCommission and shall be subject t o reasonable regulations.Sec. 43. Co m p u t e r i z a t i o n a t Pe r m a n e n t L i s t o f V o t e r s . - Apermanent and computerized list arranged by precinct, city ormunicipality , province and region shall be prepared by theCommission. Thereafte r, another li st shall be prepared consisting ofthe names of the v oters, arranged alphabetically according tosurnames.

    The computer print-outs of t he list of voters duly certified by theBoard are offici al documents and shall be used for vot ing and otherelect ion related purposes as well as for legitimate research needs.

  • 8/14/2019 Voters Registration Act RA 8189

    20/22

    The tot al number of vot ers in the permanent list shall be the basisfor the printing of the official ballots by the Commission.Sec. 44. R eas s ignm en t o f E lec t ion O f f i c e r s . - No Election Officer

    shall hold office in a particular city or municipality for more thanfour (4) years. Any electio n officer who, either at the time of theapproval of this Act or subsequent theret o, has served fo r at leastfour (4) years in a particular city or municipality shall automaticallybe reassigned by the Commission to a new station outside theoriginal congressional district.Sec. 45. E lec t ion O f fen s e s . - The following shall be consideredelection offenses under this Act:

    (a) to deliver, hand over, entrust o r give, directly or indirectly,his voters identification card to another in consideration ofmoney or o ther benefit of promise; or take or accept suchvoters identification card, directly or indirectly, by giving or

    causing the giving o r money or other benefit or making orcausing the making of a promise therefore;(b) to fail, without cause, to post or give any of the notices orto make any of the reports re-acquired under this Act;(c) to issue or cause the issuance of a voters identificationnumber or to cancel or cause the cancellation thereof inviolation of t he provisions of this Act; or to refuse theissuance of registered vot ers their vot ers identification card;(d) to accept an appointment , to assume offi ce and to actually

    serve as a member of the Election Registration Board althoughineligible thereto, to appoint such ineligible person knowinghim to be ineligible;(e) to interfere wi th, impede, abscond for purpose of gain or toprevent the installation or use of computers and devices andthe processing, storage, generation, and transmission ofregistration data or information;(f) to gain, cause access to use, alter, destroy , or disclose anycomputer data, program, system software, network, or anycomputer-related devices, facilities, hardware or equipment,

    whether classified or declassified;

  • 8/14/2019 Voters Registration Act RA 8189

    21/22

    (g) failure to provide certified vot ers and deactivated voterslist to candidates and heads of representatives of politicalparties upon written request as provided in Section 30 hereof;(h) failure to include the approved application form forregistration o f a qualified vot er in the book of voters of aparticular precinct or the omission of the name of a dulyregistered voter in the certified list of vote rs of the precinct

    where he is duly, registe red resulting in his failure to cast hisvote during an election, plebiscite, referendum, initiativeand/or recall. The presence of t he form or name in the book o fvoters or certified list of voters in precincts other than wherehe is duly registered shall not be an excuse hereof;(i) the posting of a list of vo ters outside or at the door of aprecinct on the day of an election, plebiscite, referendum,

    initiative and/or recall, and which list is different in contentsfrom the certified list of voters being used by the Board of

    Election Inspectors; and

    (j) Violation of the provisions of this Act.Sec. 46. P ena l t i e s . - Any person found guilty of any election o ffenseunder this Act shall be punished with imprisonment o f not le ss thanone (1) year but not more than six (6) years and shall not be subject

    to probation. In addition, the guilty party shall be sentenced tosuffer disqualification to hold public office and deprivation of theright of suffrage. If he is a foreigner, he shall be deported afte r theprison term has been served. Any poli tical party fo und guilty shallbe sentenced to pay a fine o f not less than One hundred thousand

    pesos (P100,000) but not more than Five hundred thousand pesos(P500,000).Sec. 47. F u n d i n g . - The amount of Two billio n pesos (2,000,000,000)

    is hereby included in the General Appropriations Act fo r the fiscalyear 1997 to defray t he expenses for the registration activitie s.Sec. 48. Mu l t i -par t i s an Mon i tor ing and E va lua t ion Com m i t t ee . - AMonitoring and Evaluation Committee is hereby created composedof seven (7) members to be based on party representati on of theseven (7) major political parties that fielded presidential candidatesin the 1992 synchronized elections. The Committee is an ad hoc

    body attached to the Commission but not subject to its supervisionand control.

  • 8/14/2019 Voters Registration Act RA 8189

    22/22

    The task of the Committee is to monitor and evaluate the system,procedures or guidelines prepared by the Commission fo r theconduct of the general registration and the continuing system ofregistration in accordance with this Act.

    The Committee shall prepare two reports outlining the findings andrecommendations for immediate action o r institution of co rrectivemeasures by the Commission and/or Congress. The fi rst report shallbe submitted to the Commission and Congress three (3) monthsbefore the holding of the general registration. The second reportshall be due at the end of the year on the initial implementation ofthe system o f continuing registration.

    The amount not less than Fifty millio n pesos (P50,000,000) but notmore than One hundred million pesos (P100,000,000) is herebyallocated from the Two billion pesos (P2,000,000,000) allocation

    provided in the preceding section for the operations of t heCommitt ee. This amount shall be held in trust by the Commission

    subject to the usual accounting and auditing procedures.

    Sec. 49. R u l e s a n d R e g u l a t i o n s . - The Commission shall promulgatethe necessary rules and regulations to implement the provisions ofthis Act not later than ninety (90) days before the first day ofregistration as provided for in this Act.Sec. 50. S e p a r a b i l i t y C l a u s e . - If any part of this Act is held invalidor unconstitutional, the other parts or provisions hereof shallremain valid and effectiv e.Sec. 51. R epea l in g Clau s e .- All laws, decrees, executi ve o rders, rules

    and regulations inconsistent with this Act are hereby repealed ormodified accordingly.Sec. 52. E f f e c t i v i t y . - This Act shall take effect fi fteen (15) days after

    its publication in at least two (2) newspapers of general circulation.Approved:June 11, 1996.