REPLIHL!C IC' TI!& F H I ?

I i J V H ~ ~ ~
COt41'41SSIONli!J I!LECTIQNS
II:T~~IIILO~~I:IIII.A

EOUCATIC'EI AEII! IH:'i.jl:h!ATl!lyI

Republic of the Philippines

COMMISSION ON ELECTION
Manila

fiI;i?AHTMEb'1

...., - .

DATE:

I N THE MATTER OF THE SUPREME

COURT OFFICE OF THE COURT
ADMINISTRATOR (OCA) CIRCULAR
35-2007
REQUIRING
NO.
CERTIFICATION TO BE ISSUED BY
THE
HEAD
OF
THE
AGENCY
AUTHORIZING
THE
ELECTION
OFFICER TO TRANSACT BUSINESS
WITH THE COURT AS EMPLOYEE OF
THE COMELEC

MELO, Jose A.R., Chairman

'

Promulgated:

September 7 , 2010

WHEREAS, Section 35 of Republic Act No. 8189 otherwise known as "The Voter's
Registration Act of 1996" expressly authorizes Election Officers to file petitions for exclusion in
the proper courts by virtue of the foregoing provision:

"SEC. 35. Petition for Exclusion of Voters f r ~ m

the List. -- Any
registered voters, representative of a political party or the Election Oficer, may
file with the court a sworn petition for the exclusion of a voter form the
permanent list of voters giving the name, address and the precinct of the
challenged voter at any time except one hundred (100) days prior to a regular
election or sixv-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 t o m its filing. xxx"

WHEREAS, in Supreme Court OCA Circular No. 35-2007 dated April 10, 2007 on the
subject of "Clarification on the fees to be collected for petitions for inclusion, exclusion or
t
Christopher 0 . Look reiterated that OCA
correction of names of voters", ~ o j rAdministrator
Circular No. 54-2003 dated May 20, 2003 on the exemption of the Commission on Elections
(COMELEC) from the payment of the required legal fees under Rule 141 is still enforceable
(Resolution dated May 5, 2003 of Court En Banc in A.M. No. 03-04-llSC) subject to the
following conditions:

1. that petitions for exclusion are filed by the election officers in the name of or for

and on behalf of COMELEC;

SARMIENTO, Rene V., Commissioner

FERRER, Nicodemo T., Commissioner
TAGLE, Lucenito N., Commissioner
VELASCO, Armando C., Commissioner
YUSOPH, Elias R., Commissioner
LARRAZABAL, Gregorio Y., Commissioner ,

2. that petitions for exclusion are filed pursuant to the pertinent provisions of R.A.
No. 8189 (Voter's Registration Act of 1996); or the Omnibus Election Code; or
Section 2, Article I X (C) of the 1987 Philippine Constitution; and
3. that election officers are prohibited from allowing themselves to be used by any
candidate or political party in the filing of exclusion cases to avoid payment of
fees or to harass duly registered voters.
Furthermore, accountable oficers are enjoined to require persons claiming to be
election officers to present their latest valid identification cards and a certification from the head
of the agency that he/she is duly authorized to transact business with the court as an employee

of the COMELEC, otherwise the petition filed shall not be exempted from the payment of legal
fees;

WHEREAS, the Commission on Elections submits to the laudable purpose of OCA Circular
No. 35-2007, that is to uphold the right of suffrage by providing its safeguards against frivolous
cases;

WHEREAS, in line with the objective of and to ensure compliance with the conditions
required in OCA Circular No. 35-2007, there is a need to delegate to the Provincial Election
Supervisors the authority to issue certifications to the election officers to transact business with
the court as an employee of the COMELEC, being in direct supervision of the said officials they
are in the best position to issue said certifications;

WHEREAS, the delegation cited in the preceding paragraph is legally authorized under
Section 53 of Batas Bilang No. 881 (Omnibus Election Code of the Philippines) providing as
follows:
"Section 53. Field ofices of the Comrnission.
have the following field ofices:

The Con~missionshall

(I)Regional Election Office, headed by the Regional Election Director and

assisted by the Assistant Regional Director and such ott~srsubordinate oficers or
employees as the Cornmission may appoint.
(2) Provincial Election Ofice, headed by the Provincial Election Supervisor
and assisted by such other subordinate oficers or employees as the Con7mission
may appoint.

(3) Cily/Munic@al Election Ofice, headed by the City/Munic@alRegistrar

who shall be assisted by an election clerk and such other employees as the
Comrnission may appoint.
The Comn7ission may delesate its Dowers and functions or order the
jm~le~nentation
or enforcement of its orders, rulinas, or decisions throuah the
heads of its field ofices," (underscoring supplied)

NOW, MEREFORE, the Commission, by virtue of the powers vested in it by the

Constitution of the Republic of the Philippines; the Omnibus Election Code, Republic Act No.

8189 and other election laws, RESOLVED, as it hereby RESOLVES, to authorize the
Provintial Election Supervisors to issue certifications to the Election Officers that
they are duly authorized to transact business with the court as an employee of the
COMELEC for purposes of filing of petitions for exclusions in courts in compliance
with Supreme Court OCA Circular No. 35-2007.

Resolved further, to furnish copy of this Resolution to the Supreme Court Office of the
Court Administrator for its information.

Let the Acting Executive Director implement this Resolution.

SO ORDERED.

Commissioner

Cotnmissioner

Or1 OFFICIAL 13USIBXSS

ELIAS R. YUSOPH
Commissioner