REGISTRATION OF VOTERS

As an institution mandated under law to conduct

free, honest, orderly, modernized and credible
election, the comelec has encated several
resolutions to achieve this mandate. To start
with the registration of voters. In this process the
commission has given the date from April 1,2011
to October 31, 2012 for registration, transfer of
registration records, change/corrections of entries
in the registration records, reactivation of
registration records, and inclusion of registration
records/reinstatement of name in the list of
voters, for the upcoming May 13,2013 elections.
LAW IN CONNECTION WITH REGISTRATION
BP 881 Omnibus Election Code of the Philippines

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

RA 8436 AN ACT AUTHORIZING THE

COMMISSION ON ELECTION TO USE AN
AUTOMATED ELECTION SYSTEM IN THE MAY
11, 1998 NATIONAL AND LOCAL ELECTIONS
AND IN SUBSEQUENT NATIONAL AND LOCAL
ELECTORAL EXERCISE, PROVIDING FUNDS
THEREFOR AND FOR OTHER PURPOSES
 RESOLUTION No. 8882 CLEANSING OF THE
LISTS OF VOTERS THROUGH AUTOMATED
FINGERPRINT IDENTIFICATION
SYSTEM(AFIS)

RESOLUTION No. 9149 RULES AND

REGULATIONS FOR THE RESUMPTION OF
THE SYSTEM OF CONTINUING
REGISTRATION OF VOTERS AND
VALIDATION OF REGISTRATINO RECORDS
IN THE NON-ARMM AREAS
Necessity of registration

Section 115. Necessity of Registration. - In order

that a qualified elector may vote in any election,
plebiscite or referendum, he must be registered
in the permanent list of voters for the city or
municipality in which he resides. Sec 115 (BP
881)
REGISTRATION
R.A. 8189
Sec. 10. Registration of
Voters. - A qualified voter
shall be registered in the
permanent list of voters in a
precinct of the city or
municipality wherein he
resides to be able to vote in any
election. To register as a voter,
he shall personally accomplish
an application form for
registration as prescribed by
the Commission in three (3)
copies before the Election
Officer on any date during
office hours after having
acquired the qualifications of a
voter.
Comelec resolution no.
9149
Sec. 5. Who may register. Any
Filipino citizen who is:
1. At least eighteen (18) years of
age;
2. A resident of the Philippines for
at least one (1) year and in the
place wherein he proposes to vote,
for at least six (6) months
immediately preceding the
election; and
3. Not otherwise disqualified by law.
4. Any person, who has not reached
the required voting age or period
of residence on the day of
registration but will possess such
qualifications on or before the
May 13, 2013 elections, may
register as a voter not earlier
than May 12, 2012.
R.A. 8189
The application shall contain the following data:
1. Name, surname, middle name, and/or maternal surname;
2. Sex;
3. Date, and place of birth;
4. Citizenship;
5. Civil status, if married, name of spouse;
6. Profession, occupation or work
7. Periods of residence in the Philippines and in the place of
registration;
8. 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;
9. A statement that the applicant possesses all the qualifications of a
voter;
10. A statement that the applicant is not a registered voter of any
precinct; and
11. Such information or data as may be required by the Commission.
R.A. 8189
The application for registration shall contain three (3)
specimen signatures of the applicant, clear and
legible rolled prints of his left and right thumbprints,
with four (4) identification size copies of his latest
photograph, attached thereto, to be taken at the
expense of the Commission.
Before the applicant accomplishes his application for
registration, the Election Officer shall inform him of
the qualifications and disqualifications prescribed by
law for a voter, and thereafter, see to it that the
accomplished application contains all the data therein
required and that the applicant's specimen
signatures, fingerprints, and photographs are
properly affixed in all copies of the voter's application.
SEC. 6. WHO ARE DISQUALIFIED TO
REGISTER. COMELEC RESOLUTION NO. 9149

The following are disqualified from registering as a voter:

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;
B. Any person who has been adjudged by final judgment by a
competent court or tribunal of having committed any crime
involving disloyalty to the duly-constituted government,
such as, rebellion, insurrection, violation of the firearms
laws, or any crime against national security unless restored
to his full civil and political rights in accordance with law;
and
C. Insane or incompetent person as declared by competent
authority unless subsequently declared by proper authority
that such person is no longer insane or incompetent.
D. Any person disqualified to register under paragraphs (a) and
(b) above shall automatically reacquire the right to vote
upon expiration of five (5) years after service of sentence.
SPECIAL REGISTRATION (AKBAYAN CASE)
FACTS:
Herein petitioners requested the comelec a two-day additional
registration of voters due to the failure of about 4.5 million potential
registrant to register.
The COMELEC on the other hand denied their request for the two-
day additional registration of voters on the legal ground of Sec.
8. System of Continuing Registration of Voters. The personal
filing of application of registration of voters shall be conducted daily
in the office of the Election Officer during regular office hours. No
registration shall, however, be conducted during the period starting
one hundred twenty (120) days before a regular election and ninety
(90) days before a special election.
The petitioners contended that the COMELEC has the power to issue
an new date with a basis from SEC. 28. Designation of other Dates for
Certain Pre-election Act.
if it should no longer be possible to observe the periods and dates
prescribed by law for certain pre-election acts, the Commission shall
fix other periods and dates in order to ensure accomplishments of the
activities so voters shall not be deprived of their right to suffrage.
ISSUE
Did the COMELEC exercise grave abuse of
discretion in ordering the denial of the request of
the two-day addition registration of voters.
HELD
This Court is of the firm view that respondent
COMELEC did not commit an abuse of
discretion, much less be adjudged to have
committed the same in some patent, whimsical
and arbitrary manner, in issuing Resolution No,
3584 which, in respondent's own terms, resolved
"to deny the request to conduct a two-day
additional registration of new voters on February
17 and 18, 2001
CASE 2
EN BANC
G.R. No. 189868 December 15, 2009
KABATAAN PARTY-LIST REPRESENTATIVE RAYMOND V.
PALATINO, ALVIN A. PETERS, PRESIDENT OF THE
NATIONAL UNION OF STUDENTS OF THE PHILIPPINES
(NUSP), MA. CRISTINA ANGELA GUEVARRA,
CHAIRPERSON OF THE STUDENT CHRISTIAN MOVEMENT
OF THE PHILIPPINES (SCMP), VENCER MARI E.
CRISOSTOMO, SECRETARY GENERAL OF KABATAAN
PARTY-LIST, VIJAE O. ALQUISOLA, PRESIDENT OF THE
COLLEGE EDITORS GUILD OF THE PHILIPPINES (CEGP),
DIANNE KRISTEL M. ASUELO, SECRETARY GENERAL OF
THE KABATAANG ARTISTA PARA SA TUNAY NA KALAYAAN
(KARATULA), KENNETH CARLISLE EARL EUGENIO, ANA
KATRINA V. TEJERO, VICTOR LOUIS E. CRISOSTOMO,
JACQUELINE ALEXIS S. MERCED, and JADE CHARMANE
ROSE J. VALENZUELA, Petitioners,
vs.
COMMISSION ON ELECTIONS, Respondent.
FACTS
On November 12, 2008, respondent Commission on Elections
(COMELEC) issued Resolution No. 8514 which, among other things,
set December 2, 2008 to December 15, 2009 as the period of
continuing voter registration using the biometrics process in all areas
nationwide, except in the Autonomous Region of Muslim Mindanao.
Subsequently, the COMELEC issued Resolution No. 8585 on
February 12, 2009 adjusting the deadline of voter registration for the
May 10, 2010 national and local elections to October 31, 2009, instead
of December 15, 2009 as previously fixed by Resolution No. 8514.
The petitioners then filed a case to declare the resolution as null and
void. Petitioners contends that there would be a massive
disenfranchisement of millions of Filipino voters.
Petitioners further contend that COMELEC Resolution No. 8585 is
an unconstitutional encroachment on the legislative power of
Congress as it amends the system of continuing voter registration
under Section 8 of Republic Act No. 8189 (RA 8189).
The COMELEC also contends that they are given power on the basis
of SEC. 28. Designation of other Dates for Certain Pre-election Act.
ISSUE AND DECISION/RATIO
WON the Resolution of the COMELEC changing the
date of the Registration period from December 15,
2009 to October 31,2009.

HELD:
The court declared the resolution as null and void.
The comelec in the exercise of the power given to
them in determining the dates for pre-election should
not contradict any laws, which in this case is based on
Section 8 of RA 8189, that the prohibited period for
registration is only 120 days before the regular
election and 90 days for special election. The
COMELEC should respect and exercise its power
based on the substantive law.
RATIO:

Both provisions seem that they are contradicting each other but it is
still capable of being harmonized and reconciled.
Rudimentary is the principle in legal hermeneutics that changes
made by the legislature in the form of amendments to a statute
should be given effect, together with other parts of the amendment
act. It is not to be presumed that the legislature, in making such
changes, was indulging in mere semantic exercise. There must be
some purpose in making them, which should be ascertained and given
effect.
Corollarily, it is specious for herein petitioners to argue that
respondent COMELEC may validly and legally conduct a two-day
special registration, through the expedient of the letter of Section 28
of RA 8436. To this end, the provisions of Section 28, RA 8436 would
come into play in cases where the pre-election acts are susceptible of
performance within the available period prior to election day. In more
categorical language, Section 28 of R.A 8436 is, to our mind, anchored
on the sound premise that these certain "pre-election acts" are still
capable of being reasonably performed vis-a-vis the remaining period
before the date of election and the conduct of other related pre-
election activities required under the law.
TRANSFER R.A. 8189
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 voters registration
record to the Election Officer of the voters new
residence.
TRANSFER R.A. 8189
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.
SEC. 12. PROCEDURE FOR FILING OF APPLICATION FOR TRANSFER
OF REGISTRATION RECORDS WITHIN THE SAME CITY AND
MUNICIPALITY DUE TO CHANGE OF ADDRESS COMELEC RESOLUTION NO. 9149

Any registered voter who has changed his

address in the same city/municipality may apply
for transfer of his/her registration record to the
precinct book of voters of his new precinct by
accomplishing CEF-1B (Application for Transfer).

The EO shall verify in his local database the

record of the applicant, using the VRS
program. The EO shall use the old application
form number of the applicant and direct the
applicant to the VRM Operator.
There are two procedures, one for complete
BIOMETRICS data and another for incomplete
BIOMETRICS data
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;
SECTION 32. COMMON RULES GOVERNING JUDICIAL,
PROCEEDINGS IN THE MATTER OF INCLUSION, EXCLUSION, AND
CORRECTION OF NAMES OF VOTERS.
d) No costs shall be assessed against any party in these
proceedings. However, if the court should find that the
application has been filed solely to harass the adverse party
and cause him to incur expenses, it shall order the culpable
party to pay the costs and incidental expenses;
e) Any voter, candidate or political party who may be affected
by the proceedings may intervene and present his evidence;
f) The decision shall be based on the evidence presented and in
no case rendered upon a stipulation of facts. If the question is
whether or not the voter is real or fictitious, his non-
appearance on the day set for hearing shall be prima facie
evidence that the challenged voter is fictitious; and
g) The petition shall be heard and decided within ten (10) days
from the date of its filing. Cases appealed to the Regional Trial
Court shall be decided within ten (10) days from receipt of the
appeal. In all cases, the court shall decide these petitions not
later than fifteen (15) days before the election and the decision
shall become final and executory
SEC. 14. PROCEDURE FOR FILING OF APPLICATIONS FOR
CHANGE OF NAME BY REASON OF MARRIAGE, OR COURT
ORDER OR ORDER BY THE CIVIL REGISTRAR OR CONSUL
GENERAL.

Application for change

CEF-1D Application for Change

reason of marriage

court order or

by order of the Civil Registrar or Consul General

been annulled or declared a nullity by competent

court
REACTIVATION
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 than one
hundred twenty (120) days before a regular election and
ninety (90) days before a special election.
The Election Officer shall submit said application to the
Election Registration Board for appropriate action.
In case the application is approved, the Election Officer
shall retrieve the registration record from the inactive file
and include the same in the corresponding precinct book of
voters. Local heads or representatives of political parties
shall be properly notified on approved applications.
DEACTIVATION COMELEC RESOLUTION NO. 9149

The deactivation of voters registration records shall be made based on

the following grounds, to wit:
A. Those who have 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, that
any such person shall automatically reacquire the right to vote
upon the expiration of five (5) years after service of sentence as
certified by the clerk of court of the Municipal/Municipal
Circuit/Metropolitan/Regional Trial Courts or the Sandiganbayan;
B. Those who have been adjudged by final judgment of a competent
court or tribunal of having committed any crime involving disloyalty
to the duly constituted government, such as rebellion, sedition,
violation of the firearms laws, or any crime against national
security unless restored to their full civil and political rights in
accordance with law; Provided, that such person shall automatically
regain his right to vote upon the expiration of five (5) years after
service of sentence;
C. Those declared by competent authority to be insane or incompetent;
DEACTIVATION COMELEC RESOLUTION NO. 9149
D. Those who failed to vote in the two (2) successive preceding
regular elections as shown in their voting records. For this
purpose, regular elections do not include the Sangguniang
Kabataan (SK) elections;
E. Those ordered excluded from the list of voters by the court;
and
F. Those who have lost their Filipino citizenship.
G. For this purpose, the clerk of court shall furnish the EO
concerned at the end of each month a certified list of persons
with their addresses, who have lost their Filipino citizenship;
were declared insane/incompetent; have been sentenced by
final judgment to suffer imprisonment of not less than one
(1) year, or have committed a crime involving disloyalty to
the duly constituted government.
After deactivation of the voters registration record, the
Board shall remove the same from the corresponding
precinct book of voters. Properly marked, dated in indelible
ink, enter therein the cause/s of deactivation and thereafter,
place the same in the inactive file.
DOUBLE REGISTRATION
Some 43,000 voters were found to have registered at
least twice for the May 2010 elections in Calabarzon
and in the Autonomous Region in Muslim Mindanao
(ARMM), a Commission on Elections (Comelec)
official revealed on Friday.

These double and multiple registrants were

discovered through the use of biometrics and the
Automated Fingerprint Identification System (AFIS),
Commissioner Rene Sarmiento told reporters, citing
findings of the Comelecs Information and Technology
Department (ITD).
http://www.gmanetwork.com/news/story/182200/news/
nation/comelec-43-000-registered-twice-for-may-polls
DOUBLE REGISTRATION
RESOLUTION No. 8882

CLEANSING OF THE LISTS OF VOTERS

THROUGH THE AUTOMATED
FINGERPRINT IDENTIFICATION SYSTEM
(AFIS) Promulgation: 07 May 2010
CASE G.R. N . 179430
O JULY 27, 2009
JAMELA SALIC MARUHOM, PETITIONER,
VS.
COMMISSION ON ELECTIONS, AND MOHAMMADALI "MERICANO" A. ABINAL, RESPONDENTS.

Given Maruhom's double registration in Marawi and

Marantao, then COMELEC should determine which
registration was valid and which one was null. COMELEC
could not consider both registrations valid because it would
then give rise to the anomalous situation where Maruhom
could vote in two precincts at the same time. This would be
a dangerous precedent that would open the floodgates to
massive election cheating and fraud. This was precisely the
situation that the COMELEC intended to address when it
issued its Minute Resolution No. 00-1513 on 25 July 2000,
seven years prior to the 14 May 2007 elections in which
Maruhom intended to run. To foster honesty and credibility
in the registration of voters, so as to avoid the padding of
vote registration, COMELEC laid down the rule in Minute
Resolution No. 00-1513 that while the first registration of
any voter subsists, any subsequent registration thereto is
void ab initio. "
DOUBLE REGISTRATION
To abate the other registration records of voters found to
have double or multiple registration records pursuant to
the policy reinstated in Comelec Minute Resolution No. 09-
0696 dated October 20, 2009, quoted as follows:

1. " In all cases where registrants are found to be registered

in two (2) or more districts/cities municipalities/ the
latest registration shall prevail which is deemed to be
more in consonance with then intent of the concerned
registered voters. Accordingly they shall be allowed to vote
only in the district/city/municipality of their latest
registration.
This is distinguished from the policy on double/multiple
registrants found within the same
district/city/municipality where their original registration
shall prevail."
DOUBLE REGISTRATION
2) To direct the Board of Election Inspectors not to
allow these voters to vote in their respective
precincts in the May 10, 2010 elections;

3) To direct all Election Officers to manually cross out

from the Election Day Computerized Voters Lists
(EDCVLs), Posted Computerized Voters Lists
(PCVLs), and the Supplemental Lists of Voters, if
any, the names of voters whose registration records
have been abated, and to indicate on top of the
crossed-out name, the following annotation: "PER
RESOLUTION NO. 8791" followed by the signature
of the Election Officer;
4) To delete the registration records of said voters in
the next Election Registration Board (ERB)
hearings.
DOUBLE REGISTRATION
5) To direct the Education and Information
Department (EID) of the Commission on
Elections to cause the publication of this
Resolution in two (2) daily newspapers of
general circulations in the Philippines, and give
it the widest dissemination; and

6) To direct the Election and Barangay Affairs

Department in coordination with the
Information Technology Department (ITD) to
implement this Resolution.
Double registration

ARTICLE XXII
ELECTION OFFENSES
Section 261. Prohibited Acts. - The following
shall be guilty of an election offense:
(y)(2) Any person who knowingly makes any
false or untruthful statement relative to any of
the data or information required in the
application for registration.
(5) Any person who, being a registered voter,
registers anew without filing an application for
cancellation of his previous registration.
ELECTION REGISTRATION BOARD
Composition:
Election Officer (Chairman)

Public School Official most senior in rank-School

Superintendent (member)
Local Civil Registrar, in his absence the
Municipal Treasurer (member)
Restrictions:
No member of the Board shall be related to each
other or to any incumbent city or municipal
elective official within the fourth civil degree of
consanguinity or affinity.

Reason:
To preserve the integrity of the Election
Registration Board
NOTICE AND HEARING OF APPLICATIONS:

Upon receipt of applications for registration, the

Election Officer shall set them for hearing, notice
of which shall be posted in the city or municipal
bulletin board and in his office for at least one (1)
week before the hearing, and furnish copies
thereof to the applicant concerned, the heads or
representatives of political parties, and other
accredited groups or organizations which actively
participate in the electoral process in the city or
municipality. On the date of the hearing, the
Election Officer shall receive such evidence for or
against the applicant.
 A registrant whose application is not seasonably
objected to shall be notified in writing stating
therein that no objection was raised against his
application and that he need not appear on the
date set for the hearing of his application.
Physical presence of the applicant concerned
shall, however, be mandatory in all cases where
objections against his application have been
seasonably filed with the proper Election
Registration Board for him to rebut or refute
evidence presented in opposition thereto.
 All applications for registration shall be heard
and processed on a quarterly basis. For this
purpose, the Election Registration Board shall
meet and convene on the third Monday of April,
July, October, and January of every calendar
year, or on the next following working day if the
designated days fail on a non-working holiday,
except in an election year to conform with the one
hundred twenty (120) days prohibitive period
before election day. Should one day be sufficient
for the processing of all accepted applications, the
Board shall adjourn from day to day until all the
applications shall have been processed.
POWER OF THE ELECTION
REGISTRATION BOARD
Approve or Disapprove the Application.
WORKFLOW CHART:

FOR REGISTRATION:
STEP 1: Approach the Election Assistant in-charge of
your barangay for interview and submission of
requirements.

STEP 2: Biometrics and demographic capture

(includes picture, thumbmark and signature at the
DCM.
STEP 3: Proceed to Election Officer/Interviewer for
submission of application forms and ask for your
acknowledgment receipt.

STEP 4: Wait for the quarterly approval by the

Election Registration Board of all applications.
PETITION FOR INCLUSION:

Any petition for inclusion shall be filed at any

time except one hundred five (105) days prior to a
regular election or seventy-five (75) days prior to
a special election.
Under Comelec Resolution No. 9149 promulgated
on February 11, 2011, Petition for Inclusion shall
be filed at any time but not later than January
28, 2013.
PROCEDURE:

The Petition shall be supported by a certificate of

disapproval of his application and proof of service
of notice of his petition upon the Board. The
petition shall be decided within fifteen (15) days
after its filing.
If the decision is for the inclusion of voters in the
permanent list of voters, the Board shall place
the application for registration previously
disapproved in the corresponding book of voters
and indicate in the application for registration
the date of the order of inclusion and the court
which issued the same.
PETITION FOR EXCLUSION:

Any petition for Exclusion shall be filed at any

time except one hundred (100) days prior to a
regular election or sixty-five (65) days before a
special election.
Under Comelec Resolution No. 9149 promulgated
on February 11, 2011, Petition for Exclusion shall
be filed at any time but not later than February
01, 2013.
PROCEDURE:

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 voters registration
record from the corresponding book of voters,
enter the order of exclusion therein, and
thereafter place the record in the inactive file.
JURISIDICTION:

The Municipal and Metropolitan Trial Courts

shall have original and exclusive jurisdiction over
all cases of inclusion and exclusion of voters in
their respective cities or municipalities. Decisions
of the Municipal or Metropolitan Trial Courts
may be appealed by the aggrieved party to the
Regional Trial Court within five (5) days from
receipt of notice thereof. Otherwise, said decision
shall become final and executory. The regional
trial court shall decide the appeal within ten (10)
days from the time it is received and the decision
shall immediately become final and executory. No
motion for reconsideration shall be entertained.