Tuesday, February 23, 2010

VOTER REGISTRATION in the ARMM for the August 8 ARMM Elections - Part 6

SEC. 22. Approval or disapproval of applications. - The ERB of the city/municipality shall hear the applications and, by majority vote, approve or disapprove the same in accordance with the schedule provided in Section 2 hereof.  Should one day be insufficient for the proceeding of all accepted applications, the ERB shall meet daily until all applications shall have been processed, but not beyond three (3) days, and subject to the following guidelines:

Number of Applications
Number of day(s) ERB Hearing
Less 1,000
One (1)
1,000 up to 2,000
Two (2)
Above 2,000
Three (3)

If the ERB disapproves the application, the applicant shall be furnished with a certificate of disapproval stating the ground(s) therefor.

After meeting, the ERB shall prepare in Six (6) copies the Minutes of the Proceedings which include, among others, the following:
  1. Number of all applicants submitted to the Board for consideration;
  2. List of applicants whose application for registration/transfer (within and from outside)/deactivation/correction of entries/ change of name/reactivation/inclusion/reinstatement of record, was approved or disapproved by the Board indicating the application number opposite their names.
The EO concerned shall, within five (5) days from the last day of hearing of the ERB, distribute copies of the Minutes to the following:
  1. Two (2) copies to the Office of the Provincial Election Supervisor (OPES), which shall retain one copy and send the other copy to the Registration Division, EBAD;
  2. One (1) copy each to the representatives of the Dominant Majority Party and the Dominant Minority Party;
  3. One (1) copy shall be posted in the Bulletin Board of his Office; and
  4. Retain copy for his file
Failure to comply with the requirements of the two (2) preceding paragraphs shall be ground for disciplinary action and withholding of benefits granted by the Commission.

SEC. 23. Publication of Action on Application. – Immediately within five (5) days from approval or disapproval of applications, the ERB shall post notices in the bulletin boards of the municipal/city hall and in the office of the EO, stating the names and addresses of the applicants, the dates of the applications and the actions taken thereon.  The EO shall serve a copy of the notice either personally or by registered mail or special delivery, to the local heads or representatives of registered political parties in the city/ municipality.

SEC. 24. Petition for Inclusion of Voters in the List. – Any person whose application for registration has been disapproved by the ERB 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 but not later than April 29, 2011. It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the ERB. The petition shall be decided within fifteen (15) days after its filing.

If the decision is for the inclusion of the voters’ name in the permanent list of voters, the ERB 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.

SEC. 25. Petition for Exclusion of Voters from the List. – Any registered voter, representative of a political party or the EO, may file with the court a sworn petition for the exclusion of a voter from the permanent list of voters giving the name, address and the precinct of the challenged voter at any time but not later than May 4, 2011.  The petition shall be accompanied by proof of notice to the ERB 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’s name from the list, the ERB shall upon receipt of the final decision and remove the voter’s registration record from the corresponding book of voters, enter the order of exclusion therein and place the record in the inactive file.

SEC. 26. Disposition of applications for registration, transfer of registration records, reactivation, inclusion/reinstatement or record, change of name, correction of entry/entries and the compact discs (VRS). -

a) On a daily basis, the EO shall:
1.   Gather all accomplished application forms and compact discs (CDs) from the VRM Operator.
2.   Compile all accomplished forms per barangay and by precinct, arrange the application forms alphabetically by surname;
3.   Generate a list of those who applied for registration or transfer of registration for the day, and other applications using the VRS Program. Said list shall be posted in the bulletin board of the city/municipality and in the Office of the Election Officer.
4.   Prepare a report regarding the occurrence of any untoward incident during the day and action taken thereon. For this purpose, each EO shall indicate in his journal any important occurrence and incident during the registration days; and
5.   Store the application forms, CDs, other forms and supplies in a safe and secure place. CDs that are not yet full or not have been finalized shall be used in the succeeding registration day.
b) At the end of the registration period, the EO shall:
1.   Generate Statistical Report on the number of applicants per application type.
2.   Submit to the ERB all applications received including the list of applicants and Statistical Report for action.
3.   Segregate all approved applications as follows:
a.   The first copy shall remain with the Election Officer;
b.   The second copy together with the Minutes of the Proceedings to the OPES; and
c.   The third copy to the National Central File Division.
All disapproved applications shall remain in the custody of the Election Officer.
4.   Finalize CD and back-up file document.mdb or comelec.(myi, myd and frm). The back-up of the document.mdb or comelec.(myi, myd and frm) shall contain only records approved by the ERB.
5.   Execute the CONSOLIDATION function.
6.   Extract records of all approved applications filed during the registration period.
7.   Transmit electronically the extracted records to ITD within five (5) days after the ERB hearing.

SEC. 27. Role of the Regional and Assistant Regional Election Director and Provincial Election Supervisor. – The RED, ARED and PES shall ensure compliance of the EO’s timely submission of all the required reports and shall be held directly responsible for non-compliance within the period herein provided.

SEC. 28. Off-site Verification Teams. - The Election and Barangay Affairs Department and Information Technology Department shall deploy personnel in the Five (5) provinces of ARMM, from April 14 to 16, 2011, who shall be responsible for the checking and gathering of the following reports:
  1. Consolidated Quarterly Progress Report;
  2. Project of Precincts for the August 8, 2011 ARMM Elections;
  3. List of applicants whose applications were approved or disapproved by the ERB, indicating the application number opposite their names;
  4. Report on the number of deleted double/multiple registrants based on AFIS results; and
  5. SNPDAT or soft copy of the voters’ database.
SEC. 29. Applicability of other resolutions of the Commission. – The provisions of Res. No. 2904 (Rules and Regulations Governing the General Registration of Voters and the System of Continuing Registration of Voters) and other Resolutions of the Commission insofar as applicable and when not inconsistent herewith, shall apply in the registration of voters.

SEC. 30. Effectivity. – This Resolution shall take effect seven (7) days after its publication. The Education and Information Department (EID) is hereby directed to cause the widest dissemination of this Resolution and its publication in two (2) newspapers of general circulation in the Philippines and two (2) local newspapers of circulation within the ARMM area.

Let the Office of the Executive Director implement this Resolution.

SO ORDERED.

(Sgd.) SIXTO S. BRILLANTES, JR.
Chairman
(Sgd.) RENE V. SARMIENTO
Commissioner
(Sgd.) LUCENITO N. TAGLE
Commissioner
(Sgd.) ARMANDO C. VELASCO
Commissioner
(Sgd.) ELIAS R. YUSOPH
Commissioner

Monday, February 22, 2010

VOTER REGISTRATION in the ARMM for the August 8 ARMM Elections - Part 3


SEC. 10. Procedure for filing of application for transfer of registration records from another city and municipality to and within the ARMM. - a) Any registered voter who has transferred residence to another city/ municipality in the ARMM, at least six (6) months before the August 8, 2011 ARMM Elections, may apply for transfer of his registration records by personally appearing before the EO of his new residence.

The EO shall verify from the NLRV if the applicant’s name is included in said list. If the applicant’s name is not included in the NLRV, the EO shall verify if the applicant’s name is included in NLDV.

a)  If applicant’s name is included in the National List of Registered Voters or in the National List of Deactivated Voters -

The EO shall give the applicant three (3) copies of the prescribed application form hereto attached as Annex “D” (CEF-1B- Application for Transfer/Application for Transfer with Reactivation). The applicant shall thereafter accomplish said application form separately in three (3) copies subject to Section 7 hereof.

It is important that the EO shall check the box corresponding to the appropriate type of application. In the assignment of precinct number and Application Form Number, the EO shall follow the procedure provided in Section 7 (c) hereof.

Using the VRS, the VRM Operator shall:

1.   Select File -> Registration
2.   Type the Application Number and press Enter button
3.   Select Transfer from other city/municipality from the drop down menu
4.   Encode demographics information and capture the biometrics data of the applicant
5.   Save the record

Attached are the screen shots of the procedure for transfer from other city/municipality hereto designated as Annex “E”.

He shall then affix his initial below the space provided for the EO’s signatures in Part 2 of the application form.

The application for transfer of registration records to another city/municipality shall be subject to the requirements of notice and hearing and action of the ERB.

Once the application is approved, a Notice of Approval shall be sent to the EO of origin by registered mail. Only a Notice of Approval, duly signed by the EO as Chairman of the ERB, reflecting the name, birth date, place of birth, current address, old precinct assignment/barangay/city of the applicant-transferee shall be sent, without need of the copy of the approved application for transfer.

Upon receipt of the said Notice, the EO of origin shall:

(1) delete the name of the voter from the list of voters;
(2) remove the voter’s registration record (VRR) from the corresponding precinct book of voters; and
(3) send the said VRR to the EO of the applicant’s new residence.

The actions taken by the EO of origin shall not require an ERB approval.

b.  If applicant’s name is not included in the NLRV or in the NLDV

The EO shall first require the applicant to show proof of his registration. In this aspect, showing of a Comelec ID or a Certification from the EO of former place of registration will suffice as evidence of previous registration. Upon such showing of proof, the EO shall issue an application for transfer. A facsimile/photocopy of the proof shall be attached to the application.

In the absence of proof that the applicant is a registered voter, the EO shall advise the applicant to file an application for registration. The EO shall thereafter issue the prescribed application form (CEF-1A – Application for Registration) to the applicant, who shall accomplish said form in accordance with Section 7 hereof.  In addition, the EO shall issue to the applicant a Certification (sample form attached as Annex “F”) stating that the applicant intended to apply for transfer but he was instead advised to apply for original registration, for want of proof that he is a registered voter of another city/municipality.

The EO and VRM Operator shall then perform the procedures stated in Section 7, Paragraphs (i) and (j) hereof.

SEC. 11. Procedure for filing of application for transfer of registration records within the same city and municipality due to change of address. – 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.

a) If the record has complete biometrics, i.e. it has photograph, fingerprints and signature, using the VRS, the VRM operator shall:

1.   Select File -> Other Application -> List of Records
2.   Type the last name, or first name and/or maternal name in the space provided and then click SEARCH button
3.   Right-click the record of the applicant in the list and select TRANSFER from the list of application type
4.   Edit the address and precinct number
5.   Save the record

Attached are the screen shots of the procedure for transfer within the same city/municipality (without biometrics capture) hereto designated as Annex “G”.

After the ERB approval, the place of residence and precinct number of the applicant’s records shall be changed to his current address and precinct assignment.

b) If the record has incomplete biometrics, i.e. any of the biometrics is not present, using the VRS, the VRM operator shall:

1.   Select File -> Others-> List of Records
2.   Type the last name, or first name and/or maternal name in the space provided and click SEARCH button
3.   Right-click in the record of the applicant and select TRANSFER WITH BIOMETRICS CAPTURE from the list of application type
4.   Edit the address and precinct number
5.   Capture the biometric information of the applicant
6.   Save the record

Attached are the screen shots of the procedure for transfer within the same city/municipality with biometrics capture hereto designated as Annex “H”.

After the ERB approval, the place of residence and precinct number of the applicant’s records shall be changed to his current address and precinct assignment and his biometrics will be included in his record. 

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VOTER REGISTRATION in the ARMM for the August 8 ARMM Elections - Part 2


SEC. 7. - Procedure for filing of applications for registration:

  1. The applicant shall personally appear before the EO, state his name and exact address, specifying the house number, name of the street, area, district, purok or sitio, and barangay where he resides, or a brief description of his residence, and present any of the following identification documents that bear applicant’s photograph and signature:

    1. Current employee’s identification card (ID), with the signature of the employer or authorized representative;
    2. Postal ID;
    3. Student’s ID or library card, signed by the school authority;
    4. Senior Citizen’s ID;
    5. Driver’s license;
    6. NBI/PNP clearance;
    7. Passport;
    8. SSS/GSIS ID;
    9. Integrated Bar of the Philippine (IBP) ID;
    10. License issued by the Professional Regulatory Commission (PRC) and;
    11. Any other valid ID.

In the absence of any of the abovementioned identification documents, the applicant may be identified under oath by any registered voter of the precinct, or by any of his relatives within the fourth civil degree of consanguinity or affinity. No registered voter or relative shall be allowed to identify applicants more than three (3) times.

Community Tax Certificates (cedula) or certifications/ identification cards issued by barangay officials shall not be honored as valid identification documents.

If the applicant fails to establish his identity by any of the aforementioned methods/documents, he shall not be issued an application form, nor shall his pre-accomplished application form be accepted.

  1. Upon establishing the identity of the applicant, the EO shall initially screen the name of the prospective applicant for registration from the National List of Registered Voters (NLRV) and National List of Deactivated Voters (NLDV). If found in any of the said lists, he shall not issue an application for registration but shall advise the applicant to apply for:

    1. Transfer of registration record, if the name is found in the NLRV (another district/city/municipality); or
    2. Reactivation/transfer with reactivation of registration record, if the name is found in the NLDV.

For this purpose, the ITD shall provide all EOs with the updated soft copy of the NLRV and the NLDV.

  1. If the name does not appear in either the NLRV or NLDV, the EO shall, using a barangay precinct map, verify whether or not the address given by the applicant is located within the territorial boundary of any of the precincts within the jurisdiction of the city/municipality.

If the applicant is not a resident, the EO shall advise the applicant to proceed to the OEO of the city/municipality where he resides.
If the applicant resides within the territorial jurisdiction of the city/municipality, the EO shall:

    1. Inform the applicant of the qualifications and disqualifications for registration;
    2. Determine the precinct where the applicant belongs by referring to the barangay precinct map. The applicant shall be assigned temporarily to the mother precinct comprising his residence.
    3. Indicate the temporary precinct assignment of the applicant at the upper right-hand portion of the application form.
The precinct assignment shall be finalized after the approval of the application. Daughter precinct(s) shall be created to accommodate approved applicants in excess of the 200-voter per precinct limit.
In case of boundary dispute, the EO shall maintain the status quo.
    1. Issue the prescribed application form to the applicant in three (3) copies.

  1. Upon receipt of the application forms, the applicant shall personally accomplish the same separately in his own handwriting and submit the accomplished application forms to the EO. TITLES SUCH AS DATU, SULTAN, HADJI, BAI AND OTHER TITLES SHALL NOT BE ALLOWED.

  1. For an illegitimate person whose certificate of live birth does not include a middle name, the character “__” (underscore) shall be used for the middle name during the encoding of the data of the applicant.

  1. In case the applicant does not know his birth date with certainty, and the EO can reasonably ascertain that the applicant is of voting age through his physical features, and other relevant indicators such as year in college and number of children, the EO shall ask the applicant to supply a date of birth to the best of his knowledge.  The EO shall then write the words “Section 7 (f) case” on top of the date of birth or anywhere on the form.  In addition, the EO shall record in his Journal the list of names of applicants who supplied their date of birth, in accordance with this provision.

If, however, the EO cannot ascertain the applicant’s age and the applicant does not supply his birth date, the application form shall be deemed incomplete and shall not be accepted.

  1. If the applicant has a duly accomplished application form, it shall be signed and thumbmarked in the presence of the EO.  In the event that the applicant has already affixed his signature and imprinted his thumbmark in the accomplished application form, the applicant shall confirm before the EO that the same are his signature and thumbmark.

  1. Once the application form has been accomplished, the applicant shall return the same to the EO.

  1. The EO shall ensure that the application form has been filled up correctly, completely and legibly, write down the Application Form Number, return the forms to the applicant; and direct him to the VRM Operator.

The Application Form Number shall consist of four parts, as follows:

First Part
-
Two (2) digit province code
Second Part
-
Two (2) digit district/city/municipal code
Third Part
-
Two (2) digit VRM Number which is 30 (default)
Fourth Part
-
Seven (7) digit control code which shall start with the number following the last application form number assigned on August 13, 2010 registration.

  1. The VRM Operator, using the Voter Registration System (VRS) shall:

    1. Select File -> Registration
    2. Type the Application Number and press Enter button
    3. Select Registration from the drop down menu
    4. Encode demographics information and capture the biometrics data of the applicant
    5. Save the record

Attached are the screen shots of the registration procedure hereto designated as Annex “B”.
Thereafter the VRM Operator shall affix his initial below the space provided for the Election Officer’s name and direct the applicant to submit his application to the EO.

  1. Upon receipt of the application, the EO shall:

    1. administer the oath;
If applicant refuses to take the oath the application shall not be accepted and deemed not filed.

    1. affix his signature in the appropriate space of the form;
    2. retain the three (3) copies; and
    3. cut the bottom portion of one copy of the application form and give it to the applicant to serve as Acknowledgment Receipt and proof of filing of his application.

SEC. 8. Accomplishment of application forms of illiterate or person with disability. – As used in this Section, person with disability shall refer to a person who cannot by himself accomplish an application for registration.

Any illiterate or person with disability shall be assisted by the EO in the preparation of his application form, or by any member of an accredited Citizen’s arm, or a relative within the fourth civil degree of consanguinity or affinity, or if he has none present, by any person of his confidence who belongs to the same household.

In no case shall an assistor assist more than three (3) times except the EO. All assistors must be of voting age.

The EO shall place the illiterate or person with disability under oath, after which the assistor shall ask the illiterate or person with disability relevant questions and record the answers given in order to accomplish properly the application form.

Once the application form is accomplished, it shall be given to the EO who shall read the accomplished form aloud to the illiterate or person with disability and ask him if the information given are true and correct.

The applicant shall, in the presence of the EO affix his thumbmark or some other customary mark on the duly accomplished form.

The Assistor shall then accomplish in three (3) copies the Certification/Attestation, designated hereto as Annex “C”, which shall be attached to the accomplished application form.

SEC. 9. Express Lane for Elderly, Disabled and Pregnant Applicants. - The Office of the EO shall provide during the registration period express lane and give priority/preferential treatment to persons with disabilities, elderly and pregnant applicants.

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VOTER REGISTRATION in the ARMM for the August 8 ARMM Elections - Part 5

Sec. 16. Procedure for filing of applications for inclusion of registration record not included in the precinct book of voters. – Any registered voter whose registration record has not been included in the precinct book of voters may file with the ERB an application for inclusion of his record.  For the purpose, he shall personally accomplish in three (3) copies the application form hereto attached as Annex “L” (CEF-1D – Application for Change/Correction of Entries/ and Inclusion/Reinstatement of Record in the List of Voters).  It is important that the EO shall check the box corresponding to the appropriate type of application.

The EO shall verify whether the applicant has record with biometric in the VRM.  

If the verification result is in the affirmative, the EO shall use the old application form number.  However, if he has none, the EO shall issue a new application form number and direct the applicant to the VRM operator for demographics and biometrics data capture.  The VRM operator shall perform the procedure for capturing demographics and biometrics as stated in Section 7 (j) hereof.  Thereafter, he shall affix his initial below the space provided for the EO’s signature in Part 2 of the application form.

If it is denied or not acted upon, the voter may file on any date within the prescribed period herein provided with the proper Municipal or Metropolitan Trial Court a petition for an order directing that the voter’s registration record be included in the precinct book of voters.  The voter shall attach to the petition a certified true copy of his registration record or identification card or the entry of his name in the list of voters used in the preceding election, together with proof that his application was denied or not acted upon by the ERB and that he has served notice thereof to the ERB.

SEC. 17. Cancellation of registration records. – The ERB shall cancel the registration records of those who have died as certified by the Local Civil Registrar (LCR) on the dates scheduled for ERB hearing and remove their names from the list of voters.

The EO shall post in the bulletin board of his office the names of those whose registration records have been cancelled due to death, furnishing copies thereof to the local heads of registered political parties, the surviving spouse, if married and father or mother, if single or if he has none, the nearest kin.

The Local Civil Registrar shall submit each month to the EO concerned a certified list of persons who died during the previous month.  In case the deceased is not a resident of the place where he died, the Local Civil Registrar shall notify the EO of the city/municipality of the deceased’s residence as appearing in his death certificate.

In addition, the sworn declaration of the Imam or next of kin, who have personal knowledge of the death and identity of the deceased, shall be considered and admitted as basis for cancellation of names of deceased registered voters.

The EO shall furnish copies of this list to the National Central File Division and Office of the Provincial Election Supervisor.

SEC. 18. Deactivation of Registration. – The deactivation of voters registration records shall be made based on the following grounds, to wit:
1)   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;
2)   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;
3)   Those declared by competent authority to be insane or incompetent;
4)   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;
5)   Those ordered excluded from the list of voters by the court; and
6)   Those who have lost their Filipino citizenship.
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 the voter’s registration record has been deactivated, 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.

SEC. 19. Challenge of right to register. - Any person applying for registration may be challenged in writing and under oath before the ERB by any voter or representative of a registered political party in accordance with the schedule provided in Section 2 hereof.  The challenge shall be attached to the application form together with the proof of notice of hearing to the applicant.

SEC. 20. Authority of EO to administer oath and issue summons. – The Election Officer is authorized to administer oath, issue subpoena duces tecum and swear in witnesses for purposes of registration.  No fee shall be charged for the administration of the oath.  But fees and expenses incidental to the issuance of summons shall be paid in advance by the party in whose behalf the same was issued.

SEC. 21. Notice of hearing of applications. - Upon receipt of the applications, the EO shall immediately set them for hearing, the notice of which shall be posted in the municipal/city bulletin board and in his office in accordance with the schedule provided in Section 2 hereof, furnishing copies thereof to the heads or representatives of registered political parties and other accredited groups or organization in the city/municipality.  Names and addresses of the applicants shall be attached to the notice.

Each applicant will be notified of the date of the ERB hearing of his/her application by indicating the same on the Acknowledgement Receipt, with information that he/she need not appear unless required by the Board to do so.  

On the date of the hearing, the EO shall receive such evidence for or against the applicant. 

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