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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