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.

2. 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.

3. 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.

4. Issue the prescribed application form to the applicant in three (3) copies.

4. 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.

5. 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.

6. 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.

7. 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.

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

9. 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.

10. 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.

11. 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.

2. affix his signature in the appropriate space of the form;
3. retain the three (3) copies; and
4. 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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VOTER REGISTRATION in the ARMM for the August 8 ARMM Elections - Part 4

SEC. 12. Procedure for filing of applications for reactivation. – Any registered voter whose registration has been deactivated based on any of the grounds provided under Section 27 of Republic Act No. 8189 and those deactivated in the last continuing registration of voters may apply for reactivation of his registration records by personally accomplishing in three (3) copies, both sides of the prescribed application form hereto attached as Annex “I” (CEF-1C – Application for Reactivation).

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 and/or first name and/or maternal name in the space provided and click SEARCH button

3.   Right-click the record of the applicant and select REACTIVATION from the list of application type

4.   Save the record

Attached are the screen shots of the procedure for reactivation (without biometrics capture) hereto designated as Annex “J”.

After the ERB approval, the applicant’s record shall be reactivated in the city/municipality local database.

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 -> Other Application-> List of Records

2.   Type the last name and/or first name and/or maternal name in the space provided and click SEARCH button

3.   Right-click the record of the applicant and click REACTIVATION WITH BIOMETRICS CAPTURE from the list of application type

4.   Capture the biometric information of the applicant

5.   Save the record

Attached are the screen shots of the procedure for reactivation with biometrics capture hereto designated as Annex “K”.

After the ERB approval, the old record of the applicant shall contain biometrics data and shall be reactivated.

After completion thereof, the EO shall 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 his application.

SEC. 13. 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. - Any registered voter whose name has been changed by reason of marriage or court order or by order of the Civil Registrar or Consul General may file an application for change of name by personally accomplishing three (3) copies of the application form hereto attached as Annex “L” (CEF-1D – Application for Change).  It is important that the EO shall check the box corresponding to the appropriate type of application.

In support of the application, the applicant shall submit a certification by the marriage solemnizing officer (for Muslims) or a certified true copy of the marriage contract or court order, or order by the Civil Registrar or Consul General, as the case may be.

This may also be availed of in cases where the marriage of a female registered voter has been annulled or declared a nullity by competent court, in which case the affected voter who previously registered using her husband’s surname, may request to change her name, i.e. to revert to use of her maiden surname and change of signature.  To support her request, the applicant shall attach a certified true copy of the Court’s final ORDER/DECISION, annulling the marriage or declaring the marriage a nullity.

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.  Using the VRS, the VRM Operator shall:

1. Select File -> Other Application -> List of Records
2. Type the last name and/or first name and/or maternal name in the space provided and then click SEARCH button
3. Right-click the record of the applicant and select CORRECTION OF ENTRIES from the list of application type
4. Edit the entries for correction
5. Save the record

Attached are the screen shots of the procedure for correction of entries (without biometrics capture ) hereto designated as Annex “M”.

After the ERB approval, the change of name requested shall be effected.

SEC. 14. Procedure for filing of applications for correction of entry/entries in the registration records. – A registered voter whose registration record in the precinct book of voters or certified list of voters contains erroneous entries, including wrong or misspelled name, birth date, birth place or typographical errors, may request for its correction. In support thereof, he shall attach thereto the court order (birth date) or an order of the Civil Registrar (name), or any evidence that may warrant its correction.

The registered voter shall file an application for correction of entry/entries in the registration record by personally accomplishing three (3) copies of the application form hereto attached Annex “L” (CEF-1D – Application for Correction of Entries).  After completion thereof, the EO shall retain the same, 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 his application.  It is important that the EO shall check the box corresponding to the appropriate type of application.

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. Using the VRS, the VRM Operator shall:

1. Select File -> Other Application -> List of Records
2. Type the last name and/or first name and/or maternal name in the space provided and click SEARCH button
3. Right-click the record of the applicant in the list then select CORRECTION OF ENTRIES WITH BIOMETRIC CAPTURE
4. Edit the entries for correction
5. Save the record

Attached are the screen shots of the procedure for correction of entries with biometrics capture hereto designated as Annex “N”.

After the ERB approval, the correction of entry/entries shall be indicated in his record.

Sec. 15. Procedure for filing of applications for reinstatement of registered voter whose name has been omitted in the list of voters. – Any registered voter whose name has not been included or has been omitted in the precinct certified list of voters may file with the ERB through the Office of the Election Officer, an application for reinstatement.  For this 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(i) 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, he may file on any date within the prescribed period herein provided with the proper Municipal Circuit, Municipal or Metropolitan Trial Court a petition for an order directing that his name be entered in the list.  He shall attach to the petition a certified copy of his registration record or identification card or the entry of his name in the certified 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 to the ERB.

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Rules of Procedure - Rule 6. Commencement of Action or Proceedings

Part III

INITIATION OF ACTIONS OR PROCEEDINGS BEFORE THE COMMISSION

Rule 6

Commencement of Action or Proceedings

Sec. 1. Commencement of Action or Proceedings by Parties. - Any natural or juridical person authorized by these rules to initiate any action or proceeding shall file with the Commission a protest or petition alleging therein his personal circumstances as well as those of the protestee or respondent, the jurisdictional facts, and a concise statement of the ultimate facts constituting his cause or causes of action and specifying the relief sought.  He may add a general prayer for such further or other relief as may be deemed just or equitable.

Sec. Commencement of Action by the Commission. - In cases where the Commission is authorized to initiate motu proprio an action or proceeding, the Commission shall issue an order for hearing reciting therein the purpose for which the hearing is being called for and a concise statement of facts giving rise thereto.  Copies of such order shall be served upon persons or registered political parties, organizations or coalition of political parties known to have an interest in the matter or who may be affected thereby, and published in a newspaper of general circulation in the Philippines at least ten (10) days before the scheduled date of hearing.

Part III	RULES OF PROCEDURE	Part III
Rule 5	Table of Contents	Rule 7

COMELEC Rules of Procedure - Rule 5

Part III

INITIATION OF ACTIONS OR PROCEEDINGS BEFORE THE COMMISSION

Rule 5

Parties to Actions or Proceedings

Section 1. Applicability. - The Rules under Part III shall apply to all actions and proceedings hereinafter provided for.

Sec. 2. Who May Be Parties. - Only natural or juridical persons or entitites duly authorized by law, such as a voter, a candidate, or registered political parties, organization or coalition of political parties, including parties or organizations under the party-list system, and any such person permitted by these Rules to bring an action or proceeding may be parties in any action or proceeding before the Commission.

Sec. 3. Parties in Interest. - All actions filed with the Commissioner must be prosecuted and defended in the name of the real party in interest.

Sec. 4. Designation of Parties. - A person qualified to be a party under Sec. 2 of this Rule seeking relief shall be referred to as Petitioner or Protestant.  Any person who claims interest adverse to the petitioner or protestant or against whom a claim or interest is directed by the petitioner or protestant, shall be referred to as the Respondent or Protestee.

Sec. 5. Class Suit. - When the subject matter of the controversy is one of common or general interest to many persons, and the parties are so numerous that it is impracticable to bring them all before the Commission, one or more may sue or defend for the benefit of all.  But in such case, the Commission shall make sure that the parties actually before it are sufficiently numrous and representative so that all interests concerned are fully protected.  Any party in interest shall have a right to intervene to protect his individual interest.

Sec. 6. Compulsory Joinder of Indispensable Parties. - Parties in interest without whom no final determination of an action can be had shall be joined either as petitioner or protestant or respondent or protestee.

Part III	RULES OF PROCEDURE	Part III
Rule 4	Table of Contents	Rule 6