OMNIBUS
ELECTION CODE
Article XII
REGISTRATION OF
VOTERS
(Please see RA 8189 for registration updates
concerning the Continuing Registration System.)
Sec. 113. Permanent
List of Voters. - Any provision of Presidential Decree No. 1896 to the
contrary notwithstanding, the list of voters prepared and used in the election
of Members of the Batasang Pambansa on May 14, 1984, with such additions,
cancellations and corrections as may hereafter be made in accordance with the
provisions of this Code, shall constitute the permanent list of voters in each
city or municipality, as the case may be, until 1996.
For purposes of the next following election, the Commission, through the
election registrars, shall assign the proper precincts and polling places to
the registered voters in said list. Written notice of any such change shall be
made to the affected voters within two weeks therefrom.
Sec. 114. Renewal
of the Permanent List. - The list of voters prepared in accordance with the
preceding section shall be renewed in nineteen hundred and ninety-six and every
twelve years thereafter.
Sec. 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. 116. Who may
be registered in the list. - All persons having complied
with the requisites herein prescribed for the registration of voters shall be
registered in the list, provided they possess all the qualifications and none
of the disqualifications of a voter. Those who failed to register in the
election of 1984, for any reason whatsoever, may register in accordance with
the provisions of this Code. Any person who may not have on the date of
registration the age or period of residence required may also be registered
upon proof that on the date of the election, plebiscite or referendum he shall
have such qualifications.
Sec. 117. Qualifications
of a voter. - Every citizen of the Philippines,
not otherwise disqualified by law, eighteen years of age or over, who shall
have resided in the Philippines
for one year and in the city or municipality wherein he proposes to vote for at
least six months immediately preceding the election, may be registered as a
voter.
Any
person who transfers residence to another city, municipality or country solely
by reason of his occupation; profession; employment in private or public
service; educational activities; work in military or naval reservations;
service in the army, navy or air force; the constabulary or national police
force; or confinement or detention in government institutions in accordance
with law, shall be deemed not to have lost his original residence.
Sec. 118. Disqualifications. - The
following shall be disqualified from voting:
1. Any person
who has been sentenced by final judgment to suffer imprisonment for not less
than one year, such disability not having been removed by plenary pardon or
granted amnesty: Provided, however, That any person disqualified to vote under
this paragraph shall automatically reacquire the right to vote upon expiration
of five years after service of sentence.
2. Any person
who has been adjudged by final judgment by competent court or tribunal of
having committed any crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the anti-subversion and
firearms laws, or any crime against national security, unless restored to his
full civil and political rights in accordance with law: Provided, That he shall
regain his right to vote automatically upon expiration of five years after
service of sentence.
3. Insane or
incompetent persons as declared by competent authority.
Sec. 119. Preparation
of the permanent list of voters. - For the preparation of the
permanent list of voters in nineteen hundred and ninety-six and every twelve
years thereafter, the board of election inspectors referred to in Article
XIV hereof of each election precinct shall hold four meetings on the
seventh Saturday, seventh Sunday, sixth Saturday and sixth Sunday preceding the
date of the regular election to be held. At these meetings the board shall
prepare eight copies of the list of voters of the precinct wherein it shall
register the electors applying for registration.
Sec. 120. Preparation
of the list before other regular elections. - For the preparation of
the list before other regular elections, the board of election inspectors of
each election precinct shall meet in the polling place on the seventh and sixth
Saturdays before the day of the election. At these meetings, the board shall
prepare and certify eight copies of the list of voters of the corresponding
precinct transferring thereto the names of the voters appearing in the list
used in the preceding election and including therein such new qualified voters
as may apply for registration, as provided in Section 126 hereof.
Sec. 121. Preparation
of the list before any special election, plebiscite or referendum. - For
the preparation of the list of voters before a special election, plebiscite or
referendum, the board of elections inspectors of each election precinct shall
hold a meeting in the polling place on the second Saturday following the day of
the proclamation calling such election. At this meeting the board shall
transfer the names of the voters appearing in the list used in the preceding
election and enter those of the newly registered voters.
Sec. 122. Transfer
of names of voters from the permanent list to the current one. - The
transfer of the names of the voters of the precinct already registered in the
list used in the preceding election to the list to be made as provided for in
the two preceding sections is a ministerial duty of the board, and any omission
or error in copying shall be corrected motu proprio, or upon
petition of the interested party, without delay and in no case beyond three
days from the time such error is noticed; and if the board should refuse, the
interested party may apply for such correction to the proper municipal or
metropolitan trial court which shall decide the case without delay and in no
case beyond three days from the date the petition is filed. The decision of the
proper municipal or metropolitan trial court shall be final and unappealable in
whatever form or manner.
To facilitate the transfer of names of voters, the election registrar shall
deliver the book of voters to the board of election inspectors on the day
before the registration of voters, to be returned after the last day of
registration.
Sec. 123. Cancellation
and exclusion in the transfer of names. - In transferring the
names of the voters of the precinct from the list used in the preceding
election to the current list, the board shall exclude those who have applied
for the cancellation of their registration, those who have died, those who did
not vote in the immediately preceding two successive regular elections, those
who have been excluded by court orders issued in accordance with the provisions
of this Code, and those who have been disqualified, upon motion of any member
of the board or of any elector or watcher, upon satisfactory proof to the board
and upon summons to the voter in cases of disqualification. The motion shall be
decided by the board without delay and in no case beyond three days from its
filing. Should the board deny the motion, or fail to act thereon within the
period herein fixed, the interested party may apply for such exclusion to the
municipal or metropolitan trial court which shall decide the petition without
delay and in no case beyond three days from the date the petition is filed. The
decision of the court shall be final. The poll clerk shall keep a record of
these exclusions and shall furnish three copies thereof to the election
registrar who shall, in turn keep one copy and send the two other copies
thereof to the provincial election supervisor and the Commission, to be
attached by them to the permanent list under their custody.
Sec. 124. Meeting
to close the list of voters. - The board of election
inspectors shall also meet on the second Saturday immediately preceding the day
of the regular election, or on the second day immediately preceding the day of
the special election, plebiscite or referendum whether it be Sunday or a legal
holiday, for the purpose of making such inclusions, exclusions, and corrections
as may be or may have been ordered by the courts, stating opposite every name
so corrected, added, or cancelled, the date of the order and the court which
issued the same; and for the consecutive numbering of the voters of the
election precinct.
Should
the board fail to include in the list of voters any person ordered by competent
court to be so included, said person shall, upon presentation of a certified
copy of the order of inclusion and upon proper identification, be allowed by
the board to vote.
Should
the board fail to exclude from the list of voters any person ordered by the
court to be so excluded, the board shall not permit said person to vote upon
presentation to it by any interested party of a certified copy of the order of
exclusion.
Sec. 125. Re-registration. - A
voter who is registered in the permanent list of voters need not register anew
for subsequent elections unless he transfer residence to another city or
municipality, or his registration has been cancelled on the ground of disqualification
and such disqualification has been lifted or removed. Likewise a voter whose
registration has been cancelled due to failure to vote in the preceding regular
election may register anew in the city or municipality where he is qualified to
vote.
Sec. 126. Registration
of voters. - On the seventh and sixth Saturdays before a regular
election or on the second Saturday following the day of the proclamation
calling for a new special election, plebiscite or referendum, any person
desiring to be registered as a voter shall accomplish in triplicate before the
board of election inspectors a voter's affidavit in which shall be stated the
following data:
1. Name,
surname, middle name, maternal surname;
2. Date and
place of birth;
3. Citizenship;
4. Periods of
residence in the Philippines
and in the place of registration;
5. Exact
address with the name of the street and house number or in case there is none,
a brief description of the locality and the place;
6. A statement
that the applicant has not been previously registered, otherwise he shall be
required to attach a sworn application for cancellation of his previous
registration; and
7. Such other
information or data which may be required by the Commission.
The
voter's affidavit shall also contain three specimens of the applicant's
signature and clear and legible prints of his left and right hand thumbmarks
and shall be sworn to and filed together with four copies of the latest
identification photograph to be supplied by the applicant.
The
oath of the applicant shall include a statement that he does not have any of
the disqualifications of a voter and that he has not been previously registered
in the precinct or in any other precinct.
Before
the applicant accomplishes his voter's affidavit, the board of election
inspectors shall appraise the applicant of the qualifications and
disqualifications prescribed by law for a voter. It shall also see to it that
the accomplished voter's affidavit contain all the data therein required and
that the applicant's specimen signatures, the prints of his left and right hand
thumbmarks and his photograph are properly affixed in each of the voter's
affidavit.
Sec. 127. Illiterate
or disabled applicants. - The voter's affidavit of an illiterate or
physically disabled person may be prepared by any relative within the fourth
civil degree of consanguinity of affinity or by any member of the board of
election inspectors who shall prepare the affidavit in accordance with the data
supplied by the applicant.
Sec. 128. Voter's
identification. - The identification card issued to the voter shall
serve and be considered as a document for the identification of each registered
voter: Provided, however, That if the voter's identity is challenged on
election day and he cannot present his voter identification card, his identity
may be established by the specimen signatures, the photograph or the
fingerprints in his voter's affidavit in the book of voters. No extra or
duplicate copy of the voter identification card shall be prepared and issued
except upon authority of the Commission.
Each
identification card shall bear the name and the address of the voter, his date
of birth, sex, civil status, occupation, his photograph, thumbmark, the city or
municipality and number of the polling place where he is registered, his
signature, his voter serial number and the signature of the chairman of the
board of election inspectors.
Any
voter previously registered under the provisions of Presidential Decree
Numbered 1896 who desires to secure a voter identification card shall, on any
registration day, provide four copies of his latest identification photograph
to the board of election inspectors which upon receipt thereof shall affix one
copy thereof to the voter's affidavit in the book of voters, one copy to the
voter identification card to be issued to the voter and transmit through the
election registrar, one copy each to the provincial election supervisor and the
Commission to be respectively attached to the voter's affidavit in their
respective custody.
Sec. 129. Action by
the board of election inspectors. - Upon receipt of the voter's
affidavit, the board of election inspectors shall examine the data therein. If
it finds that the applicant possesses all the qualifications and none of the
disqualifications of a voter, he shall be registered. Otherwise, he shall not
be registered.
The
name and address of each registered voter shall, immediately upon his
registration, be entered in the proper alphabetical group in the list after
which the voter identification card shall be issued to the voter.
Sec. 130. Provincial
central file of registered voters. - There shall be a provincial
central file of registered voters containing the duplicate copies of all
approved voter's affidavits in each city and municipality in the province which
shall be under the custody and supervision of the provincial election
supervisor. The applications shall be compiled alphabetically by precincts so
as to make the file an exact replica of the book of voters in the possession of
the election registrar.
Should
the book of voters in the custody of the election registrar be lost or
destroyed at a time so close to the election day that there is no time to
reconstitute the same, the corresponding book of voters in the provincial file
shall be used during the voting.
Sec. 131. National
central file of registered voters. - There shall also be a national
central file of registered voters consisting of the triplicate copies of all
approved voters' affidavits in all cities and municipalities which shall be prepared
and kept in the central office of the Commission. The applications in the
national central file shall be compiled alphabetically according to the
surnames of the registered voters regardless of the place of registration.
Sec. 132. Preservation
of voter's affidavits. - A copy of the affidavit of each voter shall be kept
by the board of election inspectors until after the election when it shall
deliver the same to the election registrar together with the copies of the list
of voters and other election papers for use in the next election. The election
registrar shall compile the voter's affidavits by precinct alphabetically in a
book of voters. The other two copies shall be sent by the board of election
inspectors on the day following the date of the affidavit to the office of the
provincial election supervisor and the Commission in Manila. The provincial election supervisor
and the Commission shall respectively file and preserve the voter's affidavits
by city and municipality and in alphabetical order of their surnames. The
fourth copy shall be given to the voter as evidence of his registration.
Sec. 133. Columns
in the list of voters. - The list of voters shall be arranged in columns as
follows: In the first column there shall be entered, at the time of closing of
the list before the election, a number opposite the name of each voter
registered, beginning with number one and continuing in consecutive order until
the end of the list. In the second column, the surnames of the registered
voters shall be written in alphabetical order followed by their respective
first names, without abbreviations of any kind. In the third column, the
respective residences of such persons with the name of the street and number,
or, in case there be none, a brief description of the locality or place. In the
fourth column, shall be entered the periods of residence in the Philippines and
in the city or municipality. In the fifth column, there shall be entered on the
day of the election the numbers of the ballots which were given successively to
each voter. In the sixth column, the voter shall stamp on the day of the
election the mark of the thumb of his right hand and under said mark his
signature. And in the seventh column, the signature of the chairman of the
board of election inspectors who has handed the ballot to the voter. It will be
sufficient that the fifth, sixth, and seventh columns shall be filled in the
copy of the list under the custody of the board of election inspectors which
shall see to it that the thumbmark is stamped plainly.
Sec. 134. Certificate
of the board of election inspectors in the list of voters. -
Upon the adjournment of each meeting for the registration of voters, the board
of election inspectors shall close each alphabetical group of surnames of
voters by writing the dates on the next line in blank, which shall be forthwith
signed by each member, and, before adding a new name on the same page at the
next meeting, it shall write the following: "Added at the _ _ _
meeting" specifying if it is the second third or fourth meeting of the
board, as the case may be. If the meeting adjourned is the last one for the
registration of voters, the board shall, besides closing each alphabetical
group of voters as above provided, add at the end of the list a certificate (a)
of the corrections and cancellations made in the permanent list, specifying
them, or that there has been none, and (b) of the total number of voters
registered in the precinct.
Sec. 135. Publication
of the list. - At the first hour of the working day following the
last day of registration of voters, the poll clerk shall deliver to the
election registrar a copy of the list certified to by the board of election
inspectors as provided in the preceding section; another copy, also certified,
shall be sent to the provincial election supervisor of the province, and
another, likewise certified, shall be sent to the Commission, in whose offices
said copies shall be open to public inspection during regular office hours. On
the same day and hour, the poll clerk shall also post a copy of the list in the
polling place in a secure place on the door or near the same at a height of a
meter and a half, where it may be conveniently consulted by the interested
parties. The chairman, poll clerk and the two members of the board of election
inspectors shall each keep a copy of the list which may be inspected by the
public in their residence or office during regular office hours. Immediately
after the meeting for the closing of the list, the poll clerk shall also send a
notice to the election registrar, provincial election supervisor and the
Commission regarding the changes and the numbering above referred to, to be
attached to the copy of the list under their custody.
Sec. 136. Challenge
of right to register. - Any person applying for registration may be
challenged before the board of election inspectors on any registration day be
any member, voter, candidate, or watcher. The board shall then examine the
challenged person and shall receive such other evidence as it may deem pertinent,
after which it shall decide whether the elector shall be included in or
excluded from the list as may be proper. All challenges shall be heard and
decided without delay, and in no case beyond three days from the date the
challenge was made.
After
the question has been decided, the board of election inspectors shall give to
each party a brief certified statement setting forth the challenge and the
decision thereon.
Sec. 137. Power
of the board of election inspectors to administer oaths and issue summons. - For
the purpose of determining the right of applicants to be registered as voters
in the list, the board of election inspectors shall have the same power to
administer oaths, to issue subpoena and subpoena duces tecum and to compel
witnesses to appear and testify, but the latter's fees and expenses incident to
the process shall be paid in advance by the party in whose behalf the summons
is issued.
Sec. 138. Jurisdiction
in inclusion and exclusion cases. - The municipal and metropolitan
trial courts shall have original and exclusive jurisdiction over all matters of
inclusion and exclusion of voters from the list in their respective
municipalities or cities. Decisions of the municipal or metropolitan trial
courts may be appealed directly by the aggrieved party to the proper regional
trial court within five days from receipt of notice thereof, otherwise said
decision of the municipal or metropolitan trial court shall become final and
executory after said period. The regional trial court shall decide the appeal
within ten days from the time the appeal was received and its decision shall be
immediately final and executory. No motion for reconsideration shall be
entertained by the courts.
Sec. 139. Petition
for inclusion of voters in the list. - Any person whose application
for registration has been disapproved by the board of election inspectors or
whose name has been stricken out from the list may apply, within twenty days
after the last registration day, to the proper municipal or metropolitan trial
court, for an order directing the board of election inspectors to include or
reinstate his name in the list, together with the certificate of the board of
election inspectors regarding his case and proof of service of notice of his
petition upon a member of the board of election inspectors with indication of
the time, place, and court before which the petition is to be heard.
Sec. 140. Voters
excluded through inadvertence or registered with an erroneous or misspelled
name. - Any voter registered in the permanent list who has not
been included in the list prepared for the election or who has been included
therein with a wrong or misspelled name shall have the right to file an
application on any date with the proper municipal or metropolitan trial court,
for an order directing that his name be reinstated in the list or that he be
registered with his correct name. He shall attach to such application a
certified copy of the entry of his name in the list of the preceding election,
together with proof that he has applied without success to the board of
election inspectors and that he has served notice thereof upon a member of the
board.
Sec. 141. Change of
name of registered voter. - Any previously registered
voter whose name has been changed by reason of marriage or by virtue of a court
order may request the board of election inspectors during any of its meetings
held under this Article that his registration in the list be recorded under his
or her new name.
Sec. 142. Petition
for exclusion of voters from the list. - Any registered voter in a city
or municipality may apply at any time except during the period beginning with
the twenty-first day after the last registration day of any election up to and
including election day with the proper municipal or metropolitan trial court,
for the exclusion of a voter from the list, giving the name and residence of
the latter, the precinct in which he is registered, and the grounds for the
challenge. The petition shall be sworn to and accompanied by proof of notice to
the board of election inspectors concerned, if the same is duly constituted,
and to the challenged voters.
Sec. 143. Common
rules governing judicial proceedings in the matter of inclusion, exclusion, and
correction of names of voters. -
1.
Outside of regular office hours no petition for inclusion,
exclusion, or correction of names of voters shall be received.
2.
Notices to the members of the board of election inspectors
and to challenged voters shall state the place, day and hour in which such
petition shall be heard, and such notice may be made by sending a copy thereof
by registered mail or by personal delivery or by leaving it in the possession
of a person of sufficient discretion in the residence of the said person or, in
the event that the foregoing procedure is not practicable, by posting a copy in
a conspicuous place in the city hall or municipal building and in two other
conspicuous places within the city or municipality, at least ten days prior to
the day set for the hearing.
In the
interest of justice and to afford the challenged voter every opportunity to
contest the petition for exclusion, the court concerned may, when the
challenged voter fails to appear in the first day set for the hearing, order
that notice be effected in such manner and within such period of time as it may
decide, which time shall in no case be more than ten days from the day the
respondent is first found in default.
3.
Each petition shall refer to only one precinct.
4.
No costs shall be assessed in these proceedings. However,
if the court should be satisfied that the application has been filed for the
sole purpose of molesting the adverse party and causing him to incur expenses,
it may condemn the culpable party to pay the costs and incidental expenses.
5.
Any candidate who may be affected by the proceedings may
intervene and present his evidence.
6.
The decision shall be based on the evidence presented. 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 registered voter is fictitious. In no case shall a decision be rendered
upon a stipulation of facts.
7.
These applications shall be heard and decided without
delay. The decision shall be rendered within six hours after the hearing and
within ten days from the date of its filing in court. Cases appealed to the
regional trial court shall be decided within ten days from receipt of the
appeal in the office of the clerk of court. In any case, the court shall decide
these petitions not later than the day before the election and the decision
rendered thereon shall be immediately final and executory, notwithstanding the
provisions of Section 138 on the finality of decisions.
Sec. 144. Canvass
to check registration. - The election registrar shall, once every two years
or more often should the Commission deem it necessary in order to preserve the
integrity of the permanent lists of voters, conduct verification by mail or
house-to-house canvass, or both, of the registered voters of any barangay for
purposes of exclusion proceedings.
Sec. 145. Annulment
of permanent lists of voters. - Any book of voters not
prepared in accordance with the provisions of this Code or the preparation of
which has been effected with fraud, bribery, forgery, impersonation,
intimidation, force, or any other similar irregularity or which list is
statistically improbable may, upon verified petition of any voter or election
registrar, or duly registered political party, and after notice and hearing, be
annulled by the Commission: Provided, That no order, ruling or decision
annulling a book of voters shall be executed within sixty days before an
election.
Sec. 146. Reconstitution
of lost or destroyed registration records. - The Commission shall
reconstitute all registration records which have been lost or destroyed. For
this purpose, it shall be the duty of the election registrar to immediately
report to the Commission any case of loss or destruction of approved
applications for registration in their custody. Such reconstitution shall be
made with the use of the corresponding copies in the national or provincial
central files of registered voters: Provided, That if this is not feasible, the
registered voter concerned may be summoned by the election registrar to effect
such reconstitution by accomplishing a new application. Reconstituted forms
shall be clearly marked with the word "reconstituted".
The
reconstitution of any lost or destroyed application for registration shall not
affect the criminal liability of any person or persons who may be responsible
for such loss or destruction.
Sec. 147. Examination
of registration records. - All registration records in the possession of the
city or municipal election registrar, the provincial election supervisor, and
the Commission shall, during regular office hours, be open to examination by
the public with legitimate inquiries for purposes of election.
Law
enforcement agencies shall, upon prior authorization by the Commission, have
access to said registration records should the same be necessary to, or in aid
of, their investigative functions and duties, subject to regulations
promulgated by the Commission.
Sec. 148. List of
voters. - Fifteen days before the date of the regular election or
special election, referendum or plebiscite, the board of election inspectors
must post the final list of voters in each precinct with each and every page
thereof duly signed or subscribed and sworn to by the members of the board of
election inspectors and that failure to comply with this provision will
constitute an election offense.
Any
candidate or authorized representative of an accredited political party, upon
formal request made to an election registrar, shall be entitled to a certified
copy of the most recent list of voters in any precinct, municipality, city or
province, upon payment of a reasonable fee as may be prescribed by the
Commission.
