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

COMELEC Rules of Procedure - Rule 2

PART II

POWERS OF THE COMMISSION

AND TRANSACTION OF BUSINESS

Rule 2

Powers of the Commission

Section 1. Express Powers. - In the performance of its administrative, quasi-judicial and judicial functions, the Commission shall exercise all such powers and functions as are expressly vested upon it by the Constitution and by law.

Sec. 2. Implied Powers. - The Commission shall likewise exercise such powers as are implied in or are necessary to the effective exercise of its express powers.

Sec. 3. Inherent Powers. - When performing its constitutional or statutory functions, the Commission shall have inherent power to:

1. Preserve and enforce order in its immediate presence;

2. Enforce order in proceedings before it or before any of its offices or officials empowered to conduct investigation under its authority.

3. Compel obedience to its judgments, orders and processes;

4. Control its ministerial officers and all other persons in any manner connected with a case before it, and in every manner appertaining thereto;

5. Compel the attendance of persons to testify in a case pending before it;

6. Administer or cause to be administered oaths in a case pending before it, and in all other cases where it may be necessary in the exercise of its powers;

7. Amend and control its processes and orders so as to make them conformable to law and justice;

8. Authorize a copy of a lost or destroyed pleading or other paper to be filed and used instead of the original, and to restore, and supply deficiencies in its records and proceedings.

Sec. 4. Means to Effect Jurisdiction. - All auxiliary writs, processes and other means necessary to carry into effect its powers or jurisdiction may be employed by the Commission; and if the procedure to be followed in the exercise of such power or jurisdiction is not specifically provided for by law or these rules, any suitable process or proceeding may be adopted.

Sec. 5. Powers and Duties of the Chairman. - The powers and duties of the Chairman of the Commission when discharging his functions in actions or proceedings before the Commission are as follows:

1. To issue calls for the sessions of the Commission;

2. To preside over the sessions of the Commission; and to act as Presiding Commissioner of a Division when expressly authorized in these Rules;

3. To designate any of the Commissioners to preside over sessions of the Commissions en banc in the event of his absence, disqualification or inhibition;

4. To preserve order and decorum during the session;

5. To decide all questions of order, subject to appeal to the Commission en banc;

6. To enforce orders, resolutions, and decisions of the Commission and the Divisions;

7. To sign interlocutory resolution, orders or rulings and temporary restraining orders of the Commission in cases not yet assigned to the Divisions;

8. To take such other measures as he may deem proper upon consultation with the other members of the Commission; and

9. To exercise such other powers as are vested upon him by law or by specific provisions of these Rules.

Sec. 6. Powers and Duties of the Presiding Commissioner. - The powers and duties of the Presiding Commissioner of a Division when discharging its functions in cases pending before the Division shall be as follows:

1. To issue calls for the sessions of the Division;

2. To preside over the sessions of the Division;

3. To preserve order and decorum during the sessions of the Division;

4. To sign interlocutory resolutions, orders or rulings and temporary restraining orders in cases already assigned to the Division;

5. To decide all questions of order, subject to appeal to the full Division; and

6. To take such other measures as he may deem proper upon consultation with the other members of the Division. 

Part I	RULES OF PROCEDURE	Part II
Rule 1	Table of Contents	Rule 3

COMELEC Rules of Procedure - Part IV TOC

Part IV

DISPOSITION OF ACTIONS OR PROCEEDINGS

TABLE OF CONTENTS

RULE	DESCRIPTION
14	SUMMONS
15	PRE-TRIAL
16	SUBPOENA
17	HEARINGS
18	DECISIONS
19	MOTIONS FOR RECONSIDERATION

Part III	RULES OF PROCEDURE	Part III
Rule 13	Table of Contents	Rule 14