Pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act Nos. 8189, 8746, 9333 and other related election laws, the Commission on Elections has resolved to promulgate, as it hereby promulgates, the following rules and regulations to govern the resumption of the system of continuing registration of voters in the Autonomous Region in Muslim Mindanao (ARMM):
 
Section 1. Declaration of policy. – It is the policy of the Commission to establish a clean, complete, permanent, and updated list of voters through the adoption of a systematic registration process utilizing biometrics technology.

Sec. 2. Date, time and place of filing, hearing and approval/disapproval of applications. – Applications for registration, transfer of registration records, change/corrections of entries in the registration records, shall be personally filed at the Office of the EO (OEO) of the city/municipality where the applicant resides, from 8:00 o’clock a.m. to 5:00 o’clock p.m., and heard by the Election Registration Board (ERB) at the OEO, in accordance with the following periods:

No application for registration, transfer of registration records, change/correction of entries in the registration records shall be accepted in case the Data Capturing Machine (DCM) and/or its peripherals are defective.  If in the course of the registration process, a DCM or its peripherals become defective, the Election Officer (EO) through the Provincial Election Supervisor (PES) upon certification by the CVL technician shall inform immediately the Information Technology Department (ITD) and Election and Barangay Affairs Department (EBAD) that the DCM and/or its peripherals are defective.

 Sec. 3.  Who will conduct registration. – The EO/Acting Election Officer (AEO) shall conduct the registration. However, upon the recommendation of the PES with the concurrence of the Regional Election Director (RED), when the situation warrants, the Commissioner-In-Charge of the ARMM may designate a Special Action Officer (SAO) in a city or municipality of the region to assist the local EOs (EO’s) thereat. The EO shall remain responsible for the overall conduct of the registration.

Sec. 4. Who may register. – Any Filipino citizen residing in the provinces of Basilan (except Isabela City), Sulu, Tawi-Tawi, Shariff Kabunsuan (except Cotabato City), Maguindanao, and Lanao del Sur may register as a voter provided he:

1. Is at least eighteen (18) years of age on or before August 11, 2008;
   
   
2. Has resided in the Philippines for at least one (1) year and in the place wherein he proposes to vote, for at least six (6) months immediately preceding the August 11, 2008 election; and,
   
   
3. Is not otherwise disqualified by law.

Any person, who has not reached the required voting age or period of residence on the day of registration but will possess such qualifications on or before the August 11, 2008 elections of the regional officials in the ARMM, may register as a voter.

Sec. 5.  Who are disqualified to register.  -  The following are disqualified from registering as a voter:

1. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty;
   
   
2. Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly-constituted government, such as, rebellion, insurrection, violation of the firearms laws, or any crime against national security unless restored to his full civil and political rights in accordance with law; and
   
   
3. An insane or incompetent person as declared by competent authority unless subsequently declared by proper authority that such person is no longer insane or incompetent.

Any person disqualified to register under paragraphs (1) and (2) above shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence.
    

Sec. 6. -  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 bears applicant’s photograph and signature:
   
   
   1. Current employees 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; or
      
      
   8. SSS/GSIS 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.

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

   If the identity of the applicant cannot be established by any of the aforementioned methods, he shall not be issued an application form.

   For purposes of verification on whether or not the applicant is already a registered voter, the EO shall first verify from the National List of Registered Voters (NLRV) if the name of the applicant is found therein. If the applicant’s name is not included in the said list, he shall be given an application form for registration.  If the applicant is found to be registered in the same city/municipality he shall be advised that he need not apply for registration. If he is found to be registered in another city/municipality, he shall be advised to apply for transfer of registration pursuant to Section 9 hereof.

2. The EO shall, using the 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. For this purpose, the applicant shall be assigned temporarily to the mother precinct comprising his residence. 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-voters per precinct limit.
      
      In case of boundary dispute, the EO shall maintain the status quo.
      
      
   3. Indicate the temporary precinct assignment of the applicant at the upper right-hand portion of the application form. 
      
      
   4. Issue the prescribed application form to the applicant in three (3) copies, a sample of which is attached hereto as Annex “A” (CEF-1A – Application for Registration).
      
      
3. Upon receipt of the application form, the applicant shall personally accomplish the same separately in three (3) copies in his own handwriting and submit the accomplished application form to the EO.  TITLES SUCH AS DATU, SULTAN, HADJI, BAI AND OTHER TITLES SHALL NOT BE ALLOWED.
   
   
4. The EO shall, after ensuring that the application form has been filled up correctly, completely and legibly; write down the Application Form Number.  The Application Form Number shall consist of four parts. The first part represents the two (2) digit province code, the second part stands for the two (2) digit city/municipal code, the third part represents the two (2) digit Data-Capture Machine (DCM) Number, and the fourth stands for the seven (7) digit control code starting after the last code number assigned.
   
   

   The EO shall return the application form to the applicant and administer the oath (before the Koran for Muslim applicants). The application form of an applicant who fails to take the oath before the Koran (for Muslim applicants) shall not be accepted and deemed not filed.

5. The EO shall direct the applicant to the Data Capture Machine (DCM) Operator concerned.
   
   

   The application form of an applicant who fails to submit himself for the live capture of his biometric data shall not be accepted and deemed not filed.

6. The DCM Operator shall proceed to capture the complete demographic and biometric data of the applicant, affix his initial below the space provided for the EO’s signature in Part 2 of the application form and direct the applicant to go back to the EO.
   
   
7. The EO shall:
   
   
   1. Affix his signature in the appropriate space of the form;
      
      
   2. Retain the three (3) copies; and
      
      
   3. Cut the bottom portion of the application form (copy for the EO) and give it to the applicant to serve as Acknowledgment Receipt and proof of filing of his application.

Sec. 7.  Accomplishment of application forms of illiterate or differently abled applicants – Any illiterate or differently-abled person may be assisted in the preparation of his application form by a relative within the fourth civil degree of consanguinity or affinity, or if he has none, by any person of his confidence who belongs to the same household, or by the EO.  In no case shall an assistor, except the EO, assist more than three (3) times. All assistors must be of voting age. 

The EO shall place the illiterate or differently-abled person under oath, after which, the assistor shall ask the illiterate or differently-abled person 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 person assisted and ask him if the information given is true and correct.

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

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

 Sec. 8.  Challenge of right to register  -  Any person applying for registration/transfer may be challenged in writing and under oath before the EO  by any voter or representative of a registered political party or watcher 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. 9. Procedure for filing of application for transfer of registration records from other cities and municipalities to and within the ARMM. -

1. Any registered voter who has transferred residence to a city/ municipality in the ARMM, at least six (6) months before the August 11, 2008 elections, may apply for transfer of his registration records with the Office of the EO of his new residence by personally accomplishing both sides, in three (3) copies, of the prescribed application form hereto attached as Annex “C” (CEF-1B – Application for Transfer/Application for Transfer with Reactivation).
   
   
2. The EO shall first verify from the National List of Registered Voters (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 the National List of Deactivated Voters (NLDV). For this purpose, the ITD shall provide all EOs with the updated soft copy of the NLRV and the NLDV
   
   
3. 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 for Transfer/Application for Transfer With Reactivation. The applicant shall thereafter accomplish the appropriate front portion and back part of the application form separately in three (3) copies in his own handwriting and submit the same to the EO who shall ensure the application form has been filled up correctly, completely and legibly.

   It is important that the EO shall check the box corresponding to the appropriate type of transfer. In the assignment of precinct number and Application Form Number, the EO shall follow the procedure provided in Sec. 6 hereof.

4. If applicant’s name is not included in the National List of Registered Voters or in the National List of Deactivated Voters –

   The EO shall advise applicant that he may, if he so desires, 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 6 hereof. In addition, the EO shall issue to the applicant a Certification (sample form attached as Annex “D”) stating that applicant intended to apply for transfer but he was instead advised to apply for original registration.

5. After completion of the above procedure, the EO shall direct the applicant to the Data Capture Machine (DCM) operator concerned.
   
   
6. The DCM operator shall then capture the demographic and biometric data of the applicant.  Thereafter, the operator shall affix his initial below the space provided for the EO’s signature in Part 2 of the application form.
   
   
7. The EO shall retain the three (3) copies, cut the bottom portion of the application form (copy for the EO) and give it to the applicant to serve as Acknowledgment Receipt and proof of filing his application. 
   
   
8. In support of the application for transfer, the applicant may submit on or before the April 27, 2008 ERB hearing a certified copy of his current Voter Registration Record (VRR) or Voter’s Identification Card generated by the Voters Validation System (VVS).
   
   
9. The application for transfer of registration records to another city/municipality shall be subject to the requirements of notice and hearing and the action of the ERB.  Within three (3) days upon approval of the application for transfer, the EO of his new residence shall, by registered mail or any other fastest means, give notice to the EO of the applicant’s former residence of such approval. After receiving the notice of such approval, the EO of the former residence of the applicant shall, transmit within the same period by registered mail or any other fastest means, the original copy of the applicant’s voter’s registration record to the EO of his new residence.  The EO of the voter’s former residence shall also delete the name of the approved voter-transferee in the voters list.

Sec. 10.  Procedure for filing of application for transfer of registration records within the same city or municipality due to change of address – Any registered voter who has changed his address in the same city/municipality shall accomplish the application form (Annex C) within the period provided in Section 2. 

If the change in address involves a change in precinct assignment, the EO shall assign the applicant to the precinct comprising his new residence.

If the applicant has no biometric data, he/she shall accomplish both sides of the application form and the applicant shall be obliged to undergo the process of capturing his demographic and biometric data following the procedures in Sec. 6 hereof.

Sec. 11. 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 accomplishing three (3) copies in his own handwriting the prescribed application form hereto attached as Annex “E” (CEF-1D – Application for Change). 

 After completion thereof, the EO shall retain the three (3) copies, cut the bottom portion of the application form(copy for the EO) and give it to the applicant to serve as Acknowledgment Receipt and proof of filing his/her application. 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.

In cases where the marriage of a female registered voter has been annulled or declared a nullity by competent court, the affected voter who previously had registered using her husband’s surname may request to change her surname, i. e., to revert to the use of her maiden name.  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.

 If the applicant has no biometric data, he/she shall accomplish both sides of the application form and the applicant shall be obliged to undergo the process of capturing his demographic and biometric data following the procedures in Sec. 6 hereof.

Sec. 12.  Procedure for filing of applications for correction of entry/entries in the registration records. – A registered voter whose registration record contains erroneous entries, including wrong or misspelled name, birth date, birth place or typographical errors, may request for their correction.  In support thereof, he shall attach thereto evidence which warrants correction.

The registered voter shall file an application for correction of entry/entries in the registration record by accomplishing in three (3) copies in his own handwriting the application form hereto attached Annex “E” (CEF-1D – Application for Correction of Entries).  After completion thereof, the EO shall retain the same, cut the bottom portion of the application form (copy for the EO) and give it to the applicant to serve as Acknowledgment Receipt and proof of fact of filing his application. It is important that the EO shall check the box corresponding to the appropriate type of application.

 If the applicant has no biometric data, he/she shall accomplish both sides of the application form and the applicant shall be obliged to undergo the process of capturing his demographic and biometric data following the procedures in Sec. 6 hereof.

 Sec. 13. Deactivation of Registration.-  Grounds; Procedure; Schedule. –

1. The following are the grounds for deactivation:
   
   
   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 by a competent court or tribunal of having caused/committed any crime involving disloyalty to the duly constituted government, such as rebellion, sedition, violation of anti-subversion and 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 unless such disqualification has been subsequently removed by a declaration of a proper authority that a such person is no longer insane or incompetent;
      
      
   4. Those who did not vote in the immediately preceding two successive regular elections as shown in the voting records;
      
      (The preceding two (2) successive regular elections refer to the May 14, 2007 National and Local Elections and October 29, 2007 Barangay and SK Elections including the Special Elections conducted in connection with the above-mentioned 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)

2. Deactivated registration records shall be removed from the corresponding book of voters and marked at the back thereof with the date of deactivation and cause/s of deactivation pursuant to Section 27 of Republic Act No. 8189.
   
   
3. Deactivation of Registration Records shall proceed under the following schedule:
   
   

   Identification and listing of Registered Voters subject for Deactivation	Last day of posting of List of Registered voters for Deactivation	Last day to file opposition to the Deactivation of Registered Voters	Special ERB Hearing for the Approval / Disapproval for the Deactivation of Registered Voters	Last day of Posting of Names of Deactivated Voters
   March 10, 2008 to March 14, 2008	March 19, 2008	March 24, 2008	March 26, 2008	March 28, 2008

Sec. 14. Procedure for filing of applications for reactivation. – Any registered voter whose registration record has been deactivated during the Special ERB Hearing held on March 26, 2008, based on any of the grounds provided under Sec. 13 hereof, may apply for reactivation of his registration records by personally accomplishing separately in three (3) copies the prescribed application form hereto attached as Annex “F” (CEF-1C – Application for Reactivation). After completion thereof, the EO shall cut the bottom portion of the application form (copy for the EO) and give it to the applicant to serve as Acknowledgment Receipt and proof of fact of filing his/her application. The applicant shall be reinstated to the precinct where he was previously assigned prior to deactivation.

An applicant for reactivation of registration records whose biometrics data have not been previously captured shall accomplish both sides of the application form and shall be obliged to undergo the process of capturing his demographic and biometric data following the procedures in Sec. 6 hereof.

The processing of application and transmittal of the original VRR (Copy for the EO) shall be in accordance with Sec. 9 hereof.

Sec. 15.   Cancellation of registration records. - The ERB shall cancel the registration records and remove the names from the list of voters of those who have died as certified by the Local Civil Registrar (LCR), on the dates scheduled for ERB hearings.

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 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 who administered the burial rites 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, Office of the PES and ITD.

Sec. 16.  Authority of EO to administer oath. – The EO is authorized to administer oath for purposes of registration. No fee shall be charged for the administration of the oath.

Sec. 17.  Notice of hearing of applications.  -  Upon receipt of the applications, the EO shall immediately set them for hearing, notice of which together with the list of applicants for registration/transfer of registration records /deactivation/reactivation/correction of entries, 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.

The EO shall also notify the applicant of the date of the hearing of his application by indicating the date of the hearing on the appropriate space of all the three (3) copies of the Acknowledgement Receipt to be signed by the applicant to serve as proof of compliance with the requirement for notice.
 
Sec. 18. Preliminaries to ERB Hearing - The EO shall verify the names of applicants from the national list of registered voters and submit to the ERB, for its reference, the names of those found in the national list.

Sec. 19.  Approval or disapproval of applications.  -  The ERB of the city/municipality shall, using the above-mentioned list,  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 processing of all accepted applications, the ERB shall meet daily until all applications shall have been processed, but not exceeding five (5) days from the time of their first meeting.
         
If the ERB disapproves the application, the applicant shall be furnished with a certificate of disapproval stating the ground(s) therefore.

 After each meeting, the ERB shall prepare the Minutes of the Proceedings which shall include, among others, the following:

1. Number of all applicants under consideration; and
   
   
2. List of applicants whose applications were approved or disapproved by the Board indicating the application number opposite their names.

The EO concerned shall see to it that copies of the abovementioned Minutes of Proceedings are received by the PES concerned as well as the representatives of the Dominant Majority Party and the Dominant Minority Party in the city/municipality, not later than May 15, 2008.  Copies of the Minutes shall also be posted in the Bulletin Board of the Office of the EO within the same period. 

In case of approval or disapproval, any aggrieved party may file a petition for exclusion or inclusion with the proper Municipal Trial Courts not later than May 13, 2008.

Sec. 20.  Publication of action on applications.  -  Immediately within five (5) days from approval or disapproval of an application for registration, the ERB shall post a notice 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.  21.  Disposition of applications for registration, transfer of registration records, change of name, correction of entry/ies and the compact discs (CDs). –  

1. During the registration period, on a daily basis, the EO shall:
   1. Gather and compile all accomplished application forms per barangay and by precinct. Arrange the application forms alphabetically by surname;
      
      
   2. Generate a list of those who applied for registration or transfer of registration / change of name or correction of entries using the DCS utilities program.  Said list shall be posted in the bulletin board of the city/municipality and in the office of the EO;
      
      
   3. Prepare a brief narrative regarding the occurrence of any untoward incident and the action taken thereon. For this purpose, each EO shall keep a journal in which to write down any important occurrences and incidents during the registration days;
      
      
   4. Create a back-up in Compact Disc (CD) of the demographic and biometric data of all the applicants.
   
   
   
2. After the ERB hearing, the EO shall:
   
   
   1. Segregate the approved applications in three (3) sets: the first set for the EO; the second set for the Provincial Central File; and the third set for the National Central File;
      
      
   2. Store in two (2) compact discs (CDs), the lists and other pertinent data of all approved applications for registration; transfer of registration records; and  change/correction of entries, and transmit the same to the PES concerned within  ten (10) days;
      
      
   3. Transmit the CDs and the copies of the approved applications copy for the Provincial and National Central File to the PES on or before May 15, 2008;
      
      
   4. Prepare the statistical report (Annex G) on the number of accomplished application forms and Project of Precincts (Annex H) and submit the same to the PES on or before May 15, 2008.

Sec. 22. Role of the PES. – The PES shall collect and deliver personally on or before May 20, 2008, the following to:

1. ITD
   
   
   1. CDs – 1st copy containing the list and other pertinent data of all approved applications for registration; transfer of registration records; transfer of registration records with reactivation; change of name/correction of entries;
      
      
2. EBAD
   
   
   1. CDs – 2nd copy containing the list and other pertinent data of all approved applications for registration; transfer of registration records; transfer of registration records with reactivation; change of name/correction of entries;
      
      
   2. Project of Precincts; Statistical reports; and
      
      
   3. Hard copy of the list of applicants whose applications were approved/disapproved by the ERB
      
      
3. ERSD
   
   
   1. 3rd copy (copy for the National Central File) of the approved applications for registration; transfer of registration records; transfer of registration records with reactivation; change of name/correction of entries;

Sec. 23.  Role of the Regional Election Director (RED) and the Assistant Regional Election Director (ARED). – The RED and ARED shall supervise the submission of and compliance with the required report and shall be held directly responsible for the non-submission of the reports within the period herein provided.

Sec. 24. Applicability of other resolutions of the Commission.  -  The provisions of Resolution 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. 25.  Effectivity.  -  This Resolution shall take effect on the seventh (7th) day after its publication in two (2) newspapers of general circulation in the Philippines.

Sec. 26.  Dissemination.  -  The Education and Information Department and the EBAD are hereby directed to:

1. Cause the publication of this Resolution in two (2) newspapers of general circulation in the Philippines.
   
   
2. Plan and implement a region-wide information campaign
   
   
3. Furnish copies of this Resolution to the Regional Election Director, the PESs of Basilan, Sulu, Tawi-Tawi, Maguindanao, Shariff Kabunsuan and Lanao del Sur and the EOs of the city/municipalities in the Autonomous Region in Muslim Mindanao.
   
   

Let the Deputy Executive Director for Operations, in coordination with the EBAD, ITD and the other concerned departments, offices and committees, implement this Resolution.

SO ORDERED.