Comelec Resolution No. 2904

RESOLUTION No. 2904
RULES AND REGULATIONS GOVERNING THE GENERAL REGISTRATION OF VOTERS
AND THE SYSTEM OF CONTINUING REGISTRATION OF VOTERS THEREAFTER.

Promulgation: 14 March 1997

WHEREAS, Republic Act No. 8189 provides that immediately after the barangay elections in 1997, the existing certified list of voters shall cease to be effective and operative and that for purposes of the May, 1998 elections and all other elections and political exercises subsequent thereto, the Commission shall undertake a general registration of voters before the Boards of Election Inspectors during two (2) Saturdays and two (2) Sundays of June, 1997 in accordance with said Act;

WHEREAS, Section 8 of said Act also provides for a system of continuing registration of voters to be conducted thereafter in the Office of the Election Officer during regular office hours;

NOW, THEREFORE, the Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act Nos. 6646, 7166 and 8189 and other related laws has RESOLVED to promulgate, as it hereby promulgates, the following rules and regulations.

SECTION 1. Applicability. - This Resolution shall govern the general registration of voters and the system of continuing registration of voters.

SEC. 2. Declaration of Policy. - It is the policy of the State to establish a clean, complete, and updated lists of voters.

SEC. 3. Definition of Terms. -

Registration refers to the act of a qualified voter of accomplishing and filing a sworn application for registration and the inclusion of the same in the Book of Voters upon its approval.

Registration Record refers to a duly approved application for voter registration;

Book of Voters refers to the compilation of all registration records in a precinct;

List of Voters refers to a duly certified enumeration of names of registered voters in a precinct for use in an election;

Illiterate or Disabled Person refers to one who cannot by himself prepare an application for registration because of his inability to read or write or due to physical disability;

Election Officer refers to the highest official or authorized representative of the Commission in a city or municipality;

Board of Election Inspectors refers to the body constituted herein to act on all applications for registration during the general registration of voters;

Election Registration Board refers to the body constituted herein to act on all applications for registration under the system of continuing registration; and

Voter's Identification Number (VIN) refers to the number assigned by the Commission on Elections to a registered voter, which shall consist of three (3) parts:

The current address (city/municipality and province);

The current barangay/precinct assignment of the voter; and

The permanent birth and name code unique to every voter.

SEC. 4. Permanent List of Voters. - There shall be a permanent list of voters per precinct in each city or municipality consisting of the names of all registered voters residing within the territorial jurisdiction of every precinct indicated in the precinct maps. Such precinct-level list of voters shall be accompanied by an addition/deletion list which, for the purpose of updating the list after the book of voters is sealed, shall include such additions, cancellations and corrections, as ordered by the court or as certified to have died by the local civil registrar.

SEC. 5. Necessity of Registration. - In order that a qualified voter may vote in an election, he must be registered as a voter in the precinct comprising his residence.

SEC. 6. Registration of Voters. - A qualified voter shall personally accomplish an application for registration in three (3) copies before the following:

In case of general registration, before the Board of Election Inspectors on June 14, 15, 21 and 22, 1997 starting at seven o'clock in the morning until five o'clock in the afternoon; and

In case of continuing registration, before the Election Officer during regular office hours on any date after having acquired the qualifications of a voter.

Before the applicant accomplishes his application for registration, the Board of Election Inspectors or Election Officer, as the case may be, shall inform him of the qualifications and disqualifications prescribed by law for a voter. The said Board or Election Officer shall see to it that the accomplished application contains all the data therein required. The application for registration shall contain three (3) specimen signatures of the applicant, and clear and legible rolled prints of left and right thumbprints, with four (4) copies of his latest photograph (size 1 ½" x 1 ½"), which shall be attached to the application and the Voter's Identification Card.

SEC. 7. Qualification of a Voter. - Every citizen of the Philippines, not otherwise disqualified by law, eighteen (18) years of age or over, who shall have 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 election, may register as a voter.

Any person who may not have reached the required age or period of residence on the day of the registration, but possesses such qualifications on the day of the election, may register as a voter.

SEC. 8. Persons Disqualified to Register. - The following shall be disqualified from registering as a voter:

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. Provided, however, that any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence;

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 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 automatically reacquire his right to vote upon expiration of five (5) years after service of sentence; and

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.

SEC. 9. Board of Election Inspectors. - There shall be a Board of Election Inspectors in every precinct to be composed of a Chairman and two (2) Members, all of whom shall be public school teachers. One of the members shall be designated as Poll Clerk.

SEC. 10. Qualification of Members of the Board. - The Chairman and Members of the Board or their substitutes must:

Be of good moral character and irreproachable reputation;

Have never been convicted of any election offense or of any crime punishable by more than six (6) months imprisonment;

Have no information pending against them for any election offense; and

Be able to speak and write English or the local dialect.

SEC. 11. Disqualification. - No Chairman or Member of the Board shall be related within the fourth civil degree of consanguinity (up to first cousin) or affinity (up to first cousin-in-law) to any member of the Board. In case of disqualification, the members concerned shall inform the Election Officer of said relationship.

SEC. 12. Appointment of the Members of the Board. - The Commission shall, through the Election Officer, appoint on or before June 02, 1997 the Chairman and Members of the Board.

SEC. 13. Guidelines on Appointment of Chairman and Members. - In the appointment of the Chairman and Members of the Board, the Election Officer shall observe and comply with the following guidelines:

Unless otherwise ordered by the Commission, public school teachers who were appointed chairmen and members of the Boards of Election Tellers in the May 12, 1997 barangay elections who are not otherwise disqualified shall be assigned as such.

In case of changes in the composition of the Board due to disqualifications, the most qualified teacher shall be appointment as Chairman. In case of shortage of public school teachers, the following may be appointed in the order named:

Teachers in private schools;

Employees in the civil service; and

Other citizens of known probity and competence.

Before assuming office, the Chairman and Members of the Board shall take and sign an oath before any officer authorized to administer oath, copies of which shall be furnished the Election Officer.

SEC. 14. Absences or Vacancies in the Board. - If at the time of the meeting of the Board, any member is absent, or the office is still vacant, the members present shall appoint any qualified and non-partisan voter of the precinct to temporarily fill said vacancy until the absent member appears or the vacancy is filled.

SEC. 15. Arrest of Absent Members. - The member or members present may order the arrest of any member, who, in his or their judgment, has absented himself with the intention of obstructing the performance of the duties of the Board.

SEC. 16. Duties and Functions. - The Board shall have the following duties and functions:

Undertake the registration of voters, as herein provided and in connection therewith, administer oath, issue subpoena or subpoena duces tecum, and compel witnesses to appear and testify before it;

Act as deputies of the Commission in the supervision and control of the registration of voters in the polling place;

Maintain order and discipline within the polling place and its surroundings within a thirty-meter radius;

Prohibit the carrying of firearms or other deadly weapons inside the polling place during registration days by any person, including policemen or peace officers, except Comelec officials and deputies duly authorized to carry firearms; and

Order any police or military officer/soldier to arrest any person refusing to obey its lawful orders and hold him in custody until after the meeting of the Board but such order shall not be so executed as to prevent such person from registering as a voter. Thereafter, the arrested person shall be turned over to a person of authority.

SEC. 17. Meeting of the Board. - All meetings of the Board shall be public and be held only in the polling place designated by the Commission. The Board shall act through its Chairman and all decisions shall be made by majority vote.

SEC. 18. Watchers. - In every meeting of the Board, each registered political party or coalition and Comelec citizen's arm shall be entitled to appoint one (1) watcher in each polling place.

SEC. 19. Protest by Watchers. - Any duly appointed watcher may file a protest with the Board for any irregularity or violation of law. The Board shall immediately hear such protest and render its decision thereon. The poll clerk shall give the watcher a copy of the decision of the Board, if requested.

SEC. 20. Registration Forms and Supplies. - Each Board shall be provided, through the Election Officer, with the following documents, forms and supplies for use in the registration of voters:

A. FORMS

CE Form No.	Title	Quantity per Precinct
1	Voter Registration Record (VRR)	1 set of 3 copies per registered voter in the 1997 barangay elections
1-C	Enlarged accomplished VRR (Twice the size of a cartolina)	1 per precinct
2-A	List of Voters	3 copies
11-A	Minutes of Registration	1 set of 2 copies

Instructions for the General Registration of Voters	3 copies
Temporary Appointment of Chairman/Members	10 pieces per precinct
Temporary Appointment of Watchers	10 pieces per precinct
Certificate of Challenge/Protest and Decision of the Board	10 pieces per precinct
Subpoena	5 pieces

B. Supplies/Materials

Barangay/Precinct Map	1 piece
Ballpen	20 pieces
Fingerprint Takers	6 pieces
Paper Clips	15 pieces
Bond Paper (legal size)	20 sheets
Carbon Paper	2 sheets
Envelopes for Spoiled CEF No. 1, Approved VRR & Barangay/Precinct map	3 pieces

SEC. 21. Voters Identification Photograph. - Each applicant for registration shall be required to have his picture (1 ½" x 1 ½" in size) taken in four (4) copies at the expense of the Commission, which shall be attached on the three (3) copies of the voter registration record and on the identification card.

For this purpose, the Commission shall provide adequate facilities to ensure that photographs of registrants are taken during registration days in each polling center or in such places designated by the Commission. The photograph shall bear the name of the voter and his voter registration record number.

SEC. 22. Preliminaries. - The Board must be at the polling place not later than 6:30 in the morning in order that the registration of voters can commence promptly at 7:00 o'clock in the morning.

The chairman shall have custody of the Voter Registration Record (CEF No. 1).

The barangay/precinct map indicating the precinct number, boundaries and polling place of the precinct shall be issued to the Board by the Election Officer to be posted by the Poll Clerk at the door of the polling place.

SEC. 23. Procedure for Registration. -

The applicant for registration shall personally appear before the Board and 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 the place.

The Board shall determine if the applicant resides within the territory of the precinct.

If the applicant resides within the territory of the precinct, he shall be appraised of the qualifications and disqualifications of a voter. Thereafter, the applicant shall be given an application for registration consisting of three (3) copies.

If he does not reside within the territory of the precinct, the Board shall direct him to where he may register or advise him to inquire from the other Boards or from the Election Officer.

A voter who is not known to any member of the Board may be identified by another voter of the precinct or by presenting any of the following documents:

Driver's license;

Student's ID or library card with picture and signed by the school authority;

Current employee's ID with picture issued by employer;

NBI/PNP clearance with picture;

Postal ID card;

Passport; or

Any authentic document showing his identity.

Upon receipt of the voter registration record form, the applicant shall accomplish each copy in his own handwriting and in the presence of the Board. The use of carbon paper shall not be allowed.

The Board shall guide the applicant on how to accomplish the registration record to ensure that:

The complete address, the period of residence in the Philippines and in the municipality where he intends to vote and other required data are completely and legibly written;

Three (3) specimens of his signature are properly affixed; and

The rolled imprints of his left and right thumbs are clearly and distinctly impressed.

An enlarged accomplished voter registration record shall be posted in the polling place for the guidance of the applicants for registration.

IN CASE THE APPLICANT'S ROLLED THUMBPRINTS ARE BLURRED, SMUDGED OR FAINT, THEY SHALL BE RETAKEN ON ANY AVAILABLE SPACE OF THE REGISTRATION RECORD. THE POLL CLERK SHALL TAKE THE THUMBPRINTS OF THE APPLICANT. THE LATTER SHALL NOT BE ALLOWED TO AFFIX HIS THUMBPRINTS BY HIMSELF. NO APPLICATION FOR REGISTRATION WITH BLURRED, SMUDGED OR FAINT THUMBPRINTS SHALL BE APPROVED BY THE BOARD.

ANY PERSON WHO DELIBERATELY IMPRINTS BLURRED, SMUDGED OR FAINT THUMBPRINTS ON ANY COPY OF THE VOTER REGISTRATION RECORD OR ANY MEMBER OF THE BOARD WHO, THROUGH NEGLIGENCE, CAUSES OR ALLOWS THE IMPRINTING OF SUCH BLURRED, SMUDGED OR FAINT THUMBPRINTS, SHALL BE LIABLE FOR AN ELECTION OFFENSE PUNISHABLE UNDER THE OMNIBUS ELECTION CODE.

An illiterate or physically disabled person who cannot prepare his registration record by himself shall be assisted by any relative within the fourth civil degree of consanguinity or affinity or by any member of the Board, who shall strictly prepare the same in accordance with the data supplied by the applicant.

After all three (3) copies of the voter registration record shall have been accomplished, the Board shall verify whether or not it is the same set given to the applicant and if so, examine the data therein.

Any voter registration record submitted by an applicant with a serial number different from that recorded by the Chairman shall be invalidated and marked with the word "REJECTED" written diagonally across the three (3) copies.

Such rejected copies shall then be placed in the envelope for spoiled registration records and the applicant given another set of voter registration record, without prejudice, however, to the filing of appropriate charges, if warranted.

SEC. 24. Spoiled Voter Registration Record. - In case of a spoiled voter registration record, the Board shall write the word "SPOILED" diagonally across the face of each copy. The applicant shall be given another set. NO APPLICANT SHALL CHANGE HIS APPLICATION FORM MORE THAN ONCE. A report stating the serial numbers of all spoiled voter registration records shall be submitted to the Election Officer immediately after the registration, together with the spoiled registration records.

SEC. 25. Challenge of the Right to Register. - Any person applying for registration may be challenged under oath before the Board on registration day by any member thereof, or by any voter or watcher. The Board shall then investigate the challenged person and receive such evidence as it may deem pertinent. All challenges shall be heard and decided immediately. After the challenge has been decided, the Board shall give to each party a brief certified statement setting forth the challenge and decision thereon.

SEC. 26. Action of the Board. - Upon receipt of the voter registration record, the Board shall examine the data therein. If it finds that the applicant possesses all the qualifications of a voter, it shall approve his application. The Board shall require the voter to affix his signature and thumbmark on the Voter's Identification Card.

SEC. 27. Voter's Identification Card. - The Election Officer shall prepare the Voter's Identification Card to which shall be attached a copy of the voter's photograph. He shall issue the identification card to the voter after verifying if the voter's signature in the registration record for the receipt of said identification card is the same as the specimen signatures affixed therein and the signature of the voter affixed on the ID.

SEC. 28. Disposition of Unused, Disapproved, Rejected and Spoiled Voter Registration Record and Voter's Identification Cards. - After the close of the last meeting of the Board, all unused, disapproved, rejected and spoiled voter registration records and corresponding voter identification cards shall be returned to the Election Officer.

SEC. 29. Entry in the List of Voters. - At the first meeting of the Board, before entering the first name of the voter, the Board shall write the date and the words "FIRST REGISTRATION DAY".

Each member shall enter in his copy of the list of voters (CEF No. 2-A) the names of the voters whose applications for registration have been approved by the Board. The names of the voters shall be numbered consecutively in the order they are registered.

Before adjourning on each registration day, the Board shall make the following certification in the line immediately following the last name of the voter entered therein:

"This certifies that on ________________________, we have registered (Date) _____________________________________________ voters." (Number in words and figures)

followed by the signatures of the three (3) members of the Board over their printed names. Before adding a new name on the second registration day, the Board shall write immediately after the above certification, "ADDED IN THE SECOND MEETING ON _______(Date)_______ ". Upon adjournment, after numbering consecutively the names of the voters in the order of their registration following the number of the last voter previously registered, the Board shall again close the list of the names as above described indicating therein the total number of voters registered on the second day. The same procedure shall be followed in the succeeding registration days except that on the last registration day, the grand total in words and figures of registered voters in the precinct shall also be stated in the certification.

Before the submission of the approved Voter Registration Records, the Board shall arrange them alphabetically according to surnames.

Three (3) copies of the list of voters and all copies of the approved alphabetized voter registration records shall be delivered immediately by the Members of the Board under proper receipt to the Election Officer of the city or municipality, stating therein the number of copies thereof.

SEC. 30. Distribution of the Copies of the Manually Prepared List of Voters. - The three (3) copies of the manually-prepared list of voters shall be distributed as follows:

First copy, to be retained by the Election Officer;

Second copy, to the National Central File Division, Election Records and Statistics Department, Commission on Elections, Manila; and

Third copy, to the Provincial Election Supervisor.

On the basis of the lists of voters, the Election Officer shall transmit by RUSH TELEGRAM to the Records and Statistics Division of the Election Records and Statistics Department, Comelec, Manila, a report on the total number of registered voters in each precinct and in the city or municipality.

SEC. 31. Preparation of the Computerized Voter's List. - The Election Officer shall examine and verify the lists of voters and approved voter registration records submitted by the Boards of Election Inspectors and prepare a permanent computerized list of voters arranged by precinct. Thereafter, he shall prepare another list consisting of the names of voters in the city/municipality arranged alphabetically according to surnames.

The computer print-outs of the list of voters duly certified by the Board are official documents and shall be used for voting and other election-related purposes as well as for legitimate research needs.

SEC. 32. Date and Time of the Continuing Registration of Voters. - After the June, 1997 general registration of voters, registration shall continue and be conducted in the Office of the Election Officer of the city/municipality during regular office hours. No registration shall be allowed one hundred twenty (120) days before a regular election and ninety (90) days before a special election.

SEC. 33. Illiterate or Disabled Applicants. - Any illiterate person may register with the assistance of the Election Officer or any member of an accredited citizen's arm as follows:

The Election Officer shall ask the illiterate person questions under oath, and record the answers given in order to accomplish properly the application form;

The Election Officer or any member of the accredited citizen's arm shall read the accomplished form aloud to the person assisted and ask him if the information given is true and correct; and

The accomplished form shall be signed by the applicant by means of thumbmark or some other customary mark and subscribed and attested by the Election Officer.

The attestation shall state the name of the person assisted; the name of the Election Officer or member of the accredited citizen's arm who assisted the applicant; the fact that the Election Officer placed the applicant under oath; that the Election Officer or member of the accredited citizen's arm read the accomplished form to the person assisted; and that the latter affirmed its truth and accuracy by placing his thumbmark or some customary mark on the application in the presence of the Election Officer.

The application for registration of a physically-disabled person may be prepared by any relative within the fourth civil degree of consanguinity or affinity or by the Election Officer or any member of an accredited citizen's arm using the data supplied by the applicant. The fact of illiteracy or disability shall be so indicated in the application.

SEC. 34. Challenge of Right to Register. - During the registration period, any voter or representative of a registered political party may challenge in writing any applicant for registration, stating the grounds therefor. The challenge shall be under oath and attached to the application, together with proof of notice to the applicant.

The challenge or opposition to a registrant's application for registration must be filed not later than the second Monday of the month in which the same is scheduled to be heard or processed by the Election Registration Board. Should the second Monday of the month fall on a non-working holiday, the opposition may be filed on the following working day. The challenge shall be heard on the third Monday of the month and the decision thereon rendered before the end of the month.

SEC. 35. Notice of Hearing of Application. - Upon receipt of applications for registration, the Election Officer shall set them for hearing, notice of which shall be posted in the city or municipal bulletin board and in his office at least one (1) week before the hearing, furnishing copies thereof to the applicants concerned, the heads or representatives of registered political parties and other accredited groups or organizations in the city or municipality.

In case his application is not objected to, the registrant need not appear on the date set for the hearing of his application. However, in case where an objection against an application has been seasonably filed with the Election Registration Board, the physical presence of the applicant shall be mandatory to enable him to rebut or refute any evidence presented against his application.

All applications for registration shall be heard and processed on a quarterly basis.

For this purpose, the Election Registration Board shall meet and convene on the third Monday of April, July, October and January every year or on the next following working day if any of the designated days fall on a non-working holiday, except in an election year to conform with the one-hundred-and-twenty (120) day prohibitive period before election day. Should one day be insufficient for the processing of all accepted applications, the Board shall adjourn from day to day until all the applications shall have been processed.

SEC. 36. Election Registration Board. - There shall be in each city and municipality as many Election Registration Boards as there are Election Officers therein. In thickly-populated cities/municipalities, the Commission may appoint additional Election Officers for such duration as may be necessary.

The Board shall be composed of three (3) members, with the Election Officer as Chairman, and as Members, the most senior public school official and the local civil registrar, or in his absence, the city or municipal treasurer.

In case of disqualification of the Election Officer, the Commission shall designate an Acting Election Officer who shall serve as Chairman of the Election Registration Board. In case of disqualification or nonavailability of the local civil registrar or the city or municipal treasurer, the Commission shall designate as substitute any appointive civil service official from the same locality.

No member of the Board shall be related to each other or to any incumbent city or municipal elective official within the fourth civil degree of consanguinity or affinity. If in succeeding elections, any of the newly-elected city/municipal officials is related to a member of the Board, such member shall be automatically disqualified.

The Election Officer shall submit immediately to the Deputy Executive Director for Operations of the Commission the names and addresses of the persons to be appointed members of the Election Registration Board in each city or municipality.

SEC. 37. Approval or Disapproval of Application. - The Election Officer shall submit to the Board all applications for registration filed, together with any evidence received for or against any application. The Board shall, by majority vote, approve or disapprove the applications.

Upon approval, the Election Officer shall assign a voter's identification number to the registered voter. If the Board disapproves the application, the applicant shall be furnished with a certificate of disapproval stating the ground therefor. In case of approval or disapproval, any aggrieved party may file a petition for exclusion or inclusion with the proper Municipal or Metropolitan Trial Court.

SEC. 38. Publication of Action on Application for Registration. - Within five (5) days from approval or disapproval of an application for registration, the Board shall post a notice in the bulletin Board of the city or municipal hall and in the office of the Election Officer, stating the names and addresses of the applicants, the dates of the applications and the actions taken thereon. The Election Officer shall serve a copy thereof personally, by registered mail or special delivery, to the heads or representatives of registered political parties in the city or municipality.

SEC. 39. Preservation of Voter's Registration Records. - The Election Officer shall compile by precinct the original copies of the approved applications for registration arranged alphabetically b surname in the precinct book of voters. He shall preserve the book of voters and ensure its integrity. The second and third copies of the registration records shall be sent to the provincial and national central files within three (3) days after approval by the Board.

SEC. 40. Change of Residence to Another City or Municipality. - Any registered voter who has transferred residence to another city or municipality may apply with the Election Officer of his new residence for the transfer of his registration records at least one hundred twenty (120) days before election day, provided the voter would have satisfied the six (6) months residence requirement on the day of the election.

The Election Officer shall require the applicant who requests for transfer of his previous registration to file or accomplish an application form in six (6) copies to be distributed as follows:

One (1) copy to be retained by the Election Officer of his new residence;

Two (2) copies to be sent to the Election Officer of his old residence, one (1) copy of which shall be attached to his registration record (CEF No. 1);

One (1) copy each to the Provincial Election Supervisor and the National Central File Division of the Election and Records Statistics Department, Comelec, Manila; and

One copy for the applicant.

The application for transfer of registration shall be subject to the requirements of notice and hearing and the approval of the Election Registration Board. Upon approval thereof and after notice of such approval to the Election Officer of the former residence of the voter, said Election Officer shall transmit the voter's registration record by registered mail to the Election Officer of the voter's new residence.

SEC. 41. Change of Address in the same City or Municipality. - Any voter who was changed his address in the same city or municipality shall immediately notify the Election Officer in writing. If the change of address involves a change in precinct, the Board shall transfer the voter's registration record to the precinct book of voters of his new precinct and notify him of his new precinct. All changes of address shall be reported to both the National and Provincial Central Files.

The Election Officer shall require the registered voter who is transferring to another precinct in the same city/municipality to file an application for transfer of registration record within fifteen (15) days before the start of the campaign period, in four (4) copies to be distributed as follows:

One (1) copy to the Election Officer, to be attached to the voter registration record;

One (1) copy for the registered voter; and

The remaining two (2) copies to be forwarded to the Provincial and National Central Files.

SEC. 42. Deactivation of Registration. - The Board shall deactivate and remove the registration records of the following persons from the corresponding precinct book of voters and place the same, properly marked and dated in indelible ink in the inactive file after entering therein the cause/s of deactivation:

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 such persons shall automatically reacquire the right to vote upon 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;

Those who have 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, sedition, violation of the firearm law or any crime against national security, unless restored to their full civil and political rights in accordance with law; Provided, that such persons shall regain their right to vote automatically upon expiration of five (5) years from service of sentence;

Those declared by competent authority to be insane or incompetent;

Those who did not vote in the immediately proceding two (2) successive regular elections as shown in the voting records;

Those ordered excluded from the list of voters by the court; and

Those who have lost their Filipino citizenship.

For this purpose, the clerk of court shall furnish the Election Officer 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.

The Election Officer shall post in the bulletin Board of his office a list of the persons whose registration were deactivated and the reasons thereof. He shall provide copies of the list to the local heads of political parties, the national and provincial central files and other interested parties.

SEC. 43. Reactivation of Registration. - Any voter whose registration has been deactivated may file with the Election Officer a sworn application for reactivation of his registration, at any time but not later than one hundred twenty (120) days before a regular election and ninety (90) days before a special election, in the form of an affidavit stating that the ground for the deactivation no longer exists.

The Election Officer shall submit said application to the Election Registration Board for appropriate action.

In case the application is approved, the Election Officer shall retrieve the registration record from the inactive file and include the same in the corresponding book of voters. The local heads or representatives of political parties shall be properly notified of the approval of said applications.

SEC. 44. Cancellation of Registration. - The Board shall cancel the registration records of those who have died as certified by the Local Civil Registrar. The Local Civil Registrar shall submit each month to the Election Officer 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 Election Officer of the city/municipality of the deceased residence as appearing in his death certificate. The Local Civil Registrar shall also furnish copies of this list to the National and Provincial Central Files.

The Election Officer shall post in the bulletin Board of his office the list of persons whose registration has been cancelled due to death, furnishing copies thereof to the local heads of political parties and to the National and Provincial Central Files.

SEC. 45. Preparation and Posting of the Certified List of Voters. - The Board shall post a certified list of voters ninety (90) days before a regular election and sixty (60) days before a special election and furnish copies thereof to the National and Provincial Central Files. A certified list of deactivated voters categorized by precinct per barangay, shall likewise be posted in the office of the Election Officer and in the bulletin Board of the city/municipal hall within the same period. Candidates and local heads of registered political parties may secure copies thereof upon payment of the fees as fixed by the Commission.

The Board shall also furnish two (2) certified copies of the list of voters and list of deactivated voters to the Board of Election Inspectors for posting in the polling place and for its reference on election day.

SEC. 46. Sealing of Precinct Book of Voters. - The Board shall notify within fifteen (15) days before the start of the ninety (90) day campaign period all local representatives/heads of registered political parties and members of the Boards of Election Inspectors to inspect and verify the completeness of the voter registration records of each precinct compiled in the Books of Voters.

After verification and certification by the Board of Election Inspectors and party representatives as to the completeness of the voter registration records in the precinct book of voters, the Election Registration Board shall seal the book of voters in the presence of the representatives of the political parties and the Board of Election Inspectors at the start of the campaign period. The Election Officer shall deliver the sealed precinct book of voters to the Chairman of the Board of Election Inspectors when the latter secures the official ballots and other paraphernalia on election day.

Should it be determined during such verification that a precinct book contains fictitious applications, or applications that have not been approved, or have been cancelled, any candidate, watcher of registered political parties, member of the Board of Election Inspectors or voter may, within ten (10) days from the start of the campaign period, apply to the municipal or metropolitan trial courts for an order to exclude the same. It shall be prima facie evidence that the applications sought to be excluded are fictitious or have not been approved if they are not included in any of the notices or lists of voters.

Should it be determined during the process of verification that the precinct book does not include a voter registration record that has been duly approved, the voter concerned, or any candidate, or watcher of registered political parties or member of the Board of Election Inspectors may apply to the court at any time for an order directing that the said registration record be included in the book. The petitioner shall attach to his petition a certified copy of the voter's identification card or the notice of approval of the said registration record.

Thirty (30) days before a regular election and fifteen (15) days before a special election, all the precinct books of voters shall be closed and sealed and shall not be available for examination by the public. Only voters whose registration record are included therein shall be allowed to vote, except as may be ordered by competent court.

The Chairman of the Board of Election Inspectors shall immediately return the book of voters to the Election Officer after the election.

SEC. 47. Jurisdiction in Inclusion and Exclusion Cases. - The metropolitan/municipal and municipal circuit trial courts shall have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective cities/municipalities. Decisions of said courts maybe appealed directly by the aggrieved party to the proper Regional Trial Court within five (5) days from receipt of notice thereof, otherwise said decision shall become final and executory after said period. The Regional Trial Court shall decide the appeal within ten (10) days from receipt thereof and its decision shall be immediately final and executory. No motion for reconsideration shall be entertained by the courts.

SEC. 48. Petition for Inclusion of Voters. - Any person whose application fore registration has been disapproved by the Board or whose name has been stricken out from the list may at any time, except one hundred and five (105) days prior to a regular election or seventy-five (75) days prior to a special election, file with the municipal/metropolitan trial court concerned a petition to include the person's name in the permanent list of voters of his precinct. The petition shall be supported by a copy of the certificate of disapproval of the person's application and proof of the service of notice of his petition to the Board. The petition shall be decided within fifteen (15) days after its filing.

If the court decides in favor of the voter, the Board shall reactivate the application for registration previously disapproved by entering therein the order of inclusion and placing the said application in the corresponding precinct book of voters.

SEC. 49. Petition for Exclusion of Voters. - Any registered voter, representative of a registered political party, or the Election Officer in the city or municipality may at any time, except one hundred (100) days before a regular election or sixty-five (65) days before a special election, file with the proper municipal or metropolitan trial court, a sworn petition for the exclusion of a voter from the permanent list of voters, giving the name, address and precinct number of the challenged voter and citing as ground therefore that the challenged voter is either disqualified from registering as a voter or is illegally registered. The petition shall be accompanied by proof of notice to the Board and to the challenged voter and shall be decided within ten (10) days from its filing.

If the decision is for the exclusion of the voter from the list, the Board shall, upon receipt of the final decision, remove the voter's registration record from the corresponding book of voters, enter therein the order of exclusion, and thereafter place the record in the inactive file.

SEC. 50. Effectivity. - This Resolution shall take effect on the seventh day following its publication in two (2) newspapers of general circulation in the Philippines.

SEC. 51. Dissemination. - The Education and Information Department is hereby directed to furnish copies of this Resolution to the Department of Education, Culture and Sports and its Regional Provincial/City Superintendents of Schools, District Supervisors and Principals or Head Teachers and the Regional Election Directors of the Commission, Provincial Election Supervisors, Election Officers, Boards of Election Inspectors and the duly-accredited citizen's arm/s of the Commission.

Updated: 11.19.2009 LTO

RESOLUTIONS

Promulgation: 14 March 1997