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Section 1. Short Title. This Act shall be known as "The Overseas Sec. 5. Disqualifications. The following shall be disqualified from voting
Absentee Voting Act of 2003." under this Act:
Sec. 2. Declaration of Policy. It is the prime duty of the State to provide a 1. Those who have lost their Filipino citizenship in accordance with
system of honest and orderly overseas absentee voting that upholds the Philippine laws;
secrecy and sanctity of the ballot. Towards this end, the State ensures equal
opportunity to all qualified citizens of the Philippines abroad in the exercise of 2. Those who have expressly renounced their Philippine citizenship
this fundamental right. and who have pledged allegiance to a foreign country;
Sec. 3. Definition of Terms. For purposes of this Act: 3. Those who have committed and are convicted in a final judgment
by a court or tribunal of an offense punishable by imprisonment of
a. "Absentee Voting" refers to the process by which qualified citizens not less than one (1) year, including those who have committed and
of the Philippines abroad exercise their right to vote; been found guilty of Disloyalty as defined under Article 137 of the
Revised Penal Code, such disability not having been removed by
plenary pardon or amnesty; Provided, however, That any person
b. "Commission" refers to the Commission on Elections;
disqualified to vote under this subsection shall automatically acquire
the right to vote upon expiration of five (5) years after service of
c. "Certified List of Overseas Absentee Voters" refers to the list of sentence; Provided, further, That the Commission may take
registered overseas absentee voters whose applications to vote in cognizance of final judgments issued by foreign courts or tribunals
absentia have been approved by the Commission, said list to be only on the basis of reciprocity and subject to the formalities and
prepared by the Committee on Absentee Voting of the Commission, processes prescribed by the Rules of Court on execution of
on a country-by-country basis. This list shall be approved by the judgments;
Commission in an en banc resolution;
4. An immigrant or a permanent resident who is recognized as such
d. "Day of Election" refers to the actual date of elections in the in the host country, unless he/she executes, upon registration, an
Philippines; affidavit prepared for the purpose by the Commission declaring that
he/she shall resume actual physical permanent residence in the
e. "National Registry of Absentee Voters" refers to the consolidated Philippines not later than three (3) years from approval of his/her
list prepared, approved and maintained by the Commission, of registration under this Act. Such affidavit shall also state that he/she
overseas absentee voters whose applications for registration as has not applied for citizenship in another country. Failure to return
absentee voters, including those registered voters who have applied shall be the cause for the removal of the name of the immigrant or
to be certified as absentee voters, have been approved by the permanent resident from the National Registry of Absentee Voters
Election Registered Board; and his/her permanent disqualification to vote in absentia.
b. Accomplished registration form prescribed by the Commission 9.2. When an overseas absentee voters name was ordered
containing the following mandatory information: removed by the Commission from the Registry of Overseas
Absentee Voters for his/her failure to exercise his/her right to vote
under this Act for two (2) consecutive national elections.
i. Last known residence of the applicant in the Philippines
before leaving for abroad;
Sec. 10. Notice of Registration and Election. The Commission shall,
through the embassies, consulates and other foreign service establishments,
ii. Address of applicant abroad, or forwarding address in the
cause the publication in a newspaper of general circulation of the place, date
case of seafarers;
and time of the holding of a regular or special national election and the
requirements for the participation of qualified citizens of the Philippines
iii. Where voting by mail is allowed, the applicants mailing abroad, at least six (6) months before the date set for the filing of applications
address outside the Philippines where the ballot for for registration.
absentee voters will be sent, in proper cases; and;
The Commission shall determine the countries where publication shall be
iv. Name and address of applicants authorized made, and the frequency thereof, taking into consideration the number of
representative in the Philippines for purposes of Section 6.7 overseas Filipinos present in such countries. Likewise, the Commission and
and Section 12 hereof.
the Department of Foreign Affairs shall post the same in their respective embassies, consulates and other foreign service establishments, which shall
websites. post the same in their bulletin boards within ten (10) days from receipt
thereof.
Sec. 11. Procedure for Application to Vote in Absentia.
Subject to reasonable regulation and the payment of fees in such amounts
11.1. Every qualified citizen of the Philippines abroad whose as may be fixed by the Commission, the candidates, political parties,
application for registration has been approved, including those accredited citizens arms, interested persons and all embassies, consulates
previously registered under Republic Act No. 8189, shall, in every and other foreign service establishments shall be furnished copies thereof.
national election, file with the officer of the embassy, consulate or
other foreign service establishment authorized by the Commission, a Sec. 14. Printing and Transmittal of Ballots, Voting Instructions, Election
sworn written application to vote in a form prescribed by the Forms and Paraphernalia.
Commission. The authorized officer of such embassy, consulate or
other foreign service establishment shall transmit to the Commission 14.1. The Commission shall cause the printing of ballots for overseas
the said application to vote within five (5) days from receipt thereof. absentee voters, voting instructions, and election forms in such
The application form shall be accomplished in triplicate and number as may be necessary, but in no case shall it exceed the total
submitted together with the photocopy of his/her overseas absentee number of approved applications. Security markings shall be used in
voter certificate of registration. the printing of ballots for overseas absentee voters.
11.2. Every application to vote in absentia may be done personally 14.2. The Commission shall present to the authorized
at, or by mail to, the embassy, consulate or foreign service representatives of the Department of Foreign Affairs and the
establishment, which has jurisdiction over the country where he/she accredited major political parties the ballots for overseas absentee
has indicated his/her address for purposes of the elections. voters, voting instructions, election forms and other election
paraphernalia for scrutiny and inspection prior to their transmittal to
11.3. Consular and diplomatic services rendered in connection with the embassies, consulates and other foreign service establishments
the overseas absentee voting processes shall be made available at concerned.
no cost to the overseas absentee voter.
14.3. The Commission shall, not later than seventy-five (75) days
Sec. 12. Verification and Approval of Application to Vote. All applications before the day of elections, transmit by special pouch to the
shall be acted upon by the Commission upon receipt thereof, but in no case embassies, consulates and other foreign service establishments, the
later than one hundred fifty (150) days before the day of elections. In the exact number of ballots for overseas absentee voters corresponding
event of disapproval of the application, the voter or his authorized to the number of approved applications, along with such materials
representative may file a Motion for Reconsideration with the Commission and election paraphernalia necessary to ensure the secrecy and
personally, or by registered mail, within ten (10) days from receipt of the integrity of the election.
notice of disapproval. The Commission shall act within five (5) days from
receipt of such Motion for Reconsideration and shall immediately notify the 14.4. The authorized representatives of accredited major political
voter of its decision. The decision of the Commission shall be final and parties shall have the right to be present in all phases of printing,
executory. transmittal, and casting of ballots abroad. Unclaimed ballots properly
marked as such, shall be cancelled and shipped to the Commission
The Commission shall issue an overseas absentee voter identification card by the least costly method.
to those whose applications to vote have been approved.
Sec. 15. Regulation on Campaigning Abroad. The use of campaign
Sec. 13. Preparation and Posting of Certified List of Overseas Absentee materials, as well as the limits on campaign spending shall be governed by
Voters. The Commission shall prepare the Certified List of Overseas the laws and regulations applicable in the Philippines.
Absentee Voters within one hundred twenty (120) days before every election,
and furnish within the same period copies thereof to the appropriate Sec. 16. Casting and Submission of Ballots.
16.1. Upon receipt by the designated officer of the embassy, 16.6. The overseas absentee voter shall be instructed that his/her
consulate and other foreign service establishments of the ballots for ballot shall not be counted if it is not inside the special envelope
overseas absentee voters, voting instructions, election forms and furnished him/her when it is cast.
other paraphernalia, he/she shall make them available on the
premises to the qualified overseas absentee voters in their 16.7. Ballots not claimed by the overseas absentee voters at the
respective jurisdictions during the thirty (30) days before the day of embassies, consulates and other foreign service establishments, in
elections when overseas absentee voters may cast their vote. case of personal voting, and ballots returned to the embassies,
Immediately upon receiving it, the overseas absentee voter must fill- consulates and other foreign service establishments concerned, in
out his/her ballot personally, in secret, without leaving the premises the case of voting by mail, shall be cancelled and shipped to the
of the embassies, consulates and other foreign service Commission by the least costly method within six (6) months from
establishments concerned. the day of elections.
16.2. The overseas absentee voter shall personally accomplish 16.8. Only ballots cast, and mailed ballots received by the Philippine
his/her ballot at the embassy, consulate or other foreign service embassies, consulates and other foreign service establishments
establishment that has jurisdiction over the country where he/she concerned in accordance with Section 17 hereof before the close of
temporarily resides or at any polling place designated and accredited voting on the day of elections shall be counted in accordance with
by the Commission. Section 18 hereof. All envelopes containing the ballots received by
the embassies, consulates and other foreign service establishments
16.3. The overseas absentee voter shall cast his ballot, upon after the prescribed period shall not be opened, and shall be
presentation of the absentee voter identification card issued by the cancelled and shipped to the Commission by the least costly method
Commission, within thirty (30) days before the day of elections. In the within six (6) months from the day of elections.
case of seafarers, they shall cast their ballots anytime within sixty
(60) days before the day of elections as prescribed in the 16.9. A Special Ballot Reception and Custody Group composed of
Implementing Rules and Guidelines. three (3) members shall be constituted by the Commission from
among the staff of the embassies, consulates and other foreign
16.4. All accomplished ballots received shall be placed unopened service establishments concerned, including their attached agencies,
inside sealed containers and kept in a secure place designated by and citizens of the Philippines abroad, who will be deputized to
the Commission. receive ballots and take custody of the same preparatory to their
transmittal to the Special Boards of Election Inspectors.
16.5. The embassies, consulates and other foreign service
establishments concerned shall keep a complete record of the 16.10. During this phase of the election process, the authorized
ballots for overseas absentee voters, specifically indicating the representatives of the political parties, candidates, and accredited
number of ballots they actually received, and in cases where voting citizens arms of the Commission shall be notified in writing thereof
by mail is allowed under Section 17 hereof, the names and and shall have the right to witness the proceedings.
addresses of the voters to whom these ballots were sent, including
proof of receipt thereof. In addition, the embassies, consulates and 16.11. The Commission shall study the use of electronic mail,
other foreign service establishments shall submit a formal report to Internet, or other secured networks in the casting of votes, and
the Commission and the Joint Congressional Oversight Committee submit a report thereon to the Joint Congressional Oversight
created under this Act within thirty (30) days from the day of Committee.
elections. Such report shall contain data on the number of ballots
cast and received by the offices, the number of invalid and Sec. 17. Voting by Mail.
unclaimed ballots and other pertinent data.
17.1. For the May, 2004 elections, the Commission shall authorize
voting by mail in not more than three (3) countries, subject to the
approval of the Congressional Oversight Committee. Voting by mail establishments or in such other places as may be designated by the
may be allowed in countries that satisfy the following conditions: Commission pursuant to the Implementing Rules and Regulations.
The Commission shall ensure that the start of counting in all polling
a. Where the mailing system is fairly well-developed and places abroad shall be synchronized with the start of counting in the
secure to prevent the occasion of fraud; Philippines.
b. Where there exists a technically established identification 18.2. For these purposes, the Commission shall constitute as many
system that would preclude multiple or proxy voting; and, Special Boards of Election Inspectors as may be necessary to
conduct and supervise the counting of votes as provided in Section
18.2 hereof. The Special Boards of Election Inspectors to be
c. Where the system of reception and custody of mailed
constituted herein shall be composed of a Chairman and two (2)
ballots in the embassies, consulates and other foreign
members, one (1) of whom shall be designated as poll clerk. The
service establishments concerned are adequate and well-
secured. ambassador or consul-general, or any career public officer posted
abroad designated by the Commission, as the case may be, shall act
as the chairman; in the absence of other government officers, the
Thereafter, voting by mail in any country shall be allowed only upon two (2) other members shall be citizens of the Philippines who are
review and approval of the Joint Congressional Oversight qualified to vote under this act and deputized by the Commission not
Committee. later than sixty (60) days before the day of elections. All resolutions
of the Special Board of Election Inspectors on issues brought before
17.2. The overseas absentee voters shall send his/her accomplished it during the conduct of its proceedings shall be valid only when they
ballot to the corresponding embassy, consular or other foreign carry the approval of the chairman.
service establishment that has jurisdiction over the country where
he/she temporarily resides. He/She shall be entitled to cast his/her Immediately upon the completion of the counting, the Special Boards
ballot at any time upon his/her receipt thereof, provided that the of Election Inspectors shall transmit via facsimile and/or electronic
same Is received before the close of voting on the day of elections. mail the results to the Commission in Manila and the accredited
The overseas absentee voter shall be instructed that his/her ballot major political parties.
shall not be counted if not transmitted in the special envelope
furnished him/her.
18.3. Only ballots cast on, or received by the embassies, consulates
and other foreign service establishments before the close of voting
17.3. Only mailed ballots received by the Philippine embassy, on the day of elections shall be included in the counting of votes.
consulate and other foreign service establishments before the close Those received afterwards shall not be counted.
of voting on the day of elections shall be counted in accordance with
Section 18 hereof. All envelopes containing the ballots received by
the embassies, consulates and other foreign service establishments 18.4. A Special Board of Canvassers composed of a lawyer
after the prescribed period shall not be opened, and shall be preferably of the Commission as chairman, a senior career officer
from any of the government agencies maintaining a post abroad and,
cancelled and disposed of appropriately, with a corresponding report
in the absence of another government officer, a citizen of the
thereon submitted to the Commission not later than thirty (30) days
Philippines qualified to vote under this Act deputized by the
from the day of elections.
Commission, as vice-chairman and member-secretary, respectively,
shall be constituted to canvass the election returns submitted to it by
Sec. 18. On-Site Counting and Canvassing. the Special Boards of Election Inspectors. Immediately upon the
completion of the canvass, the chairman of the Special Board of
18.1. The counting and canvassing of votes shall be conducted on Canvassers shall transmit via facsimile, electronic mail, or any other
site in the country where the votes were actually cast. The opening means of transmission equally safe and reliable the Certificates of
of the specially-marked envelopes containing the ballots and the Canvass and the Statements of Votes to the Commission, and shall
counting and canvassing of votes shall be conducted within the cause to preserve the same immediately after the conclusion of the
premises of the embassies, consulates and other foreign service canvass, and make it available upon instructions of the Commission.
The Special Board of Canvassers shall also furnish the accredited Employment, Philippine Overseas and Employment Administration,
major political parties and accredited citizens arms with copies Overseas Workers Welfare Administration and the Commission on Filipinos
thereof via facsimile, electronic mail and any other means of Overseas. Non-government organizations and accredited Filipino
transmission equally safe, secure and reliable. organizations or associations abroad shall be consulted.
The Certificates of Canvass and the accompanying Statements of Sec. 20. Information Campaign. The Commission, in coordination with
Votes as transmitted via facsimile, electronic mail and any other agencies concerned, shall undertake an information campaign to educate the
means of transmission equally safe, secure and reliable shall be the public on the manner of absentee voting for qualified overseas absentee
primary basis for the national canvass. voters. It may require the support and assistance of the Department of
Foreign Affairs, through the embassies, consulates and other foreign service
18.5. The canvass of votes shall not cause the delay of the establishments, Department of Labor and employment, Department of
proclamation of a winning candidate if the outcome of the election Transportation and Communications, Philippine Postal Corporation,
will not be affected by the results thereof. Notwithstanding the Philippine Overseas Employment Administration, Overseas Workers Welfare
foregoing, the Commission is empowered to order the proclamation Administration and the Commission on Filipinos Overseas. The Commission
of winning candidates despite the fact that the scheduled election may deputize Filipino organizations/associations overseas for the same
has not taken place in a particular country or countries, if the holding purpose: Provided, That any such deputized organization/association shall
of elections therein has been rendered impossible by events, factors be prohibited from participating in the elections by campaigning for or fielding
and circumstances peculiar to such country or countries, and which candidates; Provided, further, That if any such deputized
events, factors and circumstances are beyond the control or organization/association is discovered to have a member who is not a
influence of the Commission. qualified overseas absentee voter as herein defined, such deputized
organization/association shall be banned from participating in any manner,
and at any stage, in the Philippine political process abroad.
18.6. In the preparation of the final tally of votes on the results of the
national elections, the Commission shall ensure that the votes
canvassed by each and every country shall be reflected as a Such information campaign shall educate the Filipino public, within and
separate item from the tally of national votes. For purposes of this outside the Philippines, on the rights of overseas absentee voters, absentee
Act, the returns of every election for president and vice-president voting processes and other related concerns. Information materials shall be
prepared by the Special Board of Canvassers shall be deemed a developed by the Commission for distribution, through the said government
certificate of canvass of a city or province. agencies and private organizations. No government agency or accredited
private organizations shall prepare, print, distribute or post in websites any
18.7. Where feasible, the counting and canvassing of votes shall be information material without the prior approval of the Commission.
automated. Towards this end, the Commission is hereby authorized
to borrow, rent, lease or acquire automated voting machines for Sec. 21. Access to Official Records and Documents. Subject to the
purposes of canvassing and counting of votes pursuant to the pertinent provisions of this Act, any person shall have the right to access
provisions of this Act, and in accordance with the Implementing and/or copy at his expense all registration records, voters lists and other
Rules and Regulations promulgated by the Commission. official records and documents, subject to reasonable regulations as may be
imposed by the Commission.
Sec. 19. Authority of the Commission to Promulgate Rules. The
Commission shall issue the necessary rules and regulations to effectively Sec. 22. Assistance from Government Agencies. All government officers,
implement the provisions of this Act within sixty (60) days from the effectivity particularly from the Department of Foreign Affairs, Department of Labor and
of this Act. The Implementing Rules and Regulations shall be submitted to Employment, Department of Transportation and Communications, Philippine
the Joint Congressional Oversight Committee created by virtue of this Act for Postal Corporation, Philippine Overseas Employment Administration,
prior approval. Overseas Workers Welfare Administration, Commission on Filipinos
Overseas and other government offices concerned with the welfare of the
Filipinos overseas shall, to the extent compatible with their primary
In the formulation of the rules and regulations, the Commission shall
coordinate with the Department of Foreign Affairs, Department of Labor and responsibilities, assist the Commission in carrying out the provisions of this
Act. All such agencies or officers thereof shall take reasonable measures to
expedite all election activities, which the Commission shall require of them. 24.4. For any person to steal, destroy, conceal, mutilate or alter any
When necessary, the Commission may send supervisory teams headed by record, document or paper as required for purposes of this Act;
career officers to assist the embassies, consulates and other foreign service
establishment concerned. 24.5. For any deputized agent to refuse without justifiable ground, to
serve or continue serving, or to comply with his/her sworn duties
Sec. 23. Security Measures to Safeguard the Secrecy and Sanctity of after acceptance of his/her appointment;
Ballots. At all stages of the electoral process, the Commission shall ensure
that the secrecy and integrity of the ballots are preserved. The Committee on 24.6. For any public officer or employee who shall cause the
Absentee Voting of the Commission shall be responsible for ensuring the preparation, printing, distribution of information material, or post the
secrecy and sanctity of the absentee voting process. In the interest of same in websites without the prior approval of the Commission;
transparency, all necessary and practicable measures shall be adopted to
allow representation of the candidates, accredited major political parties,
24.7. For any public officer or employee to cause the transfer,
accredited citizens arms and non-government organizations to assist, and promotion, extension, recall of any member of the foreign service
intervene in appropriate cases, in all stages of the electoral exercise and to corps, including members of the attached agencies, or otherwise
prevent any and all forms of fraud and coercion.
cause the movement of any such member from his current post or
position one (1) year before and three (3) months after the day of
No officer or member of the foreign service corps, including those belonging elections, without securing the prior approval of the Commission;
to attached agencies shall be transferred, promoted, extended, recalled or
otherwise moved from his current post or position one (1) year before and 24.8. For any person who, after being deputized by the Commission
three (3) months after the day of elections, except upon the approval of the
to undertake activities in connection with the implementation of this
Commission.
Act, shall campaign for or assist, in whatever manner, candidates in
the elections;
Sec. 24. Prohibited Acts. In addition to the prohibited acts provided by law,
it shall be unlawful: 24.9. For any person who is not a citizen of the Philippines to
participate, by word or deed, directly or indirectly through qualified
24.1. For any officer or employee of the Philippine government to organizations/associations, in any manner and at any stage of the
influence or attempt to influence any person covered by this Act to Philippine political process abroad, including participation in the
vote, or not to vote, for a particular candidate. Nothing in this Act campaign and elections.
shall be deemed to prohibit free discussion regarding politics or
candidates for public office.
The provision of existing laws to the contrary notwithstanding, and with due
regard to the Principle of Double Criminality, the prohibited acts described in
24.2. For any person to deprive any person of any right secured in this section are electoral offenses and punishable in the Philippines.
this Act, or to give false information as to his/her name, address, or
period of residence for the purposes of establishing his/her eligibility
The penalties imposed under Section 264 of the Omnibus Election Code, as
or ineligibility to register or vote under this Act; or to conspire with
amended, shall be imposed on any person found guilty of committing any of
another person for the purpose of encouraging the giving of false
the prohibited acts as defined in this section: Provided, That the penalty of
information in order to establish the eligibility or ineligibility of any
prision mayor in its minimum period shall be imposed upon any person found
individual to register or vote under this Act; or, to pay, or offer to pay, guilty of Section 24.3 hereof without the benefit of the operation of the
or to accept payment either for application to vote in absentia or for Indeterminate Sentence Law. If the offender is a public officer or a candidate,
voting;
the penalty shall be prision mayor in its maximum period. In addition, the
offender shall be sentenced to suffer perpetual disqualification to hold public
24.3. For any person to tamper with the ballot, the mail containing office and deprivation of the right to vote.
the ballots for overseas absentee voters, the election returns,
including the destruction, mutilation and manipulation thereof; Immigrants and permanent residents who do not resume residence in the
Philippines as stipulated in their affidavit under Section 5(d) within three (3)
years after approval of his/her registration under this Act and yet vote in the Sec. 30. Separability Clause. If any part or provision of this Act shall be
next elections contrary to the said section, shall be penalized by declared unconstitutional or invalid, other provisions hereof which are not
imprisonment of not less than one (1) year, and shall be deemed disqualified affected thereby shall continue to be in full force and effect.
as provided in Section 5(c) of this Act. His/her passport shall be stamped
"not allowed to vote". Sec. 31. Repealing Clause. All laws, presidential decrees, executive
orders, rules and regulations, other issuances, and parts thereof, which are
Sec. 25. Joint Congressional Oversight Committee. A Joint Congressional inconsistent with the provisions of this Act, are hereby repealed or modified
Oversight Committee is hereby created, composed of the Chairman of the accordingly.
Senate Committee on Constitutional Amendments, Revision of Codes and
Laws, and seven (7) other Senators designated by the Senate President, and Sec. 32. Effectivity. This Act shall take effect fifteen (15) days following its
the Chairman of the House Committee on Suffrage and Electoral Reforms, publication in three (3) newspapers of general circulation.
and seven (7) other Members of the House of Representatives designated by
the Speaker of the House of Representatives: Provided, That, of the seven
(7) members to be designated by each House of Congress, four (4) should
come from the majority and the remaining three (3) from the minority.
Sec. 29. Appropriations. The amount necessary to carry out the provisions
of this Act shall be provided in a supplemental budget or included in the
General Appropriations Act of the year of its enactment into law. Thereafter,
the expenses for its continued implementation shall be included in the
subsequent General Appropriations Act.
Republic Act No. 8189 June 11, 1996 h) Voters Identification Number (VIN) refers to the number assigned
by the Commission on Elections to a registered voter that shall
AN ACT PROVIDING FOR A GENERAL REGISTRATION OF VOTERS, consist of three (3) parts: (1) The current address (city/municipality
ADOPTING A SYSTEM OF CONTINUING REGISTRATION, and province); (2) the current precinct assignment of the voter and
PRESCRIBING THE PROCEDURES THEREOF AND AUTHORIZING THE (3) the permanent birth and name code unique to every voter;
APPROPRIATION OF FUNDS THEREFOR
i) Political Parties refer to local, regional or national political parties
Be it enacted by the Senate and House of Representatives of the Philippines existing and duly registered and accredited by the Commission;
in Congress assembled::
j) Precinct refers to the basic unit of territory established by the
Section 1. Title. This Act shall be known as "The Voters Registration Act Commission for the purpose of voting;
of 1996."
k) Precinct Maps refers to a sketch or drawing of a geographical area
Section 2. Declaration of Policy. It is the policy of the State to systematize stated in terms of streets or street blocks or sitios the residents of
the present method of registration in order to establish a clean, complete, which would belong to a particular precinct;
permanent and updated list of voters.
l) Polling place refers to the place where the Board of Election
Section 3. Definition of Terms. As used in this Act: Inspectors conducts its proceeding and where the voters cast their
votes;
a) Registration refers to the act of accomplishing and filing of a
sworn application for registration by a qualified voter before the m) Voting center refers to the building or place where the polling
election officer of the city or municipality wherein he resides and place is located;
including the same in the book of registered voters upon approval by
the Election Registration Board; n) Election Officer refers to the highest official or authorized
representative of the Commission in a city or municipality; and
b) Registration Record refers to an application for registration duly
approved by the Election Registration Board; o) Board of Election Inspectors refers to the body which conducts the
election in the polling place of the precinct usually composed of three
c) Book of Voters refers to the compilation of all registration records (3) public school teachers appointed by the Commission.
in a precinct;
Section 4. Permanent List of Voters. There shall be a permanent list of
d) List of Voters refers to an enumeration of names of registered voters per precinct in each city or municipality consisting of all registered
voters in a precinct duly certified by the Election Registration Board voters residing within the territorial jurisdiction of every precinct indicated by
for use in the election; the precinct maps.
e) Illiterate or Disabled person refers to one who cannot by himself Such precinct-level list of voters shall be accompanied by an addition
prepare an application for registration because of his physical deletion list of the purpose of updating the list.
disability and/or inability to read and write;
For the purpose of the 1997 general registration, the Commission shall cause
f) Commission refers to the Commission on Elections (COMELEC); the preparation and posting of all precinct maps in every barangay
nationwide. Five days before the 1997 general registration, individual
precinct maps shall be posted at the door of each polling place.
g) Election Registration Board refers to the body constituted herein
Subsequently, the Election Officer shall be responsible for the display,
to act on all applications for registration;
throughout the year, of precinct maps in his office and in the bulletin board of precinct. Thereafter, a separate list of new voters shall be
the city or municipal hall. prepared by the Election Officer; and
The precinct assignment of a voter in the permanent list of voters shall not be 2) An island or group of islands with less than two hundred
changed or altered or transferred to another precinct without the express (200) voters may comprise one (1) original precinct.
written consent of the voter: Provided, however, That the voter shall not
unreasonably withhold such consent. Any violation thereof shall constitute an b) Every case of alteration of precincts shall be duly announced by
election offense which shall be punished in accordance with law. posting a notice thereof in a conspicuous place in the precinct, in the
office of the election officer and in the city or municipal hall and by
Section 5. Precincts and their Establishment. In preparation for the general providing political parties and candidates a list of all the precincts at
registration in 1997, the Commission shall draw updated maps of all the the start of the campaign period; and
precincts nationwide. Upon completion of the new precinct maps, all the
precincts established in the preceding elections shall be deemed abolished. c) Consolidation or merger of at most three (3) precincts may be
allowed: Provided, That the computerized counting shall be
For the purpose of the general registration, the Commission shall create implemented: Provided, further, That the merger of such precincts
original precincts only. Spin-off precinct may be created after the regular shall be effected ninety (90) days before election day.
elections of 1998 to accommodate additional voters residing within the
territorial jurisdiction of the original precincts. Section 7. General Registration of Voters. Immediately after the barangay
elections in 1997, the existing certified list of voters shall cease to be
The Commission shall introduce a permanent numbering of all precincts effective and operative. For purposed of the May 1998 elections and all
which shall be indicated by Arabic numerals and a letter of the English elections, plebiscites, referenda, initiatives, and recalls subsequent thereto,
alphabet. Original or mother precincts shall be indicated by the Arabic the Commission shall undertake a general registration of voters before the
numeral and letter "A of the English alphabet. Spin-off or daughter precincts Board of Election Inspectors on June 14, 15, 21, and 22 and, subject to the
shall be indicated by the Arabic numeral and letter of the English alphabet discretion of the Commission, on June 28 and 29, 1997 in accordance with
starting with letter B and so on. this Act.
No territory comprising an election precinct shall be altered or a new precinct Section 8. System of Continuing Registration of Voters. The personal filing
be established at the start of the election period. of application of registration of voters shall be conducted daily in the office of
the Election Officer during regular office hours. No registration shall,
Splitting of an original precinct or merger of two or more original precincts however, be conducted during the period starting one hundred twenty (120)
shall not be allowed without redrawing the precinct map/s one hundred days before a regular election and ninety (90) days before a special election.
twenty (120) days before election day.
Section 9. Who may Register. All citizens of the Philippines not otherwise
Section 6. Arrangement of Precincts. Every barangay shall have at least one disqualified by law who are at least eighteen (18) years of age, and who shall
(1) precinct. Each precinct, shall have no more than two hundred (200) have resided in the Philippines for at least one (1) year, and in the place
voters and shall comprise contiguous and compact territories. wherein they propose to vote, for at least six (6) months immediately
preceding the election, may register as a voter.
a) A precinct shall be allowed to have less than 200 registered voters
under the following conditions: Any person who temporarily resides in another city, municipality or country
solely by reason of his occupation, profession, employment in private or
public service, educational activities, work in the military or naval
1) As soon as the 200-limit for every precinct has been
reached, a spin-off or daughter precinct shall be created reservations within the Philippines, service in the Armed Forces of the
automatically by the Commission to accommodate voters Philippines, the National Police Forces, or confinement or detention in
government institutions in accordance with law, shall not be deemed to have
residing within the territorial jurisdiction of the original
lost his original residence.
Any person, who, on the day of registration may not have reached the with four (4) identification size copies of his latest photograph, attached
required age or period of residence but, who, on the day of the election shall thereto, to be taken at the expense of the Commission.
possess such qualifications, may register as a voter.
Before the applicant accomplishes his application for registration, the
Section 10. Registration of Voters. A qualified voter shall be registered in the Election Officer shall inform him of the qualifications and disqualifications
permanent list of voters in a precinct of the city or municipality wherein he prescribed by law for a voter, and thereafter, see to it that the accomplished
resides to be able to vote in any election. To register as a voter, he shall application contains all the data therein required and that the applicants
personally accomplish an application form for registration as prescribed by specimen signatures, fingerprints, and photographs are properly affixed in all
the Commission in three (3) copies before the Election Officer on any date copies of the voters application.
during office hours after having acquired the qualifications of a voter.
Section 11. Disqualification. The following shall be disqualified from
The application shall contain the following data: registering:
a) Name, surname, middle name, and/or maternal surname; a) Any person who has been sentenced by final judgment to suffer
imprisonment of not less than one (1) year, such disability not having
b) Sex; been removed by plenary pardon or amnesty: Provided, however,
That any person disqualified to vote under this paragraph shall
c) Date, and place of birth; automatically reacquire the right to vote upon expiration of five (5)
years after service of sentence;
d) Citizenship;
b) Any person who has been adjudged by final judgment by a
competent court or tribunal of having committed any crime involving
e) Civil status, if married, name of spouse; disloyalty to the duly constituted government such as rebellion,
sedition, violation of the firearms laws or any crime against national
f) Profession, occupation or work; security, unless restored to his full civil and political rights in
accordance with law: Provided, That he shall automatically reacquire
g) Periods of residence in the Philippines and in the place of the right to vote upon expiration of five (5) years after service of
registration; sentence; and
h) Exact address with the name of the street and house number for c) Insane or incompetent persons declared as such by competent
location in the precinct maps maintained by the local office of the authority unless subsequently declared by proper authority that such
Commission, or in case there is none, a brief description of his person is no longer insane or incompetent.
residence, sitio, and barangay;
Section 12. Change of Residence to Another City or Municipality. Any
i) A statement that the applicant possesses all the qualifications of a registered voter who has transferred residence to another city or municipality
voter; may apply with the Election Officer of his new residence for the transfer of his
registration records.
j) A statement that the applicant is not a registered voter of any
precinct; and The application for transfer of registration shall be subject to the
requirements of notice and hearing and the approval of the Election
k) Such information or data as may be required by the Commission. Registration Board, in accordance with this Act. Upon approval of the
application for transfer, and after notice of such approval to the Election
Officer of the former residence of the voter, said Election Officer shall
The application for registration shall contain three (3) specimen signatures of
transmit by registered mail the voters registration record to the Election
the applicant, clear and legible rolled prints of his left and right thumbprints,
Officer of the voters new residence.
Section 13. Change of Address in the Same City or Municipality. Any voter In case of disqualification of the Election Officer, the Commission shall
who has changed his address in the same city or municipality shall designate an acting Election Officer who shall serve as Chairman of the
immediately notify the Election Officer in writing. If the change of address Election Registration Board. In case of disqualification or non-availability of
involves a change in precinct, the Board shall transfer his registration record the Local Registrar or the Municipal Treasurer, the Commission shall
to the precinct book of voters of his new precinct and notify the voter of his designate any other appointive civil service official from the same locality as
new precinct All changes of address shall be reported to the office of the substitute.
provincial election supervisor and the Commission in Manila.
No member of the Board shall be related to each other or to any incumbent
Section 14. Illiterate or Disabled Applicants. Any illiterate person may city or municipal elective official within the fourth civil degree of consanguinity
register with the assistance of the Election Officer or any member of an or affinity. If in succeeding elections, any of the newly elected city or
accredited citizens arms. The Election Officer shall place such illiterate municipal officials is related to a member of the board within the fourth civil
person under oath, ask him the questions, and record the answers given in degree of consanguinity or affinity, such member is automatically disqualified
order to accomplish the application form in the presence of the majority of the to preserve the integrity of the Election Registration Board.
members of the Board. The Election Officer or any member of an accredited
citizens arm shall read the accomplished form aloud to the person assisted Every registered party and such organizations as may be authorized by the
and ask him if the information given is true and correct The accomplished Commission shall be entitled to a watcher in every registration board.
form shall be subscribed by the applicant in the presence of the Board by
means of thumbmark or some other customary mark and it shall be Section 16. Compensation of the Members of the Board. Each member of
subscribed and attested by the majority of the members of the Board. the Board shall be entitled to an honorarium to Two Hundred Pesos
(P200.00) for each day of actual service rendered in the Board, which
The attestation shall state the name of the person assisted, the name of the amount the Commission may adjust every three (3) years thereafter. No
Election Officer or the member of the accredited citizens arm who assisted member of the Board shall be entitled to travelling expenses.
the applicant, the fact that the Election Officer placed the applicant under
oath, that the Election Officer or the member of the accredited citizens arm Section 17. Notice and Hearing of Applications. Upon receipt of applications
who assisted the applicant read the accomplished form to the person
for registration, the Election Officer shall set them for hearing, notice of which
assisted, and that the person assisted affirmed its truth and accuracy, by
shall be posted in the city or municipal bulletin board and in his office for at
placing his thumbmark or some other customary mark on the application in
least one (1) week before the hearing, and furnish copies thereof to the
the presence of the Board.
applicant concerned, the heads or representatives of political parties, and
other accredited groups or organizations which actively participate in the
The application for registration of a physically disabled person may be electoral process in the city or municipality. On the date of the hearing, the
prepared by any relative within the fourth civil degree of consanguinity or Election Officer shall receive such evidence for or against the applicant.
affinity or by the Election Officer or any member of an accredited citizens
arm using the data supplied by the applicant. The fact of illiteracy or disability
A registrant whose application is not seasonably objected to shall be notified
shall be so indicated in the application. in writing stating therein that no objection was raised against his application
and that he need not appear on the date set for the hearing of his application.
Section 15. Election Registration Board.There shall be in each city and Physical presence of the applicant concerned shall, however, be mandatory
municipality as many as Election Registration Boards as there are election in all cases where objections against his application have been seasonably
officers therein. In thickly populated cities/municipalities, the Commission filed with the proper Election Registration Board for him to rebut or refute
may appoint additional election officers for such duration as may be evidence presented in opposition thereto.
necessary.
All applications for registration shall be heard and processed on a quarterly
The Board shall be composed of the Election Officer as chairman and as basis. For this purpose, the Election Registration Board shall meet and
members, the public school official most senior in rank and the local civil convene on the third Monday of April, July, October, and January of every
registrar, or in this absence, the city or municipal treasurer. calendar year, or on the next following working day if the designated days fail
on a non-working holiday, except in an election year to conform with the one
hundred twenty (120) days prohibitive period before election day. Should one delivery to the applicant and heads or representatives of registered political
day be sufficient for the processing of all accepted applications, the Board parties in the city or municipality.
shall adjourn from day to day until all the applications shall have been
processed. Section 22. Preservation of Voters Registration Records. The Election
Officer shall compile the original copies of the approved applications for
Section 18. Challenges to Right to Register. Any voter, candidate or registration per precinct and arrange the same alphabetically according to
representative of a registered political party may challenge in writing any surname. He shall preserve the book of voters and ensure its integrity. The
application for registration, stating the grounds therefor. The challenge shall second and third copies of the registration records shall be sent to the
be under oath and be attached to the application, together with the proof of provincial and national central files within three (3) days after the approval of
notice of hearing to the challenger and the applicant. the Board.
Oppositions to contest a registrants application for inclusion in the voters list Section 23. Provincial File. There shall be a provincial file consisting of the
must, in all cases, be filed not later than the second Monday of the month in duplicate copies of all registration records in each precinct of every city and
which the same is scheduled to be heard or processed by the Election municipality in the province. It shall be in the custody of the Provincial
Registration Board. Should the second Monday of the month fall on a non- Election Supervisor and shall be compiled and arranged by precinct, by
working holiday, oppositions may be filed on the next following working day. municipality and alphabetically by surnames of voters.
The hearing on the challenge shall be heard on the third Monday of the
month and the decision shall be rendered before the end of the month. Should the book of voters in the custody of the Election Officer be lost or
destroyed at a time so close to election day that there is no time to
Section 19. Power to Administer Oath and Issue Summons. For purposes of reconstitute the same, the corresponding book of voters in the provincial file
determining the right of the applicants to be registered as a voter, the shall be used during the voting.
Election Officer shall have the power to administer oath, issue subpoena
duces tecum and swear in witnesses. The fees and expenses incidental Section 24. National Central File.There shall be a national central file under
thereto shall be paid in advance by the party in whose behalf the summons is the custody of the Commission in Manila consisting of the third copies of all
issued. approved voter registration records in each city or municipality. It shall be
compiled by precinct in each city/municipality and arranged alphabetically by
Section 20. Approval and Disapproval of Application. The Election Officer surname so as to make the file a replica of the book of voters in the
shall submit to the Board all applications for registration filed, together with possession of the Election Officer. Thereafter a national list shall be prepared
the evidence received in connection therewith. The Board shall, by majority following the alphabetical arrangements of surnames of voters.
vote, approve or disapprove the applications.
There shall be a national file consisting of the computerized voters list (CVL),
Upon approval, the Election Officer shall assign a voters identification both in print and in diskette, submitted by the Election Officers in each city
number and issue the corresponding identification card to the registered and municipality concerned, under the custody of the Commission in Manila.
voter. If the Board disapproves the application, the applicant shall be
furnished with a certificate of disapproval stating the ground therefor. In The computerized voters list shall make use of a single and uniform
cases of approval or disapproval, any aggrieved party may file a petition for computer program that will have a detailed sorting capability to list voters
exclusion or inclusion, as the case may be, with the proper Municipal or alphabetically by the precincts where they vote, by the barangays,
Metropolitan Trial Court as provided for in this Act. municipalities, cities or provinces where they reside and by their voters
identification number (VIN).
Section 21. Publication of Action on Application for Registration. Within five
(5) days from approval or disapproval of application, the Board shall post a Section 25. Voters Identification Card. The voters identification card issued
notice in the bulletin board of the city or municipal hall and in the office of the to the registered voter shall serve as a document for his identification. In
Election Officer, stating the name and address of the applicant, the date of case of loss or destruction, no copy thereof may be issued except to the
the application, and the action taken thereon. The Election Officer shall registered voter himself and only upon the authority of the Commission.
furnish a copy of such notice personally, or by registered mail or special
The Commission shall adopt a design for the voters identification card which 3) The next two digits, 51, stand for the year of birth; and
shall be, as much as possible, tamper proof. It shall provide the following: the
name and address of the voter, his date of birth, sex, photograph, 4) The last three letters, BCD, stand for the name code, i.e.,
thumbmark, and the number of precinct where he is registered, the signature Bayani Cruz Davide.
of the voter and the chairman of the Election Registration Board and the
voters identification number (VIN).
The last three letters shall stand for the first letter of the first
name, the middle name, and the last name in that order.
Section 26. Voters Identification Number (VIN). The Commission shall
assign every registered voter a voters identification number (V1N) consisting
The Commission shall ensure that Part III hereof of the
of three parts, each separated by a dash. For example: 7501 -00191 -
voters identification number (VIN) shall be permanent and
C145BCD.
unique to each voter. If necessary, the Commission may
expand and modify the same.
a) Part 1: Current Address of the Voter
d) The combined birth and name code is assigned during the lifetime
1) the first two digits 75 stand for the province; and of every voter. Upon transfer of the voter to another precinct, the first
two parts of the VIN shall change.
2) The last two digits, 01, stand for the city, municipality, or a
district, particularly in Manila. Section 27. Deactivation of Registration. The board shall deactivate the
registration and remove the registration records of the following persons from
The code assignment for provinces, cities and municipalities the corresponding precinct book of voters and place the same, properly
shall follow the Urban Code devised by the National Census marked and dated in indelible ink, in the inactive file after entering the cause
and Statistics Office (NCSO). or causes of deactivation:
b) Part II: Current Precinct Assignment of the Voter a) Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one (1) year, such disability not
1) The first four digits, 0019, stand for the permanent having been removed by plenary pardon or amnesty: Provided,
number of the precinct where the voter is currently assigned: however, That any person disqualified to vote under this paragraph
and shall automatically reacquire the right to vote upon expiration of five
(5) years after service of sentence as certified by the clerks of courts
of the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts
2) The letter indicates whether it is a mother or a daughter
precinct. and the Sandiganbayan;
d) to accept an appointment, to assume office and to actually serve Section 47. Funding. The amount of Two billion pesos (2,000,000,000) is
as a member of the Election Registration Board although ineligible hereby included in the General Appropriations Act for the fiscal year 1997 to
thereto, to appoint such ineligible person knowing him to be defray the expenses for the registration activities.
ineligible;
Section 48. Multi-partisan Monitoring and Evaluation Committee. A
e) to interfere with, impede, abscond for purpose of gain or to Monitoring and Evaluation Committee is hereby created composed of seven
prevent the installation or use of computers and devices and the (7) members to be based on party representation of the seven (7) major
processing, storage, generation, and transmission of registration political parties that fielded presidential candidates in the 1992 synchronized
data or information; elections. The Committee is an ad hoc body attached to the Commission but
not subject to its supervision and control.
f) to gain, cause access to use, alter, destroy, or disclose any
computer data, program, system software, network, or any The task of the Committee is to monitor and evaluate the system, procedures
computer-related devices, facilities, hardware or equipment, whether or guidelines prepared by the Commission for the conduct of the general
classified or declassified; registration and the continuing system of registration in accordance with this
Act.
g) failure to provide certified voters and deactivated voters list to
candidates and heads of representatives of political parties upon The Committee shall prepare two reports outlining the findings and
written request as provided in Section 30 hereof; recommendations for immediate action or institution of corrective measures
by the Commission and/or Congress. The first report shall be submitted to
the Commission and Congress three (3) months before the holding of the
h) failure to include the approved application form for registration of a
qualified voter in the book of voters of a particular precinct or the general registration. The second report shall be due at the end of the year on
omission of the name of a duly registered voter in the certified list of the initial implementation of the system of continuing registration.
voters of the precinct where he is duly, registered resulting in his
failure to cast his vote during an election, plebiscite, referendum,
The amount not less than Fifty million pesos (P50,000,000) but not more
than One hundred million pesos (P100,000,000) is hereby allocated from the
Two billion pesos (P2,000,000,000) allocation provided in the preceding
section for the operations of the Committee. This amount shall be held in
trust by the Commission subject to the usual accounting and auditing
procedures.
Section 49. Rules and Regulations. - The Commission shall promulgate the
necessary rules and regulations to implement the provisions of this Act not
later than ninety (90) days before the first day of registration as provided for
in this Act.
Section 50. Separability Clause. - If any part of this Act is held invalid or
unconstitutional, the other parts or provisions hereof shall remain valid and
effective.
Section 51. Repealing Clause. - All laws, decrees, executive orders, rules
and regulations inconsistent with this Act are hereby repealed or modified
accordingly.
Section 52. Effectivity. This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.
Section 2. Definition of Terms. As used in this Act: Section 8. Reactivation. Those deactivated under the preceding section
may apply for reactivation after the May 2016 elections following the
procedure provided in Section 28 of Republic Act No. 8189.
(a) Commission refers to the Commission on Elections (COMELEC).
Section 9. Database Security. The database generated by biometric
(b) Biometrics refers to the quantitative analysis that provides a registration shall be secured by the Commission and shall not be used, under
positive identification of an individual such as voice, photograph, any circumstance, for any purpose other than for electoral exercises.
fingerprint, signature, iris and/or such other identifiable features.
Section 10. Mandatory Biometrics Registration. The Commission shall
(c) Data Capture Machine (DCM) is the device which captures the implement a mandatory biometrics registration system for new voters.
biometrics of an individual.
Section 11. Prohibited Acts. The following shall be election offenses
(d) Validation is the process of taking the biometrics of registered punishable under Sections 263 and 264 of Batas Pambansa Bilang 881, as
voters whose biometrics have not yet been captured. amended, otherwise known as the "Omnibus Election Code":
(e) Deactivation refers to the removal of the registration record of the (a) Any person who shall prohibit, impede, obstruct or prevent a
registered voter from the corresponding precinct book of voters for registered voter or a new voter from submitting his or her biometrics
failure to comply with the validation process as required by this Act. for capture through the use of force, intimidation or monetary
consideration; and
(f) Reactivation refers to the reinstatement of a deactivated voter.
(b) Any public official or person who, under the guise of
Section 3. Who Shall Submit for Validation. Registered voters whose implementing this Act, shall unjustifiably and without due process,
biometrics have not been captured shall submit themselves for validation. cause the deactivation or reactivation of any registered voter.
Section 4. Who Shall Conduct the Validation. The City or Municipal Section 12. Rules and Regulations. The Commission shall, within sixty
Election Officer shall conduct the validation. (60) days after the effectivity of this Act, promulgate the implementing rules
and regulations.1wphi1
Section 5. Commencement of Validation. The Commission shall conduct
validation beginning July 1, 2013, consistent with the continuing registration Section 13. Separability Clause. If any part of this Act is held invalid or
under Republic Act No. 8189. unconstitutional, the other parts or provisions hereof shall remain valid and
effective.
Section 14. Repealing Clause. All laws, decrees, executive orders, rules
and regulations inconsistent with this Act are hereby repealed or modified
accordingly.
Section 15. Effectivity Clause. This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.