Voter Registration Law: System and Procedures

State policy and purpose

Section 2 declares the State’s policy to systematize the existing voter registration method to produce a clean, complete, permanent and updated list of voters.

Core definitions and key terms

Section 3 defines “Registration” as the act of accomplishing and filing a sworn application for registration before the election officer of the city or municipality where the voter resides, including the record in the book of registered voters upon approval by the Election Registration Board.
Section 3 defines “Registration Record” as an approved application by the Election Registration Board.
Section 3 defines “Book of Voters” as the compilation of all registration records in a precinct.
Section 3 defines “List of Voters” as the precinct enumeration of names certified by the Election Registration Board for election use.
Section 3 defines “Illiterate or Disabled person” as one who cannot by himself prepare an application because of physical disability and/or inability to read and write.
Section 3 defines the Commission as COMELEC and the Election Registration Board as the body constituted to act on registration applications.

Precinct system and permanent lists

Section 4 requires a permanent list of voters per precinct in each city or municipality, consisting of all registered voters residing within the precinct’s territorial jurisdiction shown by precinct maps, and requires an addition/deletion list for updating.
For the 1997 general registration, COMELEC must prepare and post all precinct maps nationwide; individual precinct maps must be posted five days before the 1997 general registration at the door of each polling place; thereafter, the Election Officer must display precinct maps throughout the year in the Election Officer’s office and the city or municipal hall bulletin board.
A voter’s precinct assignment in the permanent list cannot be changed or transferred to another precinct without the voter’s express written consent, and withholding consent unreasonably triggers an election offense punishable under law (Section 4).
Section 5 mandates that, for 1997, updated precinct maps are drawn nationwide and precincts from preceding elections are deemed abolished upon completion of the new precinct maps.
Section 5 provides that only original precincts are created for the general registration, while spin-off (daughter) precincts may be created after the regular elections of 1998 to accommodate additional voters.
Section 5 establishes permanent precinct numbering: original mother precincts use an Arabic numeral plus the letter “A”; spin-off/daughter precincts use the same numeral plus letters starting with “B” onward.
Section 5 prohibits altering precinct territory or establishing a new precinct at the start of the election period and allows splitting or merging of original precincts only if precinct maps are redrawn one hundred twenty (120) days before election day.
Section 6 requires every barangay to have at least one (1) precinct.
Section 6 limits each precinct to no more than two hundred (200) voters and requires precincts to comprise contiguous and compact territories.
Section 6 allows fewer than 200 registered voters when (1) a precinct reaches the 200-limit and the Commission creates a spin-off/daughter precinct automatically, followed by a separate list prepared by the Election Officer, or (2) an island or group of islands with fewer than 200 voters may constitute one (1) original precinct.
Section 6 requires announcements of precinct alterations by conspicuous posting in the precinct, the Election Officer’s office, and the city/municipal hall, and by providing political parties and candidates the precinct list at the start of the campaign period.
Section 6 allows consolidation/merger of at most three (3) precincts only if computerized counting is implemented and only if the merger is effected ninety (90) days before election day.

General and continuing registration

Section 7 ends the effectivity of the existing certified list of voters immediately after the 1997 barangay elections.
Section 7 requires a general registration for voters before the Board of Election Inspectors on June 14, 15, 21 and 22 and, subject to the discretion of the Commission, on June 28 and 29, 1997, for the May 1998 elections and all subsequent elections, plebiscites, referenda, initiatives, and recalls.
Section 8 establishes continuing registration through daily personal filing of applications at the Election Officer’s office during regular office hours.
Section 8 prohibits registration during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election.

Who may register and registration process

Section 9 allows all Philippine citizens not disqualified by law who are at least eighteen (18) years of age, and who have resided in the Philippines for at least one (1) year and in the place where they propose to vote for at least six (6) months immediately preceding the election to register.
Section 9 provides that temporary residence elsewhere for occupation, profession, employment in private or public service, educational activities, work in military or naval reservations within the Philippines, service in the Armed Forces, service in the National Police Forces, or confinement/detention in government institutions does not constitute loss of original residence.
Section 9 allows registration by a person who has not yet met age or residence requirements on the day of registration but will have them on the day of the election.
Section 10 requires a qualified voter to be registered in the permanent list of voters in the precinct of his residence for voting in any election.
Section 10 requires the voter to personally accomplish an application form in three (3) copies before the Election Officer on any date during office hours after acquiring voter qualifications.
Section 10 requires the application to contain the following data: name (including surname, middle name and/or maternal surname), sex, date and place of birth, citizenship, civil status (including spouse’s name if married), profession/occupation/work, periods of residence in the Philippines and place of registration, exact address (street and house number for precinct maps maintained by the local Commission office, or if none then brief description with sitio and barangay), a statement that the applicant possesses all qualifications, a statement that the applicant is not a registered voter of any precinct, and any further information required by the Commission.
Section 10 requires three (3) specimen signatures, clear and legible rolled prints of the left and right thumbprints, and four (4) identification size copies of the latest photograph attached at the expense of the Commission.
Section 10 requires the Election Officer to inform the applicant of voter qualifications and disqualifications before the application is accomplished, and to ensure that required data and biometric materials (signatures, fingerprints, photographs) are properly affixed in all copies.

Disqualification and transfer/change of data

Section 11 disqualifies registration for: (1) persons sentenced by final judgment to imprisonment of not less than one (1) year unless disability is removed by plenary pardon or amnesty, with automatic reacquisition of the right to vote after five (5) years from service of sentence; (2) persons finally adjudged for crimes involving disloyalty to the government such as rebellion, sedition, violation of firearms laws, or crimes against national security unless restored to full civil and political rights, with automatic reacquisition after five (5) years from service of sentence; and (3) insane or incompetent persons declared as such by competent authority unless later declared no longer insane or incompetent.
Section 12 allows a registered voter who transfers residence to another city/municipality to apply for transfer of registration records with the Election Officer of the new residence.
Section 12 requires notice and hearing and Election Registration Board approval for transfer; after approval and notice to the former Election Officer, the former Election Officer must transmit the registration record by registered mail to the new Election Officer.
Section 13 requires voters who change address within the same city/municipality to immediately notify the Election Officer in writing.
Section 13 requires precinct-book transfer of the registration record and notice to the voter when the address change involves a precinct change, and requires all changes of address to be reported to the provincial election supervisor and the Commission in Manila.
Section 14 provides special registration procedure for illiterate or disabled applicants: the Election Officer or an accredited citizen’s arm assists by oath-taking, recording answers, reading the accomplished form aloud back to the assisted person, and having the applicant subscribe by thumbmark or customary mark in the presence of the Board.
Section 14 requires the attestation to state the person assisted, the Election Officer or assisting member, that the applicant was placed under oath, that the form was read aloud, and that the applicant affirmed truth and accuracy by thumbmark or customary mark in the presence of the Board.
Section 14 allows registration for physically disabled persons to be prepared by any relative within the fourth civil degree of consanguinity or affinity, or by the Election Officer or an accredited citizen’s arm using the applicant’s data.
Section 14 requires that illiteracy or disability be indicated in the application.

Election Registration Board composition and compensation

Section 15 provides that each city and municipality has as many Election Registration Boards as there are election officers therein; for thickly populated cities/municipalities, the Commission may appoint additional election officers as necessary.
Section 15 mandates the Board’s composition: the Election Officer as chairman, plus the public school official most senior in rank and the local civil registrar (or, in his absence, the city or municipal treasurer).
Section 15 requires the Commission to designate an acting Election Officer as chairman if the Election Officer is disqualified.
Section 15 requires the Commission to substitute if the Local Civil Registrar or Municipal Treasurer is disqualified or unavailable, by appointing another appointive civil service official from the same locality.
Section 15 prohibits related Board members within the fourth civil degree of consanguinity or affinity, and prohibits relation to any incumbent elective city or municipal official; if newly elected officials are related within the fourth civil degree to a Board member in succeeding elections, the Board member is automatically disqualified.
Section 15 grants every registered party and authorized organizations the right to a watcher in every registration board.
Section 16 gives each Board member an honorarium of PHP 200 for each day of actual service rendered, adjustable every three (3) years by the Commission, and bars traveling expenses.

Notice, hearing, objections, and Board action

Section 17 requires that upon receipt of applications, the Election Officer sets them for hearing, posts notice in the city/municipal bulletin board and Election Officer’s office for at least one (1) week before hearing, and furnishes copies to the applicant, heads/representatives of political parties, and other accredited electoral-process groups in the city or municipality.
Section 17 requires evidence for and against the applicant to be received on the hearing date.
Section 17 requires written notice to registrants whose application is not seasonably objected to, stating no objection was raised and that appearance is unnecessary.
Section 17 makes physical presence mandatory for the applicant in cases where seasonable objections are filed to rebut evidence presented.
Section 17 requires registration applications to be heard and processed quarterly and mandates Board meetings on the third Monday of April, July, October, and January, moving to the next working day if the designated days fall on a non-working holiday, except in election years to conform with the one hundred twenty (120) days prohibitive period before election day.
Section 17 allows day-to-day adjournments until all accepted applications are processed if one day is insufficient.
Section 18 allows any voter, candidate, or representative of a registered political party to challenge an application in writing under oath, attaching it to the application, with proof of notice of hearing to challenger and applicant.
Section 18 requires oppositions to be filed no later than the second Monday of the month in which the application is scheduled for hearing/processing, allowing filing on the next working day if the second Monday falls on a non-working holiday.
Section 18 requires the hearing on challenges to be conducted on the third Monday of the month and requires decision before the end of the month.
Section 19 gives the Election Officer authority to administer oath, issue subpoena duces tecum, and swear in witnesses for determining applicants’ right to be registered; fees and expenses must be paid in advance by the party requesting the summons.
Section 20 requires the Election Officer to submit applications and related evidence to the Board; the Board decides by majority vote to approve or disapprove.
Section 20 requires approval to result in assignment of a VIN and issuance of the voter identification card.
Section 20 requires disapproval to result in a certificate of disapproval stating the ground.
Section 20 allows any aggrieved party to file a petition for exclusion or inclusion with the proper Municipal or Metropolitan Trial Court as provided for in the Act.

Publication, record preservation, and files

Section 21 requires that within five (5) days from approval or disapproval, the Board posts a notice in the city/municipal hall bulletin board and Election Officer’s office stating the applicant’s name and address, application date, and action taken.
Section 21 requires the Election Officer to furnish notice personally, or by registered mail or special delivery, to the applicant and heads/representatives of registered political parties.
Section 22 requires the Election Officer to compile original approved applications per precinct, alphabetically by surname, preserve the book of voters, ensure its integrity, and send the second and third copies to provincial and national central files within three (3) days after Board approval.
Section 23 establishes a provincial file consisting of duplicate copies for each precinct in each city/municipality in the province, in the custody of the Provincial Election Supervisor and arranged by precinct, municipality, and alphabetically by surnames.
Section 23 provides that if the Election Officer’s book of voters is lost or destroyed too close to Election Day to reconstitute, the corresponding provincial file book is used during voting.
Section 24 creates a national central file under COMELEC in Manila containing third copies, compiled per precinct and arranged alphabetically by surname as a replica of the Election Officer’s book, and requires a national list following alphabetical surname arrangement.
Section 24 requires a computerized voters’ list (CVL) in print and in diskette submitted by Election Officers to COMELEC for custody.
Section 24 requires the CVL to use a single uniform computer program capable of sorting voters alphabetically by precinct, barangay, municipality/city/province of residence, and VIN.

Identification number and card

Section 25 provides that the voter identification card serves as the voter’s identification document.
Section 25 forbids issuance of copies in cases of loss or destruction except to the registered voter himself and only upon COMELEC authority.
Section 25 requires COMELEC to adopt a tamper-proof design as much as possible and to include: voter’s name and address, date of birth, sex, photograph, thumbmark, number of precinct where registered, voter signature, chairman signature, and VIN.
Section 26 requires COMELEC to assign each registered voter a VIN consisting of three parts separated by dashes and mandates its structure:
- Part I encodes current address: first two digit province code and last two digit city/municipality or district code in Manila, using Urban Code devised by NCSO.
- Part II encodes current precinct assignment: first four digits for permanent precinct number and a letter indicating mother or daughter precinct, with precinct numbers permanent but allowing voter transfer; VIN reflects current precinct assignment.
- Part III encodes permanent birth and unique name code: letter indicates month (A January, B February, etc.), followed by birth date digits, year digits, and last three letters as name code formed from first/middle/last name initials in order.
Section 26 requires Part III to be permanent and unique to each voter, and allows COMELEC to expand/modify if necessary.
Section 26 provides that the combined birth and name code is assigned during the voter’s lifetime; upon transfer to another precinct, the first two VIN parts change.

Deactivation, reactivation, and cancellation

Section 27 requires the Board to deactivate registration and remove records from the precinct book, marking the inactive file in indelible ink with causes of deactivation for:
- persons sentenced by final judgment to imprisonment for not less than one (1) year, absent removal by plenary pardon/amnesty, with automatic reacquisition after five (5) years from service as certified by court clerks including the Sandiganbayan;
- persons finally adjudged for crimes involving disloyalty such as rebellion, sedition, violation of anti-subversion and firearms laws, or any crime against national security, unless restored to full civil and political rights, with automatic reacquisition after five (5) years from service;
- persons declared insane or incompetent by competent authority unless later removed by a proper authority declaration;
- persons who did not vote in the two (2) successive preceding regular elections (excluding SK elections);
- persons whose registration is ordered excluded by court; and
- persons who lost Filipino citizenship.
Section 27 requires clerks of court (including Municipal/Metropolitan/Regional Trial Courts and Sandiganbayan) to furnish the Election Officer at end of each month with a certified list of persons disqualified under these categories with their addresses.
Section 27 authorizes COMELEC to request certified lists from other government agencies for loss of citizenship and declarations of insanity/incompetence.
Section 27 requires the Election Officer to post a certified list of deactivated persons and reasons on the bulletin board and to furnish copies to local political party heads, the national central file, provincial file, and the voter concerned.
Section 28 allows a deactivated voter to apply for reactivation by sworn application/affidavit stating grounds no longer exist, filed in the form prescribed, no later than one hundred twenty (120) days before a regular election and ninety (90) days before a special election.
Section 28 requires the Election Officer to submit the application to the Election Registration Board for action, and if approved, to retrieve the record from the inactive file and include it in the precinct book of voters, with proper notification to local political party heads/representatives.
Section 29 requires cancellation of registration records of those who have died as certified by the Local Civil Registrar.
Section 29 requires Local Civil Registrar to submit monthly certified lists of persons who died during the previous month to the Election Officer where the persons are registered, and if the place of registration is unknown, to send the list to the Election Officer of the deceased’s residence appearing in the death certificate.
Section 29 requires furnishing copies of such lists to the national central file and the proper provincial file.
Section 29 requires the Election Officer to post a list of cancelled-death registrations and furnish copies to local heads of political parties, the national central file, and the provincial file.

Certified list timing, sealing books, and election day readiness

Section 30 requires the Board to prepare and post a certified list of voters ninety (90) days before a regular election and sixty (60) days before a special election, and furnish copies to provincial, regional and national central files.
Section 30 requires candidates and heads of registered political parties to be furnished copies upon payment of fees fixed by the Commission.
Section 30 requires additional postings: the certified list and a certified list of deactivated voters categorized by precinct per barangay in the office of the Election Officer and city/municipal hall bulletin board within the same posting period.
Section 30 requires furnishing two (2) certified copies of the certified list plus the list of deactivated voters to the Board of Election Inspectors for posting in the polling place and reference on Election Day.
Section 31 requires the Board to notify political parties and Board of Election Inspectors to inspect and verify completeness of precinct book records within fifteen (15) days before the start of the campaign period.
Section 31 requires sealing of the book of voters in the presence of Election Inspectors and party representatives after verification and certification, and requires the Board to take custody until distribution to Election Inspectors on election day.
Section 31 requires delivery of the sealed precinct book of voters to the chairman of the Board of Election Inspectors when securing official ballots and other election paraphernalia.

Judicial inclusion/exclusion and corrections

Section 32 governs common rules for judicial proceedings on inclusion, exclusion, and correction of voters:
- petitions must be filed during office hours;
- notice of place/date/time must be served on Board members and the challenged voter upon filing, by personal delivery, by leaving notice with a discreet person in the challenged voter’s residence, by registered mail, or if not practicable by bulletin posting in the city/municipal hall and in two (2) other conspicuous places;
- a petition covers only one (1) precinct and must implead the Board as respondents;
- no costs are assessed, but if the court finds filing was solely to harass and cause expenses, it must order the culpable party to pay costs and incidental expenses;
- affected voters/candidates/political parties may intervene and present evidence;
- the decision must be based on evidence and never rendered on stipulation of facts, and if the question is whether the voter is real or fictitious, non-appearance on the hearing day is prima facie evidence the challenged voter is fictitious;
- petitions must be heard and decided within ten (10) days from filing; RTC appeals must be decided within ten (10) days from receipt; courts must decide petitions not later than fifteen (15) days before election and decisions become final and executory.
Section 33 grants Municipal and Metropolitan Trial Courts original and exclusive jurisdiction over inclusion/exclusion cases in their respective cities or municipalities.
Section 33 provides that MTTC/MTC decisions may be appealed to the Regional Trial Court within five (5) days from receipt of notice; otherwise the decision becomes final and executory.
Section 33 requires the RTC to decide within ten (10) days from receipt and the decision becomes immediately final and executory; it bars motions for reconsideration.
Section 34 allows a person whose registration application was disapproved by the Board or whose name was stricken to petition for inclusion in his precinct at any time except 105 days before a regular election or 75 days before a special election, requiring a certificate of disapproval and proof of service of notice on the Board.
Section 34 requires decisions within fifteen (15) days after filing; if inclusion is ordered, the Board must place the previously disapproved application in the corresponding book and indicate the order date and issuing court on the registration application.
Section 35 allows a registered voter, political party representative, or the Election Officer to file a sworn petition for exclusion stating name, address, and precinct at any time except 100 days before a regular election or 65 days before a special election, with proof of notice to Board and challenged voter.
Section 35 requires decisions within ten (10) days from filing; if exclusion is ordered, the Board must remove the record from the precinct book, record the order of exclusion, and transfer the record to the inactive file.
Section 37 permits a registered voter not included or included with wrong/misspelled name to apply for reinstatement or correction with the Board; if denied or unacted upon, the voter may petition a proper trial court anytime, attaching certified copies of registration record/identification card or prior entry in certified list, proof of denial or inaction, and proof of notice to the Board.
Section 38 permits a registered voter whose record was not included in the precinct book, whose name was omitted in the list, or whose name appears with wrong/misspelling to apply with the Board for inclusion or reinstatement/correction; if denied or unacted upon, the voter may petition the proper Municipal Circuit, Municipal or Metropolitan Trial Court with certified copies and proof of denial/in-action and notice.

Annulment, reconstitution, and record access

Section 39 allows the Commission, upon verified petition of any voter, election officer, or duly registered political party and after notice and hearing, to annul any book of voters that is not prepared in accordance with the Act or was prepared through fraud, bribery, forgery, impersonation, intimidation, force, similar irregularity, or contains statistically improbable data.
Section 39 prohibits execution of any order annulling a book of voters within 90 days before an election.
Section 40 requires the Commission to reconstitute lost or destroyed registration records using corresponding provincial or national central files; if there is conflict, the Commission determines which file controls.
Section 40 provides that if reconstitution is not feasible, the Commission conducts a general registration in the affected area with the condition that there is a scheduled election before the next scheduled general registration per the Omnibus Election Code; all voters retain their VIN and reconstituted forms are clearly marked “reconstituted.”
Section 40 requires the Election Officer to immediately report loss or destruction of records to the Commission.
Section 40 states that reconstitution of lost/destroyed records does not affect criminal liability of persons responsible for the loss or destruction.
Section 41 grants public access for legitimate election-related inquiries to examine registration records/CVL during regular office hours without charge or access fee.
Section 41 allows law enforcement agencies, upon prior authorization and subject to Commission regulations, to access registration records necessary to and in aid of investigative functions.
Section 42 grants a duly authorized representative of a registered political party of a bona fide candidate the right to inspect and/or copy at their expense accountable registration forms and/or precinct lists within the constituency of the bona fide candidate or where the party fields candidates.
Section 42 restricts inspection/copying to business hours of the Commission and subjects it to reasonable regulations.
Section 43 requires COMELEC to prepare a permanent and computerized list arranged by precinct, city/municipality, province and region, and then a second list arranged alphabetically by surnames.
Section 43 provides that certified computer print-outs of the voters’ list