Title
Supreme Court
Voter Registration Law: System and Procedures
Law
Republic Act No. 8189
Decision Date
Jun 11, 1996
Republic Act No. 8189 establishes a comprehensive system for the general and continuing registration of voters, ensuring a clean, permanent, and updated list of eligible voters while outlining the procedures for registration and disqualification criteria.

Law Summary

Scope and Definitions

  • Registration: Filing sworn application before local election officer, approved by Election Registration Board.
  • Registration Record: Approved registration application.
  • Book of Voters: Compilation of registration records per precinct.
  • List of Voters: Certified enumeration of registered voters per precinct for use in elections.
  • Illiterate/Disabled persons: Cannot prepare application themselves due to disability or illiteracy.
  • Key bodies: Commission on Elections (COMELEC), Election Registration Board, Election Officers.
  • Precincts and related terms defined for election administration.

Permanent List of Voters

  • Maintained per precinct with additions/deletions for updates.
  • Precinct maps to be posted locally.
  • Precinct assignments immutable without voter’s written consent, violation is an election offense.

Establishment and Arrangement of Precincts

  • New precinct maps prepared before registration; old precincts abolished.
  • Precincts limited to 200 voters max; new "spin-off" precincts created automatically.
  • Minimum one precinct per barangay, contiguity and compactness required.
  • Merger and splitting rules with deadlines and procedures to maintain integrity.

General and Continuing Registration

  • General registration scheduled in 1997 post-barangay elections; prior listings become ineffective.
  • Continuing registration conducted daily except within specified pre-election blackout periods.

Voter Qualifications

  • Filipino citizens, 18 years or older, with residency conditions.
  • Exceptions for temporary absence due to employment, education, military, detention.
  • Persons not meeting qualifications at registration but qualifying by election day may register.

Registration Procedure

  • Personal application in prescribed form with detailed personal data.
  • Includes specimen signatures, thumbprints, photos taken at Commission’s expense.
  • Election Officer must ensure completeness and inform applicant of qualifications.

Disqualifications from Registration

  • Persons sentenced to imprisonment of 1+ year unless rights restored or after 5 years post-sentence.
  • Persons convicted of crimes against government unless rights restored, with similar re-acquisition.
  • Insane or incompetent persons unless declared competent later.

Change of Residence and Address

  • Registered voters transferring cities/municipalities apply for transfer; requires notice, hearing, and board approval.
  • Within same city/municipality, voters must notify change of address; precinct changes handled accordingly.

Handling Illiterate or Disabled Applicants

  • Assistance provided by Election Officer or accredited citizens’ arms.
  • Formal oath and attestation procedures to ensure accuracy and voluntariness.
  • Physical disability applications may be prepared by relatives or authorized persons.

Composition and Functions of Election Registration Board

  • Chaired by Election Officer; includes senior public school official and local civil registrar or treasurer.
  • Disqualifications based on consanguinity with officials.
  • Registered political parties entitled to watchers.

Compensation for Board Members

  • Honorarium of P200 per day, adjustable every three years.
  • No travel expenses provided.

Notice, Hearing, and Challenges

  • Notice of application hearings posted publicly and furnished to stakeholders.
  • Applicant’s presence mandatory if objections filed.
  • Quarterly board meetings for processing applications.
  • Challenges must be in writing, under oath, filed by specific deadlines.

Powers of Election Officer

  • May administer oaths, subpoena witnesses and documents concerning registration applications.

Approval, Disapproval, and Publication

  • Board approves/disapproves applications by majority vote.
  • Approved applicants assigned VIN and issued ID card.
  • Disapproved applicants furnished certificate of disapproval with grounds.
  • Decisions published and copies sent to applicant and political parties.

Preservation and Transmission of Records

  • Copies of approved applications compiled and preserved by precinct.
  • Provincial and national central files maintained for backup.
  • Provincial file used if precinct book lost near Election Day.

Voter’s Identification Card and Number

  • ID card includes personal info, photo, thumbmark, signatures, precinct, and VIN.
  • Issued only to registered voters; replacement only to registered voter upon Commission authority.
  • VIN structure: Current address code, precinct assignment, permanent birth and name code unique to voter.
  • VIN Part III is permanent; parts I and II change if precinct or address changes.

Deactivation of Registration

  • For convictions, loss of rights, insanity, failure to vote in two successive regular elections, court orders, loss of citizenship.
  • Relevant agencies must provide certified lists for deactivation.
  • Public posting and notification to political parties required.

Reactivation of Registration

  • Affected voters may file affidavit to reactivate registration provided disqualifying conditions no longer exist.
  • Deadlines apply before elections.
  • Notification to political parties on approvals.

Cancellation of Registration upon Death

  • Certified list of deaths supplied monthly to Election Officer and central files.
  • Public posting and notification to political parties.

Preparation and Posting of Certified Voter Lists

  • Certified lists prepared and posted 90 days before regular, 60 days before special elections.
  • Copies furnished to local, provincial, regional, national offices, political parties, and candidates.
  • Lists made available at polling places on Election Day.

Sealing and Custody of Precinct Books

  • Books verified and sealed at campaign period start.
  • Custody retained until delivered to Board of Election Inspectors for Election Day use.

Judicial Proceedings on Inclusion/Exclusion

  • Specified procedures for petition filing, notice, hearings, and decision timelines.
  • Jurisdiction vested in Municipal/Metropolitan Trial Courts with appeals to Regional Trial Courts.
  • Decisions are final and must be rendered before elections.

Verification of Registered Voters

  • Election Officers may conduct mail or house-to-house canvass to verify voter lists.
  • Assistance from political parties, NGOs, civic groups, and barangay officials permitted.

Correction and Reinstatement of Voter Names

  • Procedures for voters inadvertently excluded or misnamed to apply for correction or reinstatement.
  • Court petitions available if Board action denied or delayed.

Annulment and Reconstitution of Records

  • Commission may annul voter books for fraud or irregularities after hearing, except within 90 days before election.
  • Lost/destroyed records reconstituted using provincial or national files; general registration if needed.
  • Reconstituted records marked accordingly.

Public Examination and Access to Records

  • Registration records open for public examination during office hours without fees.
  • Law enforcement access regulated.
  • Political parties authorized to inspect and copy records at their expense.

Computerized Voters List

  • Commission to maintain computerized, precinct-arranged lists.
  • Official certified printouts used in elections and research.

Election Officer Reassignment

  • No election officer shall serve more than four years in same city/municipality.
  • Automatic reassignment enforced after four years.

Election Offenses and Sanctions

  • Includes illegal handling of ID cards, failure to post notices, illegal issuance or cancellation of VIN or ID, ineligible board membership, interference with data, failure to provide voter lists, posting tampered lists, etc.
  • Penalties: Imprisonment 1 to 6 years, disqualification, deprivation of suffrage; fines for political parties; deportation for foreigners.

Appropriations and Monitoring

  • P2 billion allocated for registration activities in 1997.
  • A seven-member multi-partisan Committee created to monitor and evaluate registration system.
  • Committee prepares reports with recommendations for Commission and Congress.
  • P50–100 million allocated for Committee operations.

Rulemaking, Separability, and Effectivity

  • COMELEC to promulgate implementing rules 90 days before registration.
  • Invalid provisions do not affect remaining valid parts.
  • Conflicting laws repealed.
  • Act effective 15 days after publication in two newspapers.

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