Law Summary
Definitions of Key Terms
- Commission: Commission on Elections (COMELEC).
- Biometrics: Quantitative analysis for positive individual identification including voice, photograph, fingerprint, signature, iris, or other identifiable features.
- Data Capture Machine (DCM): Device for capturing biometric data.
- Validation: Process of capturing biometrics of registered voters not yet captured.
- Deactivation: Removal of a voter's registration record from the precinct list for non-compliance with validation.
- Reactivation: Reinstatement of a deactivated voter.
Scope of Validation
- Applies to all registered voters whose biometric data have not yet been captured.
Responsible Authorities for Validation
- Validation is conducted by City or Municipal Election Officers.
Schedule for Validation
- Validation commenced on July 1, 2013.
- It is aligned with the continuing registration process under Republic Act No. 8189.
Publication and Notification
- COMELEC must publish validation start in two newspapers of general circulation.
- City/Municipal Election Officers must send individual written notices by registered mail to affected voters.
- Lists of voters subject to validation must be posted on city/municipal bulletin boards and local COMELEC offices.
Deactivation Process
- Voters who fail to validate by the deadline (May 2016 election registration cutoff) shall be deactivated.
Reactivation Process
- Deactivated voters may apply for reactivation after the May 2016 elections.
- Procedures must follow Section 28 of Republic Act No. 8189.
Security and Use of Biometric Data
- COMELEC shall secure the biometric database.
- The data shall only be used for electoral exercises.
Mandatory Biometric Registration for New Voters
- COMELEC must implement mandatory biometric registration for all new voters.
Prohibited Acts and Penalties
- It is unlawful to prevent or impede voter biometric registration using force, intimidation, or money.
- Public officials or any persons unlawfully causing deactivation/reactivation without due process are liable.
- Violations are punishable under Sections 263 and 264 of the Omnibus Election Code (Batas Pambansa Bilang 881).
Rules and Regulations
- COMELEC must issue implementing rules and regulations within sixty (60) days of the Act's effectivity.
Separability Clause
- If any part of the Act is declared invalid or unconstitutional, the remainder remains effective.
Repealing Clause
- All inconsistent laws, decrees, executive orders, rules, and regulations are repealed or modified accordingly.
Effectivity
- The law takes effect fifteen (15) days after publication in at least two newspapers of general circulation.