Philippine Voter Registration and Procedures Act

Policy, purpose, and declared intent

Section 2 declares it to be the policy of the State to systematize voter registration to establish a clean, complete, permanent, and updated list of voters.

Definitions governing voter registration

Section 3 defines “Registration” as the act of accomplishing and filing a sworn application for registration by a qualified voter before the election officer of the city or municipality wherein he resides, and including it in the book of registered voters upon approval by the Election Registration Board.
Section 3 defines “Registration Record” as an application for registration duly approved 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 enumeration of names of registered voters in a precinct duly certified by the Election Registration Board for use in the election.
Section 3 defines “Illiterate or Disabled person”, “Commission” (COMELEC), “Election Registration Board”, and “Voter’s Identification Number (VIN)”.
Section 3 defines “Political Parties,” “Precinct,” “Precinct Maps,” “Polling place,” “Voting center,” “Election Officer,” and “Board of Election Inspectors.”
Section 3 states “VIN” is a number assigned by COMELEC to a registered voter and consists of three (3) parts: (1) current address, (2) current precinct assignment, and (3) permanent birth and name code unique to every voter.

Permanent list and precinct mapping rules

Section 4 establishes a permanent list of voters per precinct in each city or municipality consisting of all registered voters residing within the territorial jurisdiction of each precinct as indicated by precinct maps.
Section 4 requires the permanent precinct-level list to be accompanied by an addition/deletion list for updating.
For the 1997 general registration, COMELEC must cause preparation and posting of all precinct maps in every barangay nationwide, and must post individual precinct maps five (5) 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 his office and the city/municipal bulletin board.
Section 4 provides that a voter’s precinct assignment in the permanent list shall not be changed, altered, or transferred to another precinct without the voter’s express written consent.
Section 4 provides that withholding consent unreasonably constitutes an election offense punished in accordance with law.
Section 5 provides that, for 1997 general registration, COMELEC shall draw updated precinct maps nationwide; upon completion of new precinct maps, all precincts established in preceding elections are deemed abolished.
Section 5 provides that 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 imposes precinct numbering using Arabic numerals and letters of the English alphabet: mother precincts use letter “A,” and spin-off/daughter precincts use the same numeral and letter sequence starting with “B.”
Section 5 prohibits altering territory comprising an election precinct or establishing a new precinct at the start of the election period.
Section 5 prohibits splitting an original precinct or merging two or more original precincts unless precinct maps are redrawn one hundred twenty (120) days before election day.
Section 6 requires each barangay to have at least one (1) precinct and each precinct to have no more than two hundred (200) voters and comprise contiguous and compact territories.
Section 6 allows precincts to have less than 200 registered voters if: (a) a spin-off/daughter precinct is automatically created when the 200-limit is reached, with a separate list of new voters prepared by the Election Officer; or (b) an island or group of islands with less than two hundred (200) voters may comprise one (1) original precinct.
Section 6 requires alterations to be announced by posting notice in a conspicuous place in the precinct, in the election officer’s office, and in the city/municipal hall, and by providing political parties and candidates a list of all precincts 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 requires the merger to be effected ninety (90) days before election day.
Section 7 provides that immediately after the barangay elections in 1997, the existing certified list of voters ceases to be effective and operative.
Section 7 requires COMELEC to undertake general registration for May 1998 elections and all subsequent elections, plebiscites, referenda, initiatives, and recalls, before the Board of Election Inspectors on June 14, 15, 21 and 22, 1997, and, subject to COMELEC discretion, on June 28 and 29, 1997.

Continuing registration and when it is barred

Section 8 requires personal filing of applications for registration daily in the Election Officer’s office during regular office hours.
Section 8 prohibits conducting 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 residency qualifications

Section 9 allows all Philippine citizens not otherwise disqualified by law, at least eighteen (18) years of age, 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 due to occupation, profession, employment (private or public), educational activities, work in military or naval reservations in the Philippines, service in the Armed Forces of the Philippines, National Police Forces, or confinement/detention in government institutions does not cause loss of original residence.
Section 9 allows a person who has not yet reached the required age or residence period on the day of registration but who will have the qualifications on election day to register.

Application process and required contents

Section 10 provides that a qualified voter shall be registered in the permanent list of voters in the precinct of the city or municipality where he resides to vote in any election.
Section 10 requires a qualified voter to personally accomplish an application form prescribed by COMELEC 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:
- Name, surname, middle name, and/or maternal surname;
- Sex;
- Date, and place of birth;
- Citizenship;
- Civil status and, if married, spouse’s name;
- Profession, occupation or work;
- Periods of residence in the Philippines and in the place of registration;
- Exact address with street name and house number for location in precinct maps (or a brief description including sitio and barangay if there is no precinct map);
- A statement the applicant possesses all voter qualifications;
- A statement the applicant is not a registered voter of any precinct; and
- Such other information or data as COMELEC requires.
Section 10 requires three (3) specimen signatures, clear and legible rolled prints of left and right thumbprints, and four (4) identification size copies of the latest photograph attached to the application; the photographs must be taken at the expense of the Commission.
Section 10 requires the Election Officer to inform the applicant of voter qualifications and disqualifications before accomplishment of the application and to ensure the application contains all required data and that signatures, fingerprints, and photographs are properly affixed in all copies.

Disqualification and removal of voting rights

Section 11 disqualifies from registering any person sentenced by final judgment to suffer imprisonment of not less than one (1) year, unless the disability is removed by plenary pardon or amnesty.
Section 11 provides that a person disqualified under the imprisonment rule automatically reacquires the right to vote upon expiration of five (5) years after service of sentence.
Section 11 disqualifies from registering any person adjudged by final judgment to have committed crimes involving disloyalty to the government (such as rebellion, sedition, violation of firearms laws, or any crime against national security), unless restored to full civil and political rights in accordance with law.
Section 11 provides that a person disqualified under the disloyalty-crime rule automatically reacquires the right to vote upon expiration of five (5) years after service of sentence.
Section 11 disqualifies insane or incompetent persons declared as such by competent authority unless subsequently declared by proper authority that they are no longer insane or incompetent.

Residence transfer and address change

Section 12 allows a registered voter who transfers residence to another city or municipality to apply with the Election Officer of the new residence for transfer of registration records.
Section 12 requires the transfer application to be processed under notice and hearing and approved by the Election Registration Board in accordance with the Act.
Section 12 requires, after approval and notice to the Election Officer of the former residence, the former Election Officer to transmit the voter’s registration record by registered mail to the Election Officer of the new residence.
Section 13 requires a voter who changes address within the same city or municipality to notify the Election Officer in writing immediately.
Section 13 requires the Board to transfer the voter’s registration record to the precinct book of voters of the new precinct if the address change involves precinct change and to notify the voter of the new precinct.
Section 13 requires all changes of address to be reported to the office of the provincial election supervisor and the Commission in Manila.

Registration assistance for illiterate or disabled

Section 14 allows an illiterate person to register with assistance of the Election Officer or any member of an accredited citizens’ arm.
Section 14 requires the Election Officer to place the illiterate person under oath, ask questions, and record answers in the presence of the majority of the Board to accomplish the application form.
Section 14 requires the assister to read the accomplished form aloud to the person assisted and to ask if the information is true and correct.
Section 14 requires subscription by thumbmark or other customary mark in the presence of the Board and attestation by a majority of Board members.
Section 14 requires the attestation to state: name of person assisted; name of Election Officer or assisting member; that the applicant was placed under oath; that the accomplished form was read aloud; and that the applicant affirmed truth and accuracy by thumbmark or customary mark in presence of the Board.
Section 14 allows registration of a physically disabled person by any relative within the fourth civil degree of consanguinity or affinity or by the Election Officer or any member of an accredited citizen’s arm using data supplied by the applicant.
Section 14 requires that the fact of illiteracy or disability be indicated in the application.

Election Registration Board composition and watchers

Section 15 provides that each city and municipality has as many Election Registration Boards as there are election officers therein.
Section 15 allows COMELEC to appoint additional election officers for thickly populated cities/municipalities for such duration as necessary.
Section 15 establishes each Board composition: Election Officer as chairman; public school official most senior in rank; and local civil registrar or, in his absence, the city or municipal treasurer.
Section 15 provides for substitutes if the Election Officer is disqualified, and provides that if the Local Civil Registrar or Municipal Treasurer is disqualified or unavailable, COMELEC designates another appointive civil service official from the same locality.
Section 15 requires that no Board member be related to each other or to any incumbent city or municipal elective official within the fourth civil degree of consanguinity or affinity.
Section 15 automatically disqualifies a Board member if, in succeeding elections, a newly elected city/municipal official is related to that Board member within the fourth civil degree of consanguinity or affinity.
Section 15 entitles every registered party and authorized organizations to a watcher in every registration board.

Board member compensation

Section 16 provides that each Board member is entitled to an honorarium of Two hundred pesos (P200) for each day of actual service rendered.
Section 16 allows COMELEC to adjust the honorarium every three (3) years thereafter.
Section 16 provides that no Board member is entitled to traveling expenses.

Notice, hearing, and quarterly processing

Section 17 requires the Election Officer, upon receipt of registration applications, to set applications for hearing and post notice in the city/municipal bulletin board and in his office for at least one (1) week before hearing.
Section 17 requires the Election Officer to furnish copies of the notice to the applicant, heads or representatives of political parties, and other accredited groups or organizations participating in the electoral process in the city/municipality.
Section 17 provides that on the hearing date, the Election Officer receives evidence for or against the applicant.
Section 17 provides that if an application is not seasonably objected to, the registrant must be notified in writing that no objection was raised and that he need not appear; however, the physical presence of the applicant is mandatory when objections were seasonably filed for rebuttal or refutation of opposing evidence.
Section 17 requires all applications for registration to be heard and processed on a quarterly basis.
Section 17 requires the Election Registration Board to meet and convene on the third Monday of April, July, October, and January, or the next following working day if those days fall on a non-working holiday, except in an election year to conform with the one hundred twenty (120) days prohibitive period before election day.
Section 17 requires the Board to adjourn day to day if one day is insufficient to process all accepted applications until all are processed.

Challenges and oppositions timetable

Section 18 allows any voter, candidate, or representative of a registered political party to challenge in writing any application for registration stating grounds.
Section 18 requires a challenge to be under oath, attached to the application, and to include proof of notice of hearing to both challenger and applicant.
Section 18 requires oppositions contesting inclusion in the voters’ list to be filed not later than the second Monday of the month in which the application is scheduled to be heard or processed.
Section 18 allows filing on the next following working day if the second Monday is a non-working holiday.
Section 18 requires the hearing on the challenge on the third Monday of the month and a decision to be rendered before the end of the month.

Oath, subpoenas, and costs

Section 19 authorizes the Election Officer to administer oaths, issue subpoena duces tecum, and swear in witnesses for determining applicants’ right to be registered.
Section 19 requires fees and expenses incidental to summons to be paid in advance by the party in whose behalf the summons is issued.

Approval/disapproval and judicial petitions

Section 20 requires the Election Officer to submit all applications for registration to the Board together with evidence received.
Section 20 requires the Board, by majority vote, to approve or disapprove applications.
Section 20 requires, upon approval, the Election Officer to assign a voter’s identification number and issue the corresponding identification card.
Section 20 requires that if the Board disapproves an application, the applicant must be furnished with a certificate of disapproval stating the ground.
Section 20 allows any aggrieved party to file a petition for exclusion or inclusion, as the case may be, with the proper Municipal or Metropolitan Trial Court as provided for in the Act.

Publication of actions on applications

Section 21 requires that within five (5) days from approval or disapproval, the Board post a notice in the bulletin board of the city/municipality hall and in the Election Officer’s office showing the applicant’s name and address, application date, and action taken.
Section 21 requires the Election Officer to furnish a copy of the notice personally or by registered mail or special delivery to the applicant and the heads or representatives of registered political parties.

Preservation, provincial and national files

Section 22 requires the Election Officer to compile original copies of approved applications per precinct and arrange them alphabetically by surname.
Section 22 requires the Election Officer to preserve the book of voters and ensure its integrity.
Section 22 requires the Election Officer to send the second and third copies to the provincial and national central files within three (3) days after Board approval.
Section 23 establishes a provincial file consisting of duplicate copies of all precinct registration records in the province.
Section 23 requires custody by the Provincial Election Supervisor and compilation by precinct and municipality and alphabetical by surnames.
Section 23 provides that if the book of voters in the Election Officer’s custody is lost or destroyed too close to Election Day to reconstitute, the corresponding book in the provincial file shall be used during voting.
Section 24 establishes a national central file under COMELEC custody in Manila consisting of the third copies of approved voter registration records for each city or municipality, compiled and arranged to replicate the book of voters.
Section 24 requires that thereafter a national list be prepared following alphabetical arrangements of surnames.
Section 24 requires submission of a computerized voters’ list (CVL) in print and diskette to COMELEC.
Section 24 requires the CVL to use a single and uniform computer program enabling sorting alphabetically by precinct and by barangay, municipality/city/province of residence, and by VIN.

Voter ID card and VIN structure

Section 25 provides that the voter’s identification card serves as a document for identification.
Section 25 provides that no copy may be issued in cases of loss or destruction except to the registered voter himself and only upon authority of COMELEC.
Section 25 requires COMELEC to adopt a design for the voter’s identification card that is as tamper proof as possible and that includes: voter name and address, date of birth, sex, photograph, thumbmark, number of precinct where registered, signature of the voter and Board chairman, and the VIN.
Section 26 requires COMELEC to assign each registered voter a VIN consisting of three parts separated by dashes.
Section 26 requires Part I to encode current address: first two digits for province and last two digits for city/municipality or a district in Manila, using the Urban Code devised by the National Census and Statistics Office (NCSO).
Section 26 requires Part II to encode current precinct assignment: first four digits are the permanent number of precinct; the letter indicates mother or daughter precinct; and requires VIN to reflect current precinct assignment.
Section 26 requires Part III to encode permanent birth and name code: letter for month (A for January, B for February, etc.), two digits for date of birth, two digits for year of birth, and last three letters for name code derived from first letter of first name, middle name, and last name in that order.
Section 26 requires Part III of VIN to be permanent and unique to every voter and authorizes COMELEC to expand/modify if necessary.
Section 26 requires that the combined birth and name code is assigned during the voter’s lifetime; upon transfer to another precinct, the first two parts change.

Deactivation, reactivation, and cancellation

Section 27 requires the Board to deactivate registrations and remove records from the precinct book of voters, then place them in an inactive file properly marked and dated in indelible ink with the cause(s) of deactivation for:
- Persons sentenced by final judgment to imprisonment of not less than one (1) year, unless removed by plenary pardon or amnesty, with automatic reacquisition of voting right upon expiration of five (5) years after service certified by clerks of court and Sandiganbayan;
- Persons adjudged by final judgment to have caused/committed crimes involving disloyalty such as rebellion, sedition, violation of anti-subversion and firearms laws, or other crimes against national security, unless restored to full civil and political rights, with automatic voting right reacquisition upon expiration of five (5) years after service;
- Persons declared insane or incompetent by competent authority unless later removed by proper authority declaration;
- Persons who did not vote in two (2) successive preceding regular elections as shown by voting records, excluding SK elections;
- Persons whose registration was ordered excluded by the court; and
- Persons who lost Filipino citizenship.
Section 27 requires clerks of court of Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and Sandiganbayan to furnish the Election Officer at the end of each month a certified list of persons disqualified under the imprisonment and disloyalty rules, with addresses; it also authorizes the Commission to request certified lists from other agencies for loss of citizenship or insanity/incompetence.
Section 27 requires the Election Officer to post a certified list of deactivated persons with reasons on the bulletin board and furnish copies to local heads of political parties, the national central file, the provincial file, and the voter concerned.
Section 28 allows a voter whose registration was deactivated to file with the Election Officer a sworn application for for reactivation in the form of an affidavit stating that grounds for deactivation no longer exist, filed not 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 sworn application to the Election Registration Board for appropriate action and requires the Election Officer, if approved, to retrieve the record from inactive file and include it in the precinct book.
Section 29 requires cancellation of registration records of those who died as certified by the Local Civil Registrar, including the monthly certified list submission and resulting posting and furnishing to political party heads and the central and provincial files.
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 to furnish copies to provincial, regional, and national central files.
Section 30 requires that copies of the certified list, along with a certified list of deactivated voters categorized by precinct per barangay, be posted in the Election Officer’s office and the bulletin board of each city/municipal hall within the same period.
Section 30 requires that upon payment of fees fixed by COMELEC, candidates and heads of registered political parties be furnished copies.
Section 30 requires furnishing two (2) certified copies of the certified list and the certified list of deactivated voters to the Board of Election Inspectors for posting in the polling place and for reference on Election Day.

Sealing, inspection of precinct books

Section 31 requires the Board to notify within fifteen (15) days before campaign period all registered political parties and members of the Board of Election Inspectors to inspect and verify completeness of voters’ registration records for each precinct in the book of voters.
Section 31 requires verification and certification by the Board of Election Inspectors and party representatives as to completeness.
Section 31 requires the Board to seal the book of voters in the presence of the former at the start of the campaign period, keep custody, and distribute to the Board of Election Inspectors on election day.
Section 31 requires the Election Officer to deliver the sealed precinct book of voters to the chairman of the Board of Election Inspectors when the chairman secures official ballots and other election paraphernalia.

Judicial proceedings for voter inclusion/exclusion

Section 32 requires petitions for inclusion, exclusion, or correction of names of voters to be filed during office hours.
Section 32 mandates service of notice of the place, date, and time of hearing upon Board members and the challenged voter upon filing; service may be by personal delivery, leaving in the possession of a person of sufficient discretion in the challenged voter’s residence, or by registered mail; if not practicable, notice must be posted in the city/municipal hall bulletin board and in two (2) other conspicuous places.
Section 32 requires a petition to refer only to one (1) precinct and implead the Board as respondents.
Section 32 provides no costs shall be assessed against any party; if the court finds the application filed solely to harass the adverse party and cause expenses, the culpable party must pay costs and incidental expenses.
Section 32 allows any voter, candidate, or political party who may be affected to intervene and present evidence.
Section 32 requires the decision to be based on evidence presented and prohibits rendering on stipulation of facts; if the question is whether the voter is real or fictitious, non-appearance on the hearing day is prima facie evidence the voter is fictitious.
Section 32 requires the petition to be heard and decided within ten (10) days from filing; appeals to the Regional Trial Court to be decided within ten (10) days from receipt; decisions must be made no later than fifteen (15) days before the election, and become final and executory.
Section 33 grants Municipal and Metropolitan Trial Courts original and exclusive jurisdiction over inclusion and exclusion cases for their respective cities or municipalities.
Section 33 allows appeals from Municipal/Metropolitan Trial Court decisions to the Regional Trial Court within five (5) days from receipt of notice; otherwise the decision becomes final and executory.
Section 33 requires Regional Trial Court to decide within ten (10) days from receipt of appeal, and provides that no motion for reconsideration shall be entertained.
Section 34 allows a person whose application was disapproved or whose name was stricken out to petition for inclusion in the permanent list at any time except **one hundred five (105