Title
Philippine Voter Registration and Procedures Act
Law
Republic Act No. 8189
Decision Date
Jun 11, 1996
Republic Act No. 8189: The Voter's Registration Act of 1996 establishes the procedures and guidelines for voter registration in the Philippines, including the creation of Election Registration Boards and the process for challenging applications, while also covering various provisions related to publication, preservation, and verification of registration records.

Law Summary

Scope and Definitions

  • "Registration" means filing a sworn application and approval by the Election Registration Board
  • "Permanent list," "Book of Voters," and "List of Voters" define the compilation and certification process of voter data
  • Definitions include key entities: COMELEC, Election Registration Board, Precinct, Election Officer, Political Parties, Voter's Identification Number (VIN), among others
  • Illiterate or disabled persons receive special registration assistance

Creation and Management of Precincts

  • Precincts are delineated by COMELEC based on geographical compactness
  • Each barangay has at least one precinct, with a max of 200 voters per precinct
  • Spin-off precincts created post-1998 elections when voter count exceeds limits
  • Precinct maps to be posted publicly in barangays and polling places
  • Alterations to precinct boundaries require proper notice and are prohibited close to elections

General and Continuing Registration

  • General registration conducted periodically, specifically noted for 1997 and subsequent elections
  • Continuing registration available daily except during restricted periods before elections
  • Personal filing of application is required

Voter Qualifications and Registration Process

  • Filipinos at least 18 years old, with residence requirements, may register
  • Temporary absences due to occupation or detention do not affect residency qualification
  • Registration requires detailed personal information and physical characteristics including signatures, thumbprints, and photos
  • Illiterate and disabled persons assisted by designated officials or accredited citizens' arms

Election Registration Board Composition and Functions

  • Comprised of Election Officer (Chair), senior public school official, and local civil registrar or treasurer
  • Members cannot be closely related to each other or local elective officials
  • Handles applications, conducts hearings with notices to political parties, and issues approvals or disapprovals
  • Members receive honoraria; no travel expenses covered

Challenges, Hearings, and Judicial Review

  • Applications may be challenged by voters, candidates, or political parties
  • Hearings scheduled quarterly with notice requirements
  • Election Officer empowered to administer oaths and issue subpoenas
  • Judicial remedies for inclusion or exclusion filed in Municipal or Metropolitan Trial Courts
  • Decisions appealable to Regional Trial Courts with strict timelines

Maintenance and Use of Voter Records

  • Approved applications compiled in precinct books, provincial files, and national central files
  • Permanent computerized voter lists to be maintained by COMELEC
  • Voter Identification Cards issued and designed to be tamper-proof
  • Voter Identification Number (VIN) uniquely assigned to every voter with components representing address, precinct, birthdate, and name code

Deactivation and Cancellation of Registration

  • Registration deactivated for imprisonment, disloyalty crimes, insanity, non-voting in two successive regular elections, loss of citizenship, or court order
  • Procedures require notification and posting of deactivated voters lists
  • Reactivation possible upon certification that disqualifying cause no longer exists
  • Cancellation of registration upon death certified by local civil registrar

Preparation and Availability of Certified Voter Lists

  • Certified lists posted in public offices before elections with copies provided to candidates and political parties
  • Sealing of precinct books at the start of campaign period after verification to ensure integrity

Election Offenses and Penalties

  • Includes illicit transfer or use of voter ID cards, refusal of ID issuance, appointment of ineligible board members, tampering with registration data or computers, failure to provide voter lists, and posting irregular voter lists
  • Penalties: imprisonment from 1 to 6 years without probation, disqualification from office, loss of suffrage, fines for political parties, and deportation for foreigners

Administrative Provisions

  • Adequate funding allocated for registration activities
  • Creation of a multi-partisan Monitoring and Evaluation Committee to oversee registration implementation
  • Commission tasked with promulgating implementing rules and regulations
  • Provisions on jurisdiction, procedures, costs, and remedies for voter registration issues

Effectivity and Validity Clauses

  • Act effective 15 days after publication in two newspapers
  • Severability clause preserves remaining provisions if parts are held invalid
  • Repeals inconsistent laws and regulations

This Act comprehensively reforms voter registration to ensure transparency, inclusiveness, and integrity in Philippine elections.


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