REGISTRATION OF VOTERS

REGISTRATION – the act of accomplishing and filing of a sworn application for registration by a
qualified voter before the election officer of the city or municipality wherein he resides and
including the same in the book of registered voters upon approval by the Election Registration
Board. (Sec. 3[a], Voters’ Registration Act)

A qualified voter shall be registered in the permanent list of voters in a precinct of the city or
municipality wherein he resides to be able to vote in any election. (Sec. 10, Voters’ Registration Act)
 Registration does not confer the right to vote but it is a condition precedent to the exercise of
the right. (Yra v. Abano, GR No. L-30187, November 15, 1928)

PERIOD OF REGISTRATION: No registration shall be conducted within: (a) 120 days before
regular election; and (b) 90 days before a special election. (Sec. 8, Voters’ Registration Act)

 COMELEC Resolution 8585 which set the deadline for voter registration to Oct. 31, 2009
(election was May 10, 2010 – more than 120 days) was declared null and void because of
Sec. 8 of RA 8189 has determined that the period of 120 days before a regular election and
90 days for special election enough time for the COMELEC to make ALL the necessary
preparations with respect to the coming elections. COMELEC is granted the power to fix other
periods and dates for pre-election activities only if the same cannot be reasonably held within
the period provided by law. There is no ground to hold that the mandate of continuing voter
registration cannot be reasonably held within the period provided by Sec. 8 of RA 8189.
(Palatino v. Commission on Elections, G.R. No. 189868,December 15, 2009)

 Petitioner filed their petition with the Court and sought the conduct of a two-day registration
all within the 120-day prohibitive period. In this case, both the dates of filing of the petition
and the extension sought are prior to the 120-day prohibitive period . (Akbayan-YOUTH v.
Commission on Elections, G.R. No. 147066, March 26, 2001)

ILLITERATE OR DISABLED VOTERS

Illiterate person: May register with the assistance of the Election Officer or any member of the
accredited citizen’s arms.

Physically disabled person: Application for registration may be prepared by: (a) Any relative
within the 4th civil degree of consanguinity or affinity; or (b) By the Election Officer; or (c) Any
member of an accredited citizen’s arms. (Sec. 14, R.A. No. 8189)

Disabled voter: A person with impaired capacity to use the Automated Election System. (Sec.
2[1], The Poll Automated Law)
ELECTION REGISTRATION BOARD (ERB)
There shall be in each city and municipality as many ERBs as there are election officers therein.
(Sec. 15, R.A. No. 8189)

Composition:
Chairman: Election Officer (If disqualified, COMELEC shall designate an acting Election Officer).
Members:

a. Public school official of most senior rank;

b. Local civil registrar, or in his absence, the city or municipal treasurer.

If neither are available, any other appointive civil service official from the same locality as
designated by the COMELEC.

Disqualification: Relation to each other or to any incumbent city or municipal elective official
within the 4th civil degree of consanguinity or affinity. (Sec. 15, R.A. No. 8189)

CHANGE OF RESIDENCE OR ADDRESS

To another city or municipality: The registered voter may apply with the Election Officer of
his new residence for the transfer of his registration records (Sec. 12, R.A. No. 8189)

In the same city or municipality: Voter shall immediately notify the Election Officer in writing.
(Sec. 13, R.A. No. 8189)

CHALLENGES TO RIGHT TO REGISTER

Any voter, candidate or representative

Who
of a registered political party
Form

In writing
State the grounds therefor
Under oath
Attached to the application together
with the proof of notice of hearing to
 the challenger and the applicant.
Hearing 3rd Monday of the month
Decision Before the end of the month

DEACTIVATION OF REGISTRATION
DEACTIVATION – the process of deactivating the registration of certain persons, removing their
registration records from the corresponding precinct book of voters and placing the same in the
inactive file, properly marked 'deactivated' and dated in indelible ink.

Causes of deactivation: The board shall remove the registration records of the following
persons from the corresponding precinct book of voters and placing the same in the inactive file:

a. Sentenced by final judgment to suffer imprisonment for not less than 1 year (unless
granted plenary pardon or amnesty);
b. Adjudged by final judgment for having committed any crime involving disloyalty to the duly
constituted government (e.g. rebellion, sedition, violation of the firearms law) or any crime
against national security (unless restored to full civil and political rights in accordance with
law) shall automatically reacquire the right to vote upon the expiration of 5 years after the
service of sentence;
c. Insane or incompetent persons as declared by competent authority;
d. Did not vote in the two (2) successive preceding regular elections (excluding Sangguniang
Kabataan elections);
e. Registration has been ordered excluded by the Court; and
f. Loss of Filipino citizenship.

REACTIVATION OF REGISTRATION: Any voter whose registration has been deactivated may
file with the Election officer a sworn application for reactivation of his registration in the form of
an affidavit stating that the grounds for the deactivation no longer exist.

WHEN: Any time not later than 120 days before a regular election and 90 days before a special
election (Sec. 28, R.A. No. 8189)

The Election officer shall submit said application to the ERB and if approved, the Election Officer
shall retrieve the registration record from the inactive file and include the same in the
corresponding precinct book of voters.
Local heads or representatives of political parties shall be properly notified on approved
applications.

ANNULMENT OF BOOK OF VOTERS: The Commission on Elections shall, upon verified petition
of any voter or election officer or duly registered political party, and after notice and hearing,
annul any book of voters that is:

a. Not prepared in accordance with RA 8189;

b. Prepared through fraud, bribery, forgery, impersonation, intimidation, force, or any similar
irregularity; and
c. Contains data that are statistically improbable.

No order, ruling or decision annulling a book of voters shall be executed within 90 days before an
election. (Sec. 39, R.A. No. 8189)
INCLUSION AND EXCLUSION PROCEEDINGS

PETITION PETITION FOR

FOR EXCLUSION
INCLUSION
When to Any time Any time except
file except 105 100 days before a
days before a regular election or
regular election 65 days before a
or 75 days special election
before a
special election
Who may
file

a. One whose a. One whose

application application for
for registration
registration has been
has been disapproved
disapproved by the BEI, or
by the BEI, b. One whose
 or name has
b. One whose been stricken
name has out from the
been list
stricken out
from the list

Period to Within 15 days Within 10 days

decide after its filing from its filing