Election 2007: RA 8189 (Sections 01 - 13)

REPUBLIC ACT No. 8189

AN ACT PROVIDING FOR A GENERAL REGISTRATION OF VOTERS,
ADOPTING A SYSTEM OF CONTINUING REGISTRATION,
PRESCRIBING THE PROCEDURES THEREOF AND
AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR

Section 1. Title. — This Act shall be known as “The Voter’s Registration Act of 1996.

Sec. 2. Declaration of Policy. — It is the policy of the State to systematize the present method of registration in order to establish a clean, complete, permanent and updated list of voters.

Sec. 3. Definition of Terms. — As used in this Act:

a. Registration refers to 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;

b. Registration Record refers to an application for registration duly approved by the Election Registration Board;

c. Book of Voters refers to the compilation of all registration records in a precinct;

d. List of Voters refers to an enumeration of names of registered voters in a precinct duly certified by the Election Registration Board for use in the election;

e. Illiterate or Disabled person refers to one who cannot by himself prepare an application for registration because of his physical disability and/or inability to read and write;

f. Commission refers to the Commission on Elections (COMELEC);

g. Election Registration Board refers to the body constituted herein to act on all applications for registration;

h. Voter’s Identification Number (VIN) refers to the number assigned by the Commission on Elections to a registered voter that shall consist of three (3) parts:

1. The current address (city/municipality and province);

2. the current precinct assignment of the voter; and

3. the permanent birth and name code unique to every voter;

i. Political Parties refer to local, regional or national political parties existing and duly registered and accredited by the Commission;

j. Precinct refers to the basic unit of territory established by the Commission for the purpose of voting;

k. Precinct Maps refers to a sketch or drawing of a geographical area stated in terms of streets or street blocks or sitios the residents of which would belong to a particular precinct;

l. Polling place refers to the place where the Board of Election Inspectors conducts its proceeding and where the voters cast their votes;

m. Voting center refers to the building or place where the polling place is located;

n. Election Officer refers to the highest official or authorized representative of the Commission in a city or municipality; and

o. Board of Election Inspectors refers to the body which conducts the election in the polling place of the precinct usually composed of three (3) public school teachers appointed by the Commission.

Sec. 4. Permanent List of VotersThere shall be a permanent list of voters per precinct in each city or municipality consisting of all registered voters residing within the territorial jurisdiction of every precinct indicated by the precinct maps.

Such precinct-level list of voters shall be accompanied by an addition/deletion list for the purpose of updating the list.

For the purpose of the 1997 general registration, the Commission shall cause the preparation and posting of all precinct maps in every barangay nationwide. Five days before the 1997 general registration, individual precinct maps shall be posted at the door of each polling place. Subsequently, the Election Officer shall be responsible for the display, throughout the year, of precinct maps in his office and in the bulletin board of the city or municipal hall.

The precinct assignment of a voter in the permanent list of voters shall not be changed or altered or transferred to another precinct without the express written consent of the voter: Provided, however, That the voter shall not unreasonably withhold such consent. Any violation thereof shall constitute an election offense which shall be punished in accordance with law.

Sec. 5.
Precincts and their Establishment. — In preparation for the general registration in 1997, the Commission shall draw updated maps of all the precincts nationwide. Upon completion of the new precinct maps, all the precincts established in the preceding elections shall be deemed abolished. For the purpose of the general registration, the Commission shall create original precincts only. Spin-off precinct may be created after the regular elections of 1998 to accommodate additional voters residing within the territorial jurisdiction of the original precincts.

The Commission shall introduce a permanent numbering of all precincts which shall be indicated by Arabic numerals and a letter of the English alphabet. Original or mother precincts shall be indicated by the Arabic numeral and letter “A of the English alphabet. Spin-off or daughter precincts shall be indicated by the Arabic numeral and letter of the English alphabet starting with letter B and so on.

No territory comprising an election precinct shall be altered or a new precinct be established at the start of the election period.

Splitting of an original precinct or merger of two or more original precincts shall not be allowed without redrawing the precinct map/s one hundred twenty (120) days before election day.

Sec. 6. Arrangement of Precincts.Every barangay shall have at least one (1) precinct. Each precinct, shall have no more than two hundred (200) voters and shall comprise contiguous and compact territories.

a. A precinct shall be allowed to have less than 200 registered voters under the following conditions:

1. As soon as the 200-limit for every precinct has been reached, a spin-off or daughter precinct shall be created automatically by the Commission to accommodate voters residing within the territorial jurisdiction of the original precinct. Thereafter, a separate list of new voters shall be prepared by the Election Officer; and

2. An island or group of islands with less than two hundred (200) voters may comprise one (1) original precinct.

b. Every case of alteration of precincts shall be duly announced by posting a notice thereof in a conspicuous place in the precinct, in the office of the election officer and in the city or municipal hall and by providing political parties and candidates a list of all the precincts at the start of the campaign period; and

c. Consolidation or merger of at most three (3) precincts may be allowed: Provided, That the computerized counting shall be implemented: Provided, further, That the merger of such precincts shall be effected ninety (90) days before election day.

Sec. 7. General Registration of Voters. — Immediately after the barangay elections in 1997, the existing certified list of voters shall cease to be effective and operative. For purposed of the May 1998 elections and all elections, plebiscites, referenda, initiatives, and recalls subsequent thereto, the Commission shall undertake a general registration of voters before the Board of Election Inspectors on June 14, 15, 21, and 22 and, subject to the discretion of the Commission, on June 28 and 29, 1997 in accordance with this Act.

Sec. 8. System of Continuing Registration of Voters. — The personal filing of application of registration of voters shall be conducted daily in the office of the Election Officer during regular office hours. No registration shall, however, be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election.

Sec. 9. Who may Register.All citizens of the Philippines not otherwise disqualified by law who are at least eighteen (18) years of age, and who shall have resided in the Philippines for at least one (1) year, and in the place wherein they propose to vote, for at least six (6) months immediately preceding the election, may register as a voter.

Any person who temporarily resides in another city, municipality or country solely by reason of his occupation, profession, employment in private or public service, educational activities, work in the military or naval reservations within the Philippines, service in the Armed Forces of the Philippines, the National Police Forces, or confinement or detention in government institutions in accordance with law, shall not be deemed to have lost his original residence.

Any person, who, on the day of registration may not have reached the required age or period of residence but, who, on the day of the election shall possess such qualifications, may register as a voter.

Sec. 10. Registration of Voters. — 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. To register as a voter, he shall personally accomplish an application form for registration as prescribed by the Commission in three (3) copies before the Election Officer on any date during office hours after having acquired the qualifications of a voter.

The application shall contain the following data:

a. Name, surname, middle name, and/or maternal surname;

b. Sex;

c. Date, and place of birth;

d. Citizenship;

e. Civil status, if married, name of spouse;

f. Profession, occupation or work

g. Periods of residence in the Philippines and in the place of registration;

h. Exact address with the name of the street and house number for location in the precinct maps maintained by the local office of the Commission, or in case there is none, a brief description of his residence, sitio, and barangay;

i. A statement that the applicant possesses all the qualifications of a voter;

j. A statement that the applicant is not a registered voter of any precinct; and

k. Such information or data as may be required by the Commission.

The application for registration shall contain three (3) specimen signatures of the applicant, clear and legible rolled prints of his left and right thumbprints, with four (4) identification size copies of his latest photograph, attached thereto, to be taken at the expense of the Commission.

Before the applicant accomplishes his application for registration, the Election Officer shall inform him of the qualifications and disqualifications prescribed by law for a voter, and thereafter, see to it that the accomplished application contains all the data therein required and that the applicant’s specimen signatures, fingerprints, and photographs are properly affixed in all copies of the voter’s application.

Sec. 11. Disqualification. — The following shall be disqualified from registering:

1. Any person who has been sentenced by final judgment to suffer imprisonment of not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence;

2. Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the firearms laws or any crime against national security, unless restored to his full civil and political rights in accordance with law: Provided, That he shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence; and

3. Insane or incompetent persons declared as such by competent authority unless subsequently declared by proper authority that such person is no longer insane or incompetent.

Sec. 12. Change of Residence to Another City or Municipality.Any registered voter who has transferred residence to another city or municipality may apply with the Election Officer of his new residence for the transfer of his registration records.

The application for transfer of registration shall be subject to the requirements of notice and hearing and the approval of the Election Registration Board, in accordance with this Act. Upon approval of the application for transfer, and after notice of such approval to the Election Officer of the former residence of the voter, said Election Officer shall transmit by registered mail the voter’s registration record to the Election Officer of the voter’s new residence.

Sec. 13. Change of Address in the Same City or Municipality. — Any voter who has changed his address in the same city or municipality shall immediately notify the Election Officer in writing. If the change of address involves a change in precinct, the Board shall transfer his registration record to the precinct book of voters of his new precinct and notify the voter of his new precinct All changes of address shall be reported to the office of the provincial election supervisor and the Commission in Manila.


Sections 14 - 26


Sections 27 - 39


Sections 40 - 52

Approved, June 11, 1996.

from the COMELEC Website

This is part of the Alleba Politics voters’ education series, Election 2007, on the upcoming 2007 Elections.

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9 Comments

  1. Alleba Politics » Election 2007: RA 8189 (Sections 14 - 26) said,

    July 18, 2006 at 9:26 am

    […] Election 2007: RA 8189 (Sections 27 - 39) | Home | Election 2007: RA 8189 (Sections 01 - 13) […]

  2. Alleba Politics » Election 2007: RA 8189 (Sections 27 - 39) said,

    July 18, 2006 at 9:27 am

    […] Sections 1 - 13 […]

  3. Alleba Politics » Election 2007: RA 8189 (Sections 40 - 52) said,

    July 18, 2006 at 9:28 am

    […] Sections 1 - 13 […]

  4. rodellio said,

    January 4, 2007 at 5:46 pm

    is there still an SK elections this october or, as the rumor goes, SK will be replaced by yout sector representative? I don’t know.Any update?

  5. hazel jumawid said,

    February 6, 2007 at 11:27 pm

    2007 election: for better or for worse?????

  6. benjamin de Leon said,

    June 24, 2007 at 1:09 pm

    please update me regarding the status of the coming 2007 barangay and sk election

  7. benjamin de Leon said,

    June 24, 2007 at 1:10 pm

    please update me regarding the status of the coming 2007 barangay and sk election.tnxs

  8. John P. Docdor said,

    August 10, 2007 at 6:54 pm

    Gud morning.

    May I know the update of the coming Barangay Election this October 2007? Is there any possibilty for barangay elections?
    Thanx

  9. Jocelyn H. Matucad said,

    September 9, 2007 at 8:50 pm

    A pleasant day!

    There are only few days remaining before the scheduled barangay election. Tuloy na ba ito as many are interested in this activity including me! Thanks and more power.

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