Alleba Politics

Election 2007: RA 8189 (Sections 27 - 39)

July 18th, 2006 at 8:48 am (General, National Politics, Election 2007)

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

Sections 1 - 13

Sections 14 - 26

Sec. 27. Deactivation of Registration. — The board shall deactivate the registration and remove the registration records of the following persons from the corresponding precinct book of voters and place the same, properly marked and dated in indelible ink, in the inactive file after entering the cause or causes of deactivation:

1. Any person who has been sentenced by final judgment to suffer imprisonment for 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 as certified by the clerks of courts of the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan;

2. Any person who has been adjudged by final judgment by a competent court or tribunal of having caused/committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and 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 regain his right to vote automatically upon expiration of five (5) years after service of sentence;

3. Any person declared by competent authority to be insane or incompetent unless such disqualification has been subsequently removed by a declaration of a proper authority that such person is no longer insane or incompetent;

4. Any person who did not vote in the two (2) successive preceding regular elections as shown by their voting records. For this purpose, regular elections do not include the Sangguniang Kabataan (SK) elections;

5. Any person whose registration has been ordered excluded by the Court; and

6. Any person who has lost his Filipino citizenship.

For this purpose, the clerks of court for the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan shall furnish the Election Officer of the city or municipality concerned at the end of each month a certified list of persons who are disqualified under paragraph (a) hereof, with their addresses. The Commission may request a certified list of persons who have lost their Filipino Citizenship or declared as insane or incompetent with their addresses from other government agencies.

The Election Officer shall post in the bulletin board of his office a certified list of those persons whose registration were deactivated and the reasons therefor, and furnish copies thereof to the local heads of political parties, the national central file, provincial file, and the voter concerned.

Sec. 28. Reactivation of Registration. — Any voter whose registration has been deactivated pursuant to the preceding Section 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 any time but not later than one hundred twenty (120) days before a regular election and ninety (90) days before a special election.

The Election Officer shall submit said application to the Election Registration Board for appropriate action.

In case the application is 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.

Sec. 29. Cancellation of Registration. — The Board shall cancel the registration records of those who have died as certified by the Local Civil Registrar. The Local Civil Registrar shall submit each month a certified list of persons who died during the previous month to the Election Officer of the place where the deceased are registered. In the absence of information concerning the place where the deceased is registered, the list shall be sent to the Election Officer of the city or municipality of the deceased’s residence as appearing in his death certificate. In any case, the Local Civil Registrar shall furnish a copy of this list to the national central file and the proper provincial file.

The Election Officer shall post in the bulletin board of his office a list of those persons who died whose registrations were cancelled, and furnish copies thereof to the local heads of the political parties, the national central file, and the provincial file.

Sec. 30. Preparation and Posting of the Certified List of Voters. —The Board shall prepare and post certified list of voters ninety (90) days before a regular election and sixty (60) days before a special election and furnish copies thereof to the provincial, regional and national central files. Copies of the certified list, along with a certified list of deactivated voters categorized by precinct per barangay, within the same period shall likewise be posted in the office of the Election Officer and in the bulletin board of each city/municipal hall. Upon payment of the fees as fixed by the Commission, the candidates and heads of registered political parties shall also be furnished copies thereof.

The Board shall also furnish two (2) certified copies for said certified list of voters, along with a certified list of deactivated voters to the Board of Election Inspectors for posting in the polling place and for their reference on election day.

Sec. 31. Sealing of Precinct Book of Voters. — The Board shall notify within fifteen (15) days before the start of the campaign period of all registered political parties and members of the Board of Election Inspectors to inspect and verify the completeness of the voter’s registration records for each precinct compiled in the book of voters.

After verification and certification by the Board of Election Inspectors and party representatives as to the completeness of the voters’ registration records in the precinct book of voters, the Board shall seal the book of voters in the presence of the former at the start of the campaign period and take custody of the same until their distribution to the Board of Election Inspectors on election day. The Election Officer shall deliver the sealed precinct book of voters to the chairman of the Board of Election Inspectors when the latter secures its official ballots and other paraphernalia for election day.

Sec. 32. Common Rules Governing Judicial Proceedings in the Matter of Inclusion, Exclusion, and Correction of Names of Voters. —

1. Petition for inclusion, exclusion or correction of names of voters shall be filed during office hours;

2. Notice of the place, date and time of the hearing of the petition shall be served upon the members of the Board and the challenged voter upon filing of the petition. Service of such notice may be made by sending a copy thereof by personal delivery, by leaving it in the possession of a person of sufficient discretion in the residence of the challenged voter, or by registered mail. Should the foregoing procedures not be practicable, the notice shall be posted in the bulletin board of the city or municipal hall and in two (2) other conspicuous places within the city or municipality;

3. A petition shall refer only to one (1) precinct and implead the Board as respondents;

4. No costs shall be assessed against any party in these proceedings. However, if the court should find that the application has been filed solely to harass the adverse party and cause him to incur expenses, it shall order the culpable party to pay the costs and incidental expenses;

5. Any voter, candidate or political party who may be affected by the proceedings may intervene and present his evidence;

6. The decision shall be based on the evidence presented and in no case rendered upon a stipulation of facts. If the question is whether or not the voter is real or fictitious, his non-appearance on the day set for hearing shall be prima facie evidence that the challenged voter is fictitious; and

7. The petition shall be heard and decided within ten (10) days from the date of its filing. Cases appealed to the Regional Trial Court shall be decided within ten (10) days from receipt of the appeal. In all cases, the court shall decide these petitions not later than fifteen (15) days before the election and the decision shall become final and executory.

Sec. 33. Jurisdiction in Inclusion and Exclusion Case. The Municipal and Metropolitan Trial Courts shall have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective cities or municipalities. Decisions of the Municipal or Metropolitan Trial Courts may be appealed by the aggrieved party to the Regional Trial Court within five (5) days from receipt of notice thereof. Otherwise, said decision shall become final and executory. The regional trial court shall decide the appeal within ten (10) days from the time it is received and the decision shall immediately become final and executory. No motion for reconsideration shall be entertained.

Sec. 34. Petition for Inclusion of Voters in the List. — Any person whose application for registration has been disapproved by the Board or whose name has been stricken out from the list may file with the court a petition to include his name in the permanent list of voters in his precinct at any time except one hundred five (105) days prior to a regular election or seventy-five (75) days prior to a special election. It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the Board. The petition shall be decided within fifteen (15) days after its filing.

If the decision is for the inclusion of voters in the permanent list of voters, the Board shall place the application for registration previously disapproved in the corresponding book of voters and indicate in the application for registration the date of the order of inclusion and the court which issued the same.

Sec. 35. Petition for Exclusion of Voters from the List. — Any registered voters, representative of a political party or the Election Officer, may file with the court a sworn petition for the exclusion of a voter from the permanent list of voters giving the name, address and the precinct of the challenged voter at any time except one hundred (100) days prior to a regular election or sixty-five (65) days before a special election. The petition shall be accompanied by proof of notice to the Board and to the challenged voter and shall be decided within ten (10) days from its filing.

If the decision is for the exclusion of the voter from the list, the Board shall, upon receipt of the final decision, remove the voter’s registration record from the corresponding book of voters, enter the order of exclusion therein, and thereafter place the record in the inactive file.

Sec. 36. Verification of Registered Voters. — The Election officer shall, in order to preserve the integrity of the permanent list of voters, file exclusion proceedings when necessary, and verify the list of the registered voters of any precinct by regular mail or house to house canvass.

The Commission may enlist the help of representatives of political parties and deputize non-government organizations (NGOs), civic organizations and barangay officials to assist in the verification and house to house canvass of registered voters in every precinct.

Sec. 37. Voter Excluded Through Inadvertence or Registered with an Erroneous or Misspelled Name. - Any registered voter who has not been included in the precinct certified list of voters or who has been included therein with a wrong or misspelled name may file with the Board an application for reinstatement or correction of name. If it is denied or not acted upon, he may file on any date with the proper Municipal Circuit, Municipal or Metropolitan Trial Court a petition for an order directing that his name be entered or corrected in the list. He shall attach to the petition a certified copy of his registration record or identification card or the entry of his name in the certified list of voters used in the preceding election, together with the proof that his application was denied or not acted upon by the Board and that he has served notice to the Board.

Sec. 38. Voters Excluded Through Inadvertence or Registered with an Erroneous or Mispelled Name. - Any registered voter whose registration record has not been included in the precinct book of voters, or whose name has been omitted in the list of voters or who has been included therein with a wrong or mispelled name may file with the Board an application for inclusion of his record, or reinstatement or correction of his name as the case may be. If it is denied or not acted upon, the voter may file on any date with the proper Municipal or Metropolitan Trial Court a petition for an order directing that the voter’s name be entered or corrected in the list. The voters shall attach to the petition a certified true copy of his registration record or identification card or the entry of his name in the list of voters used in the preceding election, together with proof that his application was denied or not acted upon by the Board and that he has served notice thereof to the Board.

Sec. 39. Annulment at Book of Voters. — The Commission 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 not prepared in accordance with the provisions of this Act or was prepared through fraud, bribery, forgery, impersonation, intimidation, force or any similar irregularity, or which contains data that are statistically improbable. No order, ruling or decision annulling a book of voters shall be executed within ninety (90) days before an election.

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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