Resolution No. 10549
Promulgation: 18 July 2019
RULES AND REGULATIONS ON THE
RESUMPTION OF THE SYSTEM OF CONTINUING REGISTRATION OF VOTERS
Pursuant
to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Acts No. 8189, 10366, 10367 and other related registration and election laws, the Commission
on Elections (Commission) RESOLVED, as it hereby RESOLVES, to
promulgate the following rules and regulations to govern the resumption of the
system of continuing registration of voters in connection to the May
11, 2020 Barangay and Sangguniang Kabataan Elections and May
9, 2022 National and Local Election:
SECTION 1. Declaration of Policy. -
The Commission hereby adheres to the following policies:
1.
Establish a clean, complete,
permanent and updated list of voters through the mandatory taking of photograph
fingerprints and signature (biometrics) in the registration process
2.
Enhance voters' registration
experience, promote gender equality, and provide a gender sensitive,
convenient, credible and well managed registration system/process which is
inclusive, participatory and non-discriminatory.
SEC. 2. Gender Sensitive Registration System/Process. - In the conduct of registration, the Election Officers (EOs)
shall ensure full access to registration processes of women who care for small
children and encourage the local government units through the local Gender and
Development Focal Point System (GFPS) Office, to open their Day Care Centers to
be used as holding area for children of the registrants during registration
days. at no cost to the Commission.
Cultural
practices and ethnic traditions in certain areas must be respected and taken
into consideration, in the encoding of demographics and taking of biometrics
data, especially involving women registrants
CHAPTER I
VOTING HISTORY AND REGISTRATION RECORDS
SEC. 3. Voting History, Corrupted Biometrics Data, Inadvertenly/Erroneously
Deleted Registration Records, Wrongfully Encoded Type of Applications and
Deactivation of Registration Records. Before
the start of the reception of applications for the conduct of registration of
voters, the EOs shall:
A.
Upate the Voting History of the
registered voters based on the Election Day Computerized Voters List (EDCVL)
used during the two (2) preceding elections;
B.
Using the Voter's Registration
Machines (VRMs) verify the completeness of the biometrics data and correctness
of the demographics data including the nature/type of applications based on the
approved Voter's Registration Records (VRRs).
In the event of corrupted biometrics data (photograph, fingerprint, and
signature), a request shall be submitted to the Election and Barangay
Affairs Department (EBAD) thru Information Technology Department (ITD) for the
recapturing of the corrupted voter's biometrics data. If the corrupted
biometrics data is available in the Central Database, the ITD shall provide the
EO with the biometrics data of the affected voter/s. In the absence thereof,
the ITD shall provide the EO with the necessary acccess code for the updating
and recapturing of the voter's biometrics data in accordance with the
procedures in Minute Resolution No. 14-0597 dated August 19, 2014.
In case of wrongfully encoded type of application/s in the VRM/s, a request
shall be submitted EBAD thru ITD for the issuance of access code to encode the
correct type of application/s;
C.
Deactivate the registration records
of voters based on the grounds enumerated in Section 41 of this rule.
1.
For the 2020 Barangay and Sangguniang
Kabataan (SK) Elections, the updating of voting history and deactivation of
registration records shall be conducted based on the following schedule:
Updating and Deactivation of Registration Records
|
Last day of posting of the List of Registration Records subject for
Deactivation
|
Hearing and Approval/Disapproval of the Deactivation of Registration
Records
|
July 1,
2019 to July 31, 2019
|
August
10, 2019
|
August
13, 2019
|
2.
No deactivation of registration records for failure to vote twice shall be
made during the October 21, 2019 Election Registration Board (Board) hearing.
3.
For the 2022 National and
Local Elections, no deactivation of registration records for failure to vote
twice shall be conducted during the last quarter of registration period and
Board hearing as provided in Section 5 of this rule.
D.
Submit the registration records
subject to deactivation process to the Board for approval; and
E.
Post the list of deactivated
registration records in the OEOs and city/municipal/district bulletin boards.
CHAPTER II
FILING OF APPLICATION
SEC. 4. Date, Time and Place For Filing of Applications. - Reception of application for:
1.
Registration transfer of registration
records change/corrections of entries in the registration records, reactivation
of registration records, inclusion of registration records and reinstatement of
name in the list of voters; and
2.
Updating of records of Persons with
Disabilities (PWDs), Senior Citizens and members of Indigenous Peoples' (IPs)
or Indigenous Cultural Communities (ICCs) and other members of vulnerable
sectors,
shall
be personally filed at the Office of the Election Officer (OEO) of the city
/municipality where the applicant resides, during office hours, from 8:00
AM to 5:00 PM from Mondays to Saturdays including
Holidays, based on the following schedules:
1.
For May 11, 2020 Barangay and SK
Elections:
a.
Reception of applications shall be
from August 1, 2019 to September 30, 2019.
2.
For May 9, 2022 National and Local
Elections:
a.
Reception of applications shall be
from July 6, 2020 to September 30, 2021 except December
25, 2020, Friday (Christmas Eve/Day); April 1 and 2, 2021 (Maundy
Thursday and Good Friday).
When
necessary, the Commission may adopt a modified registration work week schedule,
adjust or suspend the registration period.
SEC. 5. Period of Filing, Hearing and Approval/Disapproval of Applications. - The applications shall be heard by the Election Registration
Board (Board) at the OEO, in accordance with the following schedule:
A.
May 11, 2020 Barangay and SK
Elections:
Period to file applications
|
Last day to post Notice of Hearing with Lists of Applicant
|
Last day to file opposition to applications
|
Hearing and Approval/ Disapproval of applications
|
August
1, 2019 to September 30, 2019
|
October
7, 2019
|
October
14, 2019
|
October
21, 2019
|
B.
May 9, 2022 National and Local
Elections:
Period to file applications
|
Last day to post Notice of Hearing with Lists of Applicant
|
Last day to file opposition to applications
|
Hearing and Approval/ Disapproval of applications
|
July 6,
2020 to September 30, 2020
|
October
7, 2020
|
October
14, 2020
|
October
19, 2020
|
October
1, 2020 to December 30, 2020
|
January
7, 2021
|
January
14, 2021
|
January
18, 2021
|
January
4, 2021 to March 31, 2021
|
April
7, 2021
|
April
14, 2021
|
April
19, 2021
|
April
5, 2021 to June 30, 2021
|
July 7,
2021
|
July
14, 2021
|
July
19, 2021
|
July 1,
2021 to September 30, 2021
|
October
7, 2021
|
October
14, 2021
|
October
18, 2021
|
SEC. 6. Last Day Registration Scenario. -
During the last day of registration, the following procedures shall be
observed, as follows:
a.
If at 3:00 o'clock p.m. of September
30, 2019 for Barangay and SK Elections and September 30, 2021 or
National and Local Elections, there are still persons waiting in line to file
their application for registration within the thirty (30) meter radius from the
OEO, the Election Assistant (EA) shall, without delay list down their names
consecutively numbered;
b.
These applicants shall be called by
announcing each name repeatedly three (3) times in the order in which they were
listed. Any applicant who is not present when his/her name is called shall no
longer be allowed to file his/her application for
registration/transfer/reactivation or validation;
c.
If the applicant is present when
his/her name is called his/her application shall be processed and his/her
biometrics data captured. The same shall continue, until all those listed shall
have been processed. This procedure shall be followed whether the EO has issued
queuing numbers or any other similar system; and
d.
Any application filed where the
applicant's biometrics data has not been captured as provided herein, shall be
deemed not filed and should not be submitted to the ERB for hearing.
SEC. 7. Express Lane for Persons with Disabilities (PWDs), Senior Citizens and
Pregnant Applicants. - The EO shall adopt
a system to speed up the registration process to minimize queuing and avoid
inconvenience in the processing of applications:
During
the registration, the EO shall provide an express lane for the exclusive use of
the PWDs, Senior Citizens and Heavily Pregnant Applicants.
Heavily
Pregnant Applicants shall refer to those who are, at least, six (6) month on
the family way (Comelec Resolution No. 10486 dated January 23, 2019).
SEC. 8. Satellite Registration. -
A. The OEO shall conduct at least one (1) mandatory satellite
registration of voters within the city/municipality to maximize
registration turnout in:
1.
Barangay hall/ center;
2.
Public and private schools and
universities;
3.
Mall and commercial establishment;
and
4.
Other public and convenient places
For
this purpose, the OEO shall coordinate with the concerned barangay officials,
university and school heads, establishment or mall administrators, citizens'
arm and other election stakeholders for the establishment of satellite
registration.
B.
Any interested party/ s may request
for the conduct of satellite registration. Accordingly, EOs shall assess,
evaluate and approve the request subject to the following conditions:
a.
The number of prospective applicants
in the proposed venue shall not be less than Two Hundred (200);
b.
Public or private buildings where
satellite registration will be conducted shall not be owned, leased or occupied
as residence by any incumbent city /municipal/barangay officials or of any
person who is related to any city/municipal/barangay officials within the
fourth civil degree of consanguinity or affinity, or leader of any political
party, nor in any building or surrounding premises under the actual control of
a political party or religious organization;
c.
Written notices of the schedule and
venue of satellite registration shall be posted in the bulletin boards of the
OEO and the city/municipal/barangay hall;
d.
Arrange with the local government
unit through the DILG or with the requesting party for the transportation of
Voters Registration Machines (VRMs), forms/supplies including COMELEC
personnel;
e.
Ensure that the database is backed-up
before conducting the satellite registration; and
f.
There shall be no extra/ additional
cost to the Commission in the conduct of satellite registration.
SEC. 9. Special Satellite Registration -
There shall be exclusive special satellite registration for:
1.
Youth (Katipunan ng
Kabataan [KK]);
2.
Senior Citizens (SCs);
3.
Women;
4.
Persons Deprived of Liberty (PDL);
5.
Persons with Disabilities (PWDs); and
6.
Members of Indigenous Peoples' (IPs),
Indigenous Cultural Communities (ICCs), Internally Displaced Persons (IDPs) and
other vulnerable sectors.
The
EOs shall showcase the events of special satellite registration and conduct
extensive and massive campaign to ensure wider voters' participation.
A.
For special satellite registration of
SCs, PWDs, Women, IPs/ICCs, and other vulnerable sectors, the EO shall
coordinate with the concerned Non-Government Organization Network Empowering
Persons with Disabilities, Women and Senior Citizens, and the National
Commission on Indigenous Peoples (NCIP) or its affiliate organization/s
existing in their locality for the said activity.
B.
For the PDL, the special satellite
registration in detention centers/jails shall be conducted in accordance with
the following guidelines:
Number of Qualified
Applicants
|
Number of Days
|
1 to
249
|
1
|
250 to
499
|
2
|
500 to
749
|
3
|
750 to
999
|
4
|
1,000
and above
|
5
|
For
cities with two or more districts and the detention/jail/correctional facility
is located in one (1) of the districts, all EOs in the said city may conduct
satellite registration in the facility for PDL who are residents under their
jurisdiction, subject to the conditions above-cited.
PDL
who shall be eighteen years of age on election day and/or are committed inside
the detention centers for at least six (6) months immediately preceding the
election day may register as a voter.
For
those who are already registered voters, they may apply for transfer of
registration records as warranted by the circumstances.
In the
conduct of the PDL satellite registration, the EO shall:
1.
Before the scheduled PDL
satellite registration:
a.
Coordinate with the Jail Warden in
the Provincial/City/Municipal Jail or other
Correctional/Rehabilitation/Detention Centers to determine the approximate
number of qualified applicant PDLs and ensure maximum security of COMELEC
personnel as well as the VRMs and its peripherals;
b.
Conduct ocular inspection on the
proposed registration site within the premises of the Provincial/City/Municipal
Jail or other Correctional/Rehabilitation/Detention Centers, taking into
consideration the number of COMELEC personnel and the VRM to be installed; and
c.
Post written notice of the schedule
of the satellite registration in the detention premises where said registration
shall be conducted and in the bulletin board of the OEO.
2.
During the satellite
registration:
a.
Adopt a system of processing the
application to minimize queuing and speed up the registration process.
Procedures in the reception of application and capturing of biometrics
enumerated in this Resolution shall apply.
b.
In case the satellite registration is
more than one (1) day, the EO concerned shall not leave the VRM and its
peripherals in the registration site/jail premises; and
c.
Subject to existing BJMP /BuCor,
Provincial Jails policies, rules and regulations, watchers/representatives from
political parties, citizens' arms and other civil societies shall be allowed to
witness/ observe the proceedings.
In
Secs. 8 and 9 of this Rule, the EO shall submit to the EBAD, through Provincial
Election Supervisors (OPES) and Regional Election Director (REDs), a monthly
report on the approved satellite registration indicating the city
/municipality, date of registration and the number of applicants not later than
the 5th day of the succeeding month.
SEC. 10. Procedure in Case of Defective VRM and/or its Peripherals. - In case the VRM and/or its peripherals become defective during
the registration period, application for registration, transfer of
registration records, change/ correction of entries in the registration
records, reactivation of registration records, inclusion of registration
records/reinstatement of name in the list of voters shall be received but
shall not be processed.
The EO
through the PES, upon certification by the Computer Maintenance Technician
(CMT) shall inform immediately ITD and EBAD that the VRM and/ or its
peripherals are defective. Pending the repair of the VRM and/ or its
peripheral, the ITD shall issue a replacement.
Once
the VRM and/ or its peripherals are functional/replaced, the EO shall
immediately notify in writing the concerned applicants for the taking/
capturing of their biometrics data. If the applicant fails to return
despite notice in writing, his/her application shall be considered incomplete
and deemed not filed and shall not be submitted to the Board. The
list of applicants who failed to return for biometrics data capturing shall be
posted in the bulletin boards of the OEO and city/municipality hall.
SEC. 11. Who May Register. -
Any Filipino citizen who is not yet a registered voter may apply for
registration provided he/she possesses the following qualifications:
A.
May 11, 2020 Barangay and Sangguniang
Kabataan Elections:
A. 1. Barangay Elections:
1.
At least eighteen (18) years of age
on or before May 11, 2020 elections;
2.
A resident of the Philippines for at
least one (1) year and in the place wherein he/ she proposes to vote, for at
least six (6) months immediately preceding the May 11, 2020 Barangay and Sangguniang
Kabataan Elections; and
3.
Not otherwise disqualified by law.
A. 2. Sangguniang Kabataan Elections:
4.
At least fifteen (15) but not more
than thirty (30) years of age and a residing in the barangay for at least six
(6) months on or before May 11, 2020 elections; and
5.
Registered voters as of May
13, 2019 elections shall not register anew.
First time registrants who will register during the resumption of the system
of registration of voters and who are eighteen (18) but not more than thirty
(30) years old, shall be automatically included in the list of voters for the
Katipunan ng Kabataan (KK).
B.
May 9, 2022 National and Local
Elections:
a.
At least eighteen (18) years of age
on or before May 9, 2022 National and Local Elections;
b.
A resident of the Philippines for at
least one (1) year and in the place wherein he/she proposes to vote, for at
least six (6) months immediately preceding the May 9, 2022 National and Local
Elections; and
c.
Not otherwise disqualified by law.
Any person who has not reached the required voting age or period of
residence on the day of registration but will possess such qualifications on or
before the May 9, 2022 National and Local Elections, may register as a voter.
However, the reception of their applications shall commence only on May 10,
2021 (at least one year prior to election day).
SEC. 12. Who are Disqualified to Register. -
The following are disqualified to register as a voter:
a.
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;
b.
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,
insurrection, violation of the firearms laws, or any crime against national
security unless restored to his/her full civil and political rights in
accordance with law; and
c.
Insane or incompetent person as
declared by competent authority unless subsequently declared by proper
authority that such person is no longer insane or incompetent.
Any
person disqualified to register under paragraphs (a) and (b) above shall
automatically reacquire the right to register and vote after the expiration of
five (5) year service of sentence.
SEC. 13. Application Forms. -
The following application forms shall be available at the OEO, FREE
OF CHARGE:
a.
Annex "A" (Revised
CEF-1-A-Application);
b.
Annex "B" - Supplementary
Data Form;
c.
Annex "C" - Certification
for Registration of Applicant whose name is not found in the Local Voter's
Registration Database (LVRD), Printed Lists of Voters (PLVs), Printed Lists of
Deactivated Voters (PLDVs)
These
application forms may also be downloaded from the COMELEC Website, www.comelec.gov.ph, to be printed on a long bond paper (preferably substance 20/70
gsm), after which the applicant shall manually fill-up the same in
three (3) copies.
The
applicant may also access the Online Application Form (OAF) from the COMELEC
Website, electronically fill-up the appropriate form, and print three (3)
copies of the same for submission to the EO.
SEC. 14. Procedure for Filing of Applications for Registration.
A.
The applicant shall personally appear
before the EO, state his/her name and exact address, specifying the house
number, name of the street, area, district, purok or sitio, and barangay where
he/she resides, or a brief description of his/her residence, and present any of
the following identification documents that bear applicant's photograph and
signature:
1.
Employee's identification card (ID),
with the signature of the employer or authorized representative;
2.
Postal ID;
3.
PWD Discount ID;
4.
Student's ID or library card, signed
by the school authority;
5.
Senior Citizen's ID;
6.
Driver's license;
7.
NBI clearance;
8.
Passport;
9.
SSS/GSIS ID;
10.
Integrated Bar of the Philippine
(IBP) ID;
11.
License issued by the Professional
Regulatory Commission (PRC);
12.
Certificate of Confirmation issued by
the National Commission on Indigenous Peoples (NCIP) in case of members of ICCs
or IPs; or
13.
Any other valid ID.
In the absence of any of the above-mentioned identification documents, the
applicant may be identified under oath by any registered voter of the precinct
where he/ she intends to be registered, or by any of his/her relatives within
the fourth civil degree of consanguinity or affinity. No registered
voter or relative shall be allowed to identify more than three (3) applicants.
Community Tax Certificates ( cedula) and PNP clearance shall not be honored as
valid identification documents for purposes of registration.
If the applicant fails to establish his/her identity by any of the
aforementioned methods/documents, he/she shall not be issued an application
form, nor shall his/her pre-accomplished application form be accepted.
B.
Upon establishing the identity of the
applicant, the EO shall verify the name of the applicant from the Local Voter's
Registration Database (LVRD) or in the Printed Lists of Voters (PLVs).
If found in the LVRD/PLVs, no application form shall be issued or the
pre-accomplished application form shall not be accepted and the applicant shall
be advised that he/she is already a registered voter in the said city/
district/municipality.
If the applicant intends to transfer his/her registration records to another
barangay within the city/ district/municipality, the applicant shall be issued
application form or his pre-accomplished form shall be accepted and the EO
shall ensure that the applicant shall check the correct text box (application
for transfer of registration records within the same
city/district/municipality) in the accomplished application form.
In case the applicant is found to have deactivated registration records in the
LVRD /Printed Lists of Deactivated Voters (PLDVs), he/ she shall be advised to
apply for the reactivation of registration records.
C.
If the name of the applicant is not
found in the LVRD/PLVs/PLDVs, the EO shall perform the following:
1.
Determine the applicant's type of
application;
2.
If for registration, determine from
the applicant if he/she is already a registered voter In another
city/district/municipality;
3.
If registered in another
city/district/municipality, advice the applicant to apply for transfer of
registration records In accordance with Section 17 of this Rule;
4.
If not registered in another city/
district/municipality, the applicant shall be issued an application form or
his/her preaccomplished application form shall be accepted and the EO shall
ensure that the applicant check the appropriate text box (type of
application) in the accomplished application form.
In all cases, the EO shall inform the applicant of the legal consequences and
effects in cases the applicant is found to have double/multiple registration
records.
5.
Using a barangay precinct
map, verify whether or not the address given by the applicant is
located within the city/municipality. If the applicant is not a resident, the
EO shall advise the applicant to proceed to the OEO of the city/ municipality
where he/ she resides.
6.
If the address given is within the
city/municipality, the EO shall:
a.
Inform the applicant of the
qualifications and disqualifications prescribed by law for a voter;
b.
Determine the precinct where the
applicant belongs by referring to the barangay precinct map.
The applicant shall be assigned temporarily to the mother precinct comprising
his/her residence;
c.
Indicate the temporary precinct
assignment of the applicant at the upper right-hand portion of the application
form;
d.
The precinct assignment shall be
finalized after the approval of the application. Daughter precinct(s) shall be
created to accommodate approved applications in excess of the
200-voter-per-precinct limit; and
e.
In case of boundary dispute, the EO
shall maintain the status quo.
7.
Issue the prescribed application form
to the applicant in three (3) copies, unless the applicant has brought his/her
printed and duly accomplished application form downloaded from the COMELEC
Website.
8.
Upon receipt of the application form,
the applicant shall personally accomplish the same separately in his/her own
handwriting and submit the accomplished application form to the EO. TITLES
SUCH AS DATU, SULTAN, HADJI, BAI AND OTHER TITLES SHALL NOT BE ALLOWED TO BE
INCLUDED AS PART OF THE NAME OF THE APPLICANT.
For an illegitimate person whose certificate of live birth does not include a
middle name, the character "_" (underscore) shall be used for the
middle name during the encoding of the data of the applicant.
In case the applicant does not know his/her birth date and the EO can reasonably
ascertain that the applicant is of voting age through his/her physical
features, and other relevant indicators such as year in college and number of
children, the EO shall ask the applicant to supply a date of birth to the best
of his/her knowledge. The EO shall then write the words "Section 14 (8)
case" on top of the date of birth or anywhere on the form. In addition,
the EO shall record in his/her logbook the list of names of applicants who
supplied their date of birth, in accordance with this provision.
However, if the EO cannot ascertain the applicant's age and the applicant
does not supply his/her birth date, his/her application form shall be deemed
incomplete and shall not be accepted.
9.
Once the application form has been
accomplished, the applicant shall return the same to the EO.
If the applicant has a duly accomplished application form, it shall be
signed and thumbmarked in the presence of the EO. In case the
applicant has already affixed his/her signature and imprinted his/her thumbmark
in the accomplished application form, the applicant shall confirm the
same by affixing his/her signature and thumbmark at the back portion of the
application form in the presence of the EO.
10.
After ensuring that the application
form has been filled up correctly, completely and legibly, the EO shall write
down the Application Form Number, return the form to the applicant and direct
him/her to the VRM Operator.
The Application Form Number shall consist of four parts, as follows:
First Part
|
-
|
Two (2) digit province code
|
Second Part
|
-
|
Two (2) digit
district/ city /municipal code
|
Third Part
|
-
|
Two (2) digit VRM Number which
is 30 (default)
|
Fourt Part
|
-
|
Seven (7) digit control code
which shall start with the number following the last application form number assigned
on September 29, 2018 registration
|
11.
The VRM Operator, using the Voter
Registration System (VRS) shall:
a.
Select File -> Registration;
b.
Type the Application Number and press
Enter button;
c.
Select Registration from the drop
down menu;
d.
Encode demographics information and
capture the biometrics data of the applicant; and
e.
Encode demographics information and
capture the biometrics data of the applicant; and
f.
Save the record.
Thereafter, the VRM Operator shall affix his/her initial below the space
provided for the EO's name and direct the applicant to submit his/her
application to the EO.
12.
Upon receipt of the application, the
EO shall:
a.
Administer the oath;
If applicant refuses to take the oath, the application shall not be
accepted and deemed not filed.
b.
Affix his/her signature in the
appropriate space of the form;
c.
Retain the three (3) copies; and
d.
Cut the bottom portion of one copy of
the application form, indicate the date of Board hearing and give it to the
applicant to serve as Acknowledgment Receipt and proof of filing.
SEC. 15. Accomplishment of Application forms for PWDs or Illiterate Person or
Member of ICCs/IPs. - A PWD shall refer
to a person who has long-term physical, mental, intellectual or sensory
impairments, which in interaction with various barriers may hinder their full
and effective participation in the electoral processes on an equal basis with
others.
Illiterate
person refers to one who cannot by himself/herself prepare an application for
registration because of his/her inability to read and write.
Indigenous
Cultural Communities (ICCs) or Indigenous Peoples (IPs) shall refer to a group
of people or homogenous societies identified by self-ascription and ascription
by others, who have continuously lived as organized community on communally bounded
and defined territory, and who have, under claims of ownership since time
immemorial, occupied, possessed and utilized such territories, sharing common
bonds of language, customs, traditions and other distinctive cultural traits,
or who have, through resistance to political, social and cultural inroads of
colonization, non-indigenous religions and cultures, became historically
differentiated from the majority of Filipinos.
ICCs/lPs
shall likewise include peoples who are regarded as indigenous on account of
their descent from the populations which inhabited the country, at the time of
conquest or colonization, or at the time of inroads of non-indigenous religions
and cultures, or the establishment of present state boundaries, who retain some
or all of their own social, economic, cultural and political institutions, but
who may have been displaced from their traditional domains or who may have
resettled outside their ancestral domains.
Any
PWD or illiterate person or member of ICCs/IPs may be assisted by the EO in the
preparation of his/her application form or by any member of an accredited
citizen's arm or a relative within the fourth civil degree of consanguinity or
affinity, or if he/she has none, by any person of his/her confidence who
belongs to the same household.
The EO
shall place the PWD or illiterate person or member of ICCs/IPs under oath,
after which the assistor shall ask relevant questions and record the answers
given in order to properly accomplish the application form.
Once
the application form is accomplished, it shall be given to the EO who shall
read the accomplished form aloud to the PWD or illiterate person or member of
[CCs/IPs and ask him/her if the information given is true and correct.
The
applicant shall, in the presence of the EO affix his/her thumbmark or some
other customary mark on the duly accomplished form. If already signed or
contained his/her thumbmark, the rule in Section 14 (C9) shall apply.
The
Assistor shall then accomplish in three (3) copies the Supplementary Data Form,
designated hereto as Annex "B", which shall be attached to the
accomplished application form.
SEC. 16. Biometrics Capturing for Voters who are Illiterate, with Amputated
Fingers or those Suffering from Paralysis. - An illiterate applicant who is unable to sign shall be required
to affix on the signature pad any mark such as, but not limited to: circle,
line or star. This fact shall be indicated by the EO in the application form.
In
case the applicant's thumb and/ or forefinger is amputated or paralyzed and
he/she is unable to stretch the thumb and forefinger, any finger can be used
for fingerprint scanning.
If one
or both hands are totally amputated, the VRM Operator shall check the box for
amputated in the VRS.
SEC. 17. Procedure for Filing of Application for Transfer of Registration Records
from another City/District/Municipality. -
Any registered voter who has transferred residence to another city/
district/municipality, at least six (6) months before the May 11, 2020 in case
of Barangay and Sangguniang Kabataan Elections and May 9, 2022 in case of
National and Local, may apply for transfer of his/her registration record by
personally appearing before the EO of his/her new residence by accomplishing
the prescribed application form. The EO shall ensure that the applicant check
the box corresponding to the appropriate type of application (Application
for Transfer).
A.
The EO shall verify the applicant's
name from the Local Voter Registration Database (LVRD)/Printed List of Voters
(PLVs)/Printed List of Deactivated Voters (PLDVs).
1.
If applicant's name
LVRD/PLVs/PLDVs:
The EO shall inform the applicant that he/she is already a registered voter in
the said city/district/municipality. In case of deactivated registration
records, the applicant shall be advised to apply for reactivation of his/her
registration records. The EO shall ensure that the applicant shall check the
box corresponding to the appropriate type of application.
2.
If applicant's name is not
found in LVRD/PLVs/PLDVs:
a.
The EO shall require the applicant to
show proof of his/her registration. He/she may present his/her Voter ID, or a
Certification from the EO of his/her former place of registration, or a
Certification from the National Central File. Upon presentation of any document
herein mentioned, the EO shall issue the application forms. A facsimile/
photocopy of said proof shall be attached to the application.
b.
In the absence of proof that the
applicant is a registered voter, the EO shall advise the applicant to file an
application for registration. The EO shall thereafter issue the prescribed
application form to the applicant, who shall accomplish said form in accordance
with Section 14 hereof. In addition, the applicant shall be issued one (1) copy
of a Certification (Annex "C") stating that he/ she intended to apply
for transfer but instead, was advised to apply for new registration.
c.
A registered voter who applies for
transfer of registration record shall surrender his/ her Voter ID if one has
been issued to him/her, to the EO of the city/municipality where he/she
presently resides. Once the application for transfer is approved, the EO shall
issue upon request, pending the issuance of a new Voter ID, a VRS- generated
Voter Certification, free of charge.
B.
The EO and VRM Operator shall then
perform the applicable procedures in the processing of applications stated in
Section 14 of this Rule.
Using the VRS, the VRM Operator shall:
1.
Select File -> Registration;
2.
Type the Application Number and press
Enter button;
3.
Select Transfer from other
city/district/municipality from the drop down menu;
4.
Encode demographics information and
capture the biometrics data of the applicant; and
5.
Save the record.
He/she shall then affix his/her initial below the space provided for the
EO's signatures in Part 2 of the application form.
C.
Application for transfer of
registration records to another city/district/municipality shall be subject to
notice, hearing and action of the Board.
D.
Once the application is
approved, NOTICE OF APPROVAL shall be sent within five (5)
days thereof, without need of a copy of the approved application for transfer,
to the EO of origin by registered mail or electronic mail. Notice
of Approval signed by the Chairman of the Board shall indicate the following:
1.
Full name;
2.
Birth date;
3.
Place of birth;
4.
Old and current address;
5.
Precinct assignment; and
6.
City/district/municipality/barangay.
E.
The EO of origin shall, within five
(5) days upon receipt of the said Notice:
1.
Delete the name of the voter from the
database; and
2.
Remove the voter's registration
records (VRRs) from the corresponding precinct book of voters and send to the
EO of the applicant's new residence.
The
deletion from the database and removal of the VRR from the Book of Voters by
the EO of origin shall not require Board approval.
SEC. 18. Procedure for Filing of Application for Transfer of Registration Records
within the same City/District/Municipality due to Change of Address. - Any registered voter who has changed his/her address in the same
city/ district/municipality may apply for transfer of his/her registration
record to the precinct book of voters of his/her new precinct by accomplishing
the prescribed application form. The EO shall ensure that the applicant check
the box corresponding to the appropriate type of application (Application
for Transfer).
A.
The EO shall verify from the LVRD the
record of the applicant. If the name is included in the database, the voter
shall be directed to proceed to the VRM Operator.
1.
If the record has complete
biometrics data, the VRM operator shall, using
the old application form number:
a.
Select File ->Other Application
-> List of Records;
b.
Type the last name, or first name
and/or maternal name in the space provided and then click SEARCH button;
c.
Right-click the record of the
applicant in the list and select TRANSFER from the list of application type;
d.
Edit the address and precinct number;
and
e.
Save the record.
2.
If the record has no
biometrics data or with incomplete biometrics data, the VRM operator shall,
using the old application form number:
a.
Select File ->Other Application->
List of Records;
b.
Type the last name, or first name
and/or maternal name in the space provided and click SEARCH button;
c.
Right-click in the record of the
applicant and select TRANSFER WITH BIOMETRICS CAPTURE from the list of
application type;
d.
Edit the address and precinct number;
e.
Capture the biometrics information;
and
f.
Save the record.
Once the process is completed, the EO and VRM Operator shall then
perform the applicable procedures in the processing of applications stated in
Section 14 of this Rule.
3.
After the Board approval, the EO
shall consolidate/merge the updated/corrected data. Correspondingly, the Board
through the EO shall detach the VRR from his/her former precinct book of voters
and place the same in the precinct book of voters of his/her new precinct
assignment. This provision shall not apply for book of voters covered by a
pending case or under precautionary protection order issued by Presidential
Electoral Tribunal/ Senate Electoral Tribunal/House of Representative Electoral
Tribunal.
SEC. 19. Procedure for Filing of Applications for Reactivation. - Any registered voter whose registration has been deactivated
pursuant to the grounds enumerated in Section 27 of Republic Act No.
8189 may apply for reactivation of
his/ her registration records by personally accomplishing in three (3) copies
of the prescribed application form. The EO shall ensure that the applicant
check the box corresponding to the appropriate type of application (Application
for Reactivation).
A.
The EO shall verify if the name of
the applicant is in the LVRD/PLDVs. If his/her name is in the said LVRD/PLDVs
with a status of deactivated, he/ she shall be instructed to proceed to the VRM
Operator.
1.
If the record has complete
biometrics data, the VRM operator shall, using
the old application form number:
a.
Select File -> Other Application
-> List of Records;
b.
Type the last name and/or first name
and/or maternal name in the space provided and click SEARCH button;
c.
Right-click the record of the
applicant and select REACTIVATION from the list of application type; and
d.
Save the record.
2.
If the record has no
biometrics data or with incomplete biometrics data, the VRM operator shall, using the old application form number:
a.
Select File -> Other Application
-> List of Records;
b.
Type the last name and/or first name
and/or maternal name in the space provided and click SEARCH button;
c.
Right-click the record of the
applicant and click REACTIVATION WITH BIOMETRICS CAPTURE from the list of
application type;
d.
Capture the biometrics information;
and
e.
Save the record.
Once
the process is completed, the EO and VRM Operator shall then perform the
applicable procedures in the processing of application stated in Section 14 of
this Rule.
After
the Board approval, the EO shall consolidate/merge the updated data.
SEC. 20. Procedure for Filing of Applications for Change of Name by Reason of
Marriage, or Court Order or Order by the Civil Registrar or Consul General. - Any registered voter whose name has been changed by reason of
marriage or court order or by order of the Civil Registrar or Consul General
may file an application for change of name by personally accomplishing three
(3) copies of the prescribed application form. The EO shall ensure that the
applicant check the box corresponding to the appropriate type of
application (Application for Correction of Entries).
In
support of the application, the applicant shall submit any original/certified
true copy of the following:
a.
Certification by the solemnizing
officer;
b.
Marriage contract or court order with
certificate of finality;
c.
Order by the Civil Registrar or
Consul General, as the case may be.
This
may also be availed of in cases where the marriage of a female registered voter
has been annulled or declared as void by competent court. In this case, the
affected voter may request to revert back to her maiden surname and for the
change of signature. The applicant shall attach a certified true copy of the
Court's final ORDER/DECISION, annulling the marriage or declaring the marriage
a nullity.
The EO
shall verify the record of the applicant in the database. If his/her name is in
the database, he/she shall be instructed to proceed to the VRM Operator.
The
VRM Operator shall, using the old application form number:
1.
Select File ->Other Application
-> List of Records;
2.
Type the last name and/or first name
and/or maternal name in the space provided and then click SEARCH button;
3.
Right-click the record of the
applicant and select CORRECTION OF ENTRIES/CHANGE from the list of application
type;
4.
Edit the entries for correction; and
5.
Save the record.
Once
the process is completed, the EO and VRM Operator shall then perform the
applicable procedures in the processing of application stated in Section 14 of
this Rule.
After
the Board approval, the EO shall consolidate/merge the updated data.
SEC. 21. Procedure for Filing of Applications for Correction of Entry/Entries in
the Registration Records. -
A registered voter whose registration record in the precinct book of voters or
certified list of voters contains erroneous entries, including wrong or
misspelled name, birth date, birth place or typographical errors, may request
for its correction. In support thereof, he/she shall attach thereto the court order
or an order of the Civil Registrar, or any other evidence warranted under the
circumstances.
The
registered voter shall file an application for correction of entry/entries in
the registration record by personally accomplishing three (3) copies of the prescribed
application form. The EO shall ensure that the applicant check the box
corresponding to the appropriate type of application.
The EO
shall verify in his/her LVRD the record of the applicant, using the VRS
program. The EO shall use the old application form number of the applicant and
direct the applicant to the VRM Operator.
Using
the VRS, the VRM Operator shall:
1.
Select File -> Other Application
-> List of Records;
2.
Type the last name and/or first name
and/or maternal name in the space provided and click SEARCH button;
3.
Right-click the record of the
applicant in the list then select CORRECTION OF ENTRIES WITH BIOMETRICS
CAPTURE;
4.
Edit the entries for correction; and
5.
Save the record.
Once
the process is completed, the EO and VRM Operator shall then perform the
applicable procedures in the processing of application stated in Section 14 of
this Rule.
After
the Board approval, the EO shall consolidate/merge the updated data.
SEC. 22. Procedure for Filing of Multiple Applications. - Any applicant for transfer of registration with reactivation and
change of status/correction of entry shall accomplish the prescribed form. The
EO shall ensure that the applicant check the box(es) corresponding to the
appropriate type of application.
SEC. 23. Procedure for Filing of Applications for Reinstatement of Registered
Voter Whose Name has been Omitted in the List of Voters. - Any registered voter whose name has not been included or has
been omitted in the precinct certified list of the immediately preceding
elections, may file an application for reinstatement. For this purpose, he/she
shall personally accomplish in three (3) copies the prescribed application
form. The EO shall ensure that the applicant check the box corresponding to the
appropriate type of application (Application for Change/Correction of
Entries/ and Inclusion/Reinstatement of Record in the List of Voters/ Book of
Voters).
The EO
shall verify whether the name of the applicant is found in the LVRD. If the
result is in the affirmative, the EO shall immediately report the incident to
the EBAD and ITD for technical assessment.
In the
event that applicant's name is not found in the database, despite the fact that
he/ she has a VRR in the precinct book of voters, he/she shall be directed to
the VRM operator who shall encode his/her demographics using the entries in
his/her VRR and thereafter capture his/her biometrics in accordance with
Section 14 (B11) of this Rule.
After
the Board approval, the EO shall consolidate/ merge the data.
If it
is denied or not acted upon, the applicant may file not later than January 24,
2020 for the Barangay and Sangguniang Kabataan Elections and January 21, 2022
for the National and Local Elections with the proper Municipal Circuit,
Municipal or Metropolitan Trial Court a petition for an order directing that
his/her name be entered in the list. He/she shall attach to the petition, a
certified copy of his/ her registration record or identification card or the
entry of his/her name in the certified list of voters used in the preceding
election, together with proof that his/her application was denied or not acted
upon by the Board and that he/she has served notice to the Board.
SEC. 24. Procedure for Filing of Applications for Inclusion of Registration
Record Not Included in the Precinct Book of Voters. Any registered voter whose registration record has not been
included in the precinct book of voters may file with the Board an application
for inclusion of his/her record. For the purpose, he/ she shall personally
accomplish in three (3) copies the prescribed application form. The EO shall
ensure that the applicant check the box corresponding to the appropriate type
of application (Application for Change/ Correction of Entries/
and Inclusion/ Reinstatement of Record in the List of Voters/ Book
of Voters).
The EO
shall verify whether the applicant's name is found in the database. If the
result is in the affirmative, the EO shall coordinate and check with the Office
of the Provincial Election Supervisors (OPES) or the National Central File-ERSD
whether said voter has an existing VRR. If there is, the EO shall request for a
copy.
Upon
approval of the Board, the requested copy shall be marked as "RECONSTITUTED".
If it
is denied or not acted upon by the Board, the voter may file not later than
January 24, 2020 for the Barangay and Sangguniang Kabataan Elections and
January 21, 2022 for the National and Local Elections with the proper Municipal
or Metropolitan Trial Court a petition for an order directing that the voter's
registration record be included in the precinct book of voters. The voter shall
attach to the petition a certified true copy of his/her registration record or
identification card or the entry of his/her name in the list of voters used in
the preceding election, together with proof that his/her application was denied
or not acted upon by the Board and that he/ she has served notice thereof to
the Board.
SEC. 25. Reconstitution of Lost or Damaged VRRs in Case of Calamity and Force
Majeure. - The EO shall immediately
request for reconstitution of VRRs to the Commission En Banc, through the
Election Records and Statistics Department (ERSD) for approval. In support of
the request, the EO shall submit a narrative report detailing the fact of
loss/damage of the VRRs.
Once
approved, the OEOs concerned shall observe the following procedures:
1.
For Damaged (partial/total)
VRRs with serviceable VRMs
a.
Coordinate with the OPES for the
reproduction of the available copies of VRRs. In the absence of OPES file,
request shall be made to the ERSD for the VRRs stored in the central file;
b.
In case of the unavailability of VRRs
in the OPES and Central File, generate and print Voters' Certifications (VCs)
using the Voter Registration System (VRS);
c.
Print the word "RECONSTITUTED" in
the upper right top portion of the reproduced VRRs or printed VCs indicating
the date of the reconstitution with the EO's signature;
d.
Compile the reproduced VRRs or
printed VCs in the precinct book of voters, if available. In the absence of
precinct book of voters, the same shall be filed in a folder properly marked as
"Precinct Book of Voters"; and
e.
Submit status reports to ERSD and
EBAD.
2.
For Damaged (partial/total)
VRRs with unserviceable VRMs
a.
Coordinate with the OPES for the
reproduction of available copies of VRRs. In the absence of OPES file, request
shall be made to the ERSD for the VRRs stored in the central file;
b.
In case of the unavailability of VRRs
in the OPES and Central File, request shall be made to the Information
Technology Department (ITD) for the back-up copy of the database used in the
immediately preceding elections;
c.
Coordinate with the nearest OEOs,
with the assistance of the CVL Technician, for the generation and printing of
VCs in the VRS;
d.
Print the word "RECONSTITUTED" in
the upper right top portion of the reproduced VRRs or printed VCs indicating
the date of the reconstitution and signed by the EO; and
e.
Proceed with the procedures stated in
No. 1, paragraphs (d) and (e).
In
order to guide the concerned OEOs in the performance of the aforementioned
procedures, EBAD will promptly provide them with a copy of Projects of
Precincts (POPs) as their reference.
SEC. 26. Applicants' Database (Comelec Folder). - The EO shall submit to ITD, either through file transfer
protocol (FTP) or courier services provider of the Commission, a monthly backup
of the applicants' database ( VRS Comelec folder,) on or before the 5th day of
the succeeding month during the registration period.
SEC. 27. Challenges to the Right to Register. - Any person applying for registration may be challenged in
writing and under oath during the reception of the application or before the
Board by any voter or representative of a registered political party in
accordance with the schedule provided in Section 5 hereof. The challenge shall
be attached to the application form together with the proof of notice of
hearing to the applicant.
SEC. 28. Authority of EO to Administer Oath and Issue Summons. - The EO or in his/her absence, the Election Assistant (EA) acting
as EO, shall administer oath, issue subpoena duces tecum, summons
and swear in witnesses for purposes of registration. No fees shall be charged
for the administration of the oath.
Fees
and expenses incidental to the issuance and service of summons shall be as
follows:
Issuance
of Summon/s Pl0.00 per applicant voter.
Service of Summon/s Pl0.00 per
applicant voter.
The
Finance Services Department shall provide the guidelines and procedures in the
disbursement of the funds collected for the issuance and service of summons in
accordance with the audit rules and regulations of the Commission on Audit.
CHAPTER III
VERIFICATION OF APPLICANTS' NAMES IN THE NATIONAL LIST OF REGISTERED VOTERS
(NLRVs)
SEC. 29. Submission of Lists of Applicants. -
The EOs shall:
1.
Within three (3) days after
the end of every period to file applications provided in Section 4 of this
Rule, generate, download and submit to the Offices of the
Regional Election Director (OREDs) in case of National Capital Region,
Zamboanga City and Davao City and the Offices of the Provincial Election
Supervisor (OPESs), the:
a.
Lists of applicants (excluding
the records of applicants for [1] REACTIVATION of registration records found
DEACTIVATED in the VRS, [2] CORRECTION/CHANGE OF ENTRIES, and [3] TRANSFER
WITHIN THE SAME CITY/MUNICIPALITY) using the following procedures:
i.
From the VRS, click VIEW menu and
select PRINTING MENU;
ii.
From the displayed report type,
select "Applicants Verification Report", and click
GENERATE button;
iii.
Input covered period for verification
and click OK button to continue;
iv.
Generated report will be displayed
containing name and type of application. The report can be exported into
Portable Document Format (PDF); and
v.
The user has an option to print or
save the generated report in the external drive or in the Compact Discs (CDs)
for submission to ORED/OPES.
b.
Extract database containing names,
dates of birth, places of registration and types of applications using the
following procedures:
i.
In the VRS, click RECORD MANAGEMENT
menu and select "Extract Record for NLRV Verification";
ii.
Select or input the date range of
extraction for verification of records;
iii.
Click START button to continue the
process;
iv.
Wait for the successful message to be
displayed;
v.
Extracted file will be in a
comma-separated values (CSV) format and automatically be saved into the default
path. The OEOs have an option to transfer into the external drive or save into
the CDs for submission to ORED/OPES for verification; and
vi.
Email the file using the Official
COMELEC account to the OPES email address for verification in the NLRV.
2.
Facilitate the timely and secured
submission of the lists of applicants and extracted database (hard
drive I CDs) to the OREDs/OPESs, thru:
a.
Email using Official COMELEC account
to the ORED / OPES email address for verification in the NLRV in areas with
internet capability; and/ or
b.
Personal delivery of external drive
or CDs in areas without internet capability or in far-flung municipalities.
3.
After receipt of the verified list of
applicants with annotation (external drive or CDs or through emaiij from the
OREDs/OPES, the following procedures shall be observed:
a.
Print the verified list of
applicants (PDF format) and cause the posting of the name of
applicant/s with finding/ s in the OEOs bulletin boards;
b.
Annotate in the affected application
forms the finding/s;
c.
Send, before the scheduled Election
Registration Board (ERB) hearing, individual notice/s to the affected
applicants and indicate the finding/s in the notice/s and advise him/her to
appear before the ERB for the purpose of selecting the correct type of
application; and
d.
Submit all applications to the ERB
for approval/disapproval.
SEC. 30. Verification of Applicants' Names in the NLRV. - The Regional Election Director (RED) and/ or Assistant Regional
Election Director (ARED) in NCR; REDs and AREDs exercising direct supervision
over Zamboanga City and Davao City and the Provincial Election Supervisors
(PESs) shall:
1.
Take custody of and access to the
National List of Registered Voters (NLRV) Database.
2.
Upon receipt of the lists of
applicants transmitted through FTP or stored in the hard drive I CDs I
email from Official COMELEC account conduct matching verification of
the applicants records in the NLRV database.
3.
In the NLRV database matching
verification, the following procedures shall be observed:
a.
Insert the medium device or emailed
file submitted by the EOs;
b.
Launch the Applicants
Verification System (AVS);
c.
Multi-factor authentication screen
will be displayed;
d.
Input USERID and PASSWORD for initial
validation and subsequently place the registered fingerprint of the REDs/AREDs/PESs/EAs into
the fingerprint scanner for authentication;
i.
Applicants Verification System screen
will be displayed, click FILE menu to display SEARCH window;
ii.
Locate the extracted file to be
loaded and click IMPORT button to display content of the uploaded file;
iii.
After the successful importing of
data, click the VERIFY button, wait for the successful message to prompt;
iv.
Click PRINT button to generate
applicants matching results; and
v.
The RED (NCR, IX & XI) / PES has
an option to print or export the generated matching report.
4.
Transmit the verified applicants'
list to the OEOs either through the Official COMELEC email account or by
personal delivery of the hard drive or CDs and ensure that the same will be
received by the OEOs not later than Seven (7) days before
the scheduled ERB Hearing as provided in this Rule.
CHAPTER IV
ELECTION REGISTRATION BOARD ACTION
SEC. 31. Election Registration Board (ERB). -
There shall be in each city and municipality as many Election Registration
Boards (Board) as there are EOs therein. In thickly populated
cities/municipalities, the Commission may appoint additional EOs for such
duration as may be necessary. The ERB shall be composed of the EO as
chairperson and as members, the public school official most senior in rank and
the local civil registrar, or in his/her absence, the city or municipal
treasurer.
SEC. 32. Substitution. In the absence, disqualification
or incapacity for any cause of the Chairperson, the Commission, through the
PES, shall designate an Acting Election Officer (AEO) to serve as administering
officer for registration purposes, and as Chairman of the Board, subject to
confirmation by the RED. For NCR, Davao City and Zamboanga City, the RED shall
designate the substitute, subject to the confirmation of the Executive Director
(ED).
In
case of absence, disqualification or incapacity for any cause of the Local
Civil Registrar (LCR) or the Municipal Treasurer or public school officials
most senior in rank, the Commission, through the PES, shall designate a
substitute any appointive civil service official from the same locality, or the
next most senior in rank, as far as the public school official is concerned,
subject to confirmation by the RED. For NCR and Zamboanga City, the RED shall
designate the substitute, subject to the confirmation of the ED.
SEC. 33. Disqualification. -
No member of the Board shall be related to each other or to any incumbent city
or municipality elective official within the fourth civil degree of
consanguinity or affinity.
A
verified petition for disqualification may be filed against any member of the
Board not later than ten (10) days from date of the first day
of Board hearing to the PES and in case of NCR and Zamboanga City to the RED.
The petition must be accompanied by proof of service to the challenged member
of the Board. Absence of proof of service is a ground for outright dismissal.
The
challenged member may file his/her answer within three (3) days from the receipt
of the copy of the petition. With or without the answer, the PES/RED must
resolve the petition not later than three (3) days from scheduled hearing of
Board.
No
petition for disqualification shall be entertained in the succeeding quarterly
Board hearings, unless there is substitution of members or supervening event
that would re-open the issue on qualification. The same periods shall be
observed for subsequent petitions for disqualification.
SEC. 34. Schedule of Hearing and Compensation. - All Applications for registration shall be heard and processed
on the schedule provided under Section 5 of this Rule. Should one day be
insufficient to act on all applications, the Board shall meet until all
applications shall have been processed but in no case shall exceed five (5)
days.
Unless
the Commission provides otherwise, each member of the Board shall be entitled
to an honorarium, to wit:
Number of Applications
|
Number of day(s) of ERB Hearing
|
Honorarium
|
Less
than 1,000
|
One (1)
|
P
1,000.00
|
1,000
up to 2,000
|
Two (2)
|
P
1,500.00
|
2,001
up to 3,000
|
Three
(3)
|
P
2,000.00
|
3,001
to 4,000
|
Four
(4)
|
P
2,500.00
|
Above
4,000
|
Five
(5)
|
P
3,000.00
|
SEC. 35. Notice of Hearing of Applications. -
Upon receipt of the applications, the EO shall immediately set them for
hearing, notice of hearing with attached list of applicants shall be posted in
the bulletin boards of the OEO and in the city /municipality hall in accordance
with the schedule provided in Section 4 hereof, furnishing copies thereof to
the members of the Board, heads or representatives of registered political
parties and other accredited groups or organization in the city /municipality.
Each
applicant will be notified of the date of the Board hearing of his/her
application by indicating the same in the Acknowledgement Receipt, with
information that he/ she need not appear unless required by the Board to do so.
On the date of the hearing, the EO shall receive such evidence for or against
the applicant.
SEC. 36. List of Applicants. -
The EO, prior to the scheduled Board hearing, shall prepare a list of
applicants indicating therein the names, addresses of the applicants and type
of applications. The List of Applicants shall be posted in the bulletin board
of the OEO together with the Notice of Hearing. Non-compliance with the
posting of notice of hearing with list of applicants shall be considered as
election offense.
SEC. 37. Watchers. Every registered party and such
organizations as may be authorized by the Commission shall be entitled to a
watcher during the reception of the applications and in every Board hearing.
SEC. 38. - Procedures for Processing Applications
a.
Preliminaries. The Board shall meet at the OEO at the date and time indicated in
the notice.
Before the hearing begins, the EO as Chairman shall:
1.
Let the members and others present
log their names on the attendance sheet;
2.
Call the proceedings to order;
3.
Request counsels, if any, to enter
their appearances; and
4.
Determine if there is a quorum. If
there is none, the EO shall adjourn and reset the hearing
b.
Rules to be observed during
the hearing. The proceedings shall be
summary. No dilatory tactics or scheme that will delay the proceedings shall be
countenanced by the Board. All arguments made by parties or counsels during the
proceedings shall be noted in the Minutes.
Rules to be observed:
1.
New Registration. The Board shall ascertain if the applicant possesses all the
qualifications and none of the disqualifications under the law.
2.
Transfer of Registration
Records. The Board shall determine if
the applicant has actually transferred residence to the city, municipality
where he/she filed his/her application.
3.
Change of Address in the
Same City or Municipality. If the change of
address involves a change in precinct, the Board shall transfer his/her
registration record to the precinct book of voters of his/ her new precinct and
notify the voter of his/her new precinct.
4.
Correction of Entry/Change
of Status. The Board shall consider the
affidavit and the attached document(s) in support thereto.
5.
Reactivation of Registration. The Board shall determine the grounds for which the voter's registration
record was deactivated and that said grounds no longer exist.
c.
Hearing proper - The hearing proper shall proceed as follows:
1.
The Chairman shall present to the
other members of the ERB all applications that are not seasonably objected or
without negative findings in the NLRV verification. The Board shall examine
each application and if it finds the application in order, by majority vote
shall approve the applications. Otherwise, the application shall be set aside
for later consideration;
2.
The Chairman shall then submit to the
other members the findings of the ORED/OPES NLRV verification of the names of
applicants.
If the applicant is present, the Chairman shall apprise the applicant of the
finding/s and advise him/her to select/choose the correct type of application
in the registration form, if he/she desires.
If the applicant unjustly refuses to select/choose the correct type of
application, such refusal shall be the basis for the disapproval of the
application.
In case the applicant failed to appear during the hearing despite notice,
the non-appearance of the applicant shall be construed as waiver of his/her
right and consider as ground for the disapproval of the application.
In the event that there is a need to change the type of application/s in the
VRS, the Chairman/EO shall make request for the change of application in the
VRS to the ITD, through the EBAD.
d.
The Chairman shall next submit to the
Board all applications that are objected/opposed, together with the evidence
received in connection therewith:
a.
The Chairman shall announce the name
of the first applicant whose application for registration is objected/opposed
and verify if the applicant is physically present and request him/her to stand
up and approach the Board;
b.
The applicant shall be informed of
his/her right to rebut or refute the evidence presented and asked if he/she
intends to do so;
c.
Allow said applicant to present
his/her evidence unless the same has already been filed;
d.
Oppositors/counsel are not allowed to
crossexamine the applicant after presenting his/her evidence. However, the
Board may propound clarificatory questions;
e.
Proceed to the next application
following the same procedure; and
f.
The Board shall continue processing
the applications previously set aside by taking into consideration the material
defects in the processing of the applications.
e.
Approval or Disapproval of
Applications. After processing all the
applications with objections/oppositions, the Board shall, by majority vote,
approve or disapprove the applications based on the documents/pleadings
submitted.
Actions taken by the Board need not be declared immediately during the hearing.
In case of disapproval, the applicant shall be furnished with a certificate of
disapproval stating the ground(s) therefor.
After the termination of the proceedings, the Board shall put a
corresponding check (✓) on the appropriate box provided in
Part 3 of the application form. indicate the date of approval/disapproval and
affix their signatures in the space provided therein. If the ERB disapproves
the application. the reason thereof shall be indicated in the application.
f.
Preparation of the Minutes
of Proceedings. After every meeting, the Board
shall prepare the Minutes of the Proceedings which shall include, among others,
the following:
0.
Number of all applications submitted
to the Board for consideration;
1.
Number of applications with
objections/ oppositions;
2.
List of applicants whose applications
for registration/transfer (within and from outside)/deactivation/correction of
entries/change of name/reactivation/inclusion/reinstatement of record, were
approved or disapproved by the ERB indicating the application number opposite
their names; and
3.
Brief narration of the proceedings of
the Board.
g.
Distribution of the Minutes
of Proceedings. The EO shall, within five (5)
days from the last day of hearing of the Board, distribute copies of the
Minutes to the following:
0.
One (1) copy to the OPES;
1.
One (1) copy each to the representatives
of the Dominant Majority Party and the Dominant Minority Party;
2.
One (1) copy shall be posted in the
bulletin board of his/her Office;
3.
One (1) copy shall be submitted to
ODEDO as basis for payment of honorarium;
4.
One (1) copy in CD form shall be
submitted to the Registration Division of EBAD with the required attachments;
and
5.
File copy for the EO.
Failure
to comply with the foregoing requirements shall be ground for disciplinary
action/s and withholding of benefits granted
SEC. 39. Implementation of Court Inclusion Order. - The Board, through the EO, shall implement Court
Inclusion/Exclusion Orders that have become final and executory.
The EO
shall immediately submit a report on the implementation of court inclusion
order/s by the Board to EBAD for the issuance of access code by ITD for
inclusion of the name of the voter/s in the voter's registration database.
SEC. 40. Abatement of Double/Multiple Registration Records. - All registration records found to be double/multiple based on the
Automated Fingerprint Identification System (AFIS) results, shall be submitted
to the ERB for abatement in the database pursuant to the policy adopted in
Resolution No. 9888 (Uniform and Simplified Procedures to be observed by the
Offices of the Election Officers and members of the Election Registration
Boards in the abatement of subsequent registration records of voters found to
have double/ multiple registration records through AFIS) and manually cross-out
in the lists of voters pursuant to Resolution No. 10516 (In the matter of Policy Guidelines and Procedures in the Conduct
of Manual Cross Out and Inclusion of Names of Voters in the EDCVLs and PCVLs in
connection to the May 13, 2019 NLE).
SEC. 41. Deactivation of Registration. -
a) The deactivation of voters' registration records shall be made based on the
following grounds, to wit:
a.
Those who have 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, that
any such person shall automatically reacquire the right to vote upon the
expiration of five (5) years after service of sentence as certified by the
clerk of court of the Municipal/Municipal Circuit/Metropolitan/Regional Trial
Courts or the Sandiganbayan;
b.
Those who have been adjudged by final
judgment of 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 their full civil and political rights in accordance
with law; Provided, that such person shall automatically regain his right to
vote upon the expiration of five (5) years after service of sentence;
c.
Those declared by competent authority
to be insane or incompetent;
d.
Those who failed to vote in the two
(2) successive preceding regular elections as shown in their voting records.
For this purpose, regular elections do not include the Sangguniang Kabataan
(SK) elections;
e.
Those ordered excluded from the list
of voters by the court;
f.
Those who have lost their Filipino
citizenship.
For this purpose, the clerk of court shall furnish the EO concerned at the end
of each month a certified list of persons with their addresses, who have lost
their Filipino citizenship; were declared insane/incompetent; have been
sentenced by final judgment to suffer imprisonment of not less than one (1)
year or have committed a crime involving disloyalty to the duly constituted
government.
After
the voter's registration record has been deactivated, the Board shall remove
the same from the corresponding precinct book of voters. Properly marked and
dated in indelible ink, place the same in the inactive file after entering
therein the cause/s of deactivation.
For
BSKE, deactivation shall be done from July 1, 2019 to July 31, 2019. The
registration records subject to deactivation shall be submitted to the board
for consideration during the August 13, 2019 hearing. Thereafter, EO shall
notify the affected voters on the deactivation of his/her registration records
and cause the posting of the list of deactivated voters in the
OEO/City/Municipal bulletin boards.
SEC. 42. Cancellation of Registration Records. - The Board shall cancel the registration records of those who
have died based on the following documents:
b.
Sworn declaration of next of kin who
have personal knowledge of the death and identity of the deceased; and
c.
National List of Deceased Persons of
Voting Age to be provided by the National Statistics Office (NSO) pursuant to
Resolution No. 9712, duly verified by EBAD and ITD in the central database.
Before
the Board hearing, the EO shall post in the bulletin boards of his/her Office
and in the city /municipal hall the aforementioned lists, furnishing copies
thereof to the local heads of registered political parties; the surviving
spouse, if married; father or mother, if single; or if he/she has none, the
nearest kin.
SEC. 43. Publication of Action on the Application. - Within five (5) days from approval or disapproval of
applications, the Board shall post notices in the bulletin boards of the OEO
and city/municipal hall, stating the names and addresses of the applicants, the
dates of the applications and the actions taken thereon. The EO shall serve a
copy of the notice either personally or by registered mail or special delivery,
to the local heads or representatives of registered political parties in the
city/municipality.
CHAPTER V
KK, PWD, SC AND ICC/IPs REGISTRATION RECORDS
SEC. 44. - PWDs and Senior Citizens and Members of ICCs/IPs. - PWDs and senior citizens who are already registered but have not
indicated the type of their disability, or who may have developed or manifested
such disability after having been registered, may update their registration
records during the registration period.
Members
of the indigenous communities who have previously registered but have not
indicated the name of the IP community to which they belong shall be allowed to
update thier registration records.
The
updating of the registration records shall be in accordance with the following
procedure:
a.
The PWD/senior citizen/member of
ICC/IP voters shall personally appear before the OEO / satellite registration
office. PWD / senior citizen voters applying for the updating of their records
shall likewise be accommodated in the express lane;
b.
The EO shall conduct an interview on
the personal circumstances in order to establish the identity of the PWD/senior
citizen/member of ICC/IP voters. He/she shall be required to present any of the
documents enumerated in Section 13 hereof;
c.
Once the identity is established, the
PWD / senior citizen/member of ICC/IP voters shall accomplish the prescribed
form (Annex "B"). PWDs/ senior citizens shall indicate the type of
disability, assistance needed during election day and willingness to vote in
the precincts assigned in accessible polling places (APP), while the members of
ICC/IP shall indicate his/her tribe or community and submit the accomplished
form to the EO.
d.
The PWD / senior citizen/member of
ICC/IP voters shall be instructed to affix his/her signature in the logbook.
SEC. 45. Extraction of the Registration Records of KK Members. - The EO shall ensure the complete extraction of the registration
records of KK members from SK database to the regular database who will turn
eighteen (18) years on election day.
SEC. 46. Extraction of Records of PWDs, Senior Citizens and ICC/IP in the
Database. - The records of registered
PWDs, Senior Citizens and members of ICC/IP who have accomplished the
Supplementary Data Form (Annex "B") and manifested their intent to
vote in the APP shall be tagged in the VRS in a quarterly basis. Final
extraction of their records from their original precinct and assignment in the
special precinct referred to in the preceding section shall be made after the
last Board hearing prior to the scheduled elections.
SEC. 47. Withdrawal of Intent to Vote in APP. - PWDs, Senior Citizens and ICC/IP who have previously manifested
their intent to vote in an APP and whose records have been transferred to the
special precincts, may revert to their regular precincts, unless the same has
reached the maximum number of voters. In such cases, he/she shall be included
in another precinct comprising/ covering the same territorial jurisdiction. For
this purpose, he/she shall update again his/her registration record using the
Supplementary Data Form (Annex "B") during the period of fining of
applications for registration.
CHAPTER VI
SEGREGATION, CUSTODY AND BACK-UP OF DATABASE
SEC. 48. Segregation, Custody and Back-up of Database in Compact Discs.
a.
On a daily basis, the EO shall:
1.
Gather all accomplished application
forms;
2.
Back-up the captured data in compact
discs (CDs) through the VRM Operator. Failure to perform the back-up
procedure shall be a ground for administrative disciplinary action.
3.
Arrange all accomplished forms
alphabetically by surname per barangay and by precinct;
4.
Generate a list of those who applied
for registration or transfer of registration for the day, and other
applications using the VRS Program. Said list shall be posted in the bulletin
boards of the OEO and the city/municipality hall;
5.
Record in the logbook any untoward
incident and the action taken as well as important occurrences and incidents
during the registration days; and
6.
Store the application forms, CDs and
supplies in a safe and secure place. CDs that are not yet full or not have been
finalized shall be used in the succeeding registration days.
b.
At the end of the registration period
(quarterly), the EO shall
1.
Generate Statistical Report on the
number of applicants per application type;
2.
Submit to the Board all applications
received including the list of application and Statistical Report for action;
3.
Segregate all approved applications
as follows:
i.
The first copy shall remain with the
EO;
ii.
The second copy, together with the
Minutes of the Proceedings, to the OPES; and
iii.
The third copy to the National
Central File Division of the ERSD which shall be submitted within two (2) weeks
from every Board hearing.
All disapproved applications shall remain in the custody of the EO.
4.
Finalize CD and back-up file
document.mdb or comelec.(myi, myd and frm) and delete the records of all
disapproved applications. The back-up of the document.mdb or comelec(myi, myd
and frm) shall contain only records approved by the Board;
5.
Execute the CONSOLIDATION function in
the VRM which will extract records of all approved applications filed during
the registration period; and
6.
Submit the CDs containing the
extracted records to ITD, through the authorized courier service of the
Commission, within five (5) days after the Board hearing.
CHAPTER VII
POST REGISTRATION PROCEDURES
SEC. 49. Assignment of Precinct Number. -
In the assignment of precinct, the following guidelines shall be observed:
A.
Katipunan ng Kabataan:
1.
SK Precincts established during the
May 14, 2018 BSKE shall be maintained; and
2.
Newly approved SK applicants shall be
assigned in the established SK precincts of their place of registration.
Spin-off precincts shall be created if the numbers of SK voters exceed the
maximum of two - hundred (200) voters per precinct.
B.
Regular Voters:
1.
PWDs, SCs, IPs established special
precincts in accessible polling places during the May 13, 2019 National and
Local Elections shall be maintained.
2.
PDLs who opt to register in the
precinct comprising the jail/prison facility should be assigned in the said
precinct provided there are also non-PDL voters registered in the said
precinct. In no case shall there be precincts exclusively established
for PDL voters only.
3.
For other regular voters, the
assignment of precinct shall be in accordance with Section 14 (C6) of this
Rule.
SEC. 50. Submission of Quarterly Progress Report (QPR) and Projects of Precincts
(POPs). - The EO shall submit to EBAD
soft copy of the QPR not later than the tenth (10th) day after every quarterly
Board hearing.
After
the last Board hearing for the BSKE, submit the POP and SNPDAT, through FTP and
email to EBAD and ITD within the same period of ten (10) days.
SEC. 51. Compilation of VRRs. -
The original copies of the newly approved applications shall be compiled in the
Books of Voters.
SEC. 52. 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/her name in the permanent list of
voters in his/her precinct at any time but not later than January 24,
2020 for the Barangay and Sangguniang Kabataan Elections and January
21, 2022 for the National and Local Elections. It shall be supported
by a certificate of disapproval of his/her application and proof of service of
notice of his/her petition upon the Board. The petition shall be decided within
fifteen (15) days after its filing.
SEC. 53. Petition for Exclusion of Voters from the List - Any registered voter, representative of a political party or the
EO, 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 but not later than January 31, 2020 for
the Barangay and Sangguniang Kabataan Elections and January 28, 2022 for
the National and Local Elections. 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's name 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
place the record in the inactive file.
SEC. 54. ERB Certification of the Lists of Voters. - The Board shall post notice of its meeting for the Certification of
the List of Voters, which shall be made five (5) days prior to the scheduled
posting referred to in Section 55 of this Rule, in the bulletin board of the
OEO and the city/municipal hall.
For
purposes of signing the Election Day Computerized Voters Lists (EDCVLs) and
Posted Computerized Voters Lists (PCVLs) during the conduct of verification and
certification, each member of the Board shall be paid an honorarium based on
the number of pages as provided in Resolution No. 10188 dated July 19, 2017.
SEC. 55. Posting of the Certified and Final List of Voters. - The Board shall post the certified and final list of voters in
the bulletin board of the OEO ninety (90) days before the election or on the
date fixed by the Commission.
SEC. 56. Mobilization/Transportation Allowance. The Finance Services Department shall facilitate the immediate
release of the OEOs mobilization/transportation allowance during the
registration of voters including the conduct of mandatory satellite
registration of voters as provided in Section 8 (A) of this rule, in accordance
with the existing policy of the Commission, subject tot he auditing rules and
regulation of the Commission on Audit.
SEC. 57. Role of the Registration Election Directors (REDs) and Assistant
Election Directors (AREDs) and Provincial Election Supervisors (PESs). - The REDs, AREDS, and PESs shall ensure the strict implementation
of the provision of this Resolution and the timely compliance of the
reportorial requirements. Non-compliance shall be dealt with administratively
in accordance with the existing policy of the Commission.
SEC. 58. Applicability of Other Resolution of the Commission. - Other Resolution of the Commission insofar as applicable and not
inconsistent herewith shall apply.
SEC. 59. Effectivity. - This Resolution
shall take effect seven (7) days after its publication in two (2) newspapers of
general circulation in the Philippines. The Education and Information
Department is hereby directed to cause the widest dissemination of this
Resolution and its publication.
Let
the Executive Director, Deputy Executive Director for Operations, Finance
Services Department, Election and Barangay Affairs Department, Information
Technology Department, Regional Election Directors, Provincial Election
Supervisors and Election Officers implement this Resolution.
SO
ORDERED.
SIGNED:
·
ABAS, SHERIFF M., Chairman
·
PARREÑO, AL A., Commissioner
·
GUIA, LUIE TITO F., Commissioner
·
GUANZON, MA. ROWENA AMELIA V., Commissioner
·
INTING, SOCORRO B., Commissioner
·
CASQUEJO, MARLON S., Commissioner
·
KHO, ANTONIO JR. T., Commissioner
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