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ELEC_ASGN_CH4

ELEC_ASGN_CH4

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RA 8189 Voters Registration Act of 1996IV. REGISTRATION OF VOTERS1. QUALIFICATIONS OF VOTERSSection 9.
Who may Register.
All citizens of the Philippines nototherwise disqualified by law who are at least eighteen (18)years of age, and who shall have resided in the Philippines for atleast one (1) year, and in the place wherein they propose tovote, for at least six (6) months immediately preceding theelection, may register as a voter.Any person who temporarily resides in another city,municipality or country solely by reason of his occupation,profession, employment in private or public service, educationalactivities, work in the military or naval reservations within thePhilippines, service in the Armed Forces of the Philippines, theNational Police Forces, or confinement or detention ingovernment institutions in accordance with law, shall not bedeemed to have lost his original residence.Any person, who, on the day of registration may not havereached the required age or period of residence but, who, onthe day of the election shall possess such qualifications, mayregister as a voter.
Section 10.
Registration of Voters.
A qualified voter shall beregistered in the permanent list of voters in a precinct of thecity or municipality wherein he resides to be able to vote in anyelection. To register as a voter, he shall personally accomplishan application form for registration as prescribed by theCommission in three (3) copies before the Election Officer onany date during office hours after having acquired thequalifications of a voter.The application shall contain the following data:a) Name, surname, middle name, and/or maternal surname;b) Sex;c) Date, and place of birth;d) Citizenship;e) Civil status, if married, name of spouse;f) Profession, occupation or work;g) Periods of residence in the Philippines and in the place of registration;h) Exact address with the name of the street and house numberfor location in the precinct maps maintained by the local officeof the Commission, or in case there is none, a brief descriptionof his residence, sitio, and barangay;i) A statement that the applicant possesses all the qualifications of a voter; j) A statement that the applicant is not a registered voter of anyprecinct; andk) Such information or data as may be required by theCommission.The application for registration shall contain three (3) specimensignatures of the applicant, clear and legible rolled prints of hisleft and right thumbprints, with four (4) identification sizecopies of his latest photograph, attached thereto, to be taken atthe expense of the Commission.Before the applicant accomplishes his application forregistration, the Election Officer shall inform him of thequalifications and disqualifications prescribed by law for a voter,and thereafter, see to it that the accomplished applicationcontains all the data therein required and that the applicantsspecimen signatures, fingerprints, and photographs areproperly affixed in all copies of the voters application.
2
. DISQUALIFICATIONS
 
Section 11.
D
isqualification.
The following shall be disqualifiedfrom registering:a) Any person who has been sentenced by final judgment tosuffer imprisonment of not less than one (1) year, such disabilitynot having been removed by plenary pardon or amnesty:Provided, however, That any person disqualified to vote underthis paragraph shall automatically reacquire the right to voteupon expiration of five (5) years after service of sentence;b) Any person who has been adjudged by final judgment by acompetent court or tribunal of having committed any crimeinvolving disloyalty to the duly constituted government such asrebellion, sedition, violation of the firearms laws or any crimeagainst national security, unless restored to his full civil andpolitical rights in accordance with law: Provided, That he shallautomatically reacquire the right to vote upon expiration of five(5) years after service of sentence; andc) Insane or incompetent persons declared as such bycompetent authority unless subsequently declared by properauthority that such person is no longer insane or incompetent.
3
. ELECTION REGISTRATION BOARDSection 15.
lection Registration Board.
There shall be in eachcity and municipality as many as Election Registration Boards asthere are election officers therein. In thickly populatedcities/municipalities, the Commission may appoint additionalelection officers for such duration as may be necessary.The Board shall be composed of the Election Officer aschairman and as members, the public school official most seniorin rank and the local civil registrar, or in this absence, the city ormunicipal treasurer.In case of disqualification of the Election Officer, theCommission shall designate an acting Election Officer who shallserve as Chairman of the Election Registration Board. In case of 
 
disqualification or non-availability of the Local Registrar or theMunicipal Treasurer, the Commission shall designate any otherappointive civil service official from the same locality assubstitute.No member of the Board shall be related to each other or toany incumbent city or municipal elective official within thefourth civil degree of consanguinity or affinity. If in succeedingelections, any of the newly elected city or municipal officials isrelated to a member of the board within the fourth civil degreeof consanguinity or affinity, such member is automaticallydisqualified to preserve the integrity of the Election RegistrationBoard.Every registered party and such organizations as may beauthorized by the Commission shall be entitled to a watcher inevery registration board.
4
. DEACTIVATION OF REGISTRATION & REACTIVATION OFREGISTRATIONSection
27
.
D
eactivation of Registration.
The board shalldeactivate the registration and remove the registration recordsof the following persons from the corresponding precinct bookof voters and place the same, properly marked and dated inindelible ink, in the inactive file after entering the cause orcauses of deactivation:a) Any person who has been sentenced by final judgment tosuffer imprisonment for not less than one (1) year, suchdisability not having been removed by plenary pardon oramnesty: Provided, however, That any person disqualified tovote under this paragraph shall automatically reacquire theright to vote upon expiration of five (5) years after service of sentence as certified by the clerks of courts of theMunicipal/Municipal Circuit/Metropolitan/Regional Trial Courtsand the Sandiganbayan;b) Any person who has been adjudged by final judgment by acompetent court or tribunal of having caused/committed anycrime involving disloyalty to the duly constituted governmentsuch as rebellion, sedition, violation of the anti-subversion andfirearms laws, or any crime against national security, unlessrestored to his full civil and political rights in accordance withlaw; Provided, That he shall regain his right to voteautomatically upon expiration of five (5) years after service of sentence;c) Any person declared by competent authority to be insane orincompetent unless such disqualification has been subsequentlyremoved by a declaration of a proper authority that suchperson is no longer insane or incompetent;d) Any person who did not vote in the two (2) successivepreceding regular elections as shown by their voting records.For this purpose, regular elections do not include theSangguniang Kabataan (SK) elections;e) Any person whose registration has been ordered excluded bythe Court; andf) Any person who has lost his Filipino citizenship.For this purpose, the clerks of court for the Municipal/MunicipalCircuit/Metropolitan/Regional Trial Courts and theSandiganbayan shall furnish the Election Officer of the city ormunicipality concerned at the end of each month a certified listof persons who are disqualified under paragraph (a) hereof,with their addresses. The Commission may request a certifiedlist of persons who have lost their Filipino Citizenship ordeclared as insane or incompetent with their addresses fromother government agencies.The Election Officer shall post in the bulletin board of his officea certified list of those persons whose registration weredeactivated and the reasons therefor, and furnish copiesthereof to the local heads of political parties, the nationalcentral file, provincial file, and the voter concerned.
Section
2
8.
Reactivation of Registration.
Any voter whoseregistration has been deactivated pursuant to the precedingSection may file with the Election Officer a sworn application forreactivation of his registration in the form of an affidavit statingthat the grounds for the deactivation no longer exist any timebut not later than one hundred twenty (120) days before aregular election and ninety (90) days before a special election.The Election Officer shall submit said application to the ElectionRegistration Board for appropriate action.In case the application is approved, the Election Officer shallretrieve the registration record from the inactive file andinclude the same in the corresponding precinct book of voters.Local heads or representatives of political parties shall beproperly notified on approved applications.
5. INCLUSION AND EXCLUSION PROCEEDINGS; JURISDICTION;PETITIONSSection
32
.
ommon Rules Governing Judicial, Proceedings in theMatter of Inclusion,
Ex 
clusion, and 
orrection of Names of Voters.
 a) Petition for inclusion, exclusion or correction of names of voters shall be filed during office hours;b) Notice of the place, date and time of the hearing of thepetition shall be served upon the members of the Board and thechallenged voter upon filing of the petition. Service of suchnotice may be made by sending a copy thereof by personaldelivery, by leaving it in the possession of a person of sufficientdiscretion in the residence of the challenged voter, or byregistered mail. Should the foregoing procedures not bepracticable, the notice shall be posted in the bulletin board of the city or municipal hall and in two (2) other conspicuousplaces within the city or municipality;c) A petition shall refer only to one (1) precinct and implead theBoard as respondents;d) No costs shall be assessed against any party in theseproceedings. However, if the court should find that theapplication has been filed solely to harass the adverse party andcause him to incur expenses, it shall order the culpable party topay the costs and incidental expenses;
 
e) Any voter, candidate or political party who may be affectedby the proceedings may intervene and present his evidence;f) The decision shall be based on the evidence presented and inno case rendered upon a stipulation of facts. If the question iswhether or not the voter is real or fictitious, his non-appearanceon the day set for hearing shall be prima facie evidence that thechallenged voter is fictitious; andg) The petition shall be heard and decided within ten (10) daysfrom the date of its filing. Cases appealed to the Regional TrialCourt shall be decided within ten (10) days from receipt of theappeal. In all cases, the court shall decide these petitions notlater than fifteen (15) days before the election and the decisionshall become final and executory.
Section
33
.
 Jurisdiction in Inclusion and 
Ex 
clusion
ase.
TheMunicipal and Metropolitan Trial Courts shall have original andexclusive 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 bythe aggrieved party to the Regional Trial Court within five (5)days from receipt of notice thereof. Otherwise, said decisionshall become final and executory. The regional trial court shalldecide the appeal within ten (10) days from the time it isreceived and the decision shall immediately become final andexecutory. No motion for reconsideration shall be entertained.
Section
34
.
Petition for Inclusion of Voters in the List.
Any personwhose application for registration has been disapproved by theBoard or whose name has been stricken out from the list mayfile with the court a petition to include his name in thepermanent list of voters in his precinct at any time except onehundred five (105) days prior to a regular election or seventy-five (75) days prior to a special election. It shall be supported bya certificate of disapproval of his application and proof of service of notice of his petition upon the Board. The petitionshall be decided within fifteen (15) days after its filing.If the decision is for the inclusion of voters in the permanent listof voters, the Board shall place the application for registrationpreviously disapproved in the corresponding book of voters andindicate in the application for registration the date of the orderof inclusion and the court which issued the same.
Section
3
5.
Petition for 
Ex 
clusion of Voters from the List.
Anyregistered voters, representative of a political party or theElection Officer, may file with the court a sworn petition for theexclusion of a voter from the permanent list of voters giving thename, address and the precinct of the challenged voter at anytime except one hundred (100) days prior to a regular electionor sixty-five (65) days before a special election. The petitionshall be accompanied by proof of notice to the Board and to thechallenged voter and shall be decided within ten (10) days fromits filing.If the decision is for the exclusion of the voter from the list, theBoard shall, upon receipt of the final decision, remove thevoters registration record from the corresponding book of voters, enter the order of exclusion therein, and thereafterplace the record in the inactive file.
OMNIBUS ELECTION CODEIV. R E G I S T R A T I O N OF V O T E R S
1. QUALLIFICATIONSec. 117. Qualifications of a voter. - Every citizen of thePhilippines, not otherwise disqualified by law, eighteen years of age or over, who shall have resided in the Philippines for oneyear and in the city or municipality wherein he proposes to votefor at least six months immediately preceding the election, maybe registered as a voter.Any person who transfers residence to another city,municipality or country solely by reason of his occupation;profession; employment in private or public service;educational activities; work in military or naval reservations;service in the army, navy or air force; the constabulary ornational police force; or confinement or detention ingovernment institutions in accordance with law, shall bedeemed not to have lost his original residence.2. DISQUALIFICATIONSSec. 118. Disqualifications. - The following shall be disqualifiedfrom voting:(a) Any person who has been sentenced by final judgment tosuffer imprisonment for not less than one year, such disabilitynot having been removed by plenary pardon or grantedamnesty: Provided, however, That any person disqualified tovote under this paragraph shall automatically reacquire theright to vote upon expiration of five years after service of sentence.(b) Any person who has been adjudged by final judgment by competent court or tribunal of having committedany crime involving disloyalty to the duly constitutedgovernment such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against nationalsecurity, unless restored to his full civil and political rights inaccordance with law: Provided, That he shall regain his right tovote automatically upon expiration of five years after service of sentence. (c) Insane or incompetent persons as declared bycompetent authority.5. INCLUSION AND EXCLUSION PROCEEDINGS; JURISDICTION;PETITIONSSec. 138. Jurisdiction in inclusion and exclusion cases. - Themunicipal and metropolitan trial courts shall have original andexclusive jurisdiction over all matters of inclusion and exclusionof voters from the list in their respective municipalities or cities.Decisions of the municipal or metropolitan trial courts may beappealed directly by the aggrieved party to the proper regionaltrial court within five days from receipt of notice thereof,otherwise said decision of the municipal or metropolitan trialcourt shall become final and executory after said period. Theregional trial court shall decide the appeal within ten days fromthe time the appeal was received and its decision shall beimmediately final and executory. No motion for reconsiderationshall be entertained by the courts.

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