Double registration Comparison

2 kinds of registrants Deactivation Reactivation

1. Those who are found to be registered in 2 or more districts, Purpose
cities or municipalities Refers to a process whereby a A process whereby a voter
a) The latest registration would prevail as this is deemed record of a voter is removed whose registration has been
to be mroe in consonance with the intent of the and placed in an inactive file deactivated files a sworn
concerned registered voter accordingly, they shall be application to teh election
allwoed to vote only in one place of that which is of officer for reactivation stating
the latest registration. that teh ground of
2. Those who are found to be registered within teh same disqualification has been lost.
district/municipality. Grounds
Any eprson who, being a registered voter registers anew without Covers any person: Merely requires that grounds
filing an application for cancellation of previous registration shall 1. Sentenced by FJ to suffer for deactivation no longer
be guilty of an election offense. imprisonment of not less than exists
1 year
Process of registration 2. Adjudged by FJ of havign
Continuing system of registration cimmitted any crime involving
Udner sec 8, RA 8189, there shall be a system of continuing disloyalty, rebellion, etc
registration of voters, wherein the personal filing of applciation of 3. Declared insane or
registration shall be conducted daily in the office of the election incompetent
officer during office hours. 4. Any person who failed to
vote in 2 successive preceding
This is subject to limitiations regular elections as shown in
No registration shall be conducted during the period starting: votign records
1. 120 days before a regular election 5. Any person whose
2. 90 days before a special election registration has been ordered
excluded by teh court
6. Any person who lost his
Restrictions on appointment citizenship
None of the Election registration board shall eb related to each
otehr or to any incumbent elective official within the 4 th civil Effect
degree of consanuinity or affinity. If in the succeedign elections Will cause the transfer of the Will cause the transfer from teh
any of the newly elected is realted to the member, such is records from teh precinct book inactive file to teh precinct
automatically disqualified to preserve the integrity of the ERB. of voters to teh inactive file book of voters.

Procedure of hearing applciation -
Deactivation ,reactivation and cancellation
DEACTIVATION is teh process whereby a record of the voter is
removed and places teh same in an inactive file properly marked
and dated in indelible ink and after entering the cause of
deactivation:
1. Sentenced by FJ to suffer imprisonment of not less than 1 year
2. Adjudged by FJ of havign cimmitted any crime involving
disloyalty, rebellion, etc
3. Declared insane or incompetent
4. Any person who failed to vote in 2 successive preceding regular
elections as shown in votign records
5. Any person whose registration has been ordered excluded by
teh court
6. Any person who lost his citizenship
REACTIVATION
The process whereby a voter whose registration has been
deactivated files with the EO a sworn application for reactivation
of his registration in teh form of an affidavit by stating therein that
the ground for the deactivation no longer exists.
Period to file: anytime but not later than 120 days before a regular
election and 90 days before a special election. Upon approval, the
board shall retrieve the registration records from the inactive file
and include the same in the precinct book of voters.
CANCELLATION
The process wehre the board cancels teh records of thsoe who have
died as certified by teh local civil registrar who shall submit each
month a certified list of persons who died the previous month.
Petition for inclusion or exclusion of voters
The MTCs shall have original and exclusive jurisdiction over all cases
of inclusion and exclusion of voters in their respective cities or
municipalities and appeals shall be to the RTC within 5 days from
notice otherwise it shall be final and executory.
Appeals of the Decision
MTC decisions are appealed to the RTC within 5 days from the
receipt of notice otherwise is becomes final and executory. The RTC
will then decide the appeal within 10 days from receipt and RTC
decision shall be immediately final and executory, no MRs shall be
entertained.
NOTE: Decision is petition for exclusion proceedings is not barred by
res judicata.
PETITION FOR INCLUSION OF VOTERS (Section 34)
WHO MAY FILE: Any person Whose application for registration:
a.Has been disapproved by the Board; or
b.Whose name has been stricken out from the list;
c.Whose name was not included in precinct list of voters;
d.Who has been included with a wrong or misspelled name after the
Board disapproves application for reinstatement or correction of
name, may file with the court.

PERIOD TO FILE: Any time except:

105 days prior to regular election; or
75 days prior to a special election

The petition should be supported by a Certificate of Disapproval of

application and proof of service of notice. MTC shall decide within 15
days from its filing.

If decision is for inclusion, the Board shall place the previously

disapproved application to the corresponding book of voters and
indicate the date of the order of inclusion.
PETITION FOR EXCLUSION OF VOTERS (Section 35) ABSENTEE VOTING

WHO MAY FILE: Any registered voter, representative of a political

party or the Election Officer.
PERIOD TO FILE: Any time, except:
100 days prior to a regular election; or
65 days prior to a special election

The grounds for exclusion of voters usually include:

1.The voter is non-qualified; or
2.The voter is a flying voter or does not exist.

Supporting documents shall be proof of notice to the Board and

to the challenged voter. MTC shall decide within 10 days.

If the decision is for exclusion, the Board shall remove the voters
registration record (VRR) from the corresponding book of voters
and enter the order of exclusion therein.

Distinctions between petition for inclusion/exclusion

Inclusion Exclusion
Grounds
Teh application for registration Non qualified voters Prior to the amendment, it required that in case of immigrants or
has been: Flying voters permanent residents, they are required to file a sworn stateemnt that
1. Disapproved by teh board they will resume actual physical permanent residence within (3) years
2. Stricken out from the list from approval of their registration. However in 2013, RA 10590 was
3. Not included in the precinct passed amending certain provision of RA 9189.
list of voters
4. In the list but with wrong or Coverage (Section 4) [Amended by RA 10590]
misspelled name All citizens of the Philippines abroad, who are not otherwise
Period to file petition disqualified by law, at least 18 years of age on the day of elections,
May be filed any time but must May be filed abytime but 100 may vote for President, VP, Senators and PL Representatives as well
be 105 days befpre regular days before regular elections as in all national referenda and plebiscites.
election or 75 days in case of and 65 days before special
special elections elections. Disqualifications (Section S) [Amended by RA 10590]
Party to file The following shall be disqualified from registering and voting:
Filed by teh voter who has his Filed by any registered voter, a.Those who have Lost their Filipino citizenship in accordance with
applciation disapproved rep of the political party or Philippine laws;
election officer b.Those who have expressly Renounced their Philippine citizenship
Effect and who have pledged allegiance to a foreign country (except those
Teh application shall be The voter registration records who complied with RA 9225);
brought back to the precinct shall be removed and shall be c.Those who have committed and are convicted by final judgment by
book of voters and shall ntoe noted a Philippine court of an offense punishable by an imprisonment not
teh date of inclusion less than 1 year.
Both petitions are filed to teh MTC. Appeals to teh MTC may be d.Any citizen previously declared insane or incompetent.
filed within 5 days from receipt of notice to the RTC who decides
within 10 days. NOTE: Unlike under RA 9189, there were still five ground for the
disqualification which included “an immigrant or permanent resident
unless he executed affidavit to return 3 years from approval of
registration” this was not carried over to RA 10590.
Casting of Ballots
The overseas absentee voter shall cast his ballot within 30 days
before the day of election and in case of seafarers, 60 days.

Counting of Ballots
Only ballots cast and mailed ballots received by embassies,
consulates and other foreign establishments before the closing of
voting on election day shall be counted. The counting shall be on
site and shall be synchronized with counting in the Philippines
and there shall be a Special BEI.

Canvassing of Ballots
A Special BOC composed of lawyer of COMELEC as chairman, a
senior officer from any government agency with a post abroad
shall be constituted to canvass. It shall then transmit by facsimile,
electronic mail or any other safe and reliable means of
transmission the Certificate of Canvass and the statements of
votes to the COMELEC which shall be included in the national
canvass.

PRECINCTS AND POLLING PLACES

Precincts - refers to the basic unit of territory established by the

Commission for the purpose of voting.

Precinct Maps — refer to sketch or drawing of a geographical area

stated in terms of streets or street blocks or sitios the residents of
which would belong to a particular precinct.

Polling Place — refers to the place where the BEI conducts its
proceedings and where the voters cast their votes.

Voting Center — refers to the building or place where the polling

place is located.

ARRANGEMENT OF PRECINCTS
Every barangay shall have at least 1 precinct.
Each precinct shall have not more than 200 voters and shall
comprise contiguous and compact territories.
No territory comprising an election precinct shall be altered or a
new precinct established at start of election period.
No location of a polling place shall be changed except upon
written petition on the majority of the voters of the precinct or
agreement of all political parties or by resolution of the
Commission upon prior notice and hearing.

When is a precinct shall be allowed to have less 200 voters?

As soon as the 200 limit for every precinct has been reached, a
spin off or daughter precinct shall be created automatically to
accommodate voters residing within the territorial jurisdiction of
the original precinct. A separate list of new voters shall be
prepared by the election officer.
An island or group of islands with less than 200 voters may
comprise 1 original precinct.

Publication of Maps of Precincts

At least 5 days before the first registration day and until after the
election, the COMELEC shall post in the city or municipal hall and
in 3 other conspicuous places and on the door of each polling
place, a map of the city or municipality showing its division into
precincts. Such maps shall be kept posted until after the election,
referendum or plebiscite. (Sec. 151, BP 881)

What is a Polling Place?

Building or place where the BEI conducts its proceedings and
where the voters cast their votes (Sec. 152, BP 881)
In case of disturbance or disorderly manner or any voter,
the BEI may issue an order directing a police officer to
take teh oerson into custody until adjournment but nto
denied teh right to vote.