PART II

SUFFRAGE

Suffrage defined
 Nolasco vs Comelec (275 Scra 763, 1997)

Facts:
In the mayoralty election Blanco received higher votes than Alarilla. Later on, Alarilla petitioned to
disqualify Blanco and moved to suspend former’s proclamation for having committed massive vote
buying and cheating. The COMELEC granted the said petition. Blanco moved for reconsideration
for having been denied due process and equal protection. Meanwhile, Nolasco as vice mayor-elect
intervened and contended that he should be declared mayor in the event Blanco was finally
disqualified.

Ruling:
The Court ruled that Blanco was not denied due process neither equal protection of law. The
COMELEC action is safely anchored on its Rules of Procedure that petitions for disqualification
shall be heard summarily after due notice. Also, COMELEC assumed direct jurisdiction over
disqualification case is not to favor anybody but to discharge its duty fair and fast. It further ruled
that this case concerns the right of suffrage which is the bedrock of republicanism. Suffrage is the
means by which our people express their sovereign judgment. Hence, its free exercise must be
protected especially against the purchasing power of the peso.

Constitutional basis of suffrage

 Sections 1 & 2, Article V, 1987 Constitution

Section 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified
by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at
least one year and in the place wherein they propose to vote, for at least six months immediately
preceding the election. No literacy, property, or other substantive requirement shall be imposed on
the exercise of suffrage.

Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot
as well as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to vote under existing laws and such
rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

History of suffrage in the Philippines

 Section 1, Article V, 1935 Constitution

Section 1. Suffrage may be exercised by male citizens of the Philippines not otherwise
disqualified by law, who are twenty-one years of age or over and are able to read and write, and
who shall have resided in the Philippines for one year and in the municipality wherein they propose
to vote for at least six months preceding the election. The National Assembly shall extend the right
of suffrage to women, if in a plebiscite which shall be held for that purpose within two years after
the adoption of this Constitution, not less than three hundred thousand women possessing the
necessary qualifications shall vote affirmatively on the question.

 Section 1, Article VI, 1973 Constitution

Section 1. Suffrage shall be exercised by citizens of the Philippines not otherwise disqualified by
law, who are eighteen years of age or over and who shall have resided in the Philippines for at
least one year and in the place wherein they propose to vote for at least six months preceding the
election. No literacy, property or other substantive requirement shall be imposed on the exercise
of, suffrage. The Batasang Pambansa shall provide a system for the purpose of securing the
secrecy and sanctity of the vote.

 Section 4, Omnibus Election Code

Section 4 Obligation to register and vote. - It shall be the obligation of every citizen
qualified to vote to register and cast his vote.

 Section 1, Article V, 1987 Constitution

Section 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified
by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at
least one year and in the place wherein they propose to vote, for at least six months immediately
preceding the election. No literacy, property, or other substantive requirement shall be imposed on
the exercise of suffrage.

Suffrage for overseas absentee voters

 Section 2, Article V, 1987 Constitution

Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot
as well as a system for absentee voting by qualified Filipinos abroad.

 Section 5 (d), RA 9189

Sec. 5. Disqualifications. – The following shall be disqualified from voting under this Act:

4. An immigrant or a permanent resident who is recognized as such in the host country, unless
he/she executes, upon registration, an affidavit prepared for the purpose by the Commission
declaring that he/she shall resume actual physical permanent residence in the Philippines not later
than three (3) years from approval of his/her registration under this Act. Such affidavit shall also
state that he/she has not applied for citizenship in another country. Failure to return shall be the
cause for the removal of the name of the immigrant or permanent resident from the National
Registry of Absentee Voters and his/her permanent disqualification to vote in absentia.

 Macalintal vs Comelec (GR No. 157013, 3 July 2003)

Facts:
Macalintal questioned the validity of the Overseas Absentee Voting Act of 2003 (R.A. 9189).
Specifically, he contended that the provision that a Filipino already considered an immigrant
abroad can be allowed to participate in absentee voting provided he executes an affidavit stating
his intent to return to the Philippines is void.This is because, it dispenses of the requirement that a
voter must be a residency requirement both in the Philippines and in the place where he intends to
vote preceding the election.

Ruling:
The Court upheld the law’s constitutionality. It reasoned that, there can be no absentee voting if
the absentee voters are required to physically reside in the Philippines within the period required
for non-absentee voters. Further, as understood in election laws, domicile and resident are
interchangeably used. The domicile is the place where one has the intention to return to. Thus, an
immigrant who executes an affidavit stating his intent to return to the Philippines is considered a
resident of the Philippines for purposes of being qualified as a voter (absentee voter to be exact). If
the immigrant does not execute the affidavit then he is not qualified as an absentee voter.
Suffrage for local absentee voters
 EO 157, 30 March 1987

Sec. 1. Any person who by reason of public functions and duties, is not in his/her place of
registration on election day, may vote in the city/municipality where he/she is assigned on
election day: Provided, That he/she is a duly registered voter.

 Omnibus Election Code, Section 169

Section 169. Voting privilege of members of board of election inspectors. - Members of the board
of election inspectors and their substitutes may vote in the polling place where they are assigned
on election day: Provided, That they are registered voters within the province, city or municipality
where they are assigned: and Provided, finally, That their voting in the polling places where they
are not registered voters be noted in the minutes of the board of election inspectors.

 RA 7166, Section 12

Section 12. Absentee Voting. - Absentee voting as provided for in Executive Order No. 157 dated
March 30, 1987 shall apply to the elections for President, Vice-President and Senators only and
shall be limited to members of the Armed Forces of the Philippines and the Philippine National
Police and other government officers and employees who are duly registered voters and who, on
election day, may temporarily be assigned in connection with the performance of election duties to
place where they are not registered voters.

 RA 10380, Local Absentee Voting for Media

Section 2. Local Absentee Voting for Members of Media. – The Commission on Elections shall
extend the right to vote under the local absentee voting system provided under existing laws and
executive orders to members of media, media practitioners, including the technical and support
staff, who are duly registered voters and who, on election day, may not be able to vote due to the
performance of their functions in covering and reporting on the elections: Provided, That they shall
be allowed to vote only for the positions of President, Vice President, Senators and Party-List
Representative.

Suffrage for disabled and illiterate voters

 1987 Constitution, Article V, Sections 2(1) & (2)

Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot
as well as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to vote under existing laws and such
rules as the Commission on Elections may promulgate to protect the secrecy of the ballot.

 RA 10366, Section 11

Section 11. Section Assistance in the Accomplishment of the Ballot. – A person with disability or

senior citizen who is illiterate or physically unable to prepare the ballot by himself or herself may
be assisted in the preparation of his or her ballot by a relative by consanguinity or affinity within the
fourth civil degree, or if he or she has none, by any person of his or her confidence who belongs to
the same household, or by any member of the BEls. For this purpose, the person who usually
assists the person with disability or senior citizen, such as a personal assistant, a caregiver or a
nurse shall be considered a member of his or her household: Provided, That no voter shall be
allowed to have an assistor on the basis of illiteracy or physical disability unless it is so indicated in
his or her registration record. Nevertheless, if the physical inability to prepare the ballot is manifest,
obvious, or visible, said voter shall be allowed to be assisted in accomplishing the ballot by a
qualified assistor, even if not stated or indicated in the registration record: Provided, further, That
the assistor must be of voting age.

The assistor shall hind himself or herself in a formal document under oath to fill out the ballot
strictly in accordance with the instructions of the voter and not to reveal the contents of the ballot
prepared by him or her, and shall prepare the ballot for the voter inside the voting booth. Except
for the members of the BEIs, no assistor can assist for more than three (3) times. Any violation of
this provision shall constitute an election offense punishable under Section 262 of the Omnibus
Election Code.

 RA 8189, Section 14

Section 14. Illiterate or Disabled Applicants. Any illiterate person may register with the assistance
of the Election Officer or any member of an accredited citizen’s arms. The Election Officer shall
place such illiterate person under oath, ask him the questions, and record the answers given in
order to accomplish the application form in the presence of the majority of the members of the
Board. The Election Officer or any member of an accredited citizen’s arm shall read the
accomplished form aloud to the person assisted and ask him if the information given is true and
correct The accomplished form shall be subscribed by the applicant in the presence of the Board
by means of thumbmark or some other customary mark and it shall be subscribed and attested by
the majority of the members of the Board.

The attestation shall state the name of the person assisted, the name of the Election Officer or the
member of the accredited citizen’s arm who assisted the applicant, the fact that the Election
Officer placed the applicant under oath, that the Election Officer or the member of the accredited
citizen’s arm who assisted the applicant read the accomplished form to the person assisted, and
that the person assisted affirmed its truth and accuracy, by placing his thumbmark or some other
customary mark on the application in the presence of the Board.

The application for registration of a physically disabled person may be prepared by any relative
within the fourth civil degree of consanguinity or affinity or by the Election Officer or any member of
an accredited citizen’s arm using the data supplied by the applicant. The fact of illiteracy or
disability shall be so indicated in the application.

Voter’s registration defined

 RA 8189, sections 3(a)(g), 15 & 20

Section 3. Definition of Terms. As used in this Act:

a) Registration refers to the act of accomplishing and filing of a sworn application for registration
by a qualified voter before the election officer of the city or municipality wherein he resides and
including the same in the book of registered voters upon approval by the Election Registration
Board;

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

Section 15. Election Registration Board.There shall be in each city and municipality as many as
Election Registration Boards as there are election officers therein. In thickly populated
cities/municipalities, the Commission may appoint additional election officers for such duration as
may be necessary.

The Board shall be composed of the Election Officer as chairman and as members, the public
school official most senior in rank and the local civil registrar, or in this absence, the city or
municipal treasurer.

In case of disqualification of the Election Officer, the Commission shall designate an acting
Election Officer who shall serve as Chairman of the Election Registration Board. In case of
disqualification or non-availability of the Local Registrar or the Municipal Treasurer, the
Commission shall designate any other appointive civil service official from the same locality as
substitute.

No member of the Board shall be related to each other or to any incumbent city or municipal
elective official within the fourth civil degree of consanguinity or affinity. If in succeeding elections,
any of the newly elected city or municipal officials is related to a member of the board within the
fourth civil degree of consanguinity or affinity, such member is automatically disqualified to
preserve the integrity of the Election Registration Board.

Every registered party and such organizations as may be authorized by the Commission shall be
entitled to a watcher in every registration board.

Section 20. Approval and Disapproval of Application. The Election Officer shall submit to the
Board all applications for registration filed, together with the evidence received in connection
therewith. The Board shall, by majority vote, approve or disapprove the applications.

 Yra vs Abano (52 Phil 380)

Facts:
Abano is a native of Meycuayan, Bulacanbut a registered to voterin Manila. He ran and won as
municipal president in Meycuayan. However, he remained a registered voter of Manila because
his application for cancellation was rejected. Hence, petitioner Yrachallenged the right of Abano to
assume position as municipal president elect of Meycuayan.Yracontended that Abanois eligible
since he is not a registered voter of the municipality.

Ruling:
The words “qualified elector” meant a person who had all the qualification and non of the
qualification provided by law and not a person registered in the electoral list. Also, it was
interpreted that to be qualified voters, one’s eligibility is not affected by his failure to register.
Registration does not confer the right; it is but a condition precedent to the exercise of the right. It
is only one step towards voting and it is not one of the elements that makes the citizen a qualified
voter. The respected the will of the electorate for choosing the respondent as their local chief
executive. Hence, Abano’s eligibility for office is upheld.

The Election Law makes use of the terms "qualified voter in his municipality", and "qualified elector
therein." To be a qualified voter, does not necessarily mean that a person must be a registered
voter. It is sufficient for the candidate to possess all of the qualifications prescribed in section 431
and none of the disqualifications prescribed in section 432. The fact that a candidate failed to
register as an elector in the municipality does not deprive him of the right to become a candidate
and to be voted for.

System of continuing registration

 Period of registration
  Akbayan Youth v. Comelec (26 March 2001)

Facts:
Around four million youth failed to register on or before the deadline set by the respondent
COMELECfor the 2001 General Elections. Petitioners requested the COMELEC to conduct a two-
day special registration before the elections. However, the COMELEC resolved to deny the
request.Aggrieved, petitioners sought to set aside and nullify respondent COMELEC's
Resolution,declare Section 8 of R.A. 8189 unconstitutional and direct COMELEC to conduct the
special registration. They contend that the provision causes the disenfranchisement of their votes.
They also invoked the so called "standby" powers or "residual" powers of the COMELEC, under
Section 28 of Republic Act No. 8436.

Ruling:
The Court denied both petitions. It was held that Section 8 of R.A. 8189 applies in the present
case, considering that the aforesaid law explicitly provides that no registration shall be conducted
during the period starting one hundred twenty (120) days before a regular election. The provisions
of Section 28, R.A. 8436 would apply in cases where the pre-election acts are susceptible of
performance within the available period prior to election day. In its Comment, respondent
COMELEC emphasized the "operational impossibility" of conducting a special registration within
the time left. This determination ofthe COMELEC was accorded great weight considering that it is
in the best position to know what theycan possibly do or not do, under prevailing circumstances.
Hence, the “stand-by” power of the COMELEC cannot be invoked in this case.

 Kabataan Party List v. Comelec (GR No. 189868, 15 December 2009)

Facts:
COMELEC adjusted the deadline of voter registration to an earlier date than what was previously
fixed.Petitioners challenged the validity of COMELEC’s resolution and prayed for extension. They
contended that it is an unconstitutional encroachment on the legislative power of
Congress.However, COMELEC invoked its stand-by power.

Ruling:
The Court granted the extension prayed for. Sec. 28 of RA8436 grants the COMELEC the power
to fix other periods and dates for pre-election activities only if the same cannot be reasonably held
within the period provided by law. In the present case, the Court finds no ground to hold that the
mandate ofcontinuing voter registration cannot be reasonably held within the period providedby
RA 8189, Sec. 8 — There is thus no occasion for the COMELEC to exercise its power to fix other
dates or deadlines therefore.

Procedure for registration, qualifications and disqualifications

 Section 1, Article V, 1987 Constitution

Section 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified
by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at
least one year and in the place wherein they propose to vote, for at least six months immediately
preceding the election. No literacy, property, or other substantive requirement shall be imposed on
the exercise of suffrage.

 Omnibus Election Code, Section 118

Section 118. Disqualifications. - The following shall be disqualified from voting:

(a) Any person who has been sentenced by final judgment to suffer imprisonment for not
less than one year, such disability not having been removed by plenary pardon or granted
 amnesty: Provided, however, That any person disqualified to vote under this paragraph
shall automatically reacquire the right 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 committed any crime involving disloyalty to the duly constituted government such as
rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against
national security, unless restored to his full civil and political rights in accordance with law:
Provided, That he shall regain his right to vote automatically upon expiration of five years
after service of sentence.

(c) Insane or incompetent persons as declared by competent authority.

 RA 8189, Sections 9, 10, 11, 12, 13 & 14

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

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

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

Section 10. Registration of Voters. A qualified voter shall be registered in the permanent list of
voters in a precinct of the city or municipality wherein he resides to be able to vote in any election.
To register as a voter, he shall personally accomplish an application form for registration as
prescribed by the Commission in three (3) copies before the Election Officer on any date during
office hours after having acquired the qualifications of a voter.

The application shall contain the following data:

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

b) Sex;

c) Date, and place of birth;

d) Citizenship;

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

f) Profession, occupation or work;

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

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

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

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

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

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

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

Section 11. Disqualification. The following shall be disqualified from registering:

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

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, sedition, violation of the firearms laws or any crime against national security,
unless restored to his full civil and political rights in accordance with law: Provided, That he
shall automatically reacquire the right to vote upon expiration of five (5) years after service
of sentence; and

c) Insane or incompetent persons declared as such by competent authority unless

subsequently declared by proper authority that such person is no longer insane or
incompetent.

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

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

 Residence
  Romualdez vs RTC (226 Scra 406)

Facts:
Romualdezis a natural born citizen of the Philippines and a resident of Barangay Tolosa,
Leyte.He, together with his immediate family, left the Philippines and sought "asylum" in the United
States. Later, he returned to his residence at Leyte and registered himself anew as a voter. His
registration was opposed because he did not have the required one-year residence in the
Philippines and the six-month residence in Tolosa.He, however, insisted his fulfillment of the
residence requirement, since he has not abandoned his said residence,since 1980, by his physical
absence therefrom during the period from 1986 up to the third week of December 1991.

Ruling:
The Court ruled that Romualdez satisfied the residency requirement andis qualified to register. In
orderto acquire a new domicile by choice, the purpose to remain in or at the domicile of choice
must be for an indefinite period of time; the change of residence must be voluntary; and the
residence at the place chosen for the new domicile must be actual. In this case, Romualdezes’
sudden departure from the country cannot be described as "voluntary," or as "abandonment”
because it is brought about by the fear from great apprehension cause by the EDSA revolution.
Deactivation, reactivation and cancellation of registration
 RA 8189, Sections 27, 28, 29

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

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: Provided, however, That any person disqualified to vote under this paragraph
shall automatically reacquire the right to vote upon expiration of five (5) years after service
of sentence as certified by the clerks of courts of the Municipal/Municipal
Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan;

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

c) Any person declared by competent authority to be insane or incompetent unless such

disqualification has been subsequently removed by a declaration of a proper authority that
such person is no longer insane or incompetent;

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

e) Any person whose registration has been ordered excluded by the Court; and

f) Any person who has lost his Filipino citizenship.

For this purpose, the clerks of court for the Municipal/Municipal

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

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

Section 28. Reactivation of Registration. Any voter whose registration has been deactivated

pursuant to the preceding Section may file with the Election Officer a sworn application for
reactivation of his registration in the form of an affidavit stating that the grounds for the
deactivation no longer exist any time but not later than one hundred twenty (120) days before a
regular election and ninety (90) days before a special election.

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

In case the application is approved, the Election Officer shall retrieve the registration record from
the inactive file and include the same in the corresponding precinct book of voters. Local heads or
representatives of political parties shall be properly notified on approved applications.

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

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

 RA 10367, Section 7

Section 7. Deactivation. – Voters who fail to submit for validation on or before the last day of filing
of application for registration for purposes of the May 2016 elections shall be deactivated pursuant
to this Act.

 RA 8189, Sections 18, 20, 32, 33, 34

Section 18. Challenges to Right to Register. Any voter, candidate or representative of a registered

political party may challenge in writing any application for registration, stating the grounds therefor.
The challenge shall be under oath and be attached to the application, together with the proof of
notice of hearing to the challenger and the applicant.

Oppositions to contest a registrant’s application for inclusion in the voter’s list must, in all cases, be
filed not later than the second Monday of the month in which the same is scheduled to be heard or
processed by the Election Registration Board. Should the second Monday of the month fall on a
non-working holiday, oppositions may be filed on the next following working day. The hearing on
the challenge shall be heard on the third Monday of the month and the decision shall be rendered
before the end of the month.
Section 20. Approval and Disapproval of Application. The Election Officer shall submit to the
Board all applications for registration filed, together with the evidence received in connection
therewith. The Board shall, by majority vote, approve or disapprove the applications.

Upon approval, the Election Officer shall assign a voters identification number and issue the
corresponding identification card to the registered voter. If the Board disapproves the application,
the applicant shall be furnished with a certificate of disapproval stating the ground therefor. In
cases of approval or disapproval, any aggrieved party may file a petition for exclusion or inclusion,
as the case may be, with the proper Municipal or Metropolitan Trial Court as provided for in this
Act.

Section 32. Common Rules Governing Judicial, Proceedings in the Matter of Inclusion, Exclusion,
and Correction 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 the petition shall be served upon the
members of the Board and the challenged voter upon filing of the petition. Service of such
notice may be made by sending a copy thereof by personal delivery, by leaving it in the
possession of a person of sufficient discretion in the residence of the challenged voter, or
by registered mail. Should the foregoing procedures not be practicable, the notice shall be
posted in the bulletin board of the city or municipal hall and in two (2) other conspicuous
places within the city or municipality;

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

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

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

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

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

Section 33. Jurisdiction in Inclusion and Exclusion Case. The Municipal and Metropolitan Trial
Courts shall have original and exclusive jurisdiction over all cases of inclusion and exclusion of
voters in their respective cities or municipalities. Decisions of the Municipal or Metropolitan Trial
Courts may be appealed by the aggrieved party to the Regional Trial Court within five (5) days
from receipt of notice thereof. Otherwise, said decision shall become final and executory. The
regional trial court shall decide the appeal within ten (10) days from the time it is received and the
decision shall immediately become final and executory. No motion for reconsideration shall be
entertained.
Section 34. Petition for Inclusion of Voters in the List. Any person whose application for
registration has been disapproved by the Board or whose name has been stricken out from the list
may file with the court a petition to include his name in the permanent list of voters in his precinct
at any time except one hundred five (105) days prior to a regular election or seventy-five (75) days
prior to a special election. It shall be supported by a certificate of disapproval of his application and
proof of service of notice of his petition upon the Board. The petition shall be decided within fifteen
(15) days after its filing.

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

Inclusion and exclusion proceedings

 RA 8189, Sections 24, 32, 33, 34 & 35

Section 24. National Central File.There shall be a national central file under the custody of the
Commission in Manila consisting of the third copies of all approved voter registration records in
each city or municipality. It shall be compiled by precinct in each city/municipality and arranged
alphabetically by surname so as to make the file a replica of the book of voters in the possession
of the Election Officer. Thereafter a national list shall be prepared following the alphabetical
arrangements of surnames of voters.

There shall be a national file consisting of the computerized voters’ list (CVL), both in print and in
diskette, submitted by the Election Officers in each city and municipality concerned, under the
custody of the Commission in Manila.

The computerized voters’ list shall make use of a single and uniform computer program that will
have a detailed sorting capability to list voters alphabetically by the precincts where they vote, by
the barangays, municipalities, cities or provinces where they reside and by their voters
identification number (VIN).

Section 32. Common Rules Governing Judicial, Proceedings in the Matter of Inclusion, Exclusion,
and Correction 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 the petition shall be served upon the
members of the Board and the challenged voter upon filing of the petition. Service of such
notice may be made by sending a copy thereof by personal delivery, by leaving it in the
possession of a person of sufficient discretion in the residence of the challenged voter, or
by registered mail. Should the foregoing procedures not be practicable, the notice shall be
posted in the bulletin board of the city or municipal hall and in two (2) other conspicuous
places within the city or municipality;

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

d) No costs shall be assessed against any party in these proceedings. However, if the
court should find that the application has been filed solely to harass the adverse party and
cause him to incur expenses, it shall order the culpable party to pay the costs and
incidental expenses;
 e) Any voter, candidate or political party who may be affected by the proceedings may
intervene and present his evidence;

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

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

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

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

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

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

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

 Pungutan vs Abubakar (43 Scra 1, 12, {1972}

Facts:
In view of massive violence, terrorism and fraud that happened in the towns of Siasi, Tapul,
Parang and Luuk, it was alleged that no election were in effect. COMELEC concluded that based
on the findings, supported by credible evidence, irregularities did attend the so-called elections
and decided to reject the returns of the said municipalities.Petitioner questioned the power of the
COMELEC in rejecting such returns, since it encroach the judicial power, the right to vote being
involved.
Ruling:
The Court ruled that the COMELEC is not devoid of power to disregard and annul the alleged
returns for being spurious or manufactured. The power of decision of the Commission is limited to
purely 'administrative questions.’ The right to vote or the determination of whether or not a person
is precluded from voting is excluded.As to whether an elect on has been held is a question of a
different type and is properly within the administrative jurisdiction of COMELEC. Hence, rejection
of election returns, as in this case, is within the authority of the COMELEC.

 Domino vs Comelec (GR No. 134015, 19 July 1999)

Facts:
DOMINO’s certificate of candidacy was petitioned to be denied and cancelled alleging that he is
not a resident of the province of Sarangani. He, however, insisted his compliance with the one-
year residence requirement, and presented a copy of the decision of MTC in an exclusion
proceedings ruling that he were no longer resident of Quezon City but of Sarangani. However, the
COMELEC disqualified him.Hence, he petitioned for certiorari contendeding that MTC’s decision is
conclusive upon the COMELEC.

Ruling:
The decision of the MTC in the exclusion proceedings declaring DOMINO a resident of
Saranganiis not conclusive upon COMELEC. The proceedings for the exclusion or inclusion of
voters in the list of voters are summary in character. Thus, the factual findings and its resultant
conclusions on matters other than the right to vote in the precinct within its territorial jurisdiction,
even if final and unappealable, does not acquire the nature of res judicata. It does not operate as a
bar to any future action that a party may take concerning the subject passed upon in the
proceeding. Thus, a decision in an exclusion proceeding would neither be conclusive on the
voter’s political status nor bar subsequent proceedings on his right to be registered as a voter in
any other election.

Nature of voter’s registration records

 RA 8189, Section 41

Section 41. Examination of Registration Records. All registration records/computerized voters list

in the possession of the Election officer, the Provincial Election Supervisor, and the Commission in
Manila shall, during regular office hours, be open to examination by the public for legitimate
inquiries on election related matters, free from any charge or access fee.

Law enforcement agencies may, upon prior authorization and subject to regulations promulgated
by the Commission, have access to said registration records should the same be necessary to and
in aid of their investigative functions and duties.

 RA 10367, Section 9

Section 9. Database Security. – The database generated by biometric registration shall be

secured by the Commission and shall not be used, under any circumstance, for any purpose other
than for electoral exercises.

Annulment of list of voters

 RA 8189, Section 33 & 39

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

Section 39. Annulment at Book of Voters. The Commission shall, upon verified petition of any
voter or election officer or duly registered political party, and after notice and hearing, annul any
book of voters that is not prepared in accordance with the provisions of this Act or was prepared
through fraud, bribery, forgery, impersonation, intimidation, force or any similar irregularity, or
which contains data that are statistically improbable. No order, ruling or decision annulling a book
of voters shall be executed within ninety (90) days before an election.

 Ututalum vs Comelec (181 Scra 335)

Facts:
Election returns from Siasi showed that Ututalum obtained materially lower votes than his
opponent, out of the 39,801 registered voters. Ututalum petitioned to declare a failure of elections
and conduct another election in the municipality because they appear to be tampered with or
falsified owing to the great excess of votes as shown by the returns. While petition was pending,
the COMELEC annulled the List of Voters of Siasi due to massive irregularities in the preparation
and being statistically improbable.The new Registry List yielded only 12,555 names.Meanwhile,
the COMELEC denied Ututalum's petitions and advised him to file an election contest before the
proper forum.However, he contended that the issue he raised is a proper subject matter for a pre-
proclamation controversy and that the election returns from Siasi should be excluded from the
canvass since its original List of Voters had already been finally annulled.

Ruling:
The Court ruled that subsequent annulment of the voting list in a separate proceeding cannot
result in nullifying accepted election returns in a previous election from municipalities where the
precinct books of voters were annulled. In this case, the List of Voters used in the disputed
elections is then a validly existing and still unquestioned permanent Registry List which must then
be considered conclusive evidence of persons who could vote. That the padding of the List of
Voters may constitute fraud, would not be a valid basis for a pre-proclamation controversy. For
whenever irregularities, such as fraud, are asserted, the proper course of action is an election
protest. Aside from the fact that the indispensable requisites of res judicata are not all present, the
ruling desired would disenfranchise the good and valid votes.

 Sarangani vs Comelec (334 Scra 379)

Facts:
A petition for annulment of precinct PadianTorogan and annulment of book of voters in Madalum,
Lanao Del Sur was filed. As a response, an ocular inspection was made. On the basis of it,
COMELEC resolved that PadianTorogan is a ghost precinct and should be excluded from the
special election to be conducted in Madalum. The former Municipal Mayor, incumbent Mayor and
Vice-Mayor of Madalum petitioned for certiorari and mandamus to nullify the Order issued by the
COMELEC.

Ruling:
The Court ruled that factual findings of the COMELEC whether a certain election precinct actually
exists or not and whether the voters registered in said precinct are real voters are conclusive upon
it. There absence of any finding of grave abuse on the part of the COMELEC said order shall
stand. Judicial interference is unnecessary and uncalled for.No voter is disenfranchised because
no such voter exists. Exclusion of non-existent voters all the more protects the validity and
credibility of the electoral process as well as the right of suffrage because the "electoral will" would
not be rendered nugatory by the inclusion of some ghost votes.