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Election Law - Reg-Overseas
Election Law - Reg-Overseas
Election Law - Reg-Overseas
Sec. 15. There shall be in each city and On the date of the hearing, the Election
municipality as many as Election Registration Officer shall receive such evidence for or
Boards as there are election officers therein. against the applicant.
In thickly populated cities/municipalities, the
Commission may appoint additional election A registrant whose application is not
officers for such duration as may be seasonably objected to shall be notified in
necessary. writing stating therein that no objection was
raised against his application and that he
The Board shall be composed of the Election need not appear on the date set for the
Officer as chairman and as members, the hearing of his application. Physical presence
public school official most senior in rank and of the applicant concerned shall, however,
the local civil registrar, or in this absence, the be mandatory in all cases where objections
city or municipal treasurer. In case of against his application have been seasonably
disqualification of the Election Officer, the filed with the proper Election Registration
Commission shall designate an acting Election Board for him to rebut or refute evidence
Officer who shall serve as Chairman of the presented in opposition thereto.
Election Registration Board.
All applications for registration shall be heard
In case of disqualification or non-availability and processed on a quarterly basis. For this
of the Local Registrar or the Municipal purpose, the Election Registration Board shall
Treasurer, the Commission shall designate meet and convene on the third Monday of
any other appointive civil service official April, July, October, and January of every
from the same locality as substitute. calendar year, or on the next following
working day if the designated days fall on a
No member of the Board shall be related to non- working holiday, except in an election
each other or to any incumbent city or year to conform with the one hundred twenty
municipal elective official within the fourth (120) days prohibitive period before election
civil degree of consanguinity or affinity. If in day. Should one day be sufficient for the
succeeding elections, any of the newly elected processing of all accepted applications, the
city or municipal officials is related to a Board shall adjourn from day to day until all
member of the board within the fourth civil the applications shall have been processed.
degree of consanguinity or affinity, such
member is automatically disqualified to CHALLENGES
preserve the integrity of the Election
Registration Board. Sec. 18. Any voter, candidate or
representative of a registered political party
HEARING may challenge in writing any application for
registration, stating the grounds therefor. The
Sec. 17. Upon receipt of applications for challenge shall be under oath and be attached
registration, the Election Officer shall: to the application, together with the proof of
notice of hearing to the challenger and the
Set them for hearing, notice of which shall be applicant.
posted in the city or municipal bulletin board
and in his office for at least one (1) week
Oppositions to contest a registrant's Otherwise, said decision shall become final
application for inclusion in the voter's list and executory.
must, in all cases, be filed not later than the The regional trial court shall decide the appeal
second Monday of the month in which the within ten (10) days from the time it is
same is scheduled to be heard or processed by received and the decision shall immediately
the Election Registration Board. Should the become final and executory. No motion for
second Monday of the month fall on a non- reconsideration shall be entertained.
working holiday, oppositions may be filed on
the next following working day. The hearing PETITION FOR INCLUSION
on the challenge shall be heard on the third
Monday of the month and the decision shall Sec. 34. Any person whose application for
be rendered before the end of the month. registration has been:
Sec. 20. The Election Officer shall submit to a) disapproved by the Board, or
the Board all applications for registration b) whose name has been stricken out from the
filed, together with the evidence received in list
connection therewith.
may file with the court a petition to include
The Board shall, by majority vote, approve or his name in the permanent list of voters in his
disapprove the applications. precinct at any time except one hundred five
(105) days prior to a regular election or
Upon approval, the Election Officer shall seventy-five (75) days prior to a special
assign a voters identification number and election.
issue the corresponding identification card to
the registered voter. It shall be supported by a certificate of
disapproval of his application and proof of
If the Board disapproves the application, the service of notice of his petition upon the
applicant shall be furnished with a certificate Board.
of disapproval stating the ground therefor.
The petition shall be decided within fifteen
REMEDY (15) days after its filing. If the decision is for
the inclusion of voters in the permanent list of
In cases of approval or disapproval, any voters, the Board shall place the application
aggrieved party may file a petition for for registration previously disapproved in the
exclusion or inclusion, as the case may be, corresponding book of voters and indicate in
with the proper Municipal or Metropolitan the application for registration the date of the
Trial Court. order of inclusion and the court which issued
the same.
JURISDICTION
Sec. 33. The Municipal and Metropolitan Trial PETITION FOR EXCLUSION
Courts shall have original and exclusive
jurisdiction over all cases of inclusion and Sec. 35. Any registered voter, representative
exclusion of voters in their respective cities or of a political party or the Election Officer, may
municipalities. file with the court a sworn petition for the
exclusion of a voter from the permanent list of
Decisions of the Municipal or Metropolitan voters giving the name, address and the
Trial Courts may be appealed by the aggrieved precinct of the challenged voter at any time
party to the Regional Trial Court within five (5) except one hundred (100) days prior to a
days from receipt of notice thereof. regular election or sixty-five (65) days before a
special election.
The determination of the MTC in the exclusion
The petition shall be accompanied by proof of proceedings as to the right of DOMINO to be
notice to the Board and to the challenged included or excluded from the list of voters in
voter and shall be decided within ten (10) the precinct within its territorial jurisdiction,
days from its filing. does not preclude the COMELEC, in the
determination of DOMINO's qualification as a
If the decision is for the exclusion of the voter candidate, to pass upon the issue of
from the list, the Board shall, upon receipt of compliance with the residency requirement.
the final decision, remove the voter's The proceedings for the exclusion or inclusion
registration record from the corresponding of voters in the list of voters are summary in
book of voters, enter the order of exclusion character. Thus, the factual findings of the
therein, and thereafter place the record in the trial court and its resultant conclusions in the
inactive file. exclusion proceedings on matters other than
the right to vote in the precinct within its
REINSTATEMENT, CORRECTION OF NAME OR territorial jurisdiction are not conclusive upon
INCLUSION OF RECORD the COMELEC.
Sec. 37. Voter Excluded Through Inadvertence Although the court in inclusion or exclusion
or Registered with an Erroneous or Misspelled proceedings may pass upon any question
Name. - Any registered voter who: necessary to decide the issue raised including
a) has not been included in the precinct the questions of citizenship and residence of
certified list of voters, or the challenged voter, the authority to order
b) who has been included therein with a the inclusion in or exclusion from the list of
wrong or misspelled name voters necessarily carries with it the power to
inquire into and settle all matters essential to
may file with the Board an application for the exercise of said authority.
reinstatement or correction of name.
However, except for the right to remain in the
If it is denied or not acted upon, he may file list of voters or for being excluded therefrom
on any date with the proper Municipal Circuit, for the particular election in relation to which
Municipal or Metropolitan Trial Court a the proceedings had been held, a decision in
petition for an order directing that his name an exclusion or inclusion proceeding, even if
be entered or corrected in the list. He shall final and unappealable, does not acquire the
attach to the petition a certified copy of his nature of res judicata. In this sense, it does
registration record or identification card or not operate as a bar to any future action that
the entry of his name in the certified list of a party may take concerning the subject
voters used in the preceding election, passed upon in the proceeding. Thus, a
together with the proof that his application decision in an exclusion proceeding would
was denied or not acted upon by the Board neither be conclusive on the voter's political
and that he has served notice to the Board. status, nor bar subsequent proceedings on his
right to be registered as a voter in any other
election.
DOMINO V. COMELEC
DEACTIVATION OF REGISTRATION
The contention of DOMINO that the decision
of the Metropolitan Trial Court of Quezon City a) Final judgment of imprisonment for
in the exclusion proceedings declaring him a not less than one (1) year;
resident of the Province of Sarangani and not b) Final judgment of having
of Quezon City is final and conclusive upon caused/committed any crime
the COMELEC cannot be sustained. involving disloyalty to the duly
constituted government;
c) Insanity, incompetency; - Monthly submission of a certified list
d) Failure to vote in the two (2) of persons who died during the
successive preceding regular previous month by LCR to the Election
elections; Officer of the place where the
e) Order of exclusion of registration by deceased are registered.
the court; and - In the absence of information
f) Loss of Filipino citizenship. concerning the place where the
deceased is registered, the list shall be
sent to the EO of the city or
The board shall deactivate the registration municipality of the deceased's
and remove the registration records of such residence as appearing in his death
persons from the corresponding precinct certificate.
book of voters and place the same, properly - In any case, the LCR shall furnish a
marked and dated in indelible ink, in the copy of this list to the national central
inactive file after entering the cause or file and the proper provincial file.
causes of deactivation: - The EO shall post in the bulletin board
of his office a list of those persons
REACTIVATION OF REGISTRATION who died whose registrations were
cancelled, and furnish copies thereof
Procedure: to the local heads of the political
parties, the national central file, and
1. Voter shall file with the Election the provincial file.
Officer a sworn application for
reactivation of his registration in the LOCAL ABSENTEE VOTING
form of an affidavit stating that the
grounds for the deactivation no (Governing laws: EO 157, RA 7166, COMELEC
longer exist any time but not later Resolution No. 10443)
than one hundred twenty (120) days
before a regular election and ninety LOCAL ABSENTEE VOTING - refers to a system
(90) days before a special election; of voting whereby government officials and
2. The Election Officer shall submit said employees, including members of the Armed
application to the Election Forces of the Philippines (AFP), and the
Registration Board for appropriate Philippine National Police (PNP) as well as
action. members of the media, media practitioners
3. In case the application is approved, including their technical and support staff
the Election Officer shall retrieve the (media voters) who are duly registered voters,
registration record from the inactive are allowed to vote for national positions; i.e.,
file and include the same in the President, Vice-President, Senators and
corresponding precinct book of PartyList Representatives, in places where
voters. they are not registered voters but where they
4. Local heads or representatives of are temporarily assigned to perform election
political parties shall be properly duties on election day, or in case of media
notified on approved applications. voters, they will not be able to vote due to the
performance of their functions in covering
CANCELLATION OF REGISTRATION and reporting on the elections.
APPLICATION:
a) Those who have lost their Filipino should register within the time frame
citizenship; provided for local registration in the
b) Those who have expressly renounced municipality, city or district where
their Philippine citizenship and who they intend to vote:
have pledged allegiance to a foreign
country; Provided, further, That those who
c) Those who have committed and are have registered in the municipality,
convicted in a final judgment by a city or district where they resided
Philippine court or tribunal of an prior to their departure abroad need
offense punishable by imprisonment not register anew:
of not less than one (1) year; and
d) Any citizen of the Philippines abroad Provided, finally, That transferees
previously declared insane or shall notify the OFOV of their transfer
incompetent by competent authority. back to the Philippines at least 180
days prior to the next national
elections for purposes of cancelling
OVERSEAS VOTING: REGISTRATION/ their names from the Certified List of
CERTIFICATION Overseas Voters (CLOV) and of
removing their overseas voter's
Registration and/or certification as an registration from the book of voters.
overseas voter shall be done in person at any
post abroad or at designated registration OVERSEAS VOTING: SYSTEM OF CONTINUING
centers outside the post or in the Philippines REGISTRATION
approved by the Commission.
Registration shall commence not later than 6
months after the conduct of the last national
The application for registration shall be acted elections.
upon by the Resident Election Registration
Board. OVERSEAS VOTING: DEACTIVATION OF
REGISTRATION
For Petition for Exclusion, Motion for
Reconsideration, Petition for Inclusion, please Causes of deactivation:
read Section 9 of RA 9189 as amended by
Section 8 of RA 10590. a) Sentence by final judgment by a
Philippine court
Qualified Philippine citizens abroad who have b) or tribunal to suffer imprisonment for
previously registered as voters pursuant to • not less
RA 8189 shall apply for certification as c) than one (1) year;
overseas voters and for inclusion in the d) Insanity or incompetence;
National Registry of Overseas Voters e) Failure to vote in two (2) consecutive
(NROV). national
f) elections; and
In the event of change of voting venue, an g) Registration is ordered excluded by
application for transfer of registration record the courts.
must be filed by the overseas voter with the
Office for Overseas Voting (OFOV) at least 180 OVERSEAS VOTING: REACTIVATION OF
days prior to the start of the overseas voting REGISTRATION
period:
Any overseas voter whose registration has
Provided, That those who would been deactivated pursuant to the preceding
eventually vote in the Philippines section may file with the RERB at any time,
but not later than one hundred twenty (120)
days before the start of the overseas voting - Upon receipt by the SBEI of the
period, a sworn application for reactivation of ballots for overseas voters, voting
registration stating that the grounds for the instructions, election forms and other
deactivation no longer exist. paraphernalia, they shall make these
available on the premises to the
OVERSEAS VOTING: CANCELLATION OF qualified overseas voters in their
REGISTRATION respective jurisdictions during the
thirty (30) days before the day of
Grounds for Cancellation: elections when overseas voters may
cast their vote. Immediately upon
1) Death receiving it, the overseas voter must
2) Loss of Filipino citizenship fill-out her/his ballot personally, in
secret, without leaving the premises
- The RERB shall cancel the registration of the posts concerned.
records of those who have died, as
certified by either the posts or by the - The overseas voter shall personally
local civil registrar, and those who accomplish her/his ballot at the post
have been proven to have lost their that has jurisdiction over the country
Filipino citizenship. where she/he temporarily resides or
at any polling place designated and
OVERSEAS VOTING: APPLICATION FOR accredited by the Commission.
CORRECTION OF ENTRIES AND CHANGE OF
NAME - The overseas voter shall cast her/his
ballot, upon presentation of the voter
Any registered overseas voter who intends to identification card issued by the
change her/his name by reason of marriage, Commission or such other documents
death of husband, or final court judgment; or deemed by the SBEI at the post as
to correct a misspelled name or any sufficient to establish the voter's
erroneous entry in the NROV, CLOV and identity.
voter's identification card may, personally or
through an authorized representative, file an - All accomplished ballots received shall
application under oath for change of name or be placed unopened inside sealed
correction of entries with the RERB through containers and kept in a secure place
the OFOV or the post exercising jurisdiction designated by the Commission.
over the voter's residence not later than
ninety (90) days before the start of the voting - Ballots not claimed by the overseas
period. voters at the posts, in case of personal
voting, and ballots returned to the
OVERSEAS VOTING: CASTING AND posts concerned, in the case of voting
SUBMISSION OF BALLOTS by mail, shall be cancelled and
shipped to the Commission by the
- Manner of voting: least costly method within six (6)
months from the day of elections.
1. Personal
2. By mail - Only ballots cast, and mailed ballots
3. By any other means as may be received by the posts before the close
determined by the Commission. of voting on the day of elections shall
be counted. All envelopes containing
OVERSEAS VOTING: PERSONAL OVERSEAS the ballots received by the posts after
VOTING: PERSONAL the prescribed period shall not be
opened, and shall be cancelled and pursuant to the Implementing Rules
shipped to the Commission by the and Regulations. The Commission
least costly method within six (6) shall ensure that the start of counting
months from the day of elections. in all polling places abroad shall be
synchronized with the start of
counting in the Philippines.
OVERSEAS VOTING: BY MAIL
- Immediately upon the completion of
- The overseas voter shall send her/his the counting, the Special Boards of
accomplished ballot to the Election Inspectors shall transmit via
corresponding post that has facsimile and/or electronic mail the
jurisdiction over the country where results to the Commission in Manila
she/he temporarily resides. She/He and the accredited major political
shall be entitled to cast her/his ballot parties.
at any time upon her/his receipt
thereof: Provided, That the same is Overseas Voting: On-Site Counting and
received before the close of voting on Canvassing
the day of elections. The overseas - The SBOC shall canvass the election
absentee voter shall be instructed returns submitted to it by the SBEIs.
that her/his ballot shall not be Immediately upon the completion of
counted if not transmitted in the the canvass, the chairperson of the
special envelope furnished her/him. SBOC shall transmit via facsimile,
electronic mail, or any other means of
- Only mailed ballots received by the transmission equally safe and reliable
post before the close of voting on the the Certificates of Canvass and the
day of elections shall be counted. All Statements of Votes to the
envelopes containing the ballots Commission. The SBOC shall also
received by the posts after the furnish the accredited major political
prescribed period shall not be parties and accredited citizens' arms
opened, and shall be cancelled and with copies thereof via facsimile,
disposed of appropriately, with a electronic mail and any other means
corresponding report thereon of transmission equally safe, secure
submitted to the Commission not and reliable.
later than 30 days from the day of
elections. SBEI (ER) —> SBOC (COC & SOV) —>
Commission
OVERSEAS VOTING: ON-SITE COUNTING AND
CANVASSING - The canvass of votes shall not cause
the delay of the proclamation of a
- The counting and canvassing of votes winning candidate if the outcome of
shall be conducted on site in the the election will not be affected by
country where the votes were actually the results thereof.
cast. The opening of the specially- - Notwithstanding the foregoing, the
marked envelopes containing the Commission is empowered to order
ballots and the counting and the proclamation of winning
canvassing of votes shall be candidates despite the fact that the
conducted within the premises of the scheduled election has not taken
embassies, consulates and other place in a particular country or
foreign service establishments or in countries, if the holding of elections
such other places as may be therein has been rendered impossible
designated by the Commission by events, factors and circumstances
peculiar to such country or countries,
and which events, factors and
circumstances are beyond the control
or influence of the Commission.