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PRIMER ON VOTER REGISTRATION FOR THE MAY 2016 NATIONAL & LOCAL ELECTION

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WHAT IS LENTE? The Legal Network for Truthful Elections (LENTE) was established in 2007 in response to wide scale and systematic fraud during the past elections.

MISSION LENTE is committed to ensuring truthful elections and meaningful electoral participation for the good of the Filipino people.

VISION LENTE envisions a genuine and participatory democratic Philippine society with an informed, empowered and engaged citizenry, where LENTE serves as a steadfast guardian of a credible and accessible electoral system.

OBJECTIVES 1. To conduct public education activities on the Philippines electoral system

2. To lobby and advocate for electoral reforms that would ensure the credibility of the electoral process and restore the citizens‟ trust in the Philippine democracy

3. To pursue criminal and administrative cases against violators of election laws

4. To strengthen institutional ties among various citizen‟s arms and other organizations for networking, collaboration and coordination of projects and activities

5. To monitor the conduct of elections

CONTACT US: Address: Rm. 303, Ateneo Professional Schools Bldg., #20 Rockwell Drive, Rockwell Center, Makati City Landline: (02) 403-2249 Globe: 0917-602-3228 Smart: 0939-352-4295

FOLLOW US:

www.lente.ph

@lente_ph

@lente_ph

lentephilippines

[email protected]

A GUIDE FOR THE MAY 2016 NATIONAL & LOCAL ELECTIONS

LEGAL NETWORK

FOR TRUTHFUL ELECTIONS

A PRIMER ON

VOTER REGISTRATION


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TABLE OF CONTENTS

PAGE TITLE Page

Terms to Remember 3

The Right to Vote 4

Basics of Registration 5

How to Register? 6 - 7

Registration for PWDs, Senior Citizens and IPs 8

Registration for Detainee Voters 9

Registration for Overseas Absentee Voting 10-12

Transfer of Registration of Records 13

Correction of entries in the Registration Records 14

Deactivation of Registration 15

Reinstatement of Registration 16

Notice and Hearing on Applications 17

Mandatory Biometrics Act 18

Validation of Records 19-21

Updating of Records for PWD, Senior Citizen and 22

Inclusion and Exclusion of Voters 23

About LENTE 24

Updated August 2014

LEGAL NETWORK FOR TRUTHFUL ELECTIONS

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INCLUSION AND EXCLUSION OF VOTERS

What is a petition for inclusion?

It is a process wherein a voter whose application has been disapproved or has been struck from the voter‟s list may file a petition in court to include his/her name in the permanent list of voters in his/her precinct. (Section 34, R.A. No. 8189) For the 2016 Elections, the petition shall be filed not later than January 25, 2015. It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the ERB. The petition shall be decided within fifteen (15) days after its filing. (Section 49, COMELEC Resolution No. 9853)

What is a petition for exclusion?

A petition for exclusion is an action filed by a registered voter, a representative of a political party, or the EO for the exclusion a voter from the permanent list of voters, giving the name, address and precinct of the challenged voter. (Section 35, R.A. No. 8189) For the 2016 Elections, the petition shall be filed not later than January 30, 2015. 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.

Who has jurisdiction over petitions for inclusion/exclusion of

voters?

Any petition for inclusion/exclusion of voters will be filed in

municipal and/or metropolitan trial courts. (Section 33, R.A. No. 8189)


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UPDATING OF RECORDS FOR PWD, SENIOR CITIZEN AND IPS

APP means “Accessible Polling Places”. These

are polling places which have complied with the mandatory requirements to cater the needs of PWD voters, specifically in terms of its location at the ground floor of the voting center.

(SECTION 39, COMELEC RESOLUTION NO. 9853)


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TERMS TO REMEMBER

Abbreviations

APP Accessible Polling Place

ARMM Autonomous Region for Muslim Mindanao

BEI/BET Board of Election Inspector/ Board of Election

Teller

BP 881 Batas Pambansa Bilang 881 or Omnibus Elec-

tion Code

COMELEC Commission on Elections

EO Election Officer

ERB Election Registration Board

ICC Indigenous Cultural Communities

IFES International Foundation for Electoral Systems

IP Indigenous Peoples

LENTE Legal Network for Truthful Elections

MTC Municipal Trial Court / Metropolitan Trial Court

OAV Overseas Absentee Voting

PES Provincial Election Supervisor

PWD Persons with Disability

RED Regional Election Director

SBEI/SBET Special Board of Election Inspector/ Special

Board of Election Teller

VRM Voter Registration Machine


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REMINDER!

Registration is for FREE.

No fees is required to be registered .

What is the Right to suffrage? It is the right to vote and to be elected at genuine periodic elections. (Article 25 (b), International Covenant on Civil and Political Rights) Who has the right to vote? According to Art. V, Sec. 1 of the 1987 Constitution, suffrage may be exer-cised by:

all citizens of the Philippines

not disqualified by law

at least eighteen years of age

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 preced-ing the election

no literacy, property, or other substantive requirement will be imposed on the exercise of suffrage.

When can you exercise your right to vote? In order that a qualified elector may vote he/she must be registered in the per-manent list of voters for the city or municipality where he/she resides (Section 115, Batas Pambansa Blg. 881). His/her registration records should not have been deactivated by reason of his/her failure to vote in two (2) successive pre-ceding regular elections (Section 27 (d), R.A. No. 8189). Specifically for May 2016 elections, he/she must have been able to submit himself/herself for valida-tion — the capture of biometrics before the last day of registration on October 31, 2015. (Section 7, R.A. No. 10367). Which candidates can you vote for in the May 2016 elections?

President

Vice President

12 Senators

Congressmen

Local Government Unit Candidates (except barangay officials)

THE RIGHT TO VOTE


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To Validate or Not to Validate?

If you‟re not sure of your biometrics status, check it online by following

the steps below:

COMELEC’s I-Rehistro You can fill-up your application forms for new registrants, reactivation, correction, change name, transfer or just download a blank form. You are still required to go to the COMELEC Office near you to complete the registration process. For registrants in Quezon City, you can fill-up your forms and submit it online for your schedule to go at COMELEC’s office. go to http://www.comelec.gov.ph/?r=VoterRegistration/iRehistro


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VALIDATION OF RECORDS

What to do if the Voting Registration Machine (VRM) is

defective during registration?

(a) If the VRM becomes defective during the registration period, the

accomplished application forms will be accepted but not processed. In

this case, the EO will immediately inform the Information Technology

Department (ITD) and Election and Barangay Affairs Department (EBAD)

that the VRM is defective and request immediate repair or replacement.

(b) The EO will immediately notify in writing the applicants concerned

once the VRM is functional again. If the applicant fails to return despite

the written notice, his/her application will be considered incomplete and

deemed not filed, and will not be submitted to the ERB. The EO will print

and post the list of applicants who failed to return for BIOMETRICS data

capturing in the city/municipality bulletin boards and EO‟s Office.

(Section 8, COMELEC Resolution No. 9853)


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No to Mañana! Register early.

Go to the Office of the Election Officer to know the

schedule of satellite registration if you want to avail of

this service

What is registration? Registration refers to the act of accomplishing and filing a sworn application for registra-tion by a qualified voter before the election officer (EO) of the city or municipality wherein he/she resides and including the same in the book of registered voters, upon approval of the Election Registration Board. (Section 3, R.A. No. 8189) Who may register? In order for a person to register he/she must be:

18 years old on or before May 9, 2016;

Resident of the Philippines for at least 1 year;

Resident of the place he/she wishes to vote at for at least six (6) months; and

Not disqualified by law. (Section 9, R.A. No. 8189)

Who are disqualified to register? The following shall be disqualified to register:

Sentenced by final judgment for imprisonment not less than one (1) year

Adjudged by final judgment of having committed a crime involving disloyalty to the gov-

ernment (rebellion, insurrection, or any crimes against national security)

Declared insane or incompetent by a competent authority, unless such authority de-

clares that such person is no longer such (Section 9, R.A. No. 8189) When can you register for the 2016 Elections?

May 6, 2014 to October 31, 2015, 8am to 5pm from Mondays to Fridays, inclusive of

holidays (COMELEC Resolution No. 9889, released last August 2, 2014) except fot NCR and Highly Urbanized Cities (Baguio City, Angeles City, Olongapo City, Lucena City, Puerto Princesa City, Ilo-ilo City, Bacolod City, Cebu City, Mandaue City, Lapu-lapu City, tacloban City, Zamboanga City, Cagayan De Oro City, Iligan City, Davao City, Gen. Santos City at Butuan City), where registration is from Sundays to Fridays at 8 o’clock in the morning until 5 o’clock in the afternoon.

Where can you register for the 2016 Elections?

Office of the Election Officer where you reside

Satellite Registration Office

BASICS OF REGISTRATION


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HOW TO REGISTER

Who are relatives up to the 4th degree of consanguinity or affinity? Relatives within 4th civil degree are from the par-ents, grandparents up to your FIRST COUSIN.



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VALIDATION OF RECORDS

WHAT IS VALIDATION? It is the process of completing the data of registered voters who have no biometrics data or with incomplete biometrics data. (Section 38, COMELEC Resolution No. 9853)


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MANDATORY BIOMETRICS ACT

What is MANDATORY BIOMETRICS VOTER REGISTRATION

(Republic Act No. 10367)?

It is the law which requires every registered voter and would-be voter to have their biometrics taken in order to exercise their right to vote in the May 2016 Synchronized National, Local and ARMM Regional Elections. This biometric requirement is a prerequisite in exercising the right to vote in the 2016 National and Local elections and succeeding elections thereafter.

What is BIOMETRICS?

Who should submit for Validation?

Those registered voters whose biometrics have not been captured shall submit themselves for validation (Section 3, R.A. No.10367)

What is the main use of the Biometric Database?

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 (Section 9, R.A. No. 10367).

Biometrics refers to the quantitative analysis that provides a positive

identification of an individual such as voice, photograph, fingerprint, signature, iris and/or such other identifiable features captured by the Data Capture

Machine. (Sections 2(b) & (c), R.A. No. 10367)

What are the Prohibited Acts identified under the Mandatory Bio-

metrics Act?

The following shall be election offenses punishable under Sections 263 and 264 of Batas Pambansa Bilang 881, as amended, otherwise known as the "Omnibus Election Code":

a. Any person who shall prohibit, impede, obstruct or prevent a registered voter or a new voter from submitting his or her biometrics for capture through the use of force, intimidation or monetary consideration; and

b. Any public official or person who, under the guise of implementing this Act, shall unjustifiably and without due process, cause the deactivation or reactivation of any registered voter (Section 9, R.A. No. 10367).


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HOW TO REGISTER

VRM

means

“Voter Registration Machine”

http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode/OECArt22#sec262

http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode/OECArt22#sec264

http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode

http://www.comelec.gov.ph/?r=References/RelatedLaws/OmnibusElectionCode


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REGISTRATION FOR PWDS, SENIOR CITIZENS AND IPS

The EO will adopt a system to speed up the

registration process and provide express lanes for

the exclusive use of Persons with Disabilities

(PWD), Senior Citizens and Indigenous Peoples (IP)



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NOTICE AND HEARING ON APPLICATIONS

SECTION 33, COMELEC RESOLUTION NO. 9583

REMINDER:

After registration, your application will un-

dergo the process of approval from the Elec-

tion Registration Board (ERB) to be a regis-

tered voter.


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REINSTATEMENT OF REGISTRATION

What will you do if your registration is omitted? (Reinstatement)

Any registered voter whose name has not been included, or has been omitted in the precinct certified list of the immediate preceding elections, may file an application for reinstatement. (Section 21, COMELEC Resolution No. 9853)


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REGISTRATION FOR DETAINEE VOTERS

Who is entitled to avail of detainee voting? Any registered detainee whose registration record is not transferred, deactivated, cancelled or deleted may avail of detainee voting. (Section 1, COMELEC Resolution No. 9371)

Who are detainees?

Any person:

confined in jail, formally charged for any crime(s) and awaiting/undergoing trial; or

serving a sentence of imprisonment for less than one (1) year; or convicted of a crime involving disloyalty to the government (such as

rebellion, sedition, violation of the firearms laws or any crime against national security or for any other crime on appeal) (Sec 2(a), COMELEC Resolution No. 9371)

When can a detainee register? A detainee can register if he/she is at least eighteen (18) years of

age on the day of election and is committed inside the detention center for at least six (6) months immediately preceding the election day.

Detainees who are already registered voters may apply for transfer of registration records as warranted by the circumstances. (Section 6, COMELEC Resolution No. 9853)

Where to register?

A detainee can register at the satellite registration in detention centers/jails. (Section 6, COMELEC Resolution No. 9853).

Who shall conduct the registration? EOs will conduct satellite registration in the facility for detainees who are residents under the EOs‟ respective jurisdictions. (Section 5 in relation to Section 6, COMELEC Resolution No. 9853).


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REGISTRATION FOR OVERSEAS ABSENTEE VOTING

Can qualified Filipino citizens abroad exercise their right to vote? Yes. All citizens of the Philippines living abroad, who are not otherwise disqualified by law and at least eighteen (18) years of age on the day of elections, may vote for President, Vice-President, Senators and Party-List Representatives, as well as in all national referenda and plebiscites (Section 4 , R.A. No. 9189, as amended). Who are disqualified to vote overseas? (a) Those who have lost their Filipino citizenship in accordance with

Philippine laws; (b) Those who have expressly renounced their Philippine citizenship and

who have pledged allegiance to a foreign country, except those who have reacquired or retained their Philippine citizenship under Citizenship Retention and Reacquisition Act of 2003;

(c) Those who have committed and are convicted in a final judgment by a Philippine court or tribunal of an offense punishable by imprisonment of not less than one (1) year, such judgment not having been removed by plenary pardon or amnesty; Any citizen of the Philippines abroad previously declared insane or incompetent by a competent authority in the Philippines or abroad, as verified by the Philippine embassies, consulates or foreign service establishments concerned, unless such competent authority subsequently certifies that such person is no longer insane or incompetent (Section 5 , R.A. No. 9189, as amended).

Under item (c), any person disqualified to vote

will automatically acquire the right to vote five (5)

years after serving his or her sentence

Where can the qualified citizens register to vote? (a) Any posts abroad - any Philippine embassies, consulates, foreign

service establishments and other Philippine government agencies maintaining offices abroad and having jurisdiction over the places where the overseas voters reside; or,

(b) Field and mobile registration centers that will be set up outside the posts or in the Philippines, as approved by COMELEC. (Section 6, R.A. No. 9189, as amended).


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DEACTIVATION OF REGISTRATION

The registration of the following persons are deactivated and removed from the corresponding precinct book of voters, and marked and dated in indelible ink in the inactive file after entering the cause or causes of deactivation:

Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such judgment not having been removed by plenary pardon or amnesty: Provided, however, that any person disqualified to vote under this paragraph will automatically reacquire the right to vote five (5) years after the sentence has been served, as certified by clerks of the Municipality/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan;

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/she shall regain his/her right to vote automatically five (5) years after serving their sentence;

Any person declared by a competent authority to be insane or incompetent unless such disqualification has been subsequently removed by a declaration of a proper authority that such a person is no longer insane or incompetent;

Any person who did not vote in 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;

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

Any person who has lost his Filipino citizenship. (Section 27, R.A. No. 8189).

How can you reactivate your registration? Any registered voter whose registration has been deactivated

may apply for reactivation of his/her registration records with the EO

by personally accomplishing in three (3) copies, both sides of the

prescribed application form stating therein that the grounds for the deactivation no longer exist. (Section 17, COMELEC Resolution No. 9853 in relation to Section 28, R.A. No. 8189).


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CORRECTION OF ENTRIES IN THE REGISTRATION RECORDS

When can the entries in the precinct book of voters or in the certi-fied list of voters be corrected? When the registration records contain erroneous entries, including wrong or misspelled name, birth date, birth place or typographical errors. (Section 19, COMELEC Resolution No. 9853)


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REGISTRATION FOR OVERSEAS ABSENTEE VOTING

What are the requirements for registration? (a) A valid Philippine passport. In the absence of a valid passport, a

certification of the Department of Foreign Affairs that it has reviewed the appropriate documents submitted by the applicant and has found them sufficient to warrant the issuance of a passport, or that the applicant is a holder of a valid passport, but is unable to produce the same for a valid reason; and

(b) Accomplished registration form prescribed by the Commission. For Applicants who availed themselves of the „Citizen Retention and Reacquisition Act (Republic Act No. 9225), they shall present the original or certified true copy of the order of approval for their application to retain or reacquire their Filipino citizenship, issued by the post or their identification certificate issued by the Bureau of Immigration (Section 12, R.A. No. 9189, as amended).


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What will the overseas voter do if he/she is previously registered, pursuant to the Voter’s Registration Act of 1996(R.A. No. 8189)? Qualified Philippine citizens abroad will apply for certification as overseas voters and inclusion in the National Registry of Overseas Voters (NROV). If approved, the EO will note the applicant‟s registration/certification as an overseas voter in the certified voters‟ list and in the voter‟s registration records. (Section 9.3, R.A. No. 9189, as amended). What will the overseas voter do if the voting venue changes? The overseas voter, with the Office for Overseas Voting (OFOV) through its Chairperson, must file an application for transfer of registration at least one hundred eighty (180) days before the start of the overseas voting period. (Section 10 of R.A. No. 9189, as amended). What will the overseas voter do if he/she will eventually vote in the Philippines? Applicants who would eventually vote in the Philippines should register within the time frame provided for local registration in the municipality, city, district where they intend to vote. Applicants who have registered in the municipality, city or district where they resided prior to their departure abroad do not need to register again. Transferees shall notify OFOV of their transfer back to the Philippines at least one hundred eighty (180) days prior to the next national elections in order to have their name cancelled from Certified List of Overseas Voters (CLOV) and of removing their overseas voter‟s registration from the book of voters. (Section 10 of R.A. No. 9189, as amended). Can the registration of an approved overseas voter be deactivated? Yes. The Resident Election Review Boards will deactivate and remove the registration records of the following persons from the corresponding book of voters: (a) Any person who has been sentenced by final judgment by a Philippine court

or tribunal to suffer imprisonment for not less than one (1) year, such judgment not having been removed by plenary pardon or amnesty:

(b) Any person declared by a 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;

(c) Any person who did not vote in two (2) consecutive national elections as shown by voting records; and

(d) Any person whose registration has been ordered excluded by the courts. (Section 14, R.A. No. 9189, as amended).


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TRANSFER OF REGISTRATION OF RECORDS

This step-by-step process of registration are for previously registered voters

who transferred from their old residence to another complying with the six (6)

month residency requirement. (Section 15, COMELEC Resolution No. 9853)

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