2. Voter Registration, Deactivation, and Reactivation

Elements (VARP):

• Physical presence in the country
• Intention to remain
• Intention to abandon the old domicile
• It must be voluntary, must concur

NOTE: All elements must concur.

Residence for voting - The 6-month residency requirement in the place where one wants to vote requires domicile there; a merely temporary stay does not suffice. A change of domicile requires actual residence in the new locality, an intention to remain there, and an intention to abandon the former domicile. (1987 Constitution, Art. V, Sec. 1).

To successfully effect a transfer of domicile, one must demonstrate:

• An actual removal or change of domicile;
• A bona fide intention of abandoning the former place of resident and establishing a new one; and
• Acts which correspond with that purpose.

There must be animus manendi coupled with animus non revertendi. (Asistio v. Aguirre, G.R. No. 191124, April 27, 2010).

Registration and Deactivation of Voters

[R.A. No. 9189](/ac7c75a5a9794bbeb3ede0f059b50d71?pvs=25)

[R.A. No. 10590](/3e2c4227005e47c7ba6409e7e5efe73d?pvs=25)

[E.O. No. 157, Series of 1987](/9c7f880006934a30b04828b555fa2450?pvs=25)

> R.A. No. 7166, sec. 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.

COMELEC Resolution No. 9371

Registration and Deactivation

Registration - It does not confer the right to vote; it is just a condition precedent to the exercise of the right.

It is the act of accomplishing and filing of a sworn application for the 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 (ERB).

New System of Registration - Continuing registration of voters whereby application for registration of voters shall be conducted daily in the office of the Election Officer during regular office hours and all applications for registration shall be heard and processed on a quarterly basis by the Election Registration Board.

List of Voters

It refers to an enumeration of names of registered voters in a precinct duly certified by the Election Registration Board for use in the election.

Votes in Absentia

• A qualified Filipino citizen abroad may apply for registration and certification as an overseas voter, subject to the requirements of the Overseas Voting Act.
• The application shall be filed personally or by mail
• The application shall be transmitted to COMELEC
• COMELEC shall act on the application not later than 150 days before election day.
• In case of disapproval of the application, the voter or his authorized representative may file a motion for reconsideration personally or by registered mail within 10 days from receipt of notice.
• The decision of COMELEC is final.

Statement of Contributions and Expenses

> R.A. No. 7166, sec. 14

Section 14. Statement of Contributions and Expenditures: Effect of Failure to File Statement. - Every candidate and treasurer of the political party shall, within thirty (30) days after the day of the election, file in duplicate with the offices of the Commission the full, true and itemized statement of all contributions and expenditures in connection with the election.

No person elected to any public offices shall enter upon the duties of his office until he has filed the statement of contributions and expenditures herein required.

The same prohibition shall apply if the political party which nominated the winning candidate fails to file the statement required herein within the period prescribed by this Act.

Except candidates for elective barangay office, failure to file the statements or reports in connection with electoral contributions and expenditures are required herein shall constitute an administrative offense for which the offenders shall be liable to pay an administrative fine ranging from One thousand pesos (P1,000.00) to Thirty thousand pesos (P30,000.00), in the discretion of the Commission.

The fine shall be paid within thirty (30) days from receipt of notice of such failure; otherwise, it shall be enforceable by a writ of execution issued by the Commission against the properties of the offender.

It shall be the duty of every city or municipal election registrar to advise in writing, by personal delivery or registered mail, within five (5) days from the date of election all candidates residing in his jurisdiction to comply with their obligation to file their statements of contributions and expenditures.

For the commission of a second or subsequent offense under this section, the administrative fine shall be from Two thousand pesos (P2,000.00) to Sixty thousand pesos (P60,000.00), in the discretion of the Commission. In addition, the offender shall be subject to perpetual disqualification to hold public office.

No Bio - No Boto

Biometrics - refers to a quantitative analysis that provides a positive identification of an individual such as voice, photograph, fingerprint, signature, iris, and/or such other identifiable features.

The biometrics registration requirement is not a “qualification” to the exercise of the right of suffrage, but a mere aspect of the registration procedure, of which the State has the right to reasonably regulate. Unless it is shown that a registration requirement arises to the level of a literacy, property or other substantive requirement as contemplated by the Framers of the Constitution - that is, one which propagates a socio-economic standard which is bereft of any rational basis to a person’s ability to intelligently cast his vote and to further the public good - the same cannot be struck down as unconstitutional. (Kabataan Partylist vs. COMELEC,G.R. 221318, 2015).

The public has been sufficiently apprised of the implementation of RA 10367, and its penalty of deactivation in case of failure to comply. Thus, there was no violation of procedural due process. (Kabataan Partylist vs. COMELEC,G.R. 221318, 2015).

However, the power of COMELEC to restrict a citizen’s right of suffrage should not be arbitrarily exercised. (Timbol vs. COMELEC, G.R. 206004, 2015).

Who shall submit for biometrics registration?

• New Voters - COMELEC shall implement a mandatory biometrics registration system.
• Registered Voters whose biometrics have not been captured.

Registration of Illiterates/Persons with Disabilities

Illiterate or PWD voters may register with the assistance of the Election Officer or any member of an accredited citizen’s arms; application for registration may be prepared by any relative within the fourth (4th) civil degree of consanguinity or affinity or by the Election Officer or any member of an accredited citizen’s arms using the data supplied by the applicant.

When registration not allowed:

• 90 days before regular election
• 90 days before special election

Each precinct shall have no more than 300 registered voters and shall comprise contiguous and compact territories except when precincts are clustered.

No Election Officer shall hold office in a particular city or municipality for more than 4 years. COMELEC has the authority to effect transfer.

Reshuffling every 4 years

Can COMELEC change the registration period by resolution?

NO. The period within which voters may register to vote is set by law and cannot be changed by mere resolution of the COMELEC.

Book of Voters - Classified as permanent whereby each precinct shall have a permanent list of all registered voters residing within the territorial jurisdiction of that precinct.

Alteration of Book of Voters (DECANT):

• Deactivation / Reactivation
• Exclusion / Inclusion
• Cancellation of registration in case of death
• Annulment of book of voters
• New voters
• Transfer of residence

Deactivation - Removal of the registration records of certain persons from the corresponding precinct book of voters and placing the same in the inactive file, properly marked “deactivated” and dated in indelible ink, after entering the cause of deactivation.

Grounds for Deactivation:

Those which would disqualify you as a voter:

• Convicted by final judgment to suffer imprisonment of not less than 1 year
• Convicted by final judgment of a crime involving disloyalty to the duly constituted government
• Declared insane or incompetent by competent authority
• Others
• Loss of citizenship
• Failed to vote for 2 successive preceding regular elections
• Registration was ordered Excluded by the court

Change of Residence (To Another Municipality or City)

Any registered voter may apply with the Election Officer of his new residence for the transfer of his registration records. The application shall be subject to notice and hearing and approval of the ERB.

Reckoning Period of Age and Residence Detainees

A qualified detainee may be registered as a voter only if at least eighteen years of age on election day, a resident of the Philippines for at least one year and of the place where the detainee proposes to vote for at least six months immediately preceding the election, and otherwise qualified to vote. Detention for six months does not substitute for the age or residence requirements.

Detainees who are already registered voters may apply for transfer of registration records as warranted by the circumstances.