3. Inclusion and Exclusion Proceedings

Bail in Deportation Proceedings

As a general rule, the constitutional right to bail is available only in criminal proceedings. Thus, they do not apply in deportation proceedings, which are administrative in nature. However, see Mejoff v. Director of Prisons, where the court applied the general principles of international law found in the UDHR and ordered released under a bond in a Habeas Corpus petition. (Bernas, The 1987 Philippine Constitution: A Comprehensive Reviewer, 2011)

Post-Approval Remedies:

• Petition for inclusion
• Annulment of Book of Voters
• Petition for exclusion

Annulment of book voters - a voter, election officer, or duly registered political party may file a verified petition for the annulment of a book of voters with the COMELEC. No order, ruling, or decision annulling a book of voters shall be executed within 90 days before an election. (Republic Act No. 8189, Section 39)

Guidelines (STERN)

• Voter whose registration has been deactivated 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 120 days before a regular election and 90 days before a special election;
• Election officer shall submit said application to the ERB 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.

Inclusion and Exclusion Proceedings

• The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over all matters of inclusion and exclusion of voters from the list in their respective municipalities or cities.
• Decisions may be appealed to the RTC within 5 days from receipt of notice of decision.
• RTC will decide the appeal within 10 days. Decision is final and executory.
• Any voter, candidate or political party that may be affected by the proceedings may intervene.