Election Laws

St. Mary’s College of Law

Atty. June Erik C. Ylanan

REGISTRATION

I. Political Parties & Accredited Citizen’s Arms

Political Parties
 An organized group of persons pursuing the same ideology or platform, principles and policies
for the general conduct of citizens advocating an ideology, political ideas or platforms of
government and include its branches and division.

 An organized group of citizens advocating an ideology or platform, principles and policies for
the general conduct of the government and which, as the most immediate means of securing
their adoption, regularly nominates and supports certain leaders and members as candidates
of office

 The political part seeking registration may file with the COMELEC a verified petition attaching
thereto its constitution and by-laws, platform or program of government and such other
relevant information as may be required by the COMELEC. The petition shall be published in at
least 3 newspaper of general circulation. After due notice and hearing, the COMELEC shall
resolve the petition within 10 days from the date it is submitted for decision.

Accredited Citizen’s Arms

 Any bona fide non-partisan group, association or organization form the civic, youth,
professional, educational, business or labor sectors with identifiable leadership, membership
and structure, and with demonstrated capacity to promote the public interest and assist the
COMELEC in the performance of its functions and activities as mandated by the Constitution
and by law.

Revocation of the Accreditation

The revocation of the accreditation may be done by the COMELEC after notice and hearing for
any of the following acts:

1. The citizen’s arm has showed or acted with partiality in any political issue or to any political
party, organization or coalition of political parties;
2. It has performed acts in excess of its duties and functions as provided by law; or
3. It has failed to comply with the conditions imposed upon it in the decision granting
accreditation.

Note: The accreditation automatically expires at the end of the election period of the political exercise
for which the petitioner was accredited as citizen’s arm.

II: Voters (refer to RA 8189 or the “Voter’s Registration Act”)

 Registration of voters is a means of determining who possess the qualification of voters and
regulating the exercise of the right of suffrage. It is essential to enable a qualified voter to
vote in any election, or nay form of popular intervention.

Suffrage may be exercised:

1. By all citizens of the Philippines,

2. Not otherwise disqualified by law,
3. Who are at least 18 years of age, and

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4. Who shall have resided in the Philippines for at least 1 year and in the place wherein they
propose to vote for at least 6 months immediately preceding the elections.

No literacy, property, or other substantive requirement shall be imposed on the exercise of

suffrage.

 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 military or naval reservations within the Philippines, service in the AFP, or confinement or
detention in government institution in accordance with law, shall not be deemed to have lost
his original residence.

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

Requirements to acquire new domicile by choice:

1. Residence or bodily presence in the new locality;

2. An intention to remain in the new locality; and
3. An intention to abandon the old domicile. There must be animus manendi coupled with animus
non-revertendi.

System of Continuing Registration of Voters (Sec. 8, RA 8189)

A qualified voter can personally file an application for registration daily with the office of the election
officer during regular office hours.

LIMITATION: No registration shall however be conducted during the period starting 120 days before
the regular elections and 90 days before a special election.

Qualifications for Registration (Sec. 9, RA 8189)

1. Citizenship – all citizens of the Philippines, Not otherwise disqualified by law;

2. Age – at least 18 years old on the day of the election;
3. Residence – resident in the Philippines for at least 1 year;
a. Resident in the place wherein they propose to vote immediately preceding elections for
at least 6 months.
b. For election law purposes, residence is synonymous with domicile;
c. Original residence not deemed lost - temporarily residing in another city, municipality
or country solely by reason of occupation, profession, employment, educational
activities, work in the military, or naval reservations within the Philippines, service in the
AFP, the National Police forces or confinement or detention in government institutions
in accordance with law.

Disqualifications (Sec. 11 of RA 8189)

1. Any person who has been sentenced by final judgement to suffer imprisonment for not less
than 1 year;
2. 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 law, or any crime against
national security in accordance with law;

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3. Insane or incompetent as declared by a competent authority.

When is disability removed?

1. Those sentenced by final judgment, disability or removed by (a) plenary pardon; (b) amnesty;
(c) expiration of 5 years after service of sentence.
2. For insane and incompetent, by an official declaration by a proper authority that the insanity
or incompetency no longer exist.

Who are considered illiterate and disabled voters and how do they register?

Disabled or illiterate applicants – referred to as persons who cannot by themselves prepare an

application for registration because of their physical disability and/or inability to read and write.

Procedure for illiterate applicant

1. An applicant maybe assisted by the election officer or any member of an accredited citizen’s
arm;
2. The election officer shall place the illiterate person under oath, as him questions and record
the answers given in order to accomplish the application form;
3. It must be done in the presence of the majority of the members of the board;
4. The election officer or any member of the accredited citizen’s arm shall read the accomplished
form aloud to the applicant in the presence of the majority of the members of the Board and
ask him if what was written is true and correct;
5. The accomplished form shall be subscribed and attested by the majority of the Board by
means of thumbmark or some other customary mark;
6. The accomplished form shall be subscribed and attested by the majority of the members of
the Board;
7. The fact of illiteracy shall be so indicated in the application.

Procedure for disabled applicants:

1. The application for registration of a physically disabled person may be prepared by any relative
within the 4th civil degree of consanguinity or affinity or by the election officer or any members
of an accredited citizen’s arms;
2. It shall be prepared using the data supplied by the applicant;
3. The fact of disability shall be so indicated it the application.

List of Voters (Sec. 3 (d), RA 8189) - it is an enumeration of names of registered voters in a precinct
duly certified by the Election Registration Board

Book of Voters (Sec. 3 (c), RA 8189) – It is the compilation of all registration records in a precinct.

Annulment of Book of Voters (Sec. 39, RA 8189)

Any voter or election officer or duly registered political party files a verified petition for the
annulment of book of voters. The grounds are as follows:

1. The book of voters was not prepared in accordance with RA 8189;

2. It was prepared through:
a. Fraud
b. Bribery
c. Forgery

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d. Impersonification
e. Force
f. Any similar act
3. The book of voters contains data that are statistically improbable.

 The book of voters shall be annulled by the COMELEC after due notice and hearing upon filing
of a verified petition. No order, ruling or decision annulling a book of voters shall be executed
within 90 days before an election.

Deactivation (Sec. 27, RA 8189)

It is the process wherein the registration record of a voter is removed by the Board from the
corresponding precinct book of voters and places the same in an inactive file properly marked and
dated in indelible ink and after entering the causes for deactivation which are as follows:

1. Those who are disqualified by virtue of a final judgment and insane and incompetent persons
as officially declared;
2. Any person who failed to vote in 2 successive preceding regular elections as shown by his
voting records;
3. Any person whose registration has been ordered excluded by the court;
4. Any person who has lost his Filipino citizenship.

Reactivation (Sec. 28, RA 8189)

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.

Cancellation (Sec. 29, RA 8189)

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.

Remedies of persons whose application for reactivation, inclusion or correction has been disapproved
or those who intend to exclude a voter from the list of voters: (Sec. 32, RA 8189)

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1. Petition for inclusion, exclusion or correction of names of voters shall be filed during office
hours;
2. 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;
3. A petition shall refer only to one (1) precinct and implead the Board as respondents;
4. 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;
5. Any voter, candidate or political party who may be affected by the proceedings may intervene
and present his evidence;
6. 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
7. 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.

Jurisdiction on Inclusion and Exclusion Cases (Sec. 33, RA 8189)

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.

Petition for Inclusion of Voters in the List (Sec. 34, RA 8189)

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.

Petition for Exclusion of Voters from the List (Sec. 35, RA 8189)

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St. Mary’s College of Law
Atty. June Erik C. Ylanan

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.

Voters excluded through the inadvertence or registered with erroneous or misspelled name, what to
file:

1. PETITION FOR REINSTATEMENT – may be filed by any registered voter who has not been
included in the precinct certified list of voters; or
2. PETITION FOR CORRECTION OF NAMES – may be filed by any registered voter who has been
included in the precinct certified list of voters with a wrong or misspelled name; or
3. PETITION FOR THE INCLUSION OF REGISTERED RECORD – may be filed by any registered
voter whose registration record has not been included in the precinct book of voters.

 It must be filed with the Election Registration Board.

Remedy if Petition is not acted upon:

The voter may file on any date with the proper MTC a petition or an order directing that the
voter’s name be entered or corrected in the list. Attached with it are the following:

1. Certified true copy of his registration record, or identification card, or the entry of his name in
the lust of voters used in the preceding election;
2. Proof that his application was denied or not acted upon by the Board; and
3. Proof that the petitioner has served notice of his application to the Board.

Election Registration Board (Sec 5, RA 8189)

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.

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

Limitation:

No election officer shall hold in a particular city or municipality for than 4 years. Any election
officer, who either at the time of the approval of RA 8189 or subsequent thereto, has served at least
4 years in a particular city or municipality shall automatically be reassigned by the Commission to a
new station outside the original congressional district.

Read the following cases:

1. Akbayan-Youth vs. COMELC (GR No. 147066)

2. Sabili vs. COMELEC (GR No. 193261)
3. Jalosjos vs. COMELEC (GR No. 192474)
4. Mitra vs. COMELEC (622 SCRA 744)
5. Asistio vs .Trinidad Pe-Aguirre (GR No. 191124)
6. Panlaqui vs. COMELEC (G.R. No. 188671)
7. Domino vs. COMELEC (G.R. No. 134015)

III. Overseas Absentee Voters (RA 9189 or The Overseas Absentee Voting Act of 2003)

Who is an overseas absentee voter?

Refers to a citizen of the Philippines who is qualified to register and vote under RA 9189,, not
otherwise disqualified by law, who is abroad on the day of the elections.

Who are disqualified? Sec. 5, RA 9189

1. Those who have lost their Filipino citizenship in accordance with Philippine laws;

2. Those who have expressly renounced their Philippine citizenship and who have pledged
allegiance to a foreign country;

3. Those who have committed and are convicted in a final judgment by a court or tribunal of an
offense punishable by imprisonment of not less than one (1) year, including those who have
committed and been found guilty of Disloyalty as defined under Article 137 of the Revised
Penal Code, such disability not having been removed by plenary pardon or amnesty; Provided,
however, That any person disqualified to vote under this subsection shall automatically acquire
the right to vote upon expiration of five (5) years after service of sentence; Provided, further,
That the Commission may take cognizance of final judgments issued by foreign courts or
tribunals only on the basis of reciprocity and subject to the formalities and processes
prescribed by the Rules of Court on execution of judgments;

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.

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5. Any citizen of the Philippines abroad previously declared insane or incompetent by 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.

Read the following cases:

1. Macalintal vs. COMELEC (405 SCRA 614)

2. Nicolas-Lewis vs. COMELEC (GR No. 162759)

Precinct/Polling Place/Voting Center

Precinct - the basic unit of territory established by the Commission for the purpose of voting.

Precinct Maps – refers to the sketch or drawing of a geographical area stated in terms of streets or
street blocks or sitios the residents of which belong a particular precinct.

Polling place - the place where the Board of Election Inspectors conduct its proceedings and where
the voters cast their votes.

Voting center - refers to the building or place where the polling place is located.

Arrangement of Precinct (Sec. 6, RA 8189)

Every barangay shall have at least one (1) precinct. Each precinct, shall have no more than
two hundred (200) voters and shall comprise contiguous and compact territories.

A. A precinct shall be allowed to have less than 200 registered voters under the following conditions:
1. As soon as the 200-limit for every precinct has been reached, a spin-off or daughter
precinct shall be created automatically by the Commission to accommodate voters residing within the
territorial jurisdiction of the original precinct. Thereafter, a separate list of new voters shall be
prepared by the Election Officer; and

2. An island or group of islands with less than two hundred (200) voters may comprise one (1)
original precinct.

B. Every case of alteration of precincts shall be duly announced by posting a notice thereof in a
conspicuous place in the precinct, in the office of the election officer and in the city or municipal hall
and by providing political parties and candidates a list of all the precincts at the start of the campaign
period; and

C. Consolidation or merger of at most three (3) precincts may be allowed: Provided, That the
computerized counting shall be implemented: Provided, further, That the merger of such precincts
shall be effected ninety (90) days before election day.

Board of Election Inspectors

To Constitute: At least 30 days before the date when the voters list is to be prepared in case of a
regular election or 15 days in case of a special election, the COMELEC shall, directly, or through its
duly authorized representatives, constitute a BEI for each precinct.

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St. Mary’s College of Law
Atty. June Erik C. Ylanan

Composition:

1. Chairman
2. Poll Clerk
3. A third member

All of whom shall be public school teachers. In case there are not enough public school teachers,
teachers in private schools, employees in the civil service, or other citizens of known probity and
competence who are registered voters of the city or municipality may be appointed for election duty.

Disqualification:

 No person shall serve as Chairman or member of the BEI if he or she is related within the 4th
civil degree of consanguinity or affinity to any member of the BEI or to any candidate to be
voted for in the polling place or his spouse.
 No member of the BEI shall engage in any partisan political activity or take part in the election
except to discharge his duties as such and to vote.
 No member shall, before the termination of the voting, make any announcement as to
whether a certain registered voter has already voted or not, as to how many have already
voted or not, or how many so far have failed to vote, or any other fact tending to show or
showing the state of the polls, nor shall he make any statement at ay time as to how any
person voted, except as witness before the court.

Powers of BEI (Sec. 168, OEC)

The board of election inspectors shall have the following powers and functions:

a. Conduct the voting and counting of votes in their respective polling places;

b. Act as deputies of the Commission in the supervision and control of the election in the polling
places wherein they are assigned, to assure the holding of the same in a free, orderly and honest
manner; and

c. Perform such other functions prescribed by this Code or by the rules and regulations promulgated
by the Commission.

Duty of the BEI

The BEI are confined to the conduct of elections and the counting of votes, and does not
decide the eligibility of candidates. The counting should be liberal to effectuate the will of the
electorate. The latter should not be disenfranchised for technical causes.

A certificate of the number of the votes received by a candidate shall be issued by the BEI and
duly signed by all of them, upon request by the watchers.

As soon as the voting is finished, the BEI shall publicly count it he polling place the votes cast
and ascertain the results. The Board shall not adjourn or postpone or delay the count until it has fully
completed, unless otherwise ordered by the COMELEC.

Voting Privilege of Members of BEI

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

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Atty. June Erik C. Ylanan

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. (Sec. 169 of OEC)

In relation thereto, EO 157 (March 30, 1987) or “PROVIDING FOR ABSENTEE VOTING BY OFFICERS
AND EMPLOYEES OF GOVERNMENT WHO ARE AWAY FROM THE PLACE OF THEIR REGISTRATION
BY REASON OF OFFICIAL FUNCTIONS ON ELECTION DAY” was promulgated:

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.

Sec. 2. Thirty (30) days before the election, the appropriate head of office shall submit to the
Commission on Elections a list of officers and employees of the office who are registered voters, and
who, by reason of their duties and functions, will be in places other than their place of registration,
and who desire to exercise their right to vote, with the request that said officers and employees be
provided with application forms to cast absentee ballots in their place of assignment.

The list and the request shall be under oath.

Sec. 3. Upon verification by the Commission on Elections that the persons included in the list are
qualified voters, it shall transmit the exact number of application forms to the head of the office
making the request.

Sec. 4. The application forms shall be returned only accomplished to the Commission on Elections not
later than April 25, 1987.

Sec. 5. Upon verification of the applications, the Commission shall transmit the exact number of
absentee ballots to the appropriate head of the government office for distribution to the applicants.

Sec. 6. The head of the office shall prepare a sworn report on the manner of distribution of the
absentee ballots, indicating therein the number of ballots transmitted to each province, the names of
the persons to whom the absentee ballots are delivered, and the serial numbers of ballots. It shall be
accompanied by a certificate of eligibility to vote absentee for each particular voter.

Sec. 7. For the purpose of the 1987 congressional election, the absentee voters shall vote only for
candidates for senator.

Sec. 8. The voters who cast absentee votes shall vote one week before election day. They shall do so
by delivering to the Commission on Elections Regional Director, or the Provincial Election Supervisor
or the City or Municipal Election Registrar of the place of their assignment ballot within two security
envelopes, the one containing the absentee ballots indicating only that it is an envelope of the
Commission on Elections, and the other envelope indicating the name of the absentee voter and
his/her affidavit number.

Sec. 9. The Commission on Elections official concerned to whom the absentee vote is delivered shall
immediately transmit by the fastest means available to the Commission on Elections the special
Commission on Elections absentee ballot within two security envelopes so that the same are in the
central office of the Commission one day before the elections.

The transmittal letter shall indicate the names of the persons who cast the absentee votes, their
voters' affidavit numbers and their certificates of eligibility to vote absentee.

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St. Mary’s College of Law
Atty. June Erik C. Ylanan

Sec. 10. The Commission on Elections shall canvass the votes cast by absentee voters and shall add
the results of the same to the votes reported throughout the country.

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