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Saturday, May 19, 2012

RULES AND REGULATIONS


RESOLUTION No. 9149


RULES AND REGULATIONS FOR THE RESUMPTION OF THE SYSTEM OF
CONTINUING REGISTRATION OF VOTERS AND VALIDATION OF REGISTRATION RECORDS
IN THE NON-ARMM AREAS


Promulgation: 11 February 2011




Pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 8189 and other related election laws, the Commission on Elections has RESOLVED, as it hereby RESOLVES, to promulgate the following rules and regulations to govern the resumption of the system of continuing registration of voters and validation of registration records for Non-ARMM Areas.
Section 1. Declaration of policy. – It is the policy of the Commission to establish a clean, complete, permanent, and updated list of voters through the adoption of BIOMETRICS technology (photograph, fingerprints and signature) in the registration process. 
ARTICLE I
REGISTRATION
Sec. 2. Date, time and place of filing, hearing and approval/disapproval of applications. Applications for registration, transfer of registration records, change/corrections of entries in the registration records, reactivation of registration records and inclusion of registration records/reinstatement of name in the list of voters, shall be personally filed beginning  April 1, 2011 to October 31, 2012 at the Office of the Election Officer (OEO) of the city/municipality where the applicant resides, from Monday to Saturday, inclusive of holidays during regular office hours at 8:00 o’clock a.m. to 5:00 o’clock p.m. 
The applications shall be heard by the Election Registration Board (ERB) at the OEO, in accordance with the following schedule:

Period
to file applications
Last day to post Notice of Hearing with Lists of Applicant
Last day to file opposition to applications
Hearing and Approval/ Disapproval of applications
April 1, 2011 to
June 30, 2011
July 4, 2011
July 11, 2011
July 18, 2011
July 1, 2011 to September 30, 2011
October 3, 2011
October 10, 2011
October 17, 2011
October 1, 2011 to December 22, 2011
January 2, 2012
January 9, 2012
January 16, 2012
January 3, 2012 to March 31, 2012
April 2, 2012
April 9, 2012
April 16, 2012
April 1, 2012 to
June 30, 2012
July 2, 2012
July 9, 2012
July 16, 2012
July 1, 2012 to September 30, 2012
October 1, 2012
October 8, 2012
October 15, 2012
October 1, 2012 to October 31, 2012
November 5, 2012
November 12, 2012
November 19, 2012

The Election Officer (EO) shall adopt a system of processing applications to speed up the registration process, minimize queuing and avoid inconvenience.

Sec. 3.  Satellite registration.   The EO may establish satellite offices within his area of jurisdiction to ensure wider voter participation, subject to the following conditions:
  1.  The EO shall approximate the number of prospective applicants per barangay/sitio which will maximize the capacity of the Voter Registration Machine (VRM);
  2. The EO shall submit a request to the Provincial Election Supervisor (PES) on the establishment of the satellite office/s at least five (5) days before the scheduled registration therein.  The PES shall submit their recommendation to the Regional Election Director (RED), who shall approve or disapprove the establishment of the satellite offices.
For the National Capital Region (NCR) and Zamboanga City, the EO shall submit a request to the RED who shall directly act on the request;
  1. Written notice of the schedule/s for registration in the satellite office/s shall be disseminated and posted in the Bulletin Boards of the Office of the Election Officer, city/municipal hall and in the barangays/sitios concerned;
  2. The satellite office shall be established in a public place;
  3. The EO shall make arrangements with the local government unit through the local DILG for the use of its government transportation facilities;
  4. There shall be satellite registration and validation of registration records of detainees in detention centers starting January 12, 2012 in accordance with Resolution No. 9012 promulgated on August 4, 2010 except Section 3 thereof; and
  5. There shall be no extra/additional cost to the Commission in the establishment of satellite registration.
  • The EO shall ensure that the local database is backed-up before conducting the satellite registration.

Sec.  4. Procedure in case of Defective Voter Registration Machine (VRM) and/or its Peripherals. -
      a. In case the VRM and/or its peripherals become defective during the registration period, the accomplished application forms shall be accepted with the condition that the applicants shall return for the taking/capturing of their BIOMETRICS.  For this purpose, the applicant shall be given until the last registration day for the quarter in which he applied, to have his BIOMETRICS captured.
      b. In this case, the EO through the PES/RED (for NCR) upon certification by the CVL technician shall inform immediately the Information Technology Department (ITD) and Election and Barangay Affairs Department (EBAD) that the VRM and/or its peripherals are defective for immediate repair/replacement.
      c. The EO shall immediately notify in writing the concerned applicants once the VRM is functional for the taking/capturing of their BIOMETRICS data.  If the applicant fails to return despite notice in writing, his application shall be considered incomplete and deemed not filed, hence, shall not be submitted for appropriate action by the ERB.  The EO shall 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.

Sec. 5. Who may register. – Any Filipino citizen who is:
  1. At least eighteen (18) years of age;
  2. A resident of the Philippines for at least one (1) year and in the place wherein he proposes to vote, for at least six (6) months immediately preceding the election; and
  3. Not otherwise disqualified by law.
Any person, who has not reached the required voting age or period of residence on the day of registration but will possess such qualifications on or before the May 13, 2013 elections, may register as a voter not earlier than May 12, 2012.

Sec. 6.  Who are disqualified to register.  -  The following are disqualified from registering as a voter:
  1. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty;
  2. Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly-constituted government, such as, rebellion, insurrection, violation of the firearms laws, or any crime against national security unless restored to his full civil and political rights in accordance with law; and
  3. Insane or incompetent person as declared by competent authority unless subsequently declared by proper authority that such person is no longer insane or incompetent.
Any person disqualified to register under paragraphs (a) and (b) above shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence.

Sec. 7. Application Forms for Registration (CEF-1A). -  Application forms for Registration (CEF-1A) shall be available at the Office of the Election Officer free of charge, or may be downloaded from the Comelec Website, www.comelec.gov.ph, using long bond paper (preferably substance 20/70 gsm).  Sample of the Application is hereto attached as Annex “A” (CEF-1-A – Application for Registration).

Sec. 8. Procedure for filing of applications for registration:
  a)  The applicant shall personally appear before the EO, state his name and exact address, specifying the house number, name of the street, area, district, purok or sitio, and barangay where he resides, or a brief description of his residence, and present any of the following identification documents that bears applicant’s photograph and signature:
    1. Current employee’s identification card (ID), with the signature of the employer or authorized representative;
    2. Postal ID;
    3. Student’s ID or library card, signed by the school authority;
    4. Senior Citizen’s ID;
    5. Driver’s license;
    6. NBI/PNP clearance;
    7. Passport;
    8. SSS/GSIS ID;
    9. Integrated Bar of the Philippine (IBP) ID;
    10. License issued by the Professional Regulatory Commission (PRC) and;
    11. Any other valid ID.
In the absence of any of the abovementioned identification documents, the applicant may be identified under oath by any registered voter of the precinct, or by any of his relatives within the fourth civil degree of consanguinity or affinity.  No registered voter or relative shall be allowed to identify applicants more than three (3) times.
Community Tax Certificates (cedula) or certifications/ identification cards issued by barangay officials shall not be honored as valid identification documents.
If the applicant fails to establish his identity by any of the aforementioned methods/documents, he shall not be issued an application form, nor shall his pre-accomplished application form be accepted.
   b) Upon establishing the identity of the applicant, the EO shall initially screen the name of the prospective applicant for registration from the National List of Registered Voters (NLRV) and National List of Deactivated Voters (NLDV).  If found in any of the said lists, he shall not issue an application for registration but shall advise the applicant to apply  for:
  1. Transfer of registration record, if the name is found in the NLRV (another district/city/municipality); or
  2. Reactivation/transfer with reactivation of registration record, if the name is found in the NLDV.

For this purpose, the ITD shall provide all EOs with the updated soft copy of the NLRV and the NLDV.
   c) If the name does not appear in either the NLRV or NLDV, the EO shall, using the barangay precinct map, verify whether or not the address given by the applicant is located within the territorial boundary of any of the precincts within the jurisdiction of the city/municipality.
If the applicant is not a resident, the EO shall advise the applicant to proceed to the OEO of the city/municipality where he resides.
If the applicant resides within the territorial jurisdiction of the city/municipality, the EO shall:
  1. Inform the applicant of the qualifications and disqualifications for registration;
  2.  Determine the precinct where the applicant belongs by referring to the barangay precinct map.  The applicant shall be assigned temporarily to the mother precinct comprising his residence.
  3. Indicate the temporary precinct assignment of the applicant at the upper right-hand portion of the application form.The precinct assignment shall be finalized after the approval of the application.  Daughter precinct(s) shall be created to accommodate approved applicants in excess of the 200-voter per precinct limit.In case of boundary dispute, the EO shall maintain the status quo.
  4. Issue the application form to the applicant in three (3) copies
   d)  Upon receipt of the application forms, the applicant shall personally accomplish the same separately in his own handwriting and submit the accomplished application forms to the EO.  TITLES SUCH AS DATU, SULTAN, HADJI, BAI AND OTHER TITLES SHALL NOT BE ALLOWED.
   e) For an illegitimate person whose certificate of live birth does not include a middle name, the character “__” (underscore) shall be used for the middle name during the encoding of the data of the applicant.
   f) In case the applicant does not know his birth date with certainty, and the EO can reasonably ascertain that the applicant is of voting age through his physical features, and other relevant indicators such as year in college and number of children, the EO shall ask the applicant to supply a date of birth to the best of his knowledge. The EO shall then write the words “Section 8 (f) case” on top of the date of birth or anywhere on the form.  In addition, the EO shall record in his Journal the list of names of applicants who supplied their date of birth, in accordance with this provision.
      If, however, the EO cannot ascertain the applicant’s age and the applicant does not supply his birth date, the application form shall be deemed incomplete and shall not be accepted.
   g) If the applicant has a duly accomplished application form, it shall be signed and thumbmarked in the presence of the EO.   In the event that the applicant has already affixed his signature and imprinted his thumbmark in the accomplished application form, the applicant shall confirm before the EO that the same are his signature and thumbmark.
   h) Once the application form has been accomplished, the applicant shall return the same to the EO.
   i)The EO shall ensure that the application form has been filled up correctly, completely and legibly, write down the Application Form Number, return the form to the applicant, and direct him to the VRM Operator.
The Application Form Number shall consist of four parts, as follows:
First Part            -      Two (2) digit province code
Second Part      -         Two (2) digit district/city/municipal code
Third Part           -       Two (2) digit VRM Number which is 30
                                         (default)
Fourth Part         -       Seven (7) digit control code which shall start with the number following the last application form number assigned on August 13, 2010 registration.
   j) The VRM Operator, using the Voter Registration System (VRS) shall:
  1. Select File -> Registration
  2. Type the Application Number and press Enter button
  3. Select Registration from the drop down menu
  4. Encode demographics information and capture the BIOMETRICS data of the applicant
  5. Save the record
Attached are the screen shots of the registration procedure hereto designated as Annex “B”.
Thereafter the VRM Operator shall affix his initial below the space provided for the Election Officer’s name and direct the applicant to the EO.
   k) Upon receipt of the application, the EO shall:
  1. administer the oath;
     If applicant refuses to take the oath the application shall not be accepted and deemed not filed.
  1. affix  his signature in the appropriate space of the form;
  2. retain the three (3) copies; and
  3. cut the bottom portion of one copy of the application form and give it to the applicant to serve as Acknowledgment Receipt and proof of  filing of his application.

Sec. 9. Accomplishment of application form of illiterate or person with disability.  – As used in this Section, person with disability shall refer to a person who cannot by himself accomplish an application for registration.
Any illiterate or person with disability shall be assisted by the EO in the preparation of his application form, or by any member of an accredited Citizen’s arm, or a relative within the fourth civil degree of consanguinity or affinity, or if he has none present, by any person of his confidence who belongs to the same household. 
In no case shall an assistor assist more than three (3) times except the EO.  All assistors must be of voting age. 
The EO shall place the illiterate or person with disability under oath, after which the assistor shall ask the illiterate or person with disability relevant questions and record the answers given in order to accomplish properly the application form.
Once the application form is accomplished, it shall be given to the EO who shall read the accomplished form aloud to the illiterate or person with disability and ask him if the information given are true and correct.
The applicant shall, in the presence of the EO, affix his thumbmark or some other customary mark on the duly accomplished form.
The Assistor shall then accomplish in three (3) copies the Certification/Attestation, designated hereto as Annex “C”, which shall be attached to the accomplished application form.

Sec. 10.  Express Lane for Elderly, Disabled, Detainees and Pregnant Applicants. - The office of the EO shall provide during the registration period express lane and give priority/preferential treatment to persons with disabilities, elderly, detainees and pregnant applicants.

Sec. 11.
 
Procedure for filing of application for transfer of registration records from another district, city and municipality. -  a) Any registered voter who has transferred residence to another district/city/ municipality, at least six (6) months before the May 13, 2013 Elections, may apply for transfer of his/her registration records by personally appearing before the EO of his new residence.
The EO shall verify from the NLRV if the applicant’s name is included in said list.  If the applicant’s name is not included in the NLRV, the EO shall verify if the applicant’s name is included in the NLDV.
       a) If applicant’s name is included in the NLRV or NLDV -
The EO shall give the applicant three (3) copies of the prescribed application form hereto attached as Annex “D” (CEF-1B- Application for Transfer/Application for Transfer with Reactivation). The applicant shall thereafter accomplish said application form separately in three (3) copies subject to Section 8 hereof.
It is important that the EO shall check the box corresponding to the appropriate type of application. In the assignment of precinct number and Application Form Number, the EO shall follow the procedure provided in Section 8 (c) hereof.

Using the VRS, the VRM Operator shall:
  1. Select File -> Registration
  2. Type the Application Number and press Enter button
  3. Select Transfer from other City/Municipality from the drop down menu
  4. Encode demographics information and capture the BIOMETRICS data of the applicant
  5. Save the record

Attached are the screen shots of the procedure for transfer of registration records from other city/municipality hereto designated as Annex “E”.
He shall then affix his initial below the space provided for the EO’s signature in Part 2 of the application form.
The application for transfer of registration records from another city/municipality shall be subject to the requirements of notice and hearing and action of the ERB.
Once the application is approved, a Notice of Approval shall be sent to the EO of origin by registered mail.  Only a Notice of Approval, duly signed by the EO as Chairman of the ERB, reflecting the name, birth date, place of birth, current address, old precinct assignment/barangay/city of the applicant-transferee shall be sent, without need of the copy of the approved application for transfer. 
Upon receipt of the said notice, the EO of origin shall:
  1. Delete the name of the voter from the list of voters;
  2. Remove the voter’s registration record (VRR) from the corresponding precinct book of voters; and
  3. Send the said VRR to the EO of the applicant’s new residence.
The actions taken by the EO of origin shall not require ERB approval.
       a) If applicant’s name is not included in the NLRV or in the NLDV
The EO shall first require the applicant to show proof of his registration.  In this aspect, showing of a Comelec ID or a Certification from the EO of former place of registration will suffice as evidence of previous registration.  Upon such showing of proof, the EO shall issue an application for transfer.  A facsimile/photocopy of the proof shall be attached to the application.
In the absence of proof that the applicant is a registered voter, the EO shall advise the applicant to file an application for registration. The EO shall thereafter issue the prescribed application form (CEF-1A – Application for Registration) to the applicant, who shall accomplish said form in accordance with Section 8 hereof. In addition, the EO shall issue to the applicant a Certification (sample form attached as Annex “F”) stating that the applicant intended to apply for transfer but he was instead advised to apply for original registration, for want of proof that he is a registered voter of another city/municipality.
The EO and VRM Operator shall then perform the procedures stated in Section 8, Paragraphs (i) and (j) hereof
Sec. 12.  Procedure for filing of application for transfer of registration records within the same city and municipality due to change of address. – Any registered voter who has changed his address in the same city/municipality may apply for transfer of his/her registration record to the precinct book of voters of his new precinct by accomplishing CEF-1B (Application for Transfer).

The EO shall verify in his local database the record of the applicant, using the VRS program.  The EO shall use the old application form number of the applicant and direct the applicant to the VRM Operator.
     a) If the record has complete BIOMETRICS, i.e. it has photograph, fingerprints and signature, using the VRS, the VRM operator shall:
  1. Select File -> Other Application -> List of Records
  2. Type the last name, or first name and/or maternal name in the space provided and then click SEARCH button
  3. Right-click the record of the applicant in the list and select TRANSFER from the list of application type
  4. Edit the address and precinct number
  5. Save the record
Attached are the screen shots of the procedure for transfer within the same city/municipality without biometrics capture hereto designated as Annex “G”.
After the ERB approval, the place of residence and precinct number of the applicant’s records shall be changed to his current address and precinct assignment.
     b) If the record has incomplete BIOMETRICS, i.e. any of the BIOMETRICS is not present, using the VRS, the VRM operator shall:
  1. Select File -> Others-> List of Records
  2. Type the last name, or first name and/or maternal name in the space provided and click SEARCH button
  3. Right-click in the record of the applicant and select TRANSFER WITH BIOMETRICS CAPTURE from the list of application type
  4. Edit the address and precinct number
  5. Capture the BIOMETRICS information of the applicant
  6. Save the record
Attached are the screen shots of the procedure for transfer of registration records within the same city/municipality with biometrics capture hereto designated as Annex “H”.
After the ERB approval, the place of residence and precinct number of the applicant’s record shall be changed to his current address and precinct assignment and the BIOMETRICS will be included in his record.
Sec. 13. Procedure for filing of applications for reactivation. – Any registered voter whose registration has been deactivated based on any of the grounds provided under Section 27 of Republic Act No. 8189 and those deactivated in the last continuing registration of voters may apply for reactivation of his registration records by personally accomplishing in three (3) copies, both sides of the prescribed application form hereto attached as Annex “I” (CEF-1C – Application for Reactivation).
The EO shall verify in his local database the record of the applicant, using the VRS program.  The EO shall use the old application form number of the applicant and direct the applicant to the VRM Operator.
     a) If the record has complete BIOMETRICS, i.e. it has photograph, fingerprints and signature, using the VRS, the VRM operator shall:
  1. Select File -> Other Application-> List of Records
  2. Type the last name and/or first name and/or maternal name in the space provided and click SEARCH button
  3. Right-click the record of the applicant and select REACTIVATION from the list of application type
  4. Save the record
Attached are the screen shots of the reactivation procedure without biometrics capture hereto designated as Annex
J”.
After the ERB approval, the applicant’s record shall be reactivated in the city/municipality local database.
     b) If the record has incomplete BIOMETRICS, i.e. any of the BIOMETRICS is not present, using the VRS, the VRM operator shall:
  1. Select File -> Other Application-> List of Records
  2. Type the last name and/or first name and/or maternal name in the space provided and click SEARCH button
  3. Right-click the record of the applicant and click REACTIVATION WITH BIOMETRICS CAPTURE from the list of application type
  4. Capture the BIOMETRICS information of the applicant
  5. Save the record
Attached are the screen shots of the procedure for reactivation with biometrics capture hereto designated as Annex “K”.
After the ERB approval, the old record of the applicant shall contain BIOMETRICS data and shall be reactivated.
After completion thereof, the EO shall cut the bottom portion of one copy of the application form and give it to the applicant to serve as Acknowledgment Receipt and proof of filing his application.
Sec. 14.  Procedure for filing of applications for change of name by reason of marriage, or court order or order by the Civil Registrar or Consul General. - Any registered voter whose name has been changed by reason of marriage or court order or by order of the Civil Registrar or Consul General may file an application for change of name by personally accomplishing three (3) copies of the application form hereto attached as Annex “L” (CEF-1D – Application for Change).   It is important that the EO shall check the box corresponding to the appropriate type of application.
 In support of the application, the applicant shall submit a certification by the marriage solemnizing officer (for Muslims) or a certified true copy of the marriage contract or court order, or order by the Civil Registrar or Consul General, as the case may be.
This may also be availed of in cases where the marriage of a female registered voter has been annulled or declared a nullity by competent court, in which case, the affected voter who previously registered using her husband’s surname, may request to change her name, i.e. to revert to use of her maiden surname and change of signature.  To support her request, the applicant shall attach a certified true copy of the Court’s final ORDER/DECISION, annulling the marriage or declaring the marriage a nullity.
The EO shall verify in his local database the record of the applicant, using the VRS program.  The EO shall use the old application form number of the applicant and direct the applicant to the VRM Operator. Using the VRS, the VRM Operator shall:
  1. Select File -> Other Application -> List of Records
  2. Type the last name and/or first name and/or maternal name in the space provided and then click SEARCH button
  3. Right-click the record of the applicant and select CORRECTION OF ENTRIES from the list of application type
  4. Edit the entries for correction
  5. Save the record
Attached are the screen shots of the procedure for correction of entries hereto designated as Annex “M”.
After the ERB approval, the change of name requested shall be effected.
Sec. 15 Procedure for filing of applications for correction of entry/entries in the registration records. –  A registered voter whose registration record in the precinct book of voters or certified list of voters contains erroneous entries, including wrong or misspelled name, birth date, birth place or typographical errors, may request for its correction.  In support thereof, he shall attach thereto the court order (birth date) or an order of the Civil Registrar (name), or any evidence that may warrant its correction.
The registered voter shall file an application for correction of entry/entries in the registration record by personally accomplishing three (3) copies of the application form hereto attached Annex “L” (CEF-1D – Application for Correction of Entries).  After completion thereof, the EO shall retain the same, cut the bottom portion of one copy of the application form and give it to the applicant to serve as Acknowledgment Receipt and proof of filing his application. It is important that the EO shall check the box corresponding to the appropriate type of application.
            The EO shall verify in his local database the record of the applicant, using the VRS program.  The EO shall use the old application form number of the applicant and direct the applicant to the VRM Operator.  Using the VRS, the VRM Operator shall:
  1. Select File -> Other Application -> List of Records
  2. Type the last name and/or first name and/or maternal name in the space provided and click SEARCH button
  3. Right-click the record of the applicant in the list then select CORRECTION OF ENTRIES WITH BIOMETRICS CAPTURE
  4. Edit the entries for correction
  5. Save the record
Attached are the screen shots of the procedure for correction of entries with biometrics capture hereto designated as Annex “N”.
After the ERB approval, the correction of entry/entries shall be indicated in his record.
Sec. 16. Procedure for filing of applications for reinstatement of registered voter whose name has been omitted in the list of voters. – Any registered voter whose name has not been included or has been omitted in the precinct certified list of voters may file with the ERB through the Office of the Election Officer, an application for reinstatement. For this purpose, he shall personally accomplish in three (3) copies the application form hereto attached as Annex “L” (CEF-1D – Application for Change/Correction of Entries/ and Inclusion/Reinstatement of Name in the List of Voters).   It is important that the EO shall check the box corresponding to the appropriate type of application.
The EO shall verify whether the applicant has record with BIOMETRICS in the VRM.  If the verification result is in the affirmative, the EO shall use the old application form number.  However, if he has none, the EO shall issue a new application form number and direct the applicant to the VRM operator for demographics and BIOMETRICS data capture. The VRM operator shall perform the procedure for capturing demographics and BIOMETRICS as stated in Section 8 (i) hereof. Thereafter, he shall affix his initial below the space provided for the EO’s signature in Part 2 of the application form.
If it is denied or not acted upon, he may file on any date within the prescribed period herein provided with the proper Municipal Circuit, Municipal or Metropolitan Trial Court a petition for an order directing that his name be entered in the list.  He shall attach to the petition a certified copy of his registration record or identification card or the entry of his name in the certified list of voters used in the preceding election, together with proof that his application was denied or not acted upon by the ERB and that he has served notice to the ERB.
Sec. 17. Procedure for filing of applications for inclusion of registration record not included in the precinct book of voters. – Any registered voter whose registration record has not been included in the precinct book of voters may file with the ERB an application for inclusion of his record.  For this purpose, he shall personally accomplish in three (3) copies the application form hereto attached as Annex “L” (CEF-1D – Application for Change/Correction of Entries/ and Inclusion/Reinstatement of Record in the List of Voters). It is important that the EO shall check the box corresponding to the appropriate type of application.
The EO shall verify whether the applicant has record with BIOMETRICS in the VRM.  If the verification result is in the affirmative, the EO shall use the old application form number.  However, if he has none, the EO shall issue a new application form number and direct the applicant to the VRM operator for demographics and BIOMETRICS data capture.  The VRM operator shall perform the procedure for capturing demographics and BIOMETRICS as stated in Section 8 (j) hereof. Thereafter, he shall affix his initial below the space provided for the EO’s signature in Part 2 of the application form.
If it is denied or not acted upon, the voter may file on any date within the prescribed period herein provided with the proper Municipal or Metropolitan Trial Court a petition for an order directing that the voter’s registration record be included in the precinct book of voters. The voter shall attach to the petition a certified true copy of his registration record or identification card or the entry of his name in the list of voters used in the preceding election, together with proof that his application was denied or not acted upon by the ERB and that he has served notice thereof to the ERB.
Sec. 18.   Cancellation of registration records. – The ERB shall cancel the registration records of those who have died as certified by the Local Civil Registrar (LCR) on the dates scheduled for ERB hearing and remove their names from the list of voters. 
The EO shall post in the bulletin board of his office the names of those whose registration records have been cancelled due to death, furnishing copies thereof to the local heads of registered political parties, the surviving spouse, if married and father or mother, if single or if he has none, the nearest kin.

            The Local Civil Registrar shall submit each month to the EO concerned a certified list of persons who died during the previous month.  In case the deceased is not a resident of the place where he died, the Local Civil Registrar shall notify the EO of the city/municipality of the deceased’s residence as appearing in his death certificate. 
            In addition, the sworn declaration of the person authorized to perform burial rites or next of kin, who have personal knowledge of the death and identity of the deceased, shall be considered and admitted as basis for cancellation of names of deceased registered voters.
           
            The EO shall furnish copies of this list to the National Central File Division and Office of the Provincial Election Supervisor.
Sec. 19.  Deactivation of Registration. – a) The deactivation of voters registration records shall be made based on the following grounds, to wit:
  1. Those who have been sentenced by final judgment to suffer imprisonment of not less than one (1) year, such disability not having been removed by plenary pardon or amnesty. Provided, that any such person shall automatically reacquire the right to vote upon the expiration of five (5) years after service of sentence as certified by the clerk of court of the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts or the Sandiganbayan;
  2. Those who have been adjudged by final judgment of a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government, such as rebellion, sedition, violation of the firearms laws, or any crime against national security unless restored to their full civil and political rights in accordance with law; Provided, that such person shall automatically regain his right to vote upon the expiration of five (5) years after service of sentence;
  3. Those declared by competent authority to be insane or incompetent;
  4. Those who failed to vote in the two (2) successive preceding regular elections as shown in their voting records. For this purpose, regular elections do not include the Sangguniang Kabataan (SK) elections;
  5. Those ordered excluded from the list of voters by the court; and
  6. Those who have lost their Filipino citizenship.
For this purpose, the clerk of court shall furnish the EO concerned at the end of each month a certified list of persons with their addresses, who have lost their Filipino citizenship; were declared insane/incompetent; have been sentenced by final judgment to suffer imprisonment of not less than one (1) year, or have committed a crime involving disloyalty to the duly constituted government.
After deactivation of the voter’s registration record, the Board shall remove the same from the corresponding precinct book of voters. Properly marked, dated in indelible ink, enter therein the cause/s of deactivation and thereafter, place the same in the inactive file.
Sec. 20.  Challenge of right to register.  -  Any person applying for registration may be challenged in writing and under oath before the ERB  by any voter or representative of a registered political party in accordance with the schedule provided in Section  2   hereof.  The challenge shall be attached to the application form together with the proof of notice of hearing to the applicant.
Sec. 21.  Authority of EO to administer oath and issue summons. – The Election Officer is authorized to administer oath, issue subpoena duces tecum and swear in witnesses for purposes of registration. No fees shall be charged for the administration of the oath.  But fees and expenses incidental to the issuance of summons shall be paid in advance by the party in whose behalf the same was issued.
Sec. 22Notice of hearing of applications.  -  Upon receipt of the applications, the EO shall immediately set them for hearing, the notice of which shall be posted in the municipal/city bulletin board and in his office in accordance with the schedule provided in Section 2 hereof, furnishing copies thereof to the heads or representatives of registered political parties and other accredited groups or organization in the city/municipality.  Names and addresses of the applicants shall be attached to the notice.
            Each applicant will be notified of the date of the ERB hearing of his/her application by indicating the same on the Acknowledgement Receipt, with information that he/she need not appear unless required by the Board to do so.  On the date of the hearing, the EO shall receive such evidence for or against the applicant.
Sec. 23.  Approval or disapproval of applications. -  The ERB of the district/city/municipality shall conduct hearing and process all applications and, by majority vote, approve or disapprove the same in accordance with the schedule provided in Section 2 hereof.   Should one day be insufficient for the processing of all accepted applications, the ERB shall meet daily until all applications shall have been processed, but not beyond five (5) days, and subject to the following guidelines: 

Number of Applications
Number of day(s)
ERB Hearing
Less 1,000
One (1)
1,000 up to 2,000
Two (2)
2,001 up to 3,000
Three (3)
3,001 up to 4,000
Four (4)
Above 4,000
Five (5)

If the ERB disapproves the application, the applicant shall be furnished with a certificate of disapproval stating the ground(s) therefor.
After meeting, the ERB shall prepare in Six (6) copies the Minutes of the Proceedings which shall include, among others, the following:
  1. Number of applications submitted to the Board for consideration;
  2. List of applicants whose application for registration/transfer (within and from outside)/deactivation/correction of entries/ change of name/reactivation/inclusion/reinstatement of record, was approved or disapproved by the Board indicating the application number opposite their names.
The EO concerned shall, within five (5) days from the last day of hearing of the ERB, distribute copies of the Minutes to the following:
  1. Two (2) copies to the Office of the Provincial Election Supervisor (OPES), which shall retain one copy and send the other copy to the Registration Division, EBAD;
  2. One (1) copy each to the representatives of the Dominant Majority Party and the Dominant Minority Party;
  3. One (1) copy shall be posted in the Bulletin Board of his Office; and
  4. Retain copy for his file.
Failure to comply with the requirements of the two (2) preceding paragraphs shall be ground for disciplinary action and withholding of benefits granted by the Commission.
Sec.  24.  Publication of Action on Application. – Immediately within five (5) days from approval or disapproval of applications, the ERB shall post a notice in the bulletin boards of the municipal/city hall and in the office of the EO, stating the names and addresses of the applicants, the dates of the applications and the actions taken thereon. The EO shall serve a copy of the notice either personally or by registered mail or special delivery, to the local heads or representatives of registered political parties in the city/municipality.
           
Sec.  25.   Petition for Inclusion of Voters in the List. – Any person whose application for registration has been disapproved by the ERB 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 but not later than January 28, 2013.  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.
If the decision is for the inclusion of the voters’ name in the permanent list of voters, the ERB 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. 
Sec.  26.   Petition for Exclusion of Voters from the List. – Any registered voter, representative of a political party or the EO, 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 but not later than February 1, 2013.       The petition shall be accompanied by proof of notice to the ERB 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’s name from the list, the ERB 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 place the record in the inactive file. 
ARTICLE II
VALIDATION
Sec. 27. Who will undergo Validation. -   Registered voters whose registration records appearing in the VRM have no BIOMETRICS data shall undergo the capturing of their biometrics.  The taking/capturing of BIOMETRICS data shall be made at the Office of the EO/satellite office of the place where the voter is registered and in accordance with the provisions of Sections 2 and 3 hereof.
Sec. 28.  Generation, Printing and Posting of Lists of Voters without BIOMETRICS.  -  The EO in each district/city/municipality shall, using the VRS program, generate and print the lists of registered voters without BIOMETRICS data by precinct. 
Posting of the said lists shall be made in the bulletin boards of the district/city/municipality/barangay, Office of the EO and in three (3) other conspicuous places within the locality.
Sec.  29.  Procedure for Validation. 
    a) The voter-applicant shall personally appear before Office of the EO/satellite office. 
    b) Based on the list of voters without BIOMETRICS, the EO shall conduct initial interview on the personal circumstances and in order to establish the identity of the voter, shall require him to present any of the documents mentioned in Sec. 8.
    c) If the identity of the voter is established, the EO shall verify in the database the record of the applicant whether he has no BIOMETRICS data.  If he has none indicate in the logbook the time and date, his name and VRR number and direct him to the VRM Operator.
The VRM Operator shall:
  1. Select File -> Other Application -> List of Records
  2. Type the last name and/or first name and/or maternal name in the space provided and click SEARCH button
  3. Right-click in the record of the applicant and select VALIDATION from the list of application type
  4. Click on the BIOMETRICS tab
  5. Capture the photo, signature and fingerprint of the applicant
  6. Save the record
Attached are the screen shots of the validation procedure hereto designated as Annex “O”.
      d) Then the applicant shall be directed to affix his signature in the logbook.
ARTICLE III
COMMON PROCEDURES
Sec.  30.  Disposition of applications for registration, transfer of registration records, reactivation, inclusion/reinstatement or record, change of name, correction of entry/entries and the compact discs (VRS).  - 
   a) On a daily basis, the EO shall:
  1. Gather all accomplished application forms and compact discs (CDs) from the VRM Operator.
  2. Compile all accomplished forms per barangay and by precinct, arrange the application forms alphabetically by surname;
  3. Generate a list of those who applied for registration or transfer of registration for the day, and other applications using the VRS Program.  Said list shall be posted in the bulletin board of the city/municipality and in the Office of the Election Officer.
  4. Prepare a report regarding the occurrence of any untoward incident during the day and action taken thereon.  For this purpose, each EO shall indicate in his journal any important occurrence and incident during the registration days; and
  5. Store the application forms, CDs, other forms and supplies in a safe and secure place.  CDs that are not yet full or not have been finalized shall be used in the succeeding registration day.
   b)  At the end of the registration quarter, the EO shall:
  1. Generate Statistical Report on the number of applicants per application type.
  2. Submit to the ERB all applications received including the list of applicants and Statistical Report for action.
  3. Segregate all approved applications as follows:
    1. The first copy shall remain with the Election Officer;
    2. The second copy together with the Minutes of the Proceedings to the OPES; and
    3. The third copy to the National Central File Division.
All disapproved applications shall remain in the custody of the Election Officer. 
     4. Finalize CD and back-up file document.mdb or comelec.(myi, myd and frm). The back-up of the document.mdb or comelec.(myi, myd and frm) shall contain only records approved by the ERB.
     5. Execute the CONSOLIDATION function.
     6. Extract records of all approved applications filed during the registration quarter.
     7. Transmit electronically the extracted records to ITD within five (5) days after each ERB hearing.
Sec.  31.   Role of the Regional Election Director (RED), Assistant Regional Election Director (ARED) and Provincial Election Supervisor (PES). – The RED, ARED and PES shall ensure compliance of the EO’s timely submission of all the required reports and shall be held directly responsible for non-compliance within the period herein provided.
Sec.  32.    Off-site Verification Teams.  - Upon authority of the Commission, EBAD and ITD, may deploy personnel to check and gather the following reports:
  1. Consolidated Quarterly Progress Report;
  2. Project of Precincts for the May 13, 2013 National and Local Elections;
  3. List of applicants whose applications were approved or disapproved by the ERB, indicating the application number opposite their names;
  4. Report on the number of deleted double/multiple registrants based on AFIS results; and
  5. SNPDAT or soft copy of the voters’ database.
Sec.  33.   Applicability of other Resolutions of the Commission. – The provisions of Resolution No. 2904 (Rules and Regulations Governing the General Registration of Voters and the System of Continuing Registration of Voters Thereafter) and other Resolutions of the Commission insofar as applicable and when not inconsistent herewith, shall apply in the registration of voters.
Sec. 34.   Effectivity. – This Resolution shall take effect seven (7) days after publication in two (2) daily newspapers of general circulation in the Philippines. The Education and Information Department (EID) is hereby directed to cause the publication and widest dissemination of this Resolution.
Let the Office of the Executive Director implement this Resolution.
SO ORDERED.

(Sgd.) SIXTO S. BRILLANTES, JR.
Chairman
(Sgd.) RENE V. SARMIENTO
Commissioner
(Sgd.) LUCENITO N. TAGLE
Commissioner
(Sgd.) ARMANDO C. VELASCO
Commissioner
(Sgd.) ELIAS R. YUSOPH
Commissioner


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