COMELEC Resolution No. 3419




Republic of the Philippines COMMISSION ON ELECTIONS Manila RESOLUTION NO. 3419 RULES AND REGULATIONS ON THE CONTINUING REGISTRATION OF VOTERS IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO IN CONNECTION WITH THE MAY 14, 2001 NATIONAL AND LOCAL ELECTIONS. WHEREAS, the continuing registration in the Autonomous Region in Muslim Mindanao was suspended after the May 8 & 9, 1999 general registration, the May 11, 1999 special registration and the June 21, 22 & 23, 1999 special registration of voters in selected areas in Lanao del Sur and Sulu; WHEREAS, there is a need to resume the continuing registration in the region to enable qualified voters to register and vote in the May 14, 2001 national and local elections; NOW, THEREFORE, the Commission on Elections, by the power vested in it by the Constitution, the Omnibus Election Code and other election laws, RESOLVED as it hereby resolves the following: Section 1. Date, time and place of filling of applications for registration. – Applications for registration shall be filed from December 28 to 29, 2000 during regular office hours at the Offices of the Election Officers (EO). SEC. 2. Who may register. – All qualified voters of the Autonomous Region in Muslim Mindanao (ARMM) who: will meet all the qualifications of a voter on or before May 14, 2001; were not registered as voters during the May 8 & 9, 1999 general registration and in the May 11, 1999 special registration; and did not register during the June 21, 22 & 23, 1999 special registration in Lanao del Sur and Sulu. Have not registered in any other place in the country. SEC. 3. Election Registration Board. – The Election Registration Board (ERB) in each municipality comprising the ARMM is hereby reactivated to conduct a continuing registration for qualified voters to enable them to vote in the May 14, 2001 national and local elections. SEC. 4. Voter Registration Record. – For purposes of the registration, the new VRR format approved by the Commission under Resolution No. 3325 promulgated on November 16, 2000, for use in the general registration of voters in Navotas, Capital Region and in Marawi City, Lanao Sur shall be used. SEC. 5. Power to administer oath and issue summons. – For purposes of determining the right of the applicant to be registered as a voter, the chairman of the ERB hereinafter referred to as chairman shall have the power to administer oath, issue subpoena duces tecum and swear in witnesses. The fees and expenses incidental to the attendance of a witness when required shall be paid in advance by the party in whose behalf the summons is issued. SEC. 6. Presence of the chairmen of the ERB during period for filling of applications. – The chairmen of the ERBs must be at their offices during the filling of applications for registration. The two (2) members of the ERB need not be physically present during the filling period. However, they should be present during the hearing of the applications. SEC. 7. Posting of barangay maps. – At least three (3) days before the start of the period for the filling of applications for registration, the EO shall post on the bulletin board of his office and of the city hall, the barangay maps with delineation of precinct territories, hereinafter referred to as barangay map. SEC. 8. Procedure in the filling of applications for registration. – On the first working hour of the first day for filling of applications for registration, the EO shall post an enlarged accomplished Voter Registration Record (VRR), and the barangay maps in a conspicuous place in his office for the guidance of the applicants for registration. The filling of applications for registration shall proceed as follows: The applicant for registration shall personally appear before the EO and 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 documents: Current employee’s identification Card (ID) with picture and signed by the head of office; Postal ID; Student’s ID of Library Card with picture and signed by the school authority; Senior Citizen’s ID; Driver’s License NBI/PNP Clearance with picture, and Passport. Community Tax Certificates shall not be honored. If the applicant does not possess any of the above-mentioned documents, another voter of the precinct, or any relative of the applicant within the fourth civil degree of consanguinity or affinity or any member of the ERB may identify him under oath. However, a voter cannot identify more than three (3) applicants for registration unless they are immediate members of his family. Once the identity of the applicant has been established, the EO shall, using the barangay maps and the Enumeration Lists (EL), determine whether the address given is within the territory of one of the barangays in the municipality. If the address given by the applicant is not within the territory of any barangay in the municipality, the applicant shall be instructed to proceed to the office of the EO of the municipality where he resides. If the address given is within the territory of one of the barangays in the municipality and the name of the applicant appears in the corresponding (EL), the EO shall: Determine the precinct where the applicant belongs by locating his housing unit number in the corresponding barangay map; Inform the applicant of the qualifications and disqualifications prescribed by law for a voter; Indicate the precinct number in the VRR to be given to the applicant; and Record in a logbook the name of the applicant, the serial number of the VRR and the assigned precinct number. If the address given is within the territory of one of the barangays in the municipality but the name of the applicant does not appear in the corresponding EL, the EO shall, nevertheless, proceed to process the application as provided in the immediately preceding paragraphs herein. For this purpose, the EO concerned shall prepare a list containing the names of all applicants and their respective addresses residing in the barangay of his municipality but whose names do not appear in the corresponding EL. The EO shall direct his Election Assistant (EA) to go the addresses of the persons in the list and verify whether the persons named therein are the same persons actually residing in the addresses they have given. The EO shall submit the result of the verification to his ERB at any time before the scheduled meeting where the applications of said voters would be heard. Upon receipt of the VRR, the applicant shall accomplish each copy individually in his own handwriting, inside the Office of the Election Officer. The use of carbon paper shall not be allowed. The EO shall guide the applicant on how to accomplish the VRR and ensure that all entries therein are complete, legibly written and that the: surname, given name and middle name is written without accompanying titles like Datu, Sultan, Hadji, Bai, Dr., Atty., and other similar titles; address, period of residence in the Philippines and in the municipality are stated; three specimen signatures are property affixed on each copy; and imprints of his left and right thumbprints are clearly and distinctly impressed, showing the ridges, grooves and whorls. The EO shall take the imprints. The applicant shall not be allowed to affix his thumbprints by himself. In case the applicant’s thumbprints are blurred, smudged or faint, they shall be retaken on any available space of the VRR. If the applicant refuses to have his thumbprints re-taken, the EO shall inform him that such act is a ground to invalidate his VRR. If in spite of such information, the applicant still refuses to have his thumbprints retaken, the EO shall invalidate and mark the VRR with the word "REJECTED" written diagonally across on each of the three copies, and inform the applicant that such rejection is equivalent to non-registration. The rejected VRRs shall be placed in the envelope for spoiled registration records. After accomplishing the three (3) copies of the VRR, the applicant shall submit the same to the EO who shall verify whether or not it is the same set given by comparing its serial number with the recorded serial number of the VRR earlier issued. Any VRR submitted by an applicant with a serial number different from the one issued and recorded by the EO shall be invalidated and marked with the word "REJECTED" written diagonally across the three (3) copies. Such rejected copies shall then be placed in the envelope for spoiled registration records and the applicant given another set of VRR, without prejudice to the filling of appropriate charges, if warranted. If the VRR is the same set earlier given to the applicant, the EO shall: administer the oath of the applicant, and issue the receipt showing that the latter filed an application for registration; Inform the applicant of the date, time and place of hearing of his application; Enter into the log book where the VRR number is recorded, as mentioned in c (4) hereof, the date, time and place of hearing; and Require the applicant to sign opposite his name to show that he has been duly notified. SEC. 9. Accomplishment of VRRs of illiterate or disabled applicants. – Any illiterate or disabled person who possesses all the qualifications and none of the disqualifications of voter, may be assisted in the preparation of his VRR by a relative within the fourth civil degree of consanguinity or affinity, or if he has none, by any person of his confidence who belongs to the same household, or by the EO or any member of an accredited citizens arm. All assistors must be registered voters. In no case shall an assistor assist more than three (3) times except the members of the ERB. The EO shall place the illiterate or disabled person under oath, after which the assistor shall ask him for the required information and record the same in the VRR. After the VRR has been accomplished, the assistor shall read all the information recorded therein to the applicant and ask him if the information is true and correct. The applicant shall in the present of the EO, affix his thumbmark or some other customary mark on the accomplished form. The assistor shall then accomplish the CERTIFICATION /ATTESTATION BY ASSISTOR, a sample of which is attached as Annex "A". The fact of illiteracy or disability as well as the name of the assistor shall be so indicated in the VRR of the illiterate/disabled applicant shall not be allowed to vote as such. SEC. 10. Disposition of VRRs. – At the close of office hours of each registration day, the EO shall compile all accomplished VRRs by precinct and arrange them alphabetically by surname and store them together with the unaccomplished VRR forms and other supplies and materials, in a safe and secure place in his office. SEC. 11. Spoiled VRRs. – Any VRR that is accidentally spoiled or defaced in such a way that it cannot lawfully be used shall be considered spoiled. The EO shall write the word "SPOILED" diagonally across the face of each copy. The applicant shall be given another set. No applicant shall change his VRR more than once. SEC. 12. Challenge of right to register. – Any person applying for registration may be challenged in writing and under oath before the EO by any voter or representative of a registered political party or watched seven (7) days before the hearing of the ERB. The challenge shall be attached to the applicant’s VRR. The challenge shall be filed not later than January 5, 2001. SEC. 13. Posting of notices of hearing of application, date, time and place of hearing. – Notices of the hearing indicating the challenge against an applicant concerned shall be posted on the bulleting boards in the Office of the EO and in the municipal hall, furnishing copies thereof to the heads of registered political parties in the locality and other accredited citizens arm. For this purpose, the heads of registered political parties and other accredited citizens arm shall submit to the EO the names of their authorized representative. Applications shall be heard on January 10, 2001 until terminated but not beyond January 12, 2001. The venue for the hearing of applications for registration shall be at the office of the EO during regular office hours. SEC. 14. Approval or disapproval of application. – The EO concerned shall submit to his ERB all applications filed, together with the evidence received in connection therewith. The ERB shall, by majority vote, approve or disapprove the applications. If an application is approved, the ERB shall assign the corresponding Voter’s Identification Number (VIN) in accordance with Sec. 26, of RA 8189. If the ERB disapproves the application, the applicant shall be furnished with a certificate of disapproval stating the ground therefor. In case of approval or disapproval, any aggrieved party may file a petition for exclusion or inclusion with the proper Courts. SEC. 15. Publication of action on application for registration. – Immediately after approval or disapproval of an application for registration, the ERB shall post a notice in the bulletin boards of the 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 thereof either personally or by registered mail or special delivery, to the local heads or representatives of political parties. SEC. 16. Preservation of approved, disapproved and unused VRRs. – The ERB shall compile the EO’s copy of the VRRs approved by it per precinct and arrange the same alphabetically according to surname. The same thing shall be done with the provincial and central file copies. The EO shall send all the provincial and central office copies of the approved VRRs to the Office of the Provincial Election Supervisor and to the National Central File Division (NCFD), Election Records and Statistics Department (ERSD), Comelec, Manila, respectively, within five (5) days from approval. FAILURE TO SUBMIT THE SAID VRRS WITHIN THE PERIOD REQUIRED HEREIN SHALL BE A BASIS FOR DISCIPLINARY ACTION. All unused and disapproved VRRs shall be in the custody of EO for safekeeping. SEC. 17. Submission of reports. – The EO shall, within five (5) days after the registration period, submit the following reports to the Records and Statistics Division of the Election Records and Statistics Department (ERSD), Manila; total number of registered voters, male and female; and quantity and serial number of all spoiled, rejected and unused VRRs in his possession. SEC. 18. Preparation of the computerized voters’ list. – On the basis of the approved VRRs, the regular EO shall prepare a computerized voters list (CVL) by precinct arranged alphabetically according to surname. SEC. 19. Compensation of the members of the ERB. – Each member of the ERB shall be entitled to an honorarium of two hundred pesos (200.00) for each day of actual service rendered during the hearing of the Board. No member shall be entitled to travelling expenses. SEC. 20. Posting of the CVL. – The EO shall post the CVL on February 13, 2001 on the bulletin boards in his office and in the municipal hall. SEC. 21. Period to file petitions for inclusion or exclusion. – Petitions for inclusion may be filed at any time until January 28, 2001; and petitions for exclusion of voters may be filed at any time until February 2, 2001 before the proper court. SEC. 22. Applicability of other Comelec resolutions. – The provisions of Comelec Resolution No. 2904 entitled "Rules and Regulations Governing the General Registration of Voters and the System of Continuing Registration of Voter’s Thereafter", dated 14 March 1997, and other relevant Comelec Resolutions, insofar as applicable and when not inconsistent herewith, shall apply in the registration of voters provided herein. SEC. 23. Effectivity. – This resolution shall take effect following its publication in two (2) newspapers of general circulation in the Philippines. SEC. 24. Dissemination. – The Education and Information Department shall cause the publication of this resolution in two (2) newspapers of general circulation, plan and implement an effective information campaign and furnish copies of this Resolution to the Secretary of the Department of Education, Culture and Sports, City Superintendent of Schools of the ARMM, Secretary, Department of Finance, Registrar General of the National Statistics Office, the COMELEC field offices in the ARMM and the duly accredited citizens arms of the region. Promulgated: 21 December 2000 (Sgd) HARRIET O. DEMETRIOU, Chairman (Sgd) JULIO F. DESAMITO, Commissioner (Sgd) TERESITA DY-LIACCO FLORES, Commissioner (Sgd) LUZVIMINDA G. TANCANGCO, Commissioner (Sgd) RALPH C.LANTION, Commissioner (Sgd) RUFINO S. B. JAVIER, Commissioner (Sgd) MEHOL K. SADAIN, Commissioner The Lawphil Project - Arellano Law Foundation