Article 17p. 17

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

ARTICLE XII REGISTRATION OF VOTERS

Section

113.

Permanent

List

of

Voters.

—

Any

provision of Presidential Decree No. 1896 to the contrary

notwithstanding, the list of voters prepared and used in

the election of Members of the Batasang Pambansa on

May 14, 1984, with such additions, cancellations and

corrections as may hereafter be made in accordance with

the

provisions

of

this

Code,

shall

constitute

the

permanent list of voters in each city or municipality, as

the case may be, until 1996.

For purposes of the next following election, the

Commission, through the election registrars, shall assign

the proper precincts and polling places to the registered

voters in said list. Written notice of any such change shall

be

made

to

the

affected

voters

within

two weeks

therefrom.

Section 114. Renewal of the Permanent List. — The

list of voters prepared in accordance with the preceding

section

shall

be

renewed in nineteen hundred and

ninety-six and every twelve years thereafter.

Section 115. Necessity of Registration. — In order that

a qualified elector may vote in any election, plebiscite or

referendum, he must be registered in the permanent list

of voters for the city or municipality in which he resides.

Section 116. Who may be registered in the list. — All

persons

having

complied

with the requisites herein

prescribed for the registration of voters shall be registered

in the list, provided they possess all the qualifications and

none of the disqualifications of a voter. Those who failed

to

register

in

the

election

of

1984,

for

any reason

whatsoever,

may

register

in

accordance

with

the

provisions of this Code. Any person who may not have on

the date of registration the age or period of residence

required may also be registered upon proof that on the

date of the election, plebiscite or referendum he shall

have such qualifications.

Section 117. Qualifications of a voter. — Every citizen

of the Philippines, not otherwise disqualified by law,

eighteen years of age or over, who shall have resided in

the Philippines for one year and in the city or municipality

wherein he proposes to vote for at least six months

immediately preceding the election, may be registered as

a voter.

Any person who transfers residence to 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; service in the army, navy or air force; the

constabulary or national police force; or confinement or

detention in government institutions in accordance with

law,

shall

be

deemed not to have lost his original

residence.

Section 118. Disqualifications. — The following shall

be disqualified from voting:

(a) Any person who has been sentenced by final

judgment to suffer imprisonment for not less than one

year, such disability not having been removed by plenary

pardon or granted amnesty: Provided, however, That any

person disqualified to vote under this paragraph shall

automatically reacquire the right to vote upon expiration

of five years after service of sentence.

(b) 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 laws, or any

crime against national security, unless restored to his full

civil and political rights in accordance with law: Provided,

That he shall regain his right to vote automatically upon

expiration of five years after service of sentence.

(c) Insane or incompetent persons as declared by

competent authority.

Section 119. Preparation of the permanent list of

voters. — For the preparation of the permanent list of

voters in nineteen hundred and ninety-six and every

twelve years thereafter, the board of election inspectors

referred to in Article XIV hereof of each election precinct

shall

hold

four

meetings

on

the

seventh

Saturday,

seventh

Sunday,

sixth

Saturday

and

sixth

Sunday

preceding the date of the regular election to be held. At

these meetings the board shall prepare eight copies of

the list of voters of the precinct wherein it shall register

the electors applying for registration.

Section 120. Preparation of the list before other

regular elections. — For the preparation of the list before

other regular elections, the board of election inspectors of

each election precinct shall meet in the polling place on

the seventh and sixth Saturdays before the day of the

election. At these meetings, the board shall prepare and

certify

eight

copies

of

the

list

of

voters

of

the

corresponding precinct transferring thereto the names of

the voters appearing in the list used in the preceding

election and including therein such new qualified voters

as may apply for registration, as provided in Section 126

hereof.

Section

121.

Preparation

of the list before any

special election, plebiscite or referendum. — For the

preparation of the list of voters before a special election,

plebiscite

or

referendum,

the

board

of

elections

inspectors of each election precinct shall hold a meeting

in the polling place on the second Saturday following the

day of the proclamation calling such election. At this

meeting the board shall transfer the names of the voters

appearing in the list used in the preceding election and

enter those of the newly registered voters.

Section 122. Transfer of names of voters from the

permanent list to the current one. — The transfer of the

names of the voters of the precinct already registered in

the list used in the preceding election to the list to be

made as provided for in the two preceding sections is a

ministerial duty of the board, and any omission or error in

copying shall be corrected motu proprio, or upon petition

of the interested party, without delay and in no case

beyond three days from the time such error is noticed;

and if the board should refuse, the interested party may

apply for such correction to the proper municipal or

metropolitan trial court which shall decide the case

without delay and in no case beyond three days from the

date the petition is filed. The decision of the proper

municipal or metropolitan trial court shall be final and

unappealable in whatever form or manner.

To facilitate the transfer of names of voters, the

election registrar shall deliver the book of voters to the

board of election inspectors on the day before the

registration of voters, to be returned after the last day of

registration.

Section

123.

Cancellation

and

exclusion

in the

transfer of names. — In transferring the names of the

voters of the precinct from the list used in the preceding

election to the current list, the board shall exclude those

who have applied for the cancellation of their registration,

those who have died, those who did not vote in the

immediately preceding two successive regular elections,

those who have been excluded by court orders issued in

accordance with the provisions of this Code, and those

who have been disqualified, upon motion of any member

of

the

board

or

of

any

elector

or

watcher,

upon

satisfactory proof to the board and upon summons to the

voter in cases of disqualification. The motion shall be

decided by the board without delay and in no case

beyond three days from its filing. Should the board deny

the motion, or fail to act thereon within the period herein

fixed, the interested party may apply for such exclusion to

the municipal or metropolitan trial court which shall

decide the petition without delay and in no case beyond

three days from the date the petition is filed. The decision

of the court shall be final. The poll clerk shall keep a

record of these exclusions and shall furnish three copies

thereof to the election registrar who shall, in turn keep

© Compiled by RGL

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