Article 20p. 20

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

order

may request the board of election inspectors

during any of its meetings held under this Article that his

registration in the list be recorded under his or her new

name.

Section 142. Petition for exclusion of voters from the

list. — Any registered voter in a city or municipality may

apply at any time except during the period beginning

with the twenty-first day after the last registration day of

any election up to and including election day with the

proper municipal or metropolitan trial court, for the

exclusion of a voter from the list, giving the name and

residence of the latter, the precinct in which he is

registered,

and

the

grounds

for

the challenge. The

petition shall be sworn to and accompanied by proof of

notice to the board of election inspectors concerned, if

the same is duly constituted, and to the challenged

voters.

Section

143.

Common

rules

governing

judicial

proceedings in the matter of inclusion, exclusion, and

correction of names of voters.

(a) Outside of regular office hours no petition for

inclusion, exclusion, or correction of names of voters shall

be received.

(b) Notices to the members of the board of election

inspectors and to challenged voters shall state the place,

day and hour in which such petition shall be heard, and

such notice may be made by sending a copy thereof by

registered mail or by personal delivery or by leaving it in

the possession of a person of sufficient discretion in the

residence of the said person or, in the event that the

foregoing procedure is not practicable, by posting a copy

in a conspicuous place in the city hall or municipal

building and in two other conspicuous places within the

city or municipality, at least ten days prior to the day set

for the hearing.

In the interest of justice and to afford the challenged

voter

every

opportunity

to

contest

the

petition

for

exclusion, the court concerned may, when the challenged

voter fails to appear in the first day set for the hearing,

order that notice be effected in such manner and within

such period of time as it may decide, which time shall in

no case be more than ten days from the day the

respondent is first found in default.

(c) Each petition shall refer to only one precinct.

(d) No costs shall be assessed in these proceedings.

However,

if

the

court

should

be

satisfied

that the

application

has

been

filed

for

the

sole

purpose of

molesting the adverse party and causing him to incur

expenses, it may condemn the culpable party to pay the

costs and incidental expenses.

(e) Any candidate who may be affected by the

proceedings may intervene and present his evidence.

(f) The decision shall be based on the evidence

presented. 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 registered

voter is fictitious. In no case shall a decision be rendered

upon a stipulation of facts.

(g) These applications shall be heard and decided

without delay. The decision shall be rendered within six

hours after the hearing and within ten days from the date

of its filing in court. Cases appealed to the regional trial

court shall be decided within ten days from receipt of the

appeal in the office of the clerk of court. In any case, the

court shall decide these petitions not later than the day

before the election and the decision rendered thereon

shall

be

immediately

final

and

executory,

notwithstanding the provisions of Section 138 on the

finality of decisions.

Section 144. Canvass to check registration. — The

election registrar shall, once every two years or more

often should the Commission deem it necessary in order

to preserve the integrity of the permanent lists of voters,

conduct verification by mail or house-to-house canvass,

or both, of the registered voters of any barangay for

purposes of exclusion proceedings.

Section 145. Annulment of permanent lists of voters.

— Any book of voters not prepared in accordance with

the provisions of this Code or the preparation of which

has

been

effected

with

fraud,

bribery,

forgery,

impersonation, intimidation, force, or any other similar

irregularity or which list is statistically improbable may,

upon verified petition of any voter or election registrar, or

duly

registered

political

party, and after notice and

hearing, be annulled by the Commission: Provided, That

no order, ruling or decision annulling a book of voters

shall be executed within sixty days before an election.

Section 146. Reconstitution of lost or destroyed

registration

records.

—

The

Commission

shall

reconstitute all registration records which have been lost

or destroyed. For this purpose, it shall be the duty of the

election

registrar

to

immediately

report

to

the

Commission any case of loss or destruction of approved

applications

for

registration

in

their

custody.

Such

reconstitution

shall

be

made

with

the

use

of

the

corresponding copies in the national or provincial central

files of registered voters: Provided, That if this is not

feasible,

the

registered

voter

concerned

may

be

summoned

by

the

election

registrar to effect such

reconstitution

by

accomplishing

a

new

application.

Reconstituted forms shall be clearly marked with the

word "reconstituted".

The reconstitution of any lost or destroyed application

for registration shall not affect the criminal liability of any

person or persons who may be responsible for such loss

or destruction.

Section 147. Examination of registration records. —

All registration records in the possession of the city or

municipal

election

registrar,

the

provincial

election

supervisor, and the Commission shall, during regular

office hours, be open to examination by the public with

legitimate inquiries for purposes of election.

Law

enforcement

agencies

shall,

upon

prior

authorization by the Commission, have access to said

registration records should the same be necessary to, or

in aid of, their investigative functions and duties, subject

to regulations promulgated by the Commission.

Section 148. List of voters. — Fifteen days before the

date

of

the

regular

election

or

special

election,

referendum or plebiscite, the board of election inspectors

must post the final list of voters in each precinct with

each and every page thereof duly signed or subscribed

and sworn to by the members of the board of election

inspectors and that failure to comply with this provision

will constitute an election offense.

Any candidate or authorized representative of an

accredited political party, upon formal request made to

an election registrar, shall be entitled to a certified copy of

the most recent list of voters in any precinct, municipality,

city or province, upon payment of a reasonable fee as

may be prescribed by the Commission.

ARTICLE XIII PRECINCTS AND POLLING

PLACES

Section 149. Precincts and their establishment. —

The unit of territory for the purpose of voting is the

election precinct, and every barangay as of the approval

of this Act shall have at least one such precinct.

The Commission shall establish all election precincts.

The precincts actually established in the preceding

regular election shall be maintained, but the Commission

may

introduce

such

adjustments,

changes

or

new

divisions or abolish them, if necessary: Provided, however,

That the territory comprising an election precinct shall

not be altered or a new precinct established within

forty-five days before a regular election and thirty days

before a special election or a referendum or plebiscite.

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