Article 63p. 63

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

caused/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 (5) years after service of sentence;

c) Any person declared by competent authority to be

insane or incompetent unless such disqualification has

been subsequently removed by a declaration of a proper

authority

that

such

person

is

no

longer

insane

or

incompetent;

d) Any person who did not vote in the two (2)

successive preceding regular elections as shown by their

voting records. For this purpose, regular elections do not

include the Sangguniang Kabataan (SK) elections;

e) Any person whose registration has been ordered

excluded by the Court; and

f) Any person who has lost his Filipino citizenship.

For

this

purpose,

the

clerks

of

court

for

the

Municipal/Municipal

Circuit/Metropolitan/Regional

Trial

Courts and the Sandiganbayan shall furnish the Election

Officer of the city or municipality concerned at the end of

each

month

a

certified

list

of

persons

who

are

disqualified

under

paragraph

(a)

hereof,

with

their

addresses. The Commission may request a certified list of

persons

who

have

lost

their

Filipino

Citizenship

or

declared as insane or incompetent with their addresses

from other government agencies.

The Election Officer shall post in the bulletin board of

his

office

a

certified

list

of

those

persons

whose

registration were deactivated and the reasons therefor,

and furnish copies thereof to the local heads of political

parties, the national central file, provincial file, and the

voter concerned.

Section 28. Reactivation of Registration. 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.

Section 29. Cancellation of Registration. 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.

Section

30.

Preparation

and

Posting

of

the

Certified List of Voters. The Board shall prepare and post

certified list of voters ninety (90) days before a regular

election and sixty (60) days before a special election and

furnish copies thereof to the provincial, regional and

national central files. Copies of the certified list, along

with a certified list of deactivated voters categorized by

precinct per barangay, within the same period shall

likewise be posted in the office of the Election Officer and

in the bulletin board of each city/municipal hall. Upon

payment of the fees as fixed by the Commission, the

candidates and heads of registered political parties shall

also be furnished copies thereof.

The Board shall also furnish two (2) certified copies for

said certified list of voters, along with a certified list of

deactivated voters to the Board of Election Inspectors for

posting in the polling place and for their reference on

election day.

Section 31. Sealing of Precinct Book of Voters. The

Board shall notify within fifteen (15) days before the start

of the campaign period of all registered political parties

and members of the Board of Election Inspectors to

inspect

and

verify

the

completeness

of

the

voter’s

registration records for each precinct compiled in the

book of voters.

After verification and certification by the Board of

Election Inspectors and party representatives as to the

completeness of the voters’ registration records in the

precinct book of voters, the Board shall seal the book of

voters in the presence of the former at the start of the

campaign period and take custody of the same until their

distribution

to

the

Board

of

Election

Inspectors on

election day. The Election Officer shall deliver the sealed

precinct book of voters to the chairman of the Board of

Election Inspectors when the latter secures its official

ballots and other paraphernalia for election day.

Section

32.

Common Rules Governing Judicial,

Proceedings in the Matter of Inclusion, Exclusion, and

Correction of Names of Voters.

a) Petition for inclusion, exclusion or correction of

names of voters shall be filed during office hours;

b) 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;

c) A petition shall refer only to one (1) precinct and

implead the Board as respondents;

d) 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;

e) Any voter, candidate or political party who may be

affected by the proceedings may intervene and present

his evidence;

f) 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

g) 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.

Section 33. Jurisdiction in Inclusion and Exclusion

Case. 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

© Compiled by RGL

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