Article 64p. 64

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

or

municipalities.

Decisions

of

the

Municipal

or

Metropolitan

Trial

Courts

may

be

appealed

by

the

aggrieved party to the Regional Trial Court within five (5)

days from receipt of notice thereof. Otherwise, said

decision shall become final and executory. The regional

trial court shall decide the appeal within ten (10) days

from the time it is received and the decision shall

immediately become final and executory. No motion for

reconsideration shall be entertained.

Section 34. Petition for Inclusion of Voters in the

List. Any person whose application for registration has

been disapproved by the Board 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 except one hundred five

(105) days prior to a regular election or seventy-five (75)

days prior to a special election. It shall be supported by a

certificate of disapproval of his application and proof of

service of notice of his petition upon the Board. The

petition shall be decided within fifteen (15) days after its

filing.

If the decision is for the inclusion of voters in the

permanent

list

of voters, the Board 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.

Section 35. Petition for Exclusion of Voters from

the

List.

Any

registered

voters,

representative

of

a

political party or the Election Officer, 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 except

one hundred (100) days prior to a regular election or

sixty-five (65) days before a special election. The petition

shall be accompanied by proof of notice to the Board 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 from

the list, the Board 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 thereafter place the record in the inactive

file.

Section 36. Verification of Registered Voters . The

Election officer shall, in order to preserve the integrity of

the permanent list of voters, file exclusion proceedings

when necessary, and verify the list of the registered voters

of any precinct by regular mail or house to house canvass.

The

Commission

may

enlist

the

help

of

representatives

of

political

parties

and

deputize

non-government

organizations

(NGOs),

civic

organizations and barangay officials to assist in the

verification and house to house canvass of registered

voters in every precinct.

Section 37. Voter Excluded Through Inadvertence or

Registered with an Erroneous or Misspelled name. —

Any registered voter who has not been included in the

precinct certified list of voters or who has been included

therein with a wrong or misspelled name may file with

the Board an application for reinstatement or correction

of name. If it is denied or not acted upon, he may file on

any date with the proper Municipal Circuit, Municipal or

Metropolitan Trial Court a petition for an order directing

that his name be entered or corrected 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 the proof that his application was denied or

not acted upon by the Board and that he has served

notice to the Board.

Section 38. Voters Excluded through Inadvertence

or Registered with an Erroneous or Mispelled Name. —

Any registered voter whose registration record has not

been included in the precinct book of voters, or whose

name has been omitted in the list of voters or who has

been included therein with a wrong or mispelled name

may file with the Board an application for inclusion of his

record, or reinstatement or correction of his name as the

case may be. If it is denied or not acted upon, the voter

may file on any date with the proper Municipal or

Metropolitan Trial Court a petition for an order directing

that the voter’s name be entered or corrected in the list.

The voters 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 Board

and that he has served notice thereof to the Board.

Section 39. Annulment at Book of Voters. The

Commission shall, upon verified petition of any voter or

election officer or duly registered political party, and after

notice and hearing, annul any book of voters that is not

prepared in accordance with the provisions of this Act or

was

prepared

through

fraud,

bribery,

forgery,

impersonation,

intimidation,

force

or

any

similar

irregularity, or which contains data that are statistically

improbable. No order, ruling or decision annulling a book

of voters shall be executed within ninety (90) days before

an election.

Section 40. Reconstitution of Lost or Destroyed

Registration Records. The Commission shall reconstitute

all registration records which have been lost or destroyed

by using the corresponding copies of the provincial or

national central files. In case of conflict the Commission

shall determine which file shall be used for reconstitution

purposes. If this is not feasible, the Commission shall

conduct a general registration of voters in the affected

area: Provided, That there is a scheduled election before

the next scheduled general registration of voters in

accordance with the Omnibus Election Code. All such

voters shall retain their voter’s identification number.

Reconstituted forms shall be clearly marked with the

word "reconstituted."

It

shall

be

the

duty

of

the

Election

Officer to

immediately report to the Commission any case of loss or

destruction of registration record in his custody.

The

reconstitution

of

any

lost

or

destroyed

registration records shall not affect the criminal liability of

any person who is responsible for such loss or destruction.

Section 41. Examination of Registration Records.

All registration records/computerized voters list in the

possession of the Election officer, the Provincial Election

Supervisor, and the Commission in Manila shall, during

regular office hours, be open to examination by the

public for legitimate inquiries on election related matters,

free from any charge or access fee.

Law

enforcement

agencies

may,

upon

prior

authorization and subject to regulations promulgated by

the Commission, have access to said registration records

should the same be necessary to and in aid of their

investigative functions and duties.

Section

42.

Right

to

Information.

—

The

duly

authorized representative of a registered political party or

of a bona fide candidate shall have the right to inspect

and/or copy at their expense the accountable registration

forms and/or the list of registered voters in the precincts

constituting the constituency of the bonafide candidate

or at which the political party is fielding candidates. The

inspection

and

copying

shall

be

conducted

during

business hours of the Commission and shall be subject to

reasonable regulations.

Section 43. Computerization at Permanent List of

Voters. — A permanent and computerized list arranged

by precinct, city or municipality, province and region shall

be prepared by the Commission. Thereafter, another list

shall be prepared consisting of the names of the voters,

arranged alphabetically according to surnames.

The computer print-outs of the list of voters duly

certified by the Board are official documents and shall be

© Compiled by RGL

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