Minute Resolution No. 09-0621

This pertains to the Memorandum dated September 08, 2009 of EBAD Director Teopisto E. Elnas, Jr. submitting his recommendation on the deactivation of voters due to failure to vote in two (2) succeeding regular elections, with the concurring recommendation of Deputy Executive Director for Operations Bartolome J. Sinocruz, Jr. and Executive Director Jose M. Tolentino, Jr.

The Memorandum of Director Elnas states:

In Minute Resolution No. 08-1048 dated November 11, 2008, the Commission En Banc resolved 'that the ERB hearing scheduled under Minute Resolution No. 08-0927 be re-scheduled from September 29, 2008 to January 19, 2009 simulataneous with the first scheduled of ERB hearing during the resumption of continuing registration of voters, for the purpose of deleting subsequent registration/s of voters (double/multiple registrations). deactivation of registration records for those who failed to vote twice and cancellation of registration of registration records by reason of death.' (underscoring supplied). However, based on the Election Officers' Quarterly Progress Reports submitted to this Department, it has been observed that there are still field offices of the Commission which have undertaken deactivation of registration records until the July 20, 2009 Election Registration Board (ERB) hearing.

For which reason, this Department recommends that there shall be no deactivation of registration record on the ground of failure to vote in two successive preceding regular elections on the October 19, 2009 and November 16, 2009 ERB hearings. Otherwise, qualified voters will be unduly deprived of their opportunity to cast their votes for the May 10, 2010 National and Local Elections because given the time left, they will no longer have the chance to apply for reactivation of registration records.

Deactivation of registration records on the ground of failure to vote twice, except for other legal grounds, should have been done on January 19, 2009.

Respectfully submitted for your Honors' consideration."

Considering that the deactivation on the ground of failure to vote in two (2) succeeding elections should have been done during the January 19, 2009 ERB hearing, the Commission RESOLVED, as it hereby RESOLVES, to adopt the recommendation of EBAD Director Teopisto E. Elnas, Jr., as concurred in by Deputy Exectuive Director for Operations Bartolome J. Sinocruz, Jr. and Executive Director Jose M. Tolentino, Jr. that there shall be no deactivation of registration records on the ground of failure to vote in two (2) succeeding regular elections during the October 19, 2009 and November 16, 2009 ERB hearings as the voters affected will not have ample time to be given the chance to apply for reactivation.

Let the Election and Barangay Affairs Department implement this resolution and furnish a copy thereof to all the Election Officers for information/guidance.

SO ORDERED.