Resolution No. 9475

WHEREAS, it is the policy of the Commission to establish a clean, complete, permanent, and updated list of voters through the adoption of biometrics technology (digital photograph, fingerprints and signature) using the Voter Registration Machines (VRMs) in the registration process;

WHEREAS, Joint Resolution No. 3 of the Congress of the Philippines, approved on June 11, 2012, provides for the annulment of all books of voters in the cities/municipalities in the Autonomous Region in Muslim Mindanao (ARMM) and directs the Commission on Elections (Commission) to immediately conduct a general registration of voters in said region; and

WHEREAS, in order to register all qualified voters in the ARMM within the ten (10) day registration period set on July 9 to 18, 2012, augmentation Comelec personnel from the non-ARMM regions shall man the Registration Centers (RCs) to be established for the purpose.

NOW THEREFORE, the Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Joint Resolution No. 3, Republic Act No. 8189 and other related election laws, RESOLVED, as it hereby RESOLVES, to promulgate the following rules and regulations in the conduct of General Registration of Voters in all cities and municipalities in the provinces of ARMM:

Section 1. Coverage. - All qualified voters in all cities and municipalities in the five (5) provinces comprising the ARMM shall register at the Office of the Election Officer (OEO) or at the RCs designated by the Commission. Approved applications filed between March 5, 2012 up to March 31, 2012 is hereby annulled while those filed from April 2, 2012 to June 4, 2012 shall be considered deemed not filed.

Sec. 2. Registration Centers. - The Voting Centers used in the October 25, 2010 Barangay Elections shall be established as RCs with at least one (1) VRM per RC. However, if the allocation of VRMs in a particular city/municipality is not enough to cover all its voting centers, the Election and Barangay Affairs Department (EBAD) shall evaluate and make the necessary adjustments on which barangays comprising the voting center(s) to be clustered/grouped in the RCs, taking into consideration the following guidelines:

1. The territories of the barangays to be accommodated by the RCs must be compact, contiguous and adjacent to each other;
2. The total number of registered voters in the barangays to be clustered as of April 8, 2011 Election Registration Board (ERB) Hearing, as far as practicable shall be more or less 1,700; and
3. RIDO or family feuds and other security issues.

Thereafter, any changes in the clustering/grouping of RCs shall be approved by the designated Commissioner In-Charge (CIC) for each of the five (5) provinces in ARMM.

For purposes of the conduct of general registration, notices of the name, location and area of jurisdiction of RCs shall be posted at the bulletin boards of the OEO and city/municipal hall copy furnish the local representatives of political parties and citizens arm not later than July 2, 2012.

Sec. 3. Deployment of VRMs and Personnel. - There shall be Augmentation Election Officers (AEOs)/Interviewers and VRM Operators from the Non-ARMM areas who shall be deployed in the different RCs.
In addition to the resident Election Officer (EO), the AEOs/Interviewers are hereby designated as Acting Election Officers of the city/municipality where they will be assigned.

The Commission shall deploy the required number of VRMs in the designated RCs in every city/municipality in the provinces of ARMM.

In the event that the new VRMs will not be delivered on time before the actual deployment of AEOs and VRM Operators, VRMs that will be used shall be pulled out or outsourced from non-ARMM regions.
In case the newly purchased VRMs will be delivered while registration is already going on, the AEOs shall set aside the pulled out VRMs and use the new ones. The AEO shall then configure the new VRM with his assigned city/municipality code following the steps below:

1. Click Administration > Configuration
2. In the data grid, double-click the row that you want to be changed
3. To edit configuration, change the following Configuration ID:
   Configuration ID: 1
   Configuration ID: 2
   Configuration ID: 3
   Configuration ID: 4
4. Wait for the confirmation message "DCS Configuration Successfully Edited Configuration ID: 1"

Attached is the screen shot of the configuration procedure hereto designated as Annex "A".

Sec. 4. Duties and Functions of the Resident EO, AEO and VRM Operator - The following are the duties and functions of the EO, AEO and VRM Operator:

1. Resident Election Officer:
   1. Entertains applications for registration of Barangay where the OEO is located and transfer of registration records from non-ARMM areas;
   2. Exercises over-all administrative supervision of the RCs within his jurisdiction; and
   3. Provides logistical assistance to the AEOs and VRM Operators.
   4. Performs such other functions provided under these Rules or as may be directed by the Commission thru the CIC.
2. Augmentation Election Officer:
   1. Performs the duties and functions of the EO as herein provided;
   2. Administers oaths;
   3. Addresses concerns/issues in his place of assignment and reports all incidents and problems encountered during the registration to the EO or the monitoring team;
   4. Submits to the EO the compiled accomplished application forms and back-up files; and
   5. Performs such other registration related functions as may be directed by the Commission or the CIC or the Monitoring Team Leader.
3. VRM Operator:
   1. Performs the duties and functions as herein provided; and
   2. Makes daily back-up and compile all the accomplished applications for registration.

Sec. 5. Date, time and venue of filing, hearing and approval/disapproval of application for registration and transfer of registration record. - Application for registration shall be personally filed at the OEO or in the designated RC in the city/municipality, from 8:00 o'clock a.m. to 5:00 o'clock p.m., and heard by the Election Registration Board (ERB) in accordance with the following schedule:

Application for transfer of registration record from non-ARMM to any city/municipality of ARMM shall be personally filed at the OEO only. No application for transfer of registration record from non-ARMM shall be entertained by the AEO/Interviewer at the RC. Should an applicant for transfer appear before the AEO/Interviewer, he shall be advised to proceed to the OEO to file said application.

In no case shall registration be conducted without the use of VRM. In the event the VRM malfunctions or any of the peripherals becomes defective, registration shall be suspended until such time that the same is repaired or replaced.

Sec. 6. Persons allowed inside the RC - Only the following persons shall be allowed inside the polling place:

1. EO/AEO and VRM Operators;
2. Applicants; and
3. Other persons who may be specifically authorized by the Commission.

Sec. 7. Persons not allowed to enter the RC. - Unless specifically authorized by the Commission, it is unlawful for the following to enter any RC or stay within a radius of ten (10) meters, thereof:

1. Any officer or member of the Armed Forces of the Philippines (AFP) or the Philippine National Police (PNP);
2. Any peace officer or any armed person belonging to any extra-legal police agency, special forces, reaction forces, strike forces, Civilian Armed Force Geographical Units (CAFGU), barangay tanods or other similar forces or para-military forces, including special forces, security guards, special policemen;
3. All other kinds of armed or unarmed extra-legal police forces; and
4. Any barangay official, whether elected or appointed.

However, the EO/AEO may, if it deems necessary, order the detail of a policeman or any peace officer for his protection or for the protection of the registration documents and paraphernalia. Said policeman or peace officer shall stay outside the RC near enough to be easily called by the EO/AEO at anytime. In no case shall the said policeman or peace officer hold any conversation with any applicant or disturb or prevent or in any manner obstruct the free access of the applicants to the RC.

Sec. 8. Who may register. - Any Filipino citizen residing in the cities/municipalities of ARMM may register as a voter provided that he/she is:

1. At least eighteen (18) years of age on or before May 13, 2013 Elections;
2. A resident of the Philippines for at least one (1) year and in the place wherein he proposes to vote, for at least six (6) months immediately preceding the May 13, 2013 Elections; and
3. Not otherwise disqualified by law.

Sec. 9. Who are disqualified to register. - The following are disqualified from registering as a voter:

1. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty;
2. Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly-constituted government, such as, rebellion, insurrection, violation of the firearms laws, or any crime against national security unless restored to his full civil and political rights in accordance with law; and
3. Insane or incompetent person as declared by competent authority unless subsequently declared by proper authority that such person is no longer insane or incompetent.

Any person disqualified to register under paragraphs (1) and (2) above shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence.

Sec. 10. Procedure for filing of applications for registration - The applicant shall personally appear before the EO/AEO, state his name and exact address, specifying the house number, name of the street, area, district, purok or sitio and barangay where he resides, or a brief description of his residence, and present any of the following identification documents that bear applicant's photograph and signature:

1. Current employee's identification card (ID), with the signature of the employer or authorized representative;
2. Postal ID;
3. Student's ID or library card, signed by the school authority;
4. Senior Citizen's ID;
5. Driver's license;
6. NBI/PNP clearance;
7. Passport;
8. SSS/GSIS ID;
9. Integrated Bar of the Philippine (IBP) ID;
10. License issued by the Professional Regulatory Commission (PRC) and;
11. Any other valid ID.

In the absence of any of the abovementioned identification documents, the applicant may be identified under oath by any of his relatives within the fourth civil degree of consanguinity or affinity or by any person living within the same household. No such relative or person living within the same household shall be allowed to identify more than three applicants.

Community Tax Certificates (cedula) or certifications/ identification cards issued by barangay officials shall not be honored as valid identification documents.

1. If the applicant fails to establish his identity by any of the aforementioned methods/documents, he shall not be issued an application form, nor shall his pre-accomplished application form be accepted.
2. If the identity of the applicant is established, the EO/AEO using the Project of Precinct (POP), shall verify whether or not the address given by the applicant is in one of the barangays assigned to the OEO/RC.
   
   If the applicant is not a resident of the barangay assigned to the OEO/RC, the EO/AEO shall instruct the applicant to proceed to the OEO or RC designated for the barangay where the applicant resides, as the case may be.
   
   If the applicant resides in one of the Barangay/s assigned to the OEO/RC, the EO/AEO shall:
   1. Inform the applicant of the qualifications and disqualifications for registration;
   2. Determine the precinct where the applicant belongs by referring to the POPs.The applicant shall be assigned to the precinct comprising his residence. For this purpose, the EBAD shall provide the AEO assigned in the RC with the said POPs;
   3. Indicate the precinct assignment of the applicant at the upper right portion of the application form; and
   4. Issue one (1) set of application form, Annex "B" (CEF -1A) to the applicant.
3. Upon receipt of the application form, the applicant shall personally accomplish the same in his own handwriting and submit the accomplished application form to the EO/AEO. Titles such as DATU, SULTAN, HADJI, BAI and other such titles shall not be allowed.
4. For an illegitimate person whose certificate of live birth does not include a middle name, the character "_" (underscore) shall be used or the middle name during the encoding of the data of the applicant.
5. In case the applicant does not know his date of birth with certainty, and the EO/AEO can reasonably ascertain that the applicant is of voting age through his physical features, and other relevant indicators, such as year in college, number of children, the EO/AEO shall ask the applicant to supply a date of birth to the best of his knowledge. The EO/AEO shall then write the words "Section 10 (e) case" on top of the date of birth. In addition, the EO/AEO shall list down the names of applicants who supplied their date of birth in accordance with this provision.
   
   If however, the EO/AEO cannot ascertain the applicant's age and the applicant does not supply his birth date, the application form shall be deemed incomplete and shall not be accepted.
6. If the applicant has a duly accomplished application form, it shall be signed and thumbmarked in the presence of the EO/AEO. In the event that the applicant has already affixed his signature and imprinted his thumbmark in the accomplished application form, the applicant shall confirm before the EO/AEO that the same is his signature and thumbmark.
7. The EO/AEO shall ensure that the application form has been filled up correctly, completely and legibly, write down the Application Form Number, return the forms to the applicant; and direct him to the VRM Operator.

   The Application Form Number shall consist of four parts, as follows:

   First Apart	-	Two (2) digits province code
   Second Apart	-	Two (2) digits district/city/municipal code
   Third Apart	-	Two (2) digits Station (VRM) Numbers. The station number of the VRM assigned in the OEO will be "30". The succeeding VRMs shall consecutively number beginning with "31" and so forth.
   Fourth Apart	-	Seven (7) digits control code which shall start with the number "0000001" in the application for registration.

   
   
8. The VRM Operator, using the Voter Registration System (VRS) shall:
   1. Select File -> Registration
   2. Type the Application Number and press Enter button
   3. Select Registration from the drop down menu
   4. Encode demographics information and capture the biometrics data of the applicant
   5. Save the record
      
      

      Attached are the screen shots of the registration procedure hereto designated as Annex "C".

      Thereafter the VRM Operator shall affix his initial below the space provided for the Election Officer's name and direct the applicant to submit his application to the Interviewer.

9. Upon receipt of the application, the AEO shall:
   1. administer the oath;

      If applicant refuses to take the oath the application shall not be accepted and deemed not filed.

   2. affix his signature in the appropriate space of the form;
   3. retain the three (3) copies;
   4. cut the bottom portion of one copy of the application form and give it to the applicant to serve as Acknowledgment Receipt and proof of filing of his application; and
   5. Stain the nails of both thumb of the applicant with indelible ink.
10. At the close of each registration day, the EO/AEO shall:
1. Backup compact disc by following the procedures below:
   1.1 Insert blank CD
   1.2 Click Tools > Save to CD
   1.3 Click Initialize button
   1.4 Check the checkbox beside filename
   1.5 Click Burn button
   1.6 Click on OK button
   1.7 Wait for the message "Successfully save data to disk"
   1.8 Click on Ok button
   
2. Compile the accomplished forms per barangay and by precinct, arrange the application forms alphabetically by surname and store them, together with the other forms and supplies in a safe and secure place in the OEO/RC.
3. Prepare a list of those who were registered for the day and a brief narrative regarding the occurrence of any untoward incident during the day and the action taken thereon, if any, to be submitted to the EO of the city/municipality on the day following the ten (10) day registration period.
11. On the day following the end of the filing period and not later than July 20, 2012 the EO/AEO shall:
1. Save all the MDB files to the compact discs by following the procedures below:
   1.9 Insert blank CD
   1.10 Click Tools > Save to CD
   1.11 Click Initialize button
   1.12 Check all the checkboxes beside filenames
   1.13 Click Burn button
   1.14 Click on OK button
   1.15 Wait for the message "Successfully save data to disk"
   1.16 Click on Ok button
2. Transmit all the accomplished application forms and other forms to the OEO.
12. The VRM, peripherals and generator set shall be brought from the RC to OEO in the city/municipality.

Sec. 11. Accomplishment of application forms of illiterate or persons with disability. - As used in this Section, person with disability shall refer to a person who cannot by himself accomplish an application for registration.

Any illiterate or person with disability shall be assisted by the EO/AEO in the preparation of his application form, or by any member of an accredited Citizen's arm, or a relative within the fourth civil degree of consanguinity or affinity, or if he has none present, by any person of his confidence who belongs to the same household.

In no case shall an assistor assist more than three (3) times except the EO/AEO. All assistors must be of voting age.

The EO/AEO shall place the illiterate or person with disability under oath, after which the assistor shall ask the illiterate or person with disability relevant questions and record the answers given in order to accomplish properly the application form.

Once the application form is accomplished, it shall be given to the EO/AEO who shall read the accomplished form aloud to the illiterate or person with disability and ask him if the information given are true and correct.

The applicant shall, in the presence of the EO/AEO affix his thumbmark or some other customary mark on the duly accomplished form.

The Assistor shall then accomplish in three (3) copies the Certification/Attestation, designated hereto as Annex "D", which shall be attached to the accomplished application form.

Sec. 12. Express Lane for Elderly, Persons with Disability, and Pregnant Applicants - The EO/AEO shall provide during the registration period express lane and give priority/preferential treatment to elderly, persons with disabilities, and pregnant applicants.

Sec. 13. Procedure for filing of application for transfer of registration records from another city and municipality in the non-ARMM areas to the ARMM. - The personal filing of application for transfer of any registered voter who has transferred residence to the city/ municipality in the ARMM, at least six (6) months shall be made only in the OEO of his new residence.

The EO shall verify from the National List of Registered Voters (NLRV) if the applicant's name is included in said list. If the applicant's name is not included in the NLRV, the EO shall verify if the applicant's name is included in National List of Deactivated Voters (NLDV).

1. If applicant's name is included in the NLRV or in the NLDV-

The EO shall give the applicant three (3) copies of the prescribed application form hereto attached as Annex "E" (CEF-1B- Application for Transfer/Application for Transfer with Reactivation). The applicant shall thereafter accomplish said application form separately in three (3) copies subject to Section 10 hereof.

It is important that the EO shall check the box corresponding to the appropriate type of application. In the assignment of precinct number and Application Form Number, the EO shall follow the procedure provided in Section 10 (b) hereof.

Using the VRS, the VRM Operator shall:

1. Select File -> Registration
2. Type the Application Number and press Enter button
3. Select Transfer from other city/municipality from the drop down menu
4. Encode demographics information and capture the biometrics data of the applicant
5. Save the record
   
   

   Attached are the screen shots of the procedure for transfer from other city/municipality hereto designated as Annex "F".

   He shall then affix his initial below the space provided for the EO's signatures in Part 2 of the application form.

The application for transfer of registration records to another city/municipality shall be subject to the requirements of notice and hearing and action of the ERB.

Once the application is approved, a Notice of Approval shall be sent to the EO of origin by registered mail. Only a Notice of Approval, duly signed by the EO as Chairman of the ERB, reflecting the name, birth date, place of birth, current address, old precinct assignment/barangay/city of the applicant-transferee shall be sent, without need of the copy of the approved application for transfer.

Upon receipt of the said Notice, the EO of origin shall:

1. delete the name of the voter from the list of voters;
2. remove the Voter's Registration Record (VRR) from the corresponding precinct book of voters; and
3. send the said VRR to the EO of the applicant's new residence.

The actions taken by the EO of origin shall not require an ERB approval.

2. If applicant's name is not included in the NLRV or in the NLDV

The EO shall first require the applicant to show proof of his registration. In this aspect, showing of a COMELEC ID or a Certification from the EO of former place of registration will suffice as evidence of previous registration. Upon such showing of proof, the EO shall issue an application for transfer form. A facsimile/photocopy of the proof shall be attached to the application.

In the absence of proof that the applicant is a registered voter, the EO shall advise the applicant to file an application for registration. The EO shall thereafter issue the prescribed application form (CEF-1A - Application for Registration) to the applicant, who shall accomplish said form in accordance with Section 10 hereof. In addition, the EO shall issue to the applicant a Certification (sample form attached as Annex "G") stating that the applicant intended to apply for transfer but he was instead advised to apply for original registration, for want of proof that he is a registered voter of another city/municipality.

The EO and VRM Operator shall then perform the procedures stated in Section 10 hereof.

Sec. 14. Challenge of right to register. - Any person applying for registration may be challenged in writing and under oath before the ERB by any voter or representative of a registered political party in accordance with the schedule provided in Section 5 hereof. The challenge shall be attached to the application form together with the proof of notice of hearing to the applicant.

Sec. 15. Authority of EO to administer oath and issue summons. - The EO is authorized to administer oath, issue subpoena duces tecum and swear in witnesses for purposes of registration. No fee shall be charged for the administration of the oath. But fees and expenses incidental to the issuance of summons shall be paid in advance by the party in whose behalf the same was issued.

Sec. 16. Consolidation of MDB Files and Generation/Printing of List of Applicants - After the conduct of registration, the AEO shall bring the VRM to the OEO for consolidation of the MDB files. For this purpose, the ITD will provide the application and technical procedure for the consolidation. After the consolidation, the EO shall generate and print the list of applicants. He shall also generate a list of double/multiple records.

Sec. 17. Posting of Notice of hearing of applications. - After consolidation and printing of the lists of applicants and double/multiple records, the EO shall immediately set them for hearing, the notice together with said lists shall be posted in the municipal/city bulletin board and in his office in accordance with the schedule provided in Section 5 hereof, furnishing copies thereof to the heads or representatives of registered political parties and other accredited groups or organization in the city/municipality. Names and addresses of the applicants shall be attached to the notice.

Each applicant will be notified of the date of the ERB hearing of his/her application by indicating the same on the Acknowledgement Receipt, with information that he/she need not appear unless required by the Board to do so. On the date of the hearing, the EO shall receive such evidence for or against the applicant.

Sec. 18. Approval or disapproval of applications. - The ERB of the city/municipality shall hear all the applications and, by majority vote, approve or disapprove the same in accordance with the schedule provided in Section 5 hereof. Should one day be insufficient for the processing of all accepted applications, the ERB shall meet daily until all applications shall have been processed, but not beyond five (5) days, and subject to the following guidelines:

If the ERB disapproves the application, the applicant shall be furnished with a certificate of disapproval stating the ground(s) therefor.

After meeting, the ERB shall prepare in six (6) copies the Minutes of the Proceedings which include, among others, the following:

1. Number of all applications submitted to the Board for consideration;
2. List of applicants whose application for registration/transfer from non-ARMM areas was approved or disapproved by the Board indicating the application number opposite their names.

The EO concerned shall, within five (5) days from the last day of hearing of the ERB, distribute copies of the Minutes to the following:

1. Two (2) copies to the Office of the Provincial Election Supervisor (OPES), which shall retain one copy and send the other copy to the Registration Division, EBAD;
2. One (1) copy each to the representatives of the Dominant Majority Party and the Dominant Minority Party;
3. One (1) copy shall be posted in the Bulletin Board of his Office; and
4. Retain copy for his file.

Failure to comply with the requirements of the two (2) preceding paragraphs shall be ground for disciplinary action and withholding of benefits granted by the Commission.

Sec. 19. Publication of Action on Application. - Immediately within five (5) days from approval or disapproval of applications, the ERB shall post notices in the bulletin boards of the municipal/city hall and in the OEO, stating the names and addresses of the applicants, the dates of the applications and the actions taken thereon. The EO shall serve a copy of the notice either personally or by registered mail or special delivery, to the local heads or representatives of registered political parties in the city/municipality.

Sec. 20. Submission of SNPDAT, POP, Quarterly Progress Report (QPR) and Approved Applications - Not later than August 29, 2012, the EO shall submit the SNPDAT of the approved applications, QPR, approved applications (copy for the National Central File) and Provisional POP to the PES.

The PES shall submit in bunch not later than September 1, 2012 to the ITD the SNPDAT and to the EBAD the POP and QPR and Election Records and Statistics Department (ERSD) the third copy of the approved applications.

Sec. 21. Petition for Inclusion of Voters in the List. - Any person whose application for registration has been disapproved by the ERB 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 but not later than January 28, 2013. It shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the ERB.

If the decision is for the inclusion of the voters' name in the permanent list of voters, the ERB 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.

Sec. 22. Petition for Exclusion of Voters from the List. - Any registered voter, representative of a political party or the EO, 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 but not later than February 1, 2013. The petition shall be accompanied by proof of notice to the ERB and to the challenged.

If the decision is for the exclusion of the voter's name from the list, the ERB shall upon receipt of the final decision and remove the voter's registration record from the corresponding book of voters, enter the order of exclusion therein and place the record in the inactive file.

Sec. 23. Applicability of other resolutions of the Commission. - The provisions of Res. No. 9271 (Rules and Regulations for the Resumption of the System of Continuing Registration of Voters and Validation of Registration Records in the ARMM areas dated August 12, 2011) and other Resolutions of the Commission insofar as applicable and when not inconsistent herewith, shall apply.

Sec. 24. Effectivity. - This Resolution shall take effect immediately after its publication. The Education and Information Department (EID) is hereby directed to cause the widest dissemination of this Resolution and its publication in two (2) newspapers of general circulation in the Philippines and two (2) newspapers of local circulation within the ARMM areas.

Sec. 25. Dissemination. - The Executive Director, Office of the Deputy Executive Director for Operations, EBAD and ITD are hereby directed to implement this Resolution and to furnish copies of this Resolution to the Regional Election Director of ARMM, the PESs of Basilan, Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi of ARMM.

SO ORDERED.