Resolution No. 9863

WHEREAS, the Commission on Elections (Commission) promulgated on February 19, 2014 Resolution No. 9853 entitled "RULES AND REGULATIONS ON THE RESUMPTION OF THE SYSTEM OF CONTINUING REGISTRATION OF VOTERS, VALIDATION AND UPDATING OF REGISTRATION RECORDS FOR THE MAY 9, 2016 SYNCHRONIZED NATIONAL, LOCAL AND ARMM REGIONAL ELECTIONS AND OTHER REGISTRATION POLICIES";

WHEREAS, in Section 28 of Resolution 9853, it is provided that:

"xxx"

"A verified petition for disqualification may be filed against any member of the Board not later than ten (10) days from July 21, 2014 (first day of Board hearing) to the PES and in case of NCR and Zamboanga City, to the RED. The petition must be accompanied by proof of service to the challenged member of the Board. Absence of proof of service is a ground for outright dismissal. The challenge member may file his/her answer within three (3) days from the receipt of the copy of the petition. With or without the answer, the PES/RED must resolve the petition not later than three (3) days from July 21, 2014."

"xxx"

WHEREAS, in Section 38 of said Resolution 9853, it is provided that:

"xxx"

"Individual written notices shall be served by registered mail with return card to the voters concerned using the address indicated in the VRRs."

"xxx"

WHEREAS, there is a need to clarify the reckoning period from which the petition for disqualification against any member of the Board may filed;

WHEREAS, there are municipalities nationwide without postal office services and there is a need to provide alternative mode of service of notices to the concerned voters subject of validation process in areas without postal services;

WHEREAS, there is also a need to incorporate in Resolution No. 9853 the provision for deactivation of Voter's Registration Records (VRRs) pursuant to Section 27 of Republic Act 8199 and Section 8 of Resolution No. 9721 implementing Republic Act 10367;

NOW THEREFORE, the Commission RESOLVED, as it hereby RESOLVES, the following:

1. To amend second paragraph of Section 28 and insert a paragraph on alternative mode of service of notice in Section 38 of Resolution no. 9853, to wit:
   1. Section 28 of Resolution 9853 to read as follows:
      
      "Sec. 28. Disqualification. - No member of the Board shall be related to each other or to any incumbent city or municipality elective official within the fourth civil degree of consanguinity or affinity.
      
      "A verified petition for disqualification may be filed against any member of the Board not later than ten (10) days before July 21, 2014 (first days of Board hearing) to the PES and in case of NCR and Zamboanga City, the RED. The petition must be accompanied by proof of service to the challenged member of the Board. Absence of proof of service is a ground for outright dismissal. The challenged member may file his/her answer within three (3) days from the receipt of the copy of the petition. With or without the answer, the PES/RED must resolve the petition not later than three (3) days from July 21, 2014.
      
      "No petition for disqualification shall be entertained in the succeeding quarterly Board hearings, unless there is substitution of member or supervening event that would re-open the issue on qualification. The same periods shall be observed for subsequent petitions for disqualification. In case where the disqualification is apparent the PES/RED for the NCR shall motu proprio effect the substitution."
   2. Section 38 of Resolution 9853 to read as follows:
      
      "Validation. - Validation is the process of completing the data of registered voters who have no biometrics data or with incomplete biometrics data by capturing the same in the VRS.
      
      The EO shall generate and print the list of registered voters with no biometrics data or with incomplete biometrics data by precinct.
      
      Said list shall be posted in the bulletin boards of the district/city/municipal/barangay halls, and the OEO and in three (3) other conspicuous places with the locality.
      
      Individual writer notices shall be served by registered mail with return card to the voters concerned using the address indicated in the VRRs.
      
      In areas where there are no post offices, additional posting of notices shall be made in two (2) other conspicuous places in the barangay. For this purpose, a certification from the Punong Barangay or Barangay Secretary shall be secured stating that posting of said list in the concerned barangay was made.
      
      "xxx"
2. Guidelines on deactivation of registration The Offices of the Election Officers (OEOs) shall:
   1. Not later than April 15, 2014, update the voting history of the voters in the Voters Registration System (VRS) based on the Election Day Computerized Voters Lists (EDCVLs) used in the last two (2) preceding successive regular elections. In the event that the EDCVLs are in the custody of the court due to election protest cases and updating the voting history cannot be undertaken, the Election Officer shall file the corresponding pleadings with the proper court for its retrieval. Provincial Election Supervisors/Regional Election Director in case of NCR shall assist Election Officers who are non-lawyers in the preparation of the appropriate pleadings;
   2. Secure from the Clerk of Court at the end of each month a certified list of persons with addresses, who have been sentenced by final judgment to suffer imprisonment of not less than one (1) year, or have committed a crime involving disloyalty to the duly constituted government or were declared insane/incompetent; and those who have lost their Filipino citizenship;
   3. Generate and print by barangay a certified list of:
      1. Voters who failed to vote twice in the two (2) preceding successive regular elections; and
      2. Voters without biometrics data;
      On or before April 25, 2014, post the aforementioned certified lists in the bulletin boards of the OEO, city/municipality/barangay hall, furnish the representative of existing local political parties and citizens arm of the Commission. Personal notice by registered mail shall be sent to the voters concerned.
      
      In areas where there are no post offices, additional posting of notices shall be made in two (2) other conspicuous places in the barangay. For this purpose, a certification from the Punong Barangay or Barangay Secretary shall be secured stating that the posting of the said list in the concerned barangay was made.
      
      Generate and print on or before July 27, 2015, the list of remaining voters without biometrics data and send the corresponding final notices as herein provided, with a warning that their registration records will be deactivated if they fail to appear for validation on or before October 31, 2015.
   4. After October 31, 2015, generate and print a list of voters without biometrics data and submit the same to the Election Registration Board for deactivation during the November 16, 2015 ERB hearing.
   In the event that a voter who failed to vote in two (2) successive preceding regular election appears at the office of Election Officer before his registration record is deactivated, he shall be required to fill up the application for reactivation of registration records. The EO shall annotate thereof the word "Updated pursuant to Resolution No. 9863." Indicate the date and affix his signature. In case the record of the voter has no biometrics data, he shall undergo validation. His registration records shall no longer be submitted to the ERB for deactivation. Accordingly, the database shall be updated by selecting "null" in both previous and current voting history.

2. The Election Registration Board (Boards) shall:
   1. Deactivate the VRRs based on the following grounds:
      1. Those who have been sentenced by final judgment to suffer imprisonment of not less than (1) year, such disability not having been removed by plenary pardon or amnesty. Provided, that any such person shall automatically reacquire the right to vote upon the expiration of five (5) years after service of sentence as certified by the clerk of court of the Municipal/Municipal Circuit/Metropolitan/Regional Trial Court or the Sandiganbayan.
      2. Those who have been adjudged by final judgment of a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government, such as rebellion, sedition, violation of the firearm laws, or any crime against national security unless restored to their full civil and political rights in accordance with law; Provided, that such person shall automatically regain his right to vote upon the expiration of five (5) years after service of sentence.
      3. Those declared by competent authority to be insane or incompetent.
      4. Those who failed to vote in the two (2) successive preceding regular elections as shown in their voting records. For this purpose, regular elections do not include the Sangguniang Kabataan (SK) elections.
      5. Those ordered excluded from the list of voters by the court.
      6. Those who have lost their Filipino citizenship.
      7. Those who failed to submit for validation despite notice on or before October 31, 2015. Deactivation for cases falling under this ground shall be made during the November 16, 2015 Board hearing.
         
         In case falling under paragraphs (1), (2), (3), (5), and (6), deactivation of VRRs shall be made by the ERBs during the period when the ground therefore arises. However, in cases falling under paragraph [4] (failure to vote twice), deactivation shall be completed with the first three (3) ERB hearings starting July 21, 2013. Unless provided by the Commission, no deactivation shall be effected thereafter to give the deactivated voters enough time to apply for reactivation.
   2. Remove the deactivated VRRs from the corresponding precinct book of voters and place the same in the inactive file, properly marked and dated in indelible ink after entering therein the cause/s of deactivation.

Cases/situation not covered by this Resolution or by Resolution No. 9853 shall be referred to the Election and Barangay Affairs Department for proper disposition.

Let the Election and Barangay Affairs Department and Information Technology Department implement this Resolution.

SO ORDERED.