[ PRESIDENTIAL DECREE NO. 1099, February 25, 1977 ]
REESTABLISHING THE PERMANENT SYSTEM OF REGISTRATION OF VOTERS UNDER REPUBLIC ACT NUMBERED SIX THOUSAND THREE HUNDRED AND EIGHTY-EIGHT, PRESCRIBING THE MECHANICS THEREOF, VALIDATING THE LISTS OF VOTERS FOR USE IN THE ELECTION OF THE SANGGUNIANG PAMPOOK AND SUBSEQUENT ELECTIONS, PLEBISCITES OR REFERENDA, AND FOR OTHER SIMILAR PURPOSES
WHEREAS, the election registration boards as constituted under Republic Act Numbered 6388, otherwise known as the "Election Code of 1971," is composed of the election registrar and one representative each from the Nacionalista and Liberal parties;
WHEREAS, the existence of the election registration boards has not only become incompatible with the Constitution but has also made the process of registration more circuitous and complicated;
WHEREAS, upon the ratification of the Constitution on January 17, 1973, the continuing and permanent system of registration under Republic Act 6388 was necessarily rendered inoperative, there being no subsequent law to reconcile the provisions of the Election Code with the Constitution;
WHEREAS, in contemplation of the election of members of the Sangguniang Pampook, of the interim Batasang Pambansa, and of future elections, plebiscites and referenda, it is imperative to reestablish the continuing and permanent system of registration of voters to enable the qualified citizens to register as voters in the most convenient and least cumbersome manner;
WHEREAS, furthermore, it is necessary to update the list of voters preparatory to the election of members to the Sangguniang Pampook;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree and order the following:
SECTION 1. Reestablishment of permanent System. — The continuing and permanent system of registration of voters under Republic Act Numbered Six Thousand Three Hundred and Eighty-Eight, otherwise known as the "Election Code of 1971", is hereby reestablished and shall be governed by the provisions of said law except as herein modified.
SECTION 2. Election registration board abolished. — The election registration board as constituted under the Election Code of 1971 is hereby abolished and all its powers and functions shall henceforth pertain to the election registrar as herein provided.
SECTION 3. List of voters. — For purposes of the election of members of the Sangguniang Pampook and subsequent elections, Plebiscites and referenda, the permanent list of voters of the November 1971 elections and that part of the barangay list of voters containing the names of voters eighteen years and above in the October 1976 referendum-plebiscite shall be used. The City, municipal, or municipal district election registrar shall, with respect to those registered in accordance with the provisions of Presidential Decrees Nos. 210, as amended, 629, 629-A, 1032 and other related laws, transfer the names and personal data of barangay voters to the forms prescribed by the Commission on Elections, except those who have applied for the cancellation of their registration, those who have died, those who have been excluded by court orders, and, upon summons to the voters concerned, those who have become disqualified.
Qualified voters not otherwise included in the lists of voters as hereinabove provided shall register with the election registrar in the manner herein prescribed.
SECTION 4. Registration of voters. — Any qualified voter shall register by personally appearing before, and filing a sworn application for registration in duplicate with the election registrar of the city, municipality or municipal district wherein he is a resident on any date but not later than ten days before any election, plebiscite or referendum.
A qualified voter may file an application for registration before the election committee of the voting center nearest his residence whenever any such registration in the voting centers is provided by law.
SECTION 5. Approval or disapproval of application filed with the election registrar. — Upon receipt of the sworn application for registration, the election registrar shall approve it if he finds the applicant possessing all the qualifications and none of the disqualifications of a voter. Upon approval, the election registrar shall forthwith issue to the voter a certificate of registration.
If the application for registration is disapproved, the applicant shall be furnished with a certificate of such disapproval starting the grounds therefor.
SECTION 6. Preservation of approved applications for registration. — The original of the approved application for registration of each voter shall be compiled and incorporated alphabetically into the existing precinct book of voters.
The election registrar concerned shall send to the Commission on Elections the duplicate copy on the day following the approval of the application for registration. The copy for the Commission shall be compiled and incorporated alphabetically into the central file of registered voters.
SECTION 7. Voter's Certificate of Registration. — The certificate of registration issued to the voter as provided under section 5 hereof shall serve and be considered as document for the identification of each registered voter: Provided, however, That no voter shall be required to present his certificate of registration on election, plebiscite or referendum day if his identity be shown by other records or fingerprints in his approved application in the precinct book or if he is identified under oath by a member of the election committee or by a duly accredited watcher.
A voter previously registered in accordance with the first paragraph of Section 3 hereof shall, upon request, be issued a certificate of registration by the election registrar concerned.
No extra copy or duplicate of the certificate of registration shall be prepared and issued except upon authority of the commission.
SECTION 8. Qualifications of a voter. — Every citizen of the Philippines, not otherwise disqualified by law, who on the day of the election is eighteen years of age or over and who shall have resided in the Philippines for at least one year and in the city, municipality or municipal district wherein he proposes to vote for at least six months immediately preceding the election shall be qualified to vote in the election, plebiscite or referendum.
Any person who transfers his residence to another city, municipality or municipal district solely by reason of his occupation, profession, employment in public or private service, educational activities, work in military or naval reservations, service in the army, navy or air force, the constabulary or national police force, or confinement or detention in government institutions in accordance with law shall not be deemed to have lost his residence.
SECTION 9. Disqualifications. — The following shall be disqualified to vote:
a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, the disability attached to such penalty not having been removed by plenary pardon.
b) Any person who has been adjudged by final judgment by competent court or tribunal of having violated his oath of allegiance to the Republic of the Philippines.
c) Insane or feeble-minded persons.
d) Persons suffering temporary special disqualification from exercising the right of suffrage in accordance with existing laws.
SECTION 10. Election Committees. — Whenever the registration of voters is decreed to be done in the voting centers, the powers and functions of the board of election inspectors with respect to the registration of voters under Republic Act No. 6388 shall devolve upon the election committees.
SECTION 11. Voter's application for Registration. — The application for registration shall be filed in duplicate and shall be under oath. It shall contain two specimens of the applicant's signature. His left and right thumbmarks, and his photograph which shall be optional on the part of the applicant, and the following data:
(a) Name, surname, and middle/maternal surname;
(b) Date and place of birth;
(d) Periods of residence in the Philippines and in the place of registration;
(e) Exact address with the name of the street and house number or in case there be none, a brief description of the locality and place;
(f) A statement that the applicant has not been previously registered, otherwise, he shall be required to attach a sworn application for cancellation of his previous registration; and
(g) Such other information or data which may be required by the Commission.
The oath of the applicant shall include a statement that he does not have any of the disqualifications prescribed by law for a voter.
It shall be the duty of the registering officer to fully apprise the applicant of the qualifications and disqualifications of a voter and to see to it that the application contains all the data herein required.
Application of an illiterate or a physically incapacitated person may be prepared by the election registrar, by any member of the election committee or by a person of his confidence in accordance with the information given by the applicant concerning his personal data.
SECTION 12. Preparation of the list of voters. — Before every election, plebiscite or referendum, the election committee shall meet in the voting center on a day to be fixed by the Commission on Elections for the purpose of preparing in three copies an alphabetical list of voters of the voting center. The list of voters shall include the names of voters registered by the election committee, in the proper case. For this purpose, the election registrar shall deliver to the election committee at the first hour of said day the original copies of all approved applications under his custody belonging to the voting center.
The chairman of the committee shall keep all copies of the approved application under his custody for purposes of reference and identification of voters on election, plebiscite or referendum day, and shall return them immediately thereafter to the election registrar.
SECTION 13. Distribution and publicity of list of voters. — The three copies of the certified list of voters shall be distributed as follows: the first copy with the voting records shall be kept by the chairman; the second copy shall be kept by the poll clerk of the election committee; and the third copy shall be delivered to the election registrar. All copies of the list of voters shall be made available for examination by the public during reasonable hours.
SECTION 14. Annulment of the list of voters. — Upon petition of any voter, candidate or election registrar, any list of voters not prepared in accordance with the provisions of this Decree or the preparation of which is affected with fraud, bribery, forgery, impersonation, intimidation, force, or any other similar irregularity may, after due notice and hearing, be annulled by the Commission on Elections: Provided, That no judgment annulling any list of voters shall be executed if the registration of the voters affected by the annulment cannot be undertaken before any election without depriving them of the right of suffrage.
SECTION 15. New Registration. — The foregoing provisions notwithstanding, the Commission on Elections may order an entirely new registration of all qualified voters in any city, municipality, municipal districts or barangay where by reason of force majeure or other causes, there has been substantial loss or destruction of existing registration records.
SECTION 16. Assistance of other employees and officials. — In the performance of his functions, the election registrar concerned may avail of the assistance of public school teachers, appointive city and municipal officials who are civil service eligibles, or members of the barangay council.
SECTION 17. Offenses and penalties. — In addition to the offenses defined in the Election Code of 1971, the following acts shall each constitute an offense:
a) Any violation of any of the provisions of this Decree.
b) Failure on the part of any person possessing all the qualifications and none of the disqualification of a voter to register in accordance with the provisions of this Decree without justifiable excuse.
Any person found guilty of an offense relative to the registration of voters shall upon conviction be sentenced to imprisonment of not less than one month but not more than six months. In addition, he shall suffer disqualification to hold public office and deprivation of the right of suffrage for a period of five years. Any person found guilty for failure to register and/or vote shall, at the discretion of the court, serve the sentence in the manner prescribed under Presidential Decree No. 1053.
SECTION 18. Jurisdiction of courts. — City and municipal courts shall have jurisdiction to issue warrants of arrest and to try and decide any criminal action or proceeding for offenses under this Decree. From the decisions of these courts, appeal shall lie as in other criminal cases.
SECTION 19. Prosecution of Offenses. — The Commission on Elections shall, through its duly authorized legal officers, have the power to conduct preliminary investigations of all offenses and to prosecute the same before the proper courts.
SECTION 20. Designation of other periods and dates. — If upon the effectivity of this Decree, it shall no longer reasonably be possible to observe the periods and dates prescribe in Article VII of the Election Code of 1971 for certain acts in connection with the registration of voters, the Commission shall fix other dates or periods therefor. cdtai
SECTION 21. Promulgation of rules. — The Commission on Elections shall promulgate the rules and regulations and prescribe the forms necessary under this Decree.
SECTION 22. Repealing clause. — All laws, executive orders, decrees, rules and regulations, or parts thereof, inconsistent with the provisions of this Decree are hereby repealed, amended or modified accordingly.
SECTION 23. Appropriations. — The sum of Two Million Five Hundred Thousand (P2,500,000.00) Pesos only is hereby appropriated out of any funds in the National Treasury not otherwise appropriated to be spent under the exclusive authority of the Commission on Elections to carry out the purposes of this Decree.
SECTION 24. Effectivity. — This Decree shall take effect immediately.
DONE in the City of Manila, this 25th day of February, in the year of Our Lord, Nineteen Hundred and Seventy-Seven
(Sgd.) FERDINAND E. MARCOS
|By the President:|
|(Sgd.) JACOBO C. CLAVE|
|Presidential Executive Assistant|