Election Offenses on Registration of

Voters
Preliminaries on Candidacy
What is registration?
Registration refers to the act of accomplishing and filing a sworn application for registration
by a qualified voter before the election officer of the city or municipality wherein he
resides and including the same in the book of registered voters upon approval by the
election registration board. 1

Why must a person register first before exercising the

right to vote?
Registration determines who are qualified to vote. It serves to regulate the exercise of the right
to vote.2 Section 115 of the Omnibus Election Code provides that in order that a
qualified elector may vote in any election, plebiscite or referendum, he must be
registered in the permanent list of voters for the city or municipality in which he
resides. Likewise, Section 10 of the Voters Registration Act provides that to be able to
vote in any election, qualified voter shall be registered in the permanent list of voters
in a precinct of the city or municipality wherein he resides.
The Supreme Court has held that registration is essential to the exercise of the right of
suffrage. It is part and parcel of the right to vote and an indispensable element in the
election process. 3 The requirement of registration cannot be regarded as adding a
new qualification to those prescribed by the constitution, but only as reasonable and
convenient regulation of the mode of exercising the right to vote. The constitution, by
carefully prescribing the qualifications of voters, necessarily requires that an
examination of the claims of persons to vote must at some time be had by those who
are to decide on them. 4

What are the requirements in order to register as a

voter?
1.

Citizen of the Philippines, not otherwise disqualified by law;

2.

At least 18 years of age;

3.

Resident of the Philippines for one year; and

4.

Resident of the city or municipality wherein he proposes to vote for at least six months
immediately preceding the election.

Any person who temporarily resides in another city, municipality or country solely by reason
of his occupation, profession, employment in private or public service, educational
activities, work in the military or naval reservations within the Philippines, service in
the Armed Forces of the Philippines, the National Police Forces, or confinement or
detention in government institutions in accordance with law, shall not be deemed to
have lost his original residence.
Any person who, on the day of registration may not have reached the required age or period
of residence but who on the day of the election hall possess such qualification, may
register as a voter. 5

Who are disqualified from registering?

Any person who has been sentenced by final judgment to suffer imprisonment for not less than
one year, such disability not having been removed by plenary pardon or granted
amnesty. Such person however shall automatically reacquire the right to vote upon
expiration of five years after service of sentence;
Any person who has been adjudged by final judgment by competent court or tribunal of
having committed any crime involving disloyalty to the duly constituted government
such as rebellion, sedition, violation of the firearms laws, or any crime against
national security, unless resorted to his full civil and political rights. (such person)
shall regain his right to vote automatically upon expiration of five years after service
of sentence; and
Insane or incompetent persons as declared by competent authority unless subsequently
declared by proper authority that such person is no longer insane or incompetent.

When does registration of voters take place?

In the system of continuing registration of voters, the personal filing of application of
registration of voters shall be counted daily in the office of the Election officer during
regular office hours. No registration, however, be conducted during the period
starting one hundred twenty (120) days before a regular election and ninety (90)
days before a special election. 7

Where should a qualified voted register?

The qualified voter should register in the office of the Election Officer 8 of the city or
municipality wherein he resides. 9

Who acts on all application for registration?

The Election Registration Board is the body which acts on all applications for
registration 10 The board shall be composed of the Election officer as chairman and as
members, the public school official most senior in rank and the local civil registrar, or
if absent, the city or municipal treasurer. 11

How does a person register as a voter?

To register as a voter, (any person) shall personally accomplish an application form for
registration as prescribed by the COMELEC in three copies before the Election officer
on any date during office hours after having acquired the qualifications of a voter.
The application shall contain the following data:

Name, surname, middle name, and/ or maternal surname;

Sex

Date and place of birth;

Citizenship;

Civil status, if married, name of spouse;

Profession occupation or work;

Periods of residence in the Philippines and in the place or registration;

Exact address with the name of the street and house number for location in the precinct
maps maintained by the local office of the commission or in case there is none, a brief
description of the residence, sitio and barangay;

A statement that the applicant possesses all the qualifications of a voter;

A statement that the applicant is not a registered voter of any precinct and

Such other information or data which may be required by the commission.

The application for registration shall also contain three specimen signature of the applicant,
clear and legible rolled prints of his left and right hand thumbprints, with 4
identification size copies of is latest photograph attached thereto, to be taken at the
expense of the omission.
Before the applicant accomplishes his application for registration, the election officer shall
inform him of the qualifications and disqualifications prescribed by law for a voter,
and thereafter, see to it that the accomplished application contains all the data
therein required and that the applicants specimen signatures, fingerprints, and
photographs and properly affixed in all copies of the voters application. 12

How shall an illiterate and physically disabled

qualified voter register?
Any illiterate person may register with the assistance of the following:

Election Officer; or

Any member of an accredited Citizens arms

The Election Officer shall place such illiterate person under oath, ask him the questions, and
record the answers given in order to accomplish the application form in the presence
of the majority of the members of the board. The election officer or any member of an
accredited citizens arm shall read the accomplished form aloud to the person assisted
and ask him if the information given is true and correct. The accomplished form shall
be subscribed by the applicant in the presence of the Board by means of thumb mark
or some other customary mark and it shall be subscribed and attested by the majority
of the members of the board.
The attestation shall state the following:

Name of the person assisted;

The name of the Election Officer or the member of the accredited citizens arm who
assisted the applicant;

The fact that the Election officer placed the applicant under oath, that the Election
Officer or the members of the accredited citizens arm who assisted the applicant read the
accomplished form to the person assisted, and that the person assisted affirmed its truth
and accuracy, by placing his thumb maker or some other customary mark on the
application in the presence of the board.
The application for registration of a physically disabled person may be prepared by the
following:

Any relative within the fourth civil degree of consanguinity or affinity; or

Election officer; or

Any member of an accredited citizens arm using the data supplied by the applicant

The fact of illiteracy of disability shall be so indicated in the application.

13

What law should govern the registration of overseas

absentee voters?
Republic Act No. 9189 or the Overseas Absentee Voting Act of 2003 governs the registration
of an overseas absentee voter. It provides for the disqualification 14 of voting,
requirements or registration 15, and procedure for registration. 16

Election Offenses on Candidacy

Registration by a Qualified Voter
Is failure without just cause to register as a voter an
election offense?
No. Section 261 (y) (1) of the Omnibus Election Code punishes any person who, having all the
qualifications and none of the disqualifications of a voter, fails without justifiable
excuse to register as a voter in an election, plebiscite or referendum in which he is a
qualified to vote. 17 However, the 1987 constitution does not include the provisions of
the 1973 constitution (Article V, Section 2) which reads: It shall be the obligation of
every citizen qualified to vote to register and provides in its repealing clause that the
provisions on failure to register and to vote under section 261, par. (y) subparagraph no.1 and paragraph (z), sub-paragraph no.1 of the Omnibus Election Code
and repealed. 18

What are the requirements on the preparation of the

voters affidavit of illiterate or disabled
applicants?
By virtue of Section 262 of the Omnibus Election Code, the violation of the pertinent
requirements for the preparation of the voters affidavit of illiterate or disabled
applicants shall be considered as an election offense:

Persons who may prepare the voters affidavit of an illiterate or physically disabled
person:

Any relative within the fourth civil degree of consanguinity of affinity or

Any member of the board of election inspectors

Such persons shall prepare the affidavit in accordance with the data supplied by the
applicant. 19

Under the Voters Registration Act of 1996, the following can assist an illiterate or disabled
person in registering as voter:
Any illiterate person may register with the assistance of the following:

Election officer; or

Any member of an accredited citizens arms

The application for registration of a physically disabled person may be prepared by the
following:

Any relative within the fourth civil degree of consanguinity or affinity; or

Election officer; or

Any member of an accredited citizens arm using the data supplied by the applicant

20

Acts which Obstruct the Registration of Another

What constitutes threats, intimidation, terrorism, use
of fraudulent device or other forms of coercion?

That the offender is any person;

That the offender directly or indirectly

threatens, intimidates or actually causes, inflicts or produces any violence,

injury, punishment, damage, loss or disadvantage upon any person or persons or that of
the immediate members of his family, his honor or property, or
uses any fraudulent device or scheme
that the purpose to compel or induce the registration or refraining from
registration of any voter, or the participation in a campaign or refraining or desistance
from any campaign, or the casting of any vote or omission to vote, or any promise of such
registration, campaign, vote, or omission therefrom. 21

What are the requirements of the offense of delay or

obstruction of registration of another?

That the offender is any person; and

That such person delays, hinders, or obstruct another from registering. 22

Punishable Acts Committed by the Registrant

What are the elements of the offense of making a false or
untruthful statement of date or information required in
application for registration?
The offense can be committed by:

Any person;

That such person knowingly makes any false or untruthful statement

That the false or untruthful statement was relative to any of the data or information
required in the application for registration. 23

How can the offense of blurring or tampering of fingerprints on

application for registration or voters affidavit be
committed?
The offense of blurring or tampering of fingerprints on application for registration or voters
affidavit is committed in three ways:

Blurring or tampering of fingerprints on application for registration or voters

affidavit by any person

Causing or allowing of imprinting of blurred or indistinct fingerprints by a person in

charge of voters registration; and

Tampering of fingerprints
The elements of the offense when committed by blurring or tampering of fingerprints on
application for registration or voters affidavit by any person are the following:

That the offender is any person;

That the offender imprints or causes the imprinting or blurred or indistinct
fingerprints on any of the copies of the application for registration or on the voters
affidavit; and
That the act was committed deliberately
The elements of the offense causing or allowing of imprinting of blurred or indistinct
fingerprints by a person in charge of voters registration are the following:

That the offender s any person in charge of the registration of voters; and

That the offender, deliberately or through negligence, causes or allows the imprinting
of blurred or indistinct fingerprints on any of the aforementioned registration forms
The elements of the offense of tampering of fingerprints are the following:

That the offender is any person; and

That the offender tampers with the fingerprints in said registration records.

24

How is the offense of double or multiple registrations

committed?

The offender is a registered voter; and

Such offender registers anew without filing an application for cancellation of his
previous registration. 25

Punishable Acts Committed by Another on the

Registration of a Qualified Voter
What are the elements of registration in substitution
for another?

That the offender is any person; and

That the offender registers in substitution for another whether with or without the
latters knowledge or consent. 26

What are the elements of tampering of voters

application for registration?

That the offender is any person; and

That the offender tampers with or changes without authority any data or entry in any
voters application for registration 27

What are the elements of the offense of false

certification or identification of another as bona
fide resident of a particular place?

That the offender is any person;

That such offender falsely certifies or identifies another as a bona fide resident of a
particular place or locality; and

That the act was committed for the purpose of securing the latters registration as a
voter. 28

What constitutes the offense of use of voters affidavit

of another for the purpose of voting?

That the offender is any person;

that such person uses the voters affidavit of another; and

That the act was committed for the purpose of voting, whether or not he actually
succeeds in voting. 29

What are the components of the offense of asking,

demanding, taking, accepting or possessing a
voters to influence such others vote?
That the offender is any person;

That the offender asks, demands, takes, accepts or possesses, directly or indirectly, the
voters affidavit or another; and

That the act was committed in order to induce the latter to withhold his vote, or to vote
for or against any candidate in an election or any issue in a plebiscite or referendum. 30
Such intent is presumed prima facie if the asking, demanding, taking, accepting or possessing
is done within the period beginning ten days before lection day and ending ten days
after election, day unless the voters affidavit of another and the latter are both
members of the same family. 31

What are the elements of delivery or acceptance of

voters affidavit of another in consideration of
money, benefit or promises?

That the offender is any person;

That such person

delivers, hands over, entrusts, gives, directly or indirectly his voters affidavit to
another in consideration of money or other benefit or promises thereof, or
takes or accepts such voters affidavit directly

or indirectly, by giving or causing the giving of money or other benefit or

making or causing the making of a promise thereof. 32

What are the elements of the offense of giving (a

persons) voters identification card to another; or
taking such voters identification card in
consideration of money or other benefit or
promise?
The said offense can be committed in two ways: (1) by giving and (2) by taking or accepting
such voters identification card.
The elements of giving (a persons) voters identification card to another are:
That the offender delivers, hands over entrusts or gives, directly or indirectly his
voters identification card to another

That such is in consideration of money or other benefit or promise

The elements of taking or accepting such voters identification card are:

That the offender gives or causes the giving of money or other benefit or makes or
causes the making of a promise

That the act is in consideration of the delivery, handing over entrusting, and giving of
another persons voters identification card 33

Notes:
1.

An Act Providing for a General Registration of Voters, Adopting a System of

Continuing Registration, Prescribing the Procedures thereof and authorizing the
appropriation of funds therefore. [THE VOTERS REGISTRATION ACT OF 1996]

Republic Act no. 8189, Section 3(a) (1996)

2.

Hector S. de Leon & Hector M. de Leon, Jr., The Law in Public Officers and Election

Law 527 (2003)

3.

Id. Citing Aporadera v. Sotto, 3 SCRA 626 (1961); Akbayan v. COMELEC, 355 SCRA

318 (2001)
4.

Id. 527-529, citing F. Mechem, A Treatise on the Law of Public Offices and Officers, p

82 (1890)

5.

The Voters Registration Act of 1886 Section 9

6.

Id Section 11

7.

Id. Section 8

8.

Id

9.

Id. Section 10

10.

Id. 3 (g)

11.

Id. Section 15

12.

Id. Section 10

13.

Id. Section 14

14.

An Act providing for a system of overseas absentee voting by qualified citizens of the
Philippines abroad, appropriating funds therefore and for other purposes (The Overseas

Absentee Voting Act of 2003), Republic Act No. 9189, Section 5 (2003)

15.

Id. Section 8

16.

Id. Section 6

17.

De Leon & De Leon, Jr., supra note 2, at 839

18.

Enabling Act for the Elections for Members of Congress on May 11, 1987, and for

other purposes, Executive Order no. 134, Sec, 17 (1987)

19.

Omnibus Election Code of the Philippines, Batas Pambansa Blg. 881, Sec 127

(1985)

20.

The Voters Registration Act of 1996, Section 14

21.

Omnibus Election Code of the Philippines, Section 261 (e)

22.

Id. Sec. 261 (y) (8)

23.

Id. Section 261 (y) (2)

24.

Id. Section 261 (y) (3)

25.

Id. Section 261 (y) (5)

26.

Id. Sec, 261 (y) (6)

27.

Id. Sec, 261 (y) (7)

28.

Id. Sec, 261 (y) (9)

29.

Id. Sec, 261 (y) (10)

30.

Id. Sec, 261 (y) (13)

31.

Id

32.

Section 261 (y) (14)

33.

The Voters Registration Act of 1996, Section 45 (a)