Rules and Regulations Implementing R.A. No. 10367

June 26, 2013

COMELEC RESOLUTION NO. 9721

RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 10367, OTHERWISE KNOWN AS "AN ACT PROVIDING FOR MANDATORY BIOMETRICS VOTER REGISTRATION"

WHEREAS, Section 3 of Republic Act No. 10367 otherwise known as "AN ACT PROVIDING FOR MANDATORY BIOMETRICS VOTER REGISTRATION provides that registered voters whose biometrics data have not been captured shall submit themselves for validation in order to establish complete lists of voters with complete biometrics data for the May 2016 National and Local Elections;

WHEREAS, as of the last day of registration and validation for the May 13, 2013 Elections on October 31, 2012, the total number of registered voters without biometrics data is Nine Million Eighteen Thousand Two Hundred Fifty Six (9,018,256).

NOW THEREFORE, the Commission on Elections, pursuant to the authority vested in it by the 1987 Philippine Constitution, Republic Act No. 10367 and other related laws, RESOLVED to promulgate, as it hereby promulgates, the following rules and regulations implementing Republic Act No. 10367:

SECTION 1. Declaration of Policy. — 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 Machine (VRM).

SECTION 2. Who Will Undergo Validation. — The following registered voters shall have their biometrics data validated:

a) Those who do not have BIOMETRICS data appearing in the Voter Registration System (VRS); and SaHTCE

b) Those who have incomplete BIOMETRICS data appearing in the VRS.

SECTION 3. Date, Time and Place of Validation. — Pursuant to Section 5 of RA 10367, validation of registration shall commence on July 1, 2013 at the Office of the Election Officer (OEO) of the city/municipality where the voter is registered, from Monday to Friday during regular office hours at 8:00 o'clock in the morning to 5:00 o'clock in the afternoon.

SECTION 4. Establishment of Satellite Office. — In a city/municipality where there is more than one VRM available, the Election Officer (EO) concerned may establish satellite office to accommodate the expected volume of registered voters who are going to validate their registration records, subject to the following conditions:

a. The number of registered voters without biometrics data in a barangay and/or adjacent barangays to be accommodated exceeds one hundred (100).

b. At least five (5) days before the scheduled validation, the EOs concerned shall submit their request for the establishment of the satellite office/s to the Provincial Election Supervisor (PES). The PES shall immediately submit their recommendation to the Regional Election Director (RED), who in turn, shall approve or disapprove such request. In case of the National Capital Region (NCR) and Zamboanga City, the EOs concerned shall submit their request to the RED who shall directly act thereon. The approval of the request is subject to the following conditions:

1. That the EO concerned shall immediately disseminate and post in the Bulletin Boards of the Office of the Election Officer, city/municipal hall and in the barangays/sitios concerned written notices of the schedule/s for validation in the satellite office/s upon the approval of such request;

2. The satellite office shall be established in a public place;

3. The EO shall make arrangements with the local government unit through the local DILG for the use of its vehicles;

4. There shall be no extra/additional cost to the Commission in the conduct of satellite validation; and

5. The EO shall ensure that the local database is backed-up before conducting validation in satellite office/s.

SECTION 5. Generation, Printing and Posting of the Lists of Voters without Biometrics and Service of Notice. — Using the VRS program, the EO shall generate and print the list of registered voters without biometrics data or with incomplete biometrics data by precinct. For this purpose, the EOs shall be provided with the necessary supplies such as continuous forms and printer toner/ribbon or mobilization funds to locally procure the same, subject to Commission on Audit (COA) rules. aSDHCT

Posting of the said lists shall be made on the bulletin boards of the district/city/municipality/barangay halls, OEO and in three (3) other conspicuous places within the locality.

The EO shall serve individual written notices by registered mail with return card to the voters concerned at their latest addresses reflected in the voters' registration records (VRRs).

SECTION 6. Procedure for Validation. —

a) The voter shall personally appear before the OEO/satellite office.

b) Based on the list of voters without or with incomplete biometrics, the EO shall conduct an initial interview on the personal circumstances and in order to establish the identity of the voter shall require hire to present any of the following documents:

1. Current employees identification card (ID), with the signature of the employer or authorized representative;

2. Postal ID;

3. Students ID or library card, signed by the school authority;

4. Senior Citizens ID;

5. Drivers 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 Regulation Commission (PRC) and;

11. Any other valid ID.

c) The identity of the voter having been established, the EO shall verify in the database his record whether he has no/incomplete BIOMETRICS data. If the applicant has no or incomplete BIOMETRICS data, the EO shall record in the logbook the following data: 1) date and time; 2) the name of the voter; and 3) VRR number. After which, the EO shall direct the voter to the VRM Operator.

 The VRM Operator shall:

1. Click "Select File", then click "Other Application" then click "List of Records"

2. Type the last name and/or first name and/or maternal name in the space provided and click SEARCH button

3. Right-click in the record of the voter and select VALIDATION from the list of application type

4. Click on the BIOMETRICS tab

5. Capture the photo, signature and fingerprints of the voter

6. Save the record CEHcSI

d) The voter shall be instructed to affix his signature in the logbook.

SECTION 7. Submission of Reports. — Report on validation, following the format presented in Annex "A" hereof, shall be submitted simultaneously with the quarterly progress report upon resumption of the system of the continuing registration of voters after the Synchronized October 28, 2013 Barangay and Sangguniang Kabataan Elections.

SECTION 8. Deactivation. — The registration records of voters without biometrics data who failed to submit for validation on or before the last day of filing of applications for registration for the purpose of the May 9, 2016 National and Local Elections shall be deactivated in the last ERB hearing to be conducted prior to said elections. Deactivated voters shall not be allowed to vote. Deactivation under this section shall comply with the requirements on posting, ERB hearing and service of individual notices to the deactivated voters.

SECTION 9. Reactivation. — Those voters whose records are deactivated under the preceding section may apply for reactivation upon the resumption of the system of continuing registration of voters after the May 9, 2016 National and Local Elections.

SECTION 10. Database Security. — The database generated by biometric registration shall be secured and shall not be used, under any circumstances, for any purpose other than for electoral exercises. HTASIa

SECTION 11. Prohibited Acts. — The following shall be election offenses punishable under Sections 263 and 264 of Batas Pambansa Bilang 881, as amended, otherwise known as the "Omnibus Election Code":

a) Any person who shall prohibit, impede, obstruct or prevent a registered voter or a new voter from submitting his or her biometrics for capture through the use of force, intimidation or monetary consideration; and

b) Any public official or person who, under the guise of implementing this Rules and Regulations, shall unjustifiably and without due process, cause the deactivation or reactivation the record of any registered voter.

SECTION 12. Information Campaign. — All EOs shall conduct information campaign on the conduct of validation. For this purpose, the EOs may coordinate with local media representatives and employ the assistance of local government units in their respective area of responsibility.

SECTION 13. Publication and Dissemination. — Let the Education and Information Department cause the publication of this Resolution in two (2) newspapers of general circulation in the Philippines and furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors and Election Officers.

SECTION 14. Effectivity. — This Resolution shall take effect immediately upon publication.

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

SO ORDERED.

 

(SGD.) SIXTO S. BRILLANTES, JR.Chairman

 

(SGD.) LUCENITO N. TANGLECommissioner

 

(SGD.) ELIAS R. YUSOPHCommissioner

 

(SGD.) CHRISTIAN ROBERT S. LIMCommissioner

 

(SGD.) MARIA GRACIA CIELO M. PADACACommissioner

 

(SGD.) AL A. PARREÑOCommissioner

 

(SGD.) LUIE TITO F. GUIACommissioner