FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Reewlar Session )

HOUSE OF REPRESENTATIVES

House Bill No. 908

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

Republic Act 8189 or the Voters Registration Act of 1996 declared thar,

“It is the policy of the State ro systema
registration in order to establish a cl

of voters.”

the present method of
n, complete, permanent and updated list

Our nation is on the crossroads towards a modern elections system, The entire world
lauded us for our very first national ausomated elections which has been generally successful.
With the enthusiasm brought about by this achievement, we must move forward to develop a
system towards the full automation of election starting from registration, to maintaining an
clectronic database of registered voters, to the automated recognition of voters in their
respective precincts come election.

‘The COMELEC started using biometrics in the continuing registration of December
ter issuing Resolution 8514, in preparation for the 2010 elections. One Data Capturing
Machine (DCM) has been deployed in every city or municipal office of election officers. Each
registrant has to submit him/herself before the election officer for the capture of his/her
photograph, fingerprint, and signature. To strengthen and insticutionalize this policy, there is a
need to pass this bill

2008, 0

In addition to the use of biometrics in the registration process, this bill also seeks the
use of this technology in the voting process. A system shall be established wherein electronic
data generated by biometzic registration shall be available to election officers at the precinct
level for them to identify the voter (Section 10). This system will eradicate flying or multiple
voters since it will detect that an individual has already voted in one and only one precinct.

Yo implement this project, a single, official, centralized, and interactive computerized
national voter registration list or database will be created. Every registrant is assigned a unique
key to identify him or her. Also, this list shall be coordin
hence, improving its veracity and us:
multiple repistrants.

ted with other agency databases
e. This system will cure the perennial problem of

Our dream of modernized election system is at hand. We only need to improve on
where we started and never look back from there.

In view of the foregoing, immediate passage of this bill is earnestly sought.

SAN,
Representative, 2"


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FIFTEENTH CONGRESS )

OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
House Bill No.__ 908

Introduced by Representative Susan A, Yap

AN ACT.

REQUIRING ALL REGISTERED VOTERS WHOSE BIOMETRICS HAVE NOT
BEEN CAPTURED TO APPEAR BEFORE THE ELECTION OFFICER OF
THEIR PLACE OF REGISTRATION FOR PURPOSES OF HAVING THEIR
PHOTOGRAPHS, FINGERPRINTS AND SIGNATURES CAPTURED
THROUGH THE METHOD OF BIOMETRICS, FOR PURPOSES OF
ENSURING THAT THE AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM (AFIS) CAN BE UTILIZED TO CLEANSE THE RECORDS OF
DOUBLE OR MULTIPLE REGISTRANTS,

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

aration of Policy

SECTION 1. De In is the policy of the State to establish a clean,
complete, permanent and updated list of voters through the adoption of biometric
technology

SEC. 2. Definition of Terms. -As used in this Act

‘ommission” refers to the Commission on Elections (COMELEQ

() “Biometrics” refers to the quantitative analysis that provides a positive
identification of an individual such as voice, fingerprint and/or picture.

(©) “Data Capture Machine (0
fingerprint and signature of a registered voter.

is the device which captures the picture,

(d) “Deactivation” refers to the temporary removal of a registered voter from the
Registration Record of Voters for failure to appear before the appropriate Election Officer
for validation despite notice.

(©) “Double/Multiple registration” is the registration of a voter in more than one (1)
city or municipality.

( “Election Registration Board” refers to the body constituted pursuant to Republic
Act No, 8189 (otherwise known as “The Voter's Registration Act of 1996”) to act on all
applications for registration.

( “Election Officer” refers to the highest official or authorized representative of
the Commission in the city or municipality

h) “Reactivation” refers to the reinstatement of a registered voter who had been
deactivated from the Registration Records of Voters.

@ “Registration Record” refers to the application for registration duly approved by
the Election Registration Board.

@) ‘Validation” is the process of taking the biometrics such as photograph,
fingerprint and signature of a registered voter through the use of a DCM.

SEC. 3. Who Shall Submit for Validation. - Those registered voters as of October 29,
2007 barangay elections and those who thereafter registered and will register under Republic
Act No. 8189 (otherwise known as “The Voter's Registration Act of 1996”) without
biometrics data shall submit for live capture his/her photograph, fingerprint and signature
through the use of DCM before the Election Officer of the city/municipality where he/she
is a registered voter or intends to register.


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SEC. 4. Who Shall Conduct the Validation. - The Ci
through the use of DCMs, shall conduct the validation process by taking the biometrics of
voters.

SEC. 5. Period for Validation, ~ Validation shall be conducted upon the effectivity of
this Act, consistent with the Continuing Registration Act.

SEC. 6, Schedule of Validation Registration. - The Commission may consider opening its
offices nationwide on any given Saturday to accommodate new registrants especially college
students who are only free during the weekends.

SEC. 7, Notice. ~ The City/Municipal Election Officer shall serve individual written
notices to the voters according to their latest address found in the voter's registration record,
notice by publication in five (5) newspapers of general circulation and fw (2) local papers in
every city and province and in some radio broadcast the statement about the need to register
the voters

SEC. 8. Deactivation. - Voters who failed to submit for validation on or before the last
day of filing of application for registration for purposes of the 2013 national and local
clections, despite due notice, shall be deactivated from the registration record of the voters
by the Election Registration Board.

SEC. 9. Reactivation, ~ Vhose deactivated under the preceding section may apply
before the Election Registration Board for reactivation with simultaneous validation and the
applicant shall, if eligible, be included as a matter of right in the Registration Record of
Voters.

10. Use of Biometrics in the Voting Process, - The Commission shall establish a
system wherein the electronic data generated by biometric registration shall be available to
Election Officers at the precinct level for them to verify the identity of a voter

SEC. 11. Computerized Nationwide Voter Registration List Requirements, ~ ‘The
Commission shall implement, in a uniform and nondiscriminatory manner, a single, official,
centralized, interactive computerized voter registration list defined, maintained and
administered by the Commission that contains the name and registration information of
every legally registered voter and assigns a unique identifier to each legally registered voter
and includes the follow

(a) the computerized list shall serve as the single system for storing and managing the
official list of registered voters throughout the country;

(b) the computerized list contains the name and registration information of every
legally registered voter;

(© under the compute
registered voter;

@ the computerized list shall be coordinated with other agency databases;

(©) any authorized election official, including any local election official, may obtain
immediate electronic access to the information contained in the computerized list; and

(6 all voter registration information obtained by any local election official shall be
electronically entered into the computerized list on an expedited basis at the time the
information is provided to the local official.

zed list a unique identifier is assigned to each legally

SEG. 12. Voters’ List Cleansing. - Any registered party may file with the Commission
the names of the voters which should be excluded, removed or corrected from the
computerized nationwide registration lists staring the reasons thereof.

SEC. 13. Database Security. - The database generated by biometric registration shall be
secured by the Commission and shall not be used, under any circumstance, for any other
purpose other than for electoral exercises.

SEC. 14. 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
from submitting his/her biometrics for data capture through the use of force, intimidation
or monetary consideration;

(b) Any public official or person who, under the guise of implementing this Act, shall
Uunjustifiably and without of lacking due process, cause the deactivation ot reactivation of any
legitimate and bona fide registered voter from the Registration Record of Voters;

(©) Any person who attempts to engage in double or multiple registration for the
purpose of voting in several precinets; and

(@) Any person who attempts to register in a polling place where he/she is not a
bonafide and registered resident.

SEC. 15. Rules and Regulations, - ‘The Commission shall promulgate the rules and
regulations necessary to implement the provisions of this Act.

SEC. 16. Sepanabiliiy Clause. - If any part of this Act is held invalid or unconstitutional,
the other parts or provisions hereof shall remain valid and effective.

SEC. 17. Repealing Clause, ~All laws, decrees, executive orders, rules and regulations
inconsistent with this Act are hereby repealed or modified accordingly

SEC. 18. Egfectvity Clawe- This Act shall take effect fifteen (15) days afier its
publication in at least two (2) newspapers of general circulation

Approved,