HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
Philippines

SIXTEENTH CONGRESS
FIRST REGULAR SESSION

HOUSE BILL NO. _ 4266

Introduced by CIBAC Party List Representative
Sherwin Tugna

AN ACT AMENDING REPUBLIC ACT NO. 8189, ALSO KNOWN AS THE
“VOTER’S REGISTRATION ACT OF 1996”, TO CURB VOTE BUYING DURING
BARANGAY ELECTIONS, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Article V, Section 1 provides that “suffrage may be exercised by all citizens of
the Philippines not otherwise disqualified by law, who are at least eighteen years of
age, and who shall have resided in the Philippines for at least one year and in the
place wherein they propose to vote for at least six months immediately preceding the
election.” This provision of the 1987 Constitution was patterned after the provision of
the 1973 Constitution. The deliberations of the 1935 and 1971 Constitution reveal
that the residence requirements of at least one (1) year in the Philippines and at
least six (6) months in the municipality or in the place where the voter proposed to
vote respectively must be followed strictly.

The rationale for the residency requirement of at least six (6) months
preceding the election in the municipality’ or in the place where a voter proposes to
vote? were discussed in the previous deliberations for the 1934 and 1973
Constitution. During the 1934 Constitutional Convention for the institution of the
Commonwealth government, it was clear that the requirement of residence in the
municipality where the voter will vote is to “allow an elector to have knowledge of the
local conditions in order to cast intelligently his vote in the choice of local officials’.®
This was further discussed during the deliberations of the 1972 Constitutional
Convention. The purposes for which the residence requirement is imposed strictly
are the following: 1) to allow the voter to know who are the candidates in that place;
and 2) to know the candidates in order that he could determine whether or not, they
are worthy of the trust of being voted into positions of power in the Philippines and in
the municipality.’ Also, it gives the voter an opportunity to know the conditions in the
Philippines and in the municipality, and in order for him to know the kind and quality

* Please refer to Article V, Section of the 1935 Constitution:
? Please refer to Article VI, Section 1 of the 1973 Constitution, or to Article V, Section of the 1987
Constitution.
* please refer to the Deliberations of the 1934 Constitutional Convention held on November 28, 1934,
298.
Please refer to the Deliberations of the 1972 Constitutional Convention held on March 3, 1972, 4:40-
4:50 p.m.


of candidates he is voting for.> A question by Delegate Badelles clarified that the
elections contemplated by the provisions included barrio elections.’ There was a
proposition to require 6-month residence in a barrio instead in a municipality. The
1972 Constitutional Convention at the onset just adopted the provisions of the 1935
Constitution with respect to the residence requirements of Filipinos who will exercise
suffrage. Nonetheless, since the intention was to ensure that the voters will have the
chance to determine who are the worthy people to govern them, the word
“municipality” was changed to “place” to include all the other political subdivisions of
the Philippine society. The provisions of the 1973 Constitution on suffrage relating to
the residence requirements of voters were then adopted in the 1987 Constitution.

The wisdom behind the residence requirements before a Filipino can vote is
clear. The requirement is necessary to prevent questions that arise after elections
that people who are not informed of the circumstances in the place where they
proposed to vote and cannot vote intelligently, are allowed to vote there. However,
barangay elections are not synchronized with the other elections. Republic Act Nos.
9164 and 9340 provide that barangay and sangguniang kabataan elections shall be
held on the last Monday of October and three (3) years thereafter. Designating a
month different from national and local elections, the laws aim to make barangay and
sangguniang kabataan elections non-partisan. Currently, the sangguniang kabataan
elections for 2013 were postponed.

During registration for barangay elections, many people transfer residence.
Some do because of legitimate reasons (i.e. due to occupation, business, education,
and other exigent circumstances) while some receive payment or consideration to
transfer residence and eventually vote in favour of candidates in a barangay
elections. The second cause is what is known as the “hakot system”. Regardless
whether or not the transfer is based on a legitimate and legal reason, our
Constitution mandates that there must be one (1) year actual or physical residence
in the Philippines and atleast six (6) months in the place where the voters proposed
to vote. And since barangay elections are held on the last Monday of October which
is less than six (6) months from a previous regular elections (second Monday of
May), COMELEC can easily cleanse the barangay elections by prohibiting to vote in
the subsequent barangay elections those people who voted in immediately
preceding regular elections. This is due to non-compliance with the six (6) months
residence requirements unless they prove that the place where they intend to
transfer their registration is where they intend to return home ever since, or can be
considered as their domicile.

Therefore, the COMELEC shall provide a mechanism wherein all Election
Officers who are tasked to receive application for registration and transfers can verify
whether an applicant has voted anywhere in the Philippines in the immediately
preceding regular elections. Currently, all offices of Election Officers are mandated
to provide after a regular elections, the list of people who voted in their jurisdiction. If
all these information are made available by COMELEC through the computerized
voters lists which can be accessed by Election Officers during registration, it would

*Id., March 2, 1972, p. 31.
id.



be easier to determine who have complied with the residence requirements
mandated by the Constitution.

With the date of the barangay elections different from the dates of the national
and local elections, COMELEC can now take a more active role by scrutinizing
applicants for transfer of residence who previously voted in a regular elections that
occurred not more than six (6) months before the next barangay elections. The
applicant may be allowed to transfer residence and be allowed to vote in the
barangay elections if he/she proves that he/she is returning to a barangay which is
his/her domicile- a place where he/she intends to return to permanently. Otherwise,
COMELEG may opt to do the following: 1) allow the transfer of residence by the
applicant but only allow him/her to vote in the next regular elections but not in the
immediate barangay elections, or 2) investigate and/or prosecute violation of the
election laws. Because of a previous registration and voting for chosen candidates,
a question with respect to an applicant's compliance with the residence requirements
arises. Thus, COMELEC which is given the power to enforce and administer all
election laws, must be mandated to ask the applicants to prove that they have
complied with the residence requirements provided in the Constitution.

Therefore, it is necessary to fill in the gaps in our current election laws to
ensure that voters for barangay elections comply with the requirement that they have
resided in the place wherein they propose to vote for at least six (6) months
immediately preceding the election pursuant to Article V, Section 1 of the 1987
Constitution. Several provisions of the Republic Act No. 8189 must be amended.
Also, it is necessary to adopt the provision of the Constitution relating to the 6-month
residence requirement in the place where a voter proposed to vote so as not to result
to a violation of the six (6) months residence requirement.



HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

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4 SIXTEENTH CONGRESS
5 FIRST REGULAR SESSION
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HOUSE BILLNO. 4264

Introduced by CIBAC Party List Representative
10 Sherwin Tugna

12 AN ACT TO AMENDING REPUBLIC ACT NO. 8189, ALSO KNOWN AS THE
13 “VOTER’S REGISTRATION ACT OF 1996”, TO CURB VOTE BUYING DURING
14 BARANGAY ELECTIONS, AND FOR OTHER PURPOSES

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

19 SECTION 1. This Act shall be known as the “Barangay Anti-Hakot Act of 2014”.

21 SECTION 2. Section 9 of R.A. 8189, is hereby amended to read as follows:

2 Section 9. Who may Register. All citizens of the Philippines not
23 otherwise disqualified by law who are at least eighteen (18) years of
24 age, and who shall have resided in the Philippines for at least one (1)
25 year, and in the [city-or-municipality} PLACE, wherein they propose to
26 vote, for at least six (6) months immediately preceding the election,
7 may register as a voter.

28 Any person who temporarily resides in another BARANGAY, city,
29 municipality, DISTRICT, PROVINCE or IN ANOTHER country solely by
30 reason of his occupation, profession, employment in private or public
31 service, educational activities, work in the military or naval reservations
32 within the Philippines, service in the Armed Forces of the Philippines,
33 the National Police Forces, or confinement or detention in government
34 institutions in accordance with law, shall not be deemed to have lost his
35 original residence.

36 Any person, who, on the day of registration may not have reached the
37 required age or period of residence but, who, on the day of the election
38 shall possess such qualifications, may register as a voter.

39 SECTION 3. Section 12 of R.A. 8189 is hereby amended to read as follows:

40 Section 12. Change of Residence to Another City or Municipality. Any
a4 registered voter who has transferred residence to another city or
42 municipality may apply with the Election Officer of his new residence
43 for the transfer of his registration records, PROVIDED, THAT IF THE
44 APPLICATION FOR TRANSFER OF REGISTRATION IS SUBMITTED

45 BEFORE A BARANGAY ELECTIONS THAT WILL OCCUR NOT

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MORE THAN SIX (6) MONTHS AFTER A REGULAR ELECTIONS
WHEREIN THE APPLICANT VOTED, HIS PRESENCE SHALL BE
REQUIRED DURING THE HEARING SET INVOLVING HIS/HER
APPLICATION FOR TRANSFER OF REGISTRATION, WHEREIN
HE/SHE MUST PROVE HIS/HER COMPLIANCE WITH THE
RESIDENCE REQUIREMENTS UNDER SECTION 9 OF THIS ACT
THROUGH HIS/HER TESTIMONY SWORN UNDER OATH AND
DOCUMENTS TO SHOW THE REASON FOR TRANSFER,
PROVIDED FURTHER, THAT THE APPLICANT WILL ONLY BE
ALLOWED TO TRANSFER REGISTRATION AND TO VOTE DURING
THE SUBSEQUENT BARANGAY ELECTIONS IN CASE HE/SHE HAS
PROVEN THAT THE NEW RESIDENCE IS HIS/HER DOMICILE.
OTHERWISE, ONLY THE TRANSFER OF REGISTRATION SHALL
BE ALLOWED BUT THE APPLICANT CAN ONLY VOTE IN ALL
SUBSEQUENT REGULAR ELECTIONS EXCEPT THE BARANGAY
ELECTIONS THAT WILL OCCUR NOT MORE THAN SIX (6)
MONTHS AFTER A REGULAR ELECTIONS WHEREIN HE/SHE
VOTED.

The application for transfer of registration shall be subject to the
requirements of notice and hearing and the approval of the Election
Registration Board, in accordance with this Act. Upon approval of the
application for transfer, and after notice of such approval to the Election
Officer of the former residence of the voter, said Election Officer shall
transmit by registered mail the voter's registration record to the Election
Officer of the voter's new residence.

IN CASE THE ELECTION OFFICER FINDS OUT THAT THERE IS A
VIOLATION OF ELECTION LAWS, HE /SHE SHALL EXERCISE THE
POWER TO INVESTIGATE AND/OR PROSECUTE VIOLATION OF
ELECTION LAWS.

SECTION 4. A new Section 13 shall be added to read as follows:

Section 13, Change of Residence to Another Barangay. Any
registered voter who has transferred residence to another barangay
may apply with the Election Officer of his new residence for the transfer
of his registration records, PROVIDED, THAT IF THE APPLICATION
FOR TRANSFER OF REGISTRATION IS SUBMITTED BEFORE A
BARANGAY ELECTIONS THAT WILL OCCUR NOT MORE THAN SIX
(6) MONTHS AFTER A REGULAR ELECTIONS WHEREIN THE
APPLICANT VOTED, HIS PRESENCE SHALL BE REQUIRED
DURING THE HEARING SET INVOLVING HIS/HER APPLICATION
FOR TRANSFER OF REGISTRATION, WHEREIN HE/SHE MUST
PROVE HIS/HER COMPLIANCE WITH THE RESIDENCE
REQUIREMENTS UNDER SECTION 9 OF THIS ACT THROUGH
HIS/HER TESTIMONY SOWRN UNDER OATH AND DOCUMENTS
TO SHOW THE REASON FOR TRANSFER, PROVIDED FURTHER,
THAT THE APPLICANT WILL ONLY BE ALLOWED TO TRANSFER
REGISTRATION AND TO VOTE DURING THE SUBSEQUENT

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BARANGAY ELECTIONS IN CASE HE/SHE HAS PROVEN THAT
THE NEW RESIDENCE |S HIS/HER DOMICILE. OTHERWISE, ONLY
THE TRANSFER OF REGISTRATION SHALL BE ALLOWED BUT
THE APPLICANT CAN ONLY VOTE IN ALL SUBSEQUENT
REGULAR ELECTIONS EXCEPT THE BARANGAY ELECTIONS
THAT WILL OCCUR NOT MORE THAN SIX (6) MONTHS AFTER A
REGULAR ELECTIONS WHEREIN HE/SHE VOTED.

THE APPLICATION FOR TRANSFER OF REGISTRATION SHALL BE
SUBJECT TO THE REQUIREMENTS OF NOTICE AND HEARING
AND THE APPROVAL OF THE ELECTION REGISTRATION BOARD,
IN ACCORDANCE WITH THIS ACT. UPON APPROVAL OF THE
APPLICATION FOR TRANSFER, THE ELECTION OFFICER SHALL
AMEND THE VOTER'S REGISTRATION RECORD TO REFLECT
THE CHANGE OF RESIDENCE TO ANOTHER BARANGAY.

IN CASE THE ELECTION OFFICER FINDS OUT THAT THERE IS A
VIOLATION OF ELECTION LAWS, HE /SHE SHALL EXERCISE THE
POWER TO INVESTIGATE AND/OR PROSECUTE VIOLATION OF
ELECTION LAWS.

Section 14. Change of Address in the Same City or Municipality. Any
voter who has changed his address in the same city or municipality
WHICH SHALL NOT FALL UNDER A CHANGE IN BARANGAY AS
MENTIONED IN SECTION 13 OF THIS ACT, shall immediately notify
the Election Officer in writing. If the change of address involves a
change in precinct, the Board shall transfer his registration record to
the precinct book of voters of his new precinct and notify the voter of
his new precinct All changes of address shall be reported to the office
of the provincial election supervisor and the Commission in Manila.

Section 25. National Central File. There shall be a national central file
under the custody of the Commission in Manila consisting of the third
copies of all approved voter registration records in each city or
municipality. It shall be compiled by precinct in each city/municipality
and arranged alphabetically by surname so as to make the file a replica
of the book of voters in the possession of the Election Officer.
Thereafter a national list shall be prepared following the alphabetical
arrangements of surnames of voters.

There shall be a national file consisting of the computerized voters’ list
(CVL), both in print and in diskette, submitted by the Election Officers
in each city and municipality concerned, under the custody of the
Commission in Manila.

SECTION 5. Section 13 of R.A. 8189 shall be renumbered as Section 14 and hereby
amended to read as follows:

SECTION 6. Section 24 of R.A. 8189 shall be renumbered as Section 25 and hereby
amended to read as follows:


The computerized voters’ list shall make use of a single and uniform
computer program that will have a detailed sorting capability to list
voters alphabetically by the precincts where they vote, by the
barangays, municipalities, cities or provinces where they reside and by
their voters identification number (VIN).

THE COMMISSION IN MANILA SHALL ENSURE THAT THE
COMPUTERIZED VOTER'S LIST MUST BE UPDATED WITHIN
THREE (3) MONTHS FROM THE DAY OF A REGULAR ELECTIONS
AND REFLECT THE VOTERS WHO VOTED DURING A RECENTLY
CONCLUDED REGULAR ELECTIONS. THE COMPUTER
PROGRAM THE COMMISSION USES SHALL ALSO SHOW WHEN
WAS THE LAST TIME A PARTICULAR REGISTRANT VOTED AND.
MAKE IT ACCESSIBLE TO ALL ELECTION OFFICERS TASKED TO
REGISTER VOTERS.

SECTION 7. Sections 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30,
31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, and 48 of R.A. 8189
shall be renumbered as Section 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29,
30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, and 49
respectively.

SECTION 8. Separability Clause. - If any provision of this Act is declared invalid, the
other provisions not affected thereby shall remain valid.

SECTION 9. Repealing Clause. - All laws, proclamations, executive orders, rules
and regulations or parts thereof inconsistent with this Act are hereby repealed,
modified or amended accordingly: Provided, That no person shall be deemed to be
vested with any property or other right by virtue of the enactment or operation of this,
Act.

SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) national newspapers
of general circulation whichever comes earlier.

Approved,