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‘THIRTEENTH CONGRESS 3 am yar oe
First Regular Session
6
House BELNo.__02

Introduced by: REPRESENTATIVE EMILIO C, MACIAS I

EXPLANATORY NOTE

The Omnibus Election Code, the law governing elections in the Philippines,
specifically provides that all citizens of the Philippines qualified to vote, who shall have
resided in the city or municipality wherein they propose to vote for at least six (6)
months immediately preceding the election, may be registered as a voter. However, the
laxity attendant to the registration of voters where the basic proof of legal residence to
determine that one has actually resided in the place where he proposes to vote within the
prescribed period is not required to be presented, makes a mockery of this express
residency requirements of the law. This situation mainly contributed to the registration of.
a great number of registered electors by listing even the non-existing residence, which
had notoriously become a vast source of flying voters. Certainly, the registration officers
have no way of knowing whether the registrant is a legitimate resident or not of the
dwelling unit he declared as his residence or they will not even bother to do some
verification even if in doubt. The imposition of harsh penalties on flying voters has not
been proven to be an effective tool in deterring the commission of this election offense. It
is now hightime to introduce a new method that will prevent the commission of the
offense for indeed, “an ounce of prevention is better than a pound of cure.”

This bill seeks to require the presentation of some proof of legal residence for the
purpose of registration to be a voter to prevent the perennial problem of flying voters.
‘There were numerous instances in the past where the number of election registrants ina
particular residential or dwelling unit even far exceeds the ideal or reasonable number of
residents for each of them to live comfortably in such dwelling place. This anomalous
practice will be minimized, if not totally eradicated, because, under this bill, the Punong
Barangay shall not only attest the certification issued by the landowner or lessor but shall
verify and keep a record of the actual number of residents in a particular property or
dwelling unit.


‘Moreover, this proposed legislation does not impose any property requirement on
the exercise of the right of sufftage in consonance with the express mandates of the
Constitution because a mere certification from the landowner or lessor of any dwelling
unit like condominium, apartment, dormitory, etc. will suffice to prove his legal residence
as attested by the Punong Barangay of the place where he proposes to vote if one has no
property.

This important piece of legislation is primarily intended to strengthen the State’s
strong resolve to protect the sanctity of the right of suffrage and the integrity of the
election system by eliminating the perennial problem caused by flying voters.

In view of the foregoing reason, the approval of this bill is eamestly sought.

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JO C, MACIAS II M.D.
Representative
2™ District, Negros Oriental



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

THIRTEENTH CONGRESS
First Regular Session

HOUSE BILLNO.__52

Introduced by: REPRESENTATIVE EMILIO C. MACIAS IT

AN ACT
REQUIRING CERTAIN PERSON WHO MAY REGISTER AS A VOTER TO
PRESENT ANY PROOF OF LEGAL RESIDENCE AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 8189 OTHERWISE KNOWN AS THE VOTERS
REGISTRATION ACT OF 1996 AND PROVIDING PENALTIES THEREFOR

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

SECTION 1. Section 9 of Republic Act No. 8189 is hereby amended to read as
follows:

“SEC. 9, Who May Register. — All citizens of the
Philippines not otherwise disqualified by law who are at
least eighteen (18) years of age, and who shall have resided
in the Philippines for at least one (1) year, and in the place
wherein they propose to vote for at least six (6) months
immediately preceding the election, may register as a voter.
PROVIDED , HOWEVER, THAT IN NO CASE SHALL
ANY PERSON RESIDING IN A_ PROPERTY
BELONGING TO ANOTHER, BE ALLOWED TO
REGISTER WITHOUT PRESENTING ANY PROOF OF
LEGAL RESIDENCE ATTESTED BY THE PUNONG
BARANGAY OF THE PLACE WHEREIN HE
PROPOSES TO VOTE. PROVIDED, FURTHER, THAT
THE PUNONG BARANGAY SHALL VERIFY AND
KEEP THE RECORD OF THE ACTUAL NUMBER OF
RESIDENTS IN A PARTICULAR PROPERTY OR
DWELLING UNIT.

AS USED IN THIS SECTION, THE TERM
PROOF OF LEGAL RESIDENCE SHALL REFER TO A
CERTIFICATION FROM THE LANDOWNER OR
LESSOR OF A RESIDENTIAL UNIT, APARTMENT,
CONDOMINIUM, DORMITORY OR _ SIMILAR
DWELLING UNITS WHERE HE HAS RESIDED FOR A
PERIOD PRESCRIBED UNDER THIS SECTION.


“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 shall possess such
qualifications, may register as a voter. “

SEC. 2. Any person found guilty of violating the provision of this Act shall suffer
the same penalties imposed under Republic Act No. 8189.

SEC. 3. The Commission on Elections shall promulgate the necessary rules and
regulations to implement the provisions of this Act within sixty (60) days upon its
approval.

SEC. 4, This Act shall take effect upon its approval

Approved,