FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
• SEN~W 
S. No. 
1~45 
Introduced by Senator Miriam Defensor Santiago 
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, making a 
mockery of this residency requirement 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 high time 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." Hence, 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 in a 
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 
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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 
suffrage 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 is a Senate counterpart bill to one filed in the House of Representatives by Rep. 
Emilio C. Macias II.l 
~'-
4k·~~ ~y;t0 
~j MIRIAM DEF"\)NSOR SANTI.y.:rO 
I This was originally filed during the 14'h Congress 1" Regular Session 
2 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENA1.E 
S, No, 
1~45 
~. 
',"""'V"", 
/.,~., 
Introduced by Senator Miriam Defensor Santiago 
I 
AN ACT 
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REQUIRING PERSONS WHO MAY REGISTER AS VOTERS TO 
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PRESENT ANY PROOF OF LEGAL RESIDENCE, AMENDING FOR THE 
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PURPOSE REPUBLIC ACT NO, 8 189, OTHERWISE KNOWN AS THE VOTERS 
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REGISTRATION ACT OF 1996 AND PROVIDING PENALTIES THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Section 9 of Republic Act No. 8189 is hereby amended to read as follows: 
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"SEC. 9. Who May Register. - All citizens of the Philippines not otherwise 
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disqualified by law who are at least eighteen (18) years of age, and who shall have 
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resided in the Philippines for at least one (1) year, and in the place wherein they 
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propose to vote for at least six (6) months immediately preceding the election, 
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may register as a voter; PROVIDED, HOWEVER, THAT IN NO CASE SHALL 
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ANY PERSON RESIDING IN A PROPERTY BELONGING TO ANOTHER, 
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BE ALLOWED TO REGISTER WITHOUT PRESENTING ANY PROOF OF 
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LEGAL RESIDENCE ATTESTED BY THE PUNONG BARANGAY OF THE 
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PLACE WHEREIN HE PROPOSES TO VOTE; PROVIDED, FURTHER, 
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THAT THE PUNONG BARANGAY SHALL VERIFY AND KEEP THE 
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RECORD OF THE ACTUAL NUMBER OF RESIDENTS IN A PARTICULAR 
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PROPERTY OR DWELLING UNIT. 
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AS USED IN THIS SECTION, THE TERM PROOF OF LEGAL 
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RESIDENCE 
SHALL REFER TO A CERTIFICATION FROM THE 
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LANDOWNER OR LESSOR OF A RESIDENTIAL UNIT, APARTMENT, 
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CONDOMINIUM, DORMITORY OR SIMILAR DWELLING UNITS WHERE 
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HE HAS RESIDED FOR A PERIOD PRESCRIBED UNDER THIS SECTION. 
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• 
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Any person who temporarily resides in another city, municipality or 
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country solely by reason of his occupation, profession, employment in private or 
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public service, educational activities, work in the military or naval reservations 
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within the Philippines, service in the Armed Forces of the Philippines, the 
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National Police Forces, or confinement or detention in government institutions in 
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accordance with law, shall not be deemed to have lost his original residence. 
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Any person, who, on the day of registration may not have reached the 
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required age or period of residence but, who, on the day of the election shall 
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possess such qualifications, may register as a voter." 
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SECTION 2. Any person found guilty of violating the provision of this Act shall suffer 
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the same penalties imposed under Republic Act No. 8189. 
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SECTION 3. The Commission on Elections shall promulgate the necessary rules and 
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regulations to implement the provisions of this Act within sixty (60) days upon its approval. 
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SECTION 4. This Act shall take effect fifteen (15) days after its publication in at least 
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two (2) newspapers of general circulation. 
Approved, 
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