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Republic of the Philippines Te 7 21
HOUSE OF REPRESENTATIVES By: / 7

Quezon City, Metro Manila 7

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SEVENTEENTH CONGRESS LAS AND ROE aad |

HOUSE BILLNO.__ 462

Introduced by CIBAC Party List Representative
Sherwin Tugna

AN ACT
STRENGHTENING THE PROCEDURE FOR REGISTRATION OF VOTERS DURING
BARANGAY ELECTIONS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO.
8189, ALSO KNOWN AS THE “VOTER’S REGISTRATION ACT OF 1996”

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 1971 Constitutional Convention reveal
that the residence requirements of at least one (1) year in the Philippines and at least
six (6) months in the place where the voter proposed to vote must be followed strictly.

During barangay elections, vote buying is still a rampant practice. One way of
doing vote-buying is inducing voters who registered and voted in a particular city or
municipality during national or local elections to register anew in another city or
municipality so they can participate in the next barangay elections. Unless, the
barangay elections will take place at the same time with the national or local elections,
the widespread problem of vote-buying during barangay elections in the form of
inducing voters to register again in another city or municipality will continue even if they
have not complied with the 6-month residency requirement. If this problem is not
addressed, the sanctity of the ballots cast during barangay elections will always be
questionable.

Article V, Section 2 of the 1987 Constitution provides that the Congress shall
provide a system for securing the secrecy and sanctity of the ballot. The Omnibus
Election Code aims to protect the secrecy and sanctity of the ballots cast during
elections. However, the current provisions of the Omnibus Election Code and the
Voter's Registration Act of 1996, as well as the date when barangay elections are held,
provide opportunities for those running during barangay elections to take advantage of
the situation which allows them to engage in vote-buying by inducing voters who

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registered and voted in the previous national or local elections to register anew in
another city or municipality where they have not resided for at least six (6) months
immediately preceding the election, without penalty.

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. These amendments will be a
barangay anti-hakot bill.

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

win Tugna


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS:
FIRST REGULAR SESSION

HOUSE BILL NO. __ 462

Introduced by CIBAC Party-List Representative
Sherwin Tugna

AN ACT

STRENGHTENING THE PROCEDURE FOR REGISTRATION OF VOTERS DURING
BARANGAY ELECTIONS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO.
8189, ALSO KNOWN AS THE “VOTER’S REGISTRATION ACT OF 1996”

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

SECTION 1. Section 9 of R.A. 8189, is hereby amended to read as follows:

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Section 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] BARANGAY, CITY OR MUNICIPALITY, DISTRICT OR
PROVINCE, wherein they propose to vote, for at least six (6) months
immediately preceding the election, may register as a voter.

‘Any person who temporarily resides in another BARANGAY, city[,] OR
municipality, DISTRICT, PROVINCE or IN ANOTHER 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]
THE 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.


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SECTION 2. Section 12 of the same Act is hereby amended to read as follows:

Section 12. Change of Residence to Another City, [or] Municipality OR
BARANGAY. Any registered voter who has transferred residence to
another city [or], municipality OR BARANGAY may apply with the Election
Officer of [his] new residence for the transfer of [his] registration records.

NO TRANSFER OF RESIDENCE SHALL BE ALLOWED DURING THE
PERIOD STARTING ONE HUNDRED EIGHTY (180) DAYS BEFORE A
BARANGAY OR REGULAR ELECTION AND NINETY (90) DAYS
BEFORE A SPECIAL ELECTION.

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 COMMISSION FINDS THAT THERE IS A VIOLATION OF
ELECTIONS LAWS, IT SHALL EXERCISE ITS POWER TO
INVESTIGATE AND PROSECUTE.

SECTION 3. Section 13 of the same Act is hereby amended to read as follows:

Section 13. Change of Address in the Same Gity 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
PROVIDED IN SECTION 12, shall immediately notify the Election Officer
in writing. If the change of address involves a change in precinct, the
Board shall transfer [his] THE registration record to the [precinct] book of
voters of [his] THE new precinct and notify the voter of [his] THE new
precinct. All changes of address shall be reported to the office of the
provincial election supervisor and the Commission in Manila

SECTION 4. Section 24 of the same Act is hereby amended to read as follows:

Section 24. 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[/] OR
municipality and arranged alphabetically by surname so as to make the
file a replica of the books of voters in the possession of the Election
Officer. Thereafter, a national list shall be prepared following the
alphabetical arrangements of surnames of voters.


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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.

The computerized voters’ list shall make use of a single and uniform
computer program that will have a detailed storing 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 LIST OF VOTERS MUST BE UPDATED WITHIN
THREE (3) MONTHS FROM THE DAY OF REGULAR ELECTION AND
SHALL CONTAIN THE NAMES OF THE VOTERS WHO ACTUALLY
VOTED DURING THAT ELECTION, FOR PURPOSES OF THIS
SECTION, THE COMPUTER PROGRAM MENTIONED IN THE
PRECEDING PARAGRAPH SHALL INCLUDE THE DATE A
PARTICULAR REGISTERED VOTER LAST VOTED. THIS
INFORMATION MUST BE ACCESSIBLE TO ALL ELECTION
OFFICERS WHO ARE RESPONSIBLE FOR THE REGISTRATION OF
VOTERS.

SECTION 5. Separability Clause. - If any provision of this Act is declared invalid, the
other provisions not affected thereby shall remain valid.

SECTION 6. 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 7. 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,