Election Law: Registration and Deactivation of Voters under the Context of Suffrage in the Philippines

I. Constitutional Foundation of Suffrage in the Philippines

The right to suffrage is enshrined in the 1987 Philippine Constitution under Article V, Section 1. It 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. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage."

Suffrage is not only a right but also a constitutional duty. It is exercised through the process of registration, voting, and the protection of the sanctity of the ballot.

II. Voter Registration

Voter registration is the process by which qualified citizens are enrolled in the list of voters maintained by the Commission on Elections (COMELEC). The registration of voters is governed primarily by Republic Act No. 8189, otherwise known as "The Voter’s Registration Act of 1996", along with the relevant provisions in the Omnibus Election Code.

A. Who May Register
As per Section 9 of Republic Act No. 8189, the following are the qualifications for a person to be registered as a voter:

Citizenship: Must be a Filipino citizen.
Age: Must be at least eighteen (18) years of age on or before the day of the election.
Residency: Must have resided in the Philippines for at least one (1) year and in the place where the voter intends to vote for at least six (6) months immediately preceding the election.
Not otherwise disqualified by law: Voters must not be disqualified by law from voting (such as certain criminal convictions or other legal restrictions).

B. Who Are Disqualified from Registering
According to Section 11 of R.A. 8189, the following persons are disqualified from registering as voters:

Those who have been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon or amnesty. However, any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon the expiration of five years after service of sentence.
Any person adjudged by final judgment by competent court or tribunal of having violated their allegiance to the Republic of the Philippines.
Insane or incompetent persons declared as such by competent authority.

C. Application for Registration
To register, a voter must personally file an application for registration with the Office of the Election Officer (OEO) of the city or municipality where they reside. The COMELEC, through its election officers, conducts a general registration or a continuing system of registration. The application must be submitted in person and may not be submitted by proxy or representative.

The application includes necessary details such as:

Full name, date, and place of birth.
Citizenship.
Civil status.
Residency.
A voter’s sworn statement that they possess all the qualifications and none of the disqualifications.

III. Deactivation of Registration

A. Grounds for Deactivation
Deactivation of voters is governed by Section 27 of R.A. 8189. A voter’s registration can be deactivated for the following reasons:

Failure to vote in two consecutive regular elections: A voter’s registration will be deactivated if they fail to vote in two successive regular elections (e.g., national and local elections). The COMELEC periodically conducts a verification process to update its voters' list.
Conviction by final judgment of crimes punishable by imprisonment of more than one year. However, voters automatically regain their right to vote five (5) years after serving their sentence, unless disqualified for other reasons.
Adjudged by final judgment to have committed an act of rebellion, sedition, violation of the firearms law, or any crime against national security.
Loss of citizenship: A person who has renounced Philippine citizenship or has become a citizen of another country will be deactivated.
Declaration of insanity or incompetence by competent authority.

B. Deactivation Process
The Election Registration Board (ERB) plays a crucial role in the deactivation of voters. The process usually follows these steps:

Verification: The ERB regularly reviews the voter registry and checks the records for voters who may be subject to deactivation (e.g., failure to vote or legal disqualification).
Notice: Voters whose registrations are subject to deactivation are notified by the COMELEC, through personal notice or publication, prior to deactivation. A hearing is set before the ERB to decide on the matter.
ERB Decision: The ERB decides on whether to approve or deny the deactivation. This decision is appealable before the COMELEC or the courts if any aggrieved party contests it.

IV. Reactivation of Registration

Deactivated voters may apply for reactivation of their registration records under Section 28 of R.A. 8189. The application is filed with the Office of the Election Officer of the city or municipality where the voter resides.

Grounds for Reactivation include:

Service of Sentence: If the voter’s registration was deactivated due to imprisonment or conviction of a crime, they may reapply for reactivation after the completion of their sentence, provided that five (5) years have passed since their release.
Voluntary or involuntary absence from two elections: A voter who was deactivated for failing to vote in two successive regular elections can reactivate their registration by applying to the ERB prior to the upcoming elections.
Return of Citizenship: Those who were deactivated due to loss of citizenship can apply for reactivation upon reacquisition of Filipino citizenship.
Cure of legal incompetence or insanity: Those who were declared insane or incompetent may apply for reactivation upon recovery and a formal court declaration affirming their capability to participate in elections.

V. Continuing Registration and System Updates

COMELEC is mandated under Section 8 of R.A. 8189 to conduct a continuing system of registration of voters. This is typically done during specific periods announced by COMELEC, but no registrations can be done during a period beginning 120 days before a regular election and 90 days before a special election.

During the registration period, the COMELEC can accommodate new voter registrations, reactivations, and transfer of voter records. The Biometrics System under R.A. 10367 requires all voters to have biometrics data captured, including fingerprints, photographs, and signatures, which are stored in the COMELEC database.

Failure to provide biometrics data will result in the deactivation of the voter’s registration.

VI. Judicial Review and Remedies

COMELEC decisions regarding registration, deactivation, and reactivation can be subject to judicial review. Aggrieved parties may file a petition before the COMELEC for reconsideration, or they can elevate the matter to the Supreme Court via a petition for certiorari on questions of law or jurisdiction.

Any decision or order of the COMELEC in relation to voter registration, deactivation, or reactivation must be based on the evidence presented during the hearing of the ERB.

VII. Conclusion

The processes of registration and deactivation of voters in the Philippines are crucial elements of the country’s election laws. Registration ensures that only qualified citizens are able to exercise the constitutional right of suffrage, while deactivation serves to maintain the integrity of the electoral process by excluding ineligible individuals from participating in elections. Both mechanisms work within the framework of due process and ensure that voters' rights are protected while preserving the credibility of elections.