COMELEC RULES AFTER FAILURE TO VOTE IN TWO ELECTIONS A Philippine‐Context Legal Article (updated to 10 June 2025)
I. Introduction
Cleaning the permanent list of voters has always been a statutory duty of the Commission on Elections (COMELEC). One of the most common grounds for deactivation of a voter’s registration record is failure to vote in two (2) consecutive regular elections. This article gathers, in one place, every pertinent rule, procedure, and nuance of that ground—including the Constitution, statutes, COMELEC resolutions, and jurisprudence—so that lawyers, election workers, and ordinary voters understand exactly what happens and how to remedy it.
II. Constitutional & Statutory Foundations
| Source | Key Provision | Effect |
|---|---|---|
| 1987 Constitution - Art. V, §1 & §2 | Gives Congress power to define qualifications & a “permanent list of voters.” | Basis for Congress to require continuing registration and to purge inactive names. |
| Republic Act (RA) 8189 – Voter’s Registration Act of 1996 | §27(b): failure to vote in two successive regular elections → deactivation of the registration record. §28–29: notice, hearing, and reactivation. |
Serves as the principal legal text on deactivation/reactivation. |
| RA 11585 (2022) – Setting the next Barangay & SK elections | Re-fixes dates but does not alter §27(b); the “two-election” rule remains unchanged despite postponements. | |
| RA 10590 – Overseas Voting Act of 2013 | §8(c): an overseas voter who fails to vote in two consecutive national elections is removed from the overseas registry, subject to re-registration. | |
| Omnibus Election Code (B.P. 881) | Art. XII §126 (cancellation distinct from deactivation). | Establishes difference between cancellation (permanent) & deactivation (temporary). |
III. What Counts as “Two Successive Regular Elections”?
- “Regular” election is one held on a date fixed by law, as opposed to a special election or plebiscite.
- National and Local Elections (NLE) held every three years always count. Example: 9 May 2022 and 12 May 2025 NLE.
- Barangay & Sangguniang Kabataan (SK) elections are also regular in the statutory sense (RAs 7160, 9340, 11462), so COMELEC normally counts them unless it issues a resolution stating otherwise for administrative convenience.
- Plebiscites and referenda, recall elections, and special elections do not count toward the two-election tally.
- Overseas voters: only presidential-/mid-term-level NLEs (every three years) are reckoned; barangay/SK do not apply abroad.
Practical rule of thumb: If a voter missed both the immediately-preceding national-and-local election and the most recent barangay/SK election (or the next NLE, whichever came first), expect deactivation.
IV. The Deactivation Procedure (RA 8189, §27-28; COMELEC Res. 10166, 10568, 10935)
Generation of list – Election Officers (EOs) extract from the precinct voting records those who had “ABSTAINED” in the last two regular polls.
Notice & Posting
- A preliminary list of voters subject to deactivation is posted for one week at the city/municipal hall, barangay hall, and the local COMELEC office.
- Individual mailed or courier notices “as far as practicable.”
ERB Hearing – The Election Registration Board (ERB) meets (3rd Monday of January, April, July, October) to hear oppositions.
ERB Resolution
- Approval = Voter’s record flagged “DEACTIVATED.”
- Disapproval = voter remains active.
Inclusion in the Certified List – Deactivated records are excluded from the project of precincts and the Computerized Voters’ List (CVL) for the next election.
A deactivated voter cannot:
- Vote (ballot will be denied by the precinct scanner).
- Serve as poll watcher, citizen arm worker, or election official where an active registration is required.
- Be issued a Voter’s Certification for NBI, passport or gun-license purposes.
V. Reactivation: How to Get Back on the List
| Requirement | Details |
|---|---|
| Personal Appearance | Applicant must personally file a sworn Application for Reactivation (C.E. Form ERB-RAA-1) at the local COMELEC office. |
| When | Any continuous registration period but not later than 90 days before the next election (Constitution, Art. V §1; RA 8189 §8). |
| Ground to show | Simply that the reason for deactivation “no longer exists,” i.e., the voter now intends to vote; no penalty or fee. |
| Processing | Automatically thunked to “REACTIVATED” at the next ERB hearing unless opposed for other grounds (death, transfer, etc.). |
| Biometrics | If the voter’s biometrics were previously incomplete (another deactivation ground under RA 10367), capture is done simultaneously. |
Tip: Because the ERB meets only quarterly, file early; otherwise the voter may still be inactive on election day.
VI. Special Categories & Nuances
Persons with Disability (PWD) & Senior Citizens
- Non-attendance due to mobility/health does not exempt them from the two-election rule, but COMELEC offices often conduct satellite reactivation drives in homes/institutions.
Overseas Filipinos
- Must re-file an OVF1 form at the Post/Embassy or any local COMELEC office when in the Philippines.
Detainee Voters
- Failure to vote in on-site special polling places equally tallies toward the two-election count.
Indigenous Peoples (IP) & Geographically Isolated Areas (GIDAs)
- Community-based reactivation missions are scheduled; nonetheless, non-voting still triggers deactivation.
Candidates
- Deactivated registrants cannot file Certificates of Candidacy (COC) because Section 12 of RA 8189 requires a “duly registered voter.”
VII. Jurisprudence & Advisory Opinions
| Case / Opinion | Gist |
|---|---|
| Akbayan Citizens Action Party v. COMELEC (G.R. No. 170060, 2007) | SC upheld COMELEC’s authority to purge inactive voters as part of its administrative power to enforce election laws. |
| In re Request of Commissioner Luie Tito F. Guia (COMELEC En Banc, Minute Res. 19-0435, 2019) | Clarified that barangay/SK elections count toward the §27(b) computation. |
| Domingo v. Commission on Elections (G.R. No. 208482, 16 Feb 2021) | Reiterated due process: failure to send personal notice does not void deactivation if posting & hearing requirements were followed. |
VIII. Policy Rationale
- Data Integrity – Dead, transferred, or uninterested voters inflate precinct population and open windows for fraud (e.g., vote padding through “flying voters”).
- Administrative Economy – Purged lists reduce ballot printing costs and queuing times.
- Voters’ Responsibility – Encourages civic engagement; registration is a privilege conditioned on participation.
IX. Common Misconceptions Debunked
- “I can’t be deactivated because I voted in a plebiscite.” Wrong. Plebiscites are not “regular elections.”
- “I must register all over again after deactivation.” Not exactly. File reactivation, not new registration; your precinct number is retained.
- “Failure to vote is an election offense with criminal liability.” False. Non-voting only results in administrative deactivation; there is no penalty or fine.
- “Overseas voters are exempt.” Incorrect. RA 10590 mirrors the two-election rule for them.
X. Practical Checklist for Reactivation (2025 Cycle)
- Mark the Calendar: Continuous registration and reactivation for the 12 May 2025 NLE runs 11 July 2024 – 13 February 2025.
- Bring Valid ID: Any government ID with photo and address.
- Sworn Application: C.E. Form provided onsite; affirm you will vote in 2025.
- Biometrics Capture: Prepare for fingerprint & live photo.
- Verify Status: Use the COMELEC Precinct Finder (https://precinctfinder.comelec.gov.ph) after ERB approval.
XI. Looking Ahead: Reform Proposals
- Shortening the deactivation period from two to one election (House Bill 9063, pending).
- Automatic reactivation upon active participation in any electoral exercise (advanced absentee voting, local plebiscites) rather than only “regular elections.”
- Digital notice via email/SMS to supplement physical posting, tested in COMELEC’s 2024 pilots.
- Data sharing with PSA & PSA’s Demographic Registry to strike deceased voters without waiting two elections.
XII. Conclusion
Failing to vote in two successive regular elections may feel like a mere lapse, but under Philippine law it automatically relegates a voter to “deactivated” status. Happily, the remedy is straightforward: personally apply for reactivation during any registration period and reclaim your place in the democratic roll. Understanding these rules ensures that voter lists remain credible while still respecting every citizen’s right to suffrage.
Key Take-away: Monitor your voter status after each election; if you see “DEACTIVATED,” act early—long before the 90-day registration freeze—to avoid losing your voice at the polls.