Penalty for Failing to Vote in Two Consecutive Elections in the Philippines
A comprehensive legal overview
1. Constitutional background
- Article V, 1987 Constitution guarantees the right of suffrage to every qualified Filipino. Voting is not compulsory, but Congress may pass laws to “secure the secrecy and sanctity of the ballot.”
- That legislative power is exercised mainly through the Omnibus Election Code (Batas Pambansa Blg. 881, 1985) and, for registration matters, Republic Act No. 8189 (“The Voter’s Registration Act of 1996”).
2. Statutory basis of the “two-election” rule
| Statute | Key provision | Effect when a voter misses two successive regular elections |
|---|---|---|
| RA 8189, § 27(d) | “Failure to vote in the two (2) successive preceding regular elections as shown by their voting records” is a ground for de-activation of the voter’s registration. | COMELEC cancels the voter’s active status; name is removed from the certified list of voters (CLV). |
| RA 9189 (Overseas Absentee Voting Act), § 9 (j), as amended by RA 10590 | Same two-election rule for overseas voters (“national” elections refer to presidential–vice-presidential and senatorial contests). | COMELEC–OFOV marks the OAV record as “deactivated.” |
| Omnibus Election Code, § 115 (largely superseded by RA 8189) | Earlier version of the same rule; retained for historical continuity. | N/A in practice; RA 8189 procedures prevail. |
Important: Regular elections mean the constitutionally scheduled national and local polls occurring every three and six years (e.g., 2019 mid-terms, 2022 presidential/local, 2025 mid-terms). Barangay & Sangguniang Kabataan elections, plebiscites, recalls, and special elections are not counted for this purpose.
3. How de-activation works in practice
Data matching. After every regular election, the Information Technology Department of COMELEC compares the electronic Election Day Computerized Voter Lists (EDCVL) with the master database.
Draft list of names. Election Registration Boards (ERBs) prepare a list of registrants who:
- had no voting record for the immediately preceding two regular elections, and
- are not exempt (e.g., newly registered after the first missed election).
Notice & posting. The draft list is posted at the city/municipal COMELEC offices and in barangay halls at least 1 week before the ERB hearing. Individual notice is encouraged but not strictly required.
ERB hearing (quarterly). Registrants may object or show proof they actually voted (e.g., e-poll book logs). If no objection or proof is presented, the ERB orders deactivation.
Updating the CLV. The names are stricken from the precinct lists; voter IDs and Voter’s Certification become invalid.
Deactivation is administrative, not criminal. There is no fine, imprisonment, or civil liability—only loss of active voter status.
4. Consequences of de-activation
| Legal/Practical Area | Effect once de-activated |
|---|---|
| Voting rights | Cannot vote until re-activation or new registration. |
| Candidacy | Cannot file a certificate of candidacy because being a registered voter in the constituency is a qualification under the Constitution (Art. VI & X) and Local Government Code. |
| Party-list nominees | Must also be registered voters; deactivation disqualifies nomination. |
| Petitions & recall initiatives | Name will not be counted in determining required percentages. |
| Government clearances / IDs | COMELEC Voter’s Certification (often needed for passports, employment abroad) will not be issued. |
5. Pathways to re-activate
| Path | Who may use it | Core requirements | Cut-off |
|---|---|---|---|
| Reactivation under RA 8189 § 28 | Deactivated local voters | • Sworn Application for Reactivation (CEF-1R) • Any valid proof of identity • Biometrics capture if missing (per RA 10367) | Must be filed not later than 90 days before the next election. |
| Transfer with Reactivation | Voters who also moved residence | Same as above + proof of new address | Same cut-off. |
| Overseas voter Reactivation | OAVs under RA 9189/10590 | Application to the Philippine embassy/consulate or COMELEC-OFOV; may be done online during overseas registration period. | Registration period usually runs 18 months before a national election. |
After approval, the voter’s name is returned to the CLV and Precinct Finder, without losing the original Voter’s ID number.
6. Interaction with other de-activation grounds
- RA 10367 (Mandatory Biometrics) — failure to submit biometrics by 2016 also caused deactivation, independent of the two-election rule.
- Disqualification, death, declaration of insanity, or conviction of a crime involving disloyalty likewise deactivate a voter (§ 27 (a-c)).
- Reactivation cures only the “not voting” ground; legal disqualifications must be lifted separately (e.g., presidential pardon).
7. Jurisprudence & COMELEC issuances
| Case / Resolution | Gist |
|---|---|
| Ferrer v. COMELEC (G.R. 226370, 25 June 2019) | Supreme Court held that a prospective candidate whose registration had been deactivated for non-voting was ineligible to run; failure to prove timely reactivation voided the COC. |
| COMELEC Res. No. 10511 (11 Mar 2019) | Implemented the 2019 voters’ reactivation drive; clarified that the 2013 and 2016 polls counted as the two “successive” elections for 2019 deactivations. |
| COMELEC Res. Nos. 10190, 10551, 10874 | Series of guidelines on ERB hearings and publication requirements, including electronic posting on the COMELEC website. |
No Supreme Court decision has struck down the penalty as unconstitutional; courts consistently treat it as a reasonable regulation to keep the voter roll accurate.
8. Public-policy rationale
- Database hygiene. Many voters fail to inform COMELEC of death or migration; the non-voting test is an efficient proxy for “inactive” records.
- Fraud prevention. Limiting the roll to recent voters reduces opportunities for multiple voting or flying voters.
- Encouragement to participate. While voting remains voluntary, the mild inconvenience of reactivation nudges citizens to exercise suffrage regularly.
9. Practical tips for voters
- Check status early through COMELEC’s Precinct Finder or at the local office, especially if you skipped the last two polls.
- Observe registration calendars. Reactivation periods often close 5 months before Election Day.
- Bring proper IDs (passport, driver’s license, UMID, etc.) and any proof of past voting (if contesting deactivation).
- Overseas Filipinos can reactivate during field/mobile registrations conducted by embassies or via online systems when available.
10. Conclusion
Failing to vote in two straight regular Philippine elections results in a temporary, purely administrative penalty—deactivation of one’s voter registration. The rule, grounded in RA 8189 and mirrored for overseas voters in RA 9189/10590, is designed to keep the voter list current and to promote electoral participation. The sanction is readily reversible: a simple, sworn application during any registration period fully restores a voter’s rights, underscoring the balance the law strikes between safeguarding suffrage and maintaining an accurate electorate roll.