Introduction
In the Republic of the Philippines, the right to vote is a fundamental aspect of democratic participation, enshrined in the 1987 Constitution. Article V, Section 1 of the Constitution 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. To exercise this right, individuals must register as voters with the Commission on Elections (COMELEC), the constitutional body tasked with administering elections under Article IX-C of the Constitution.
Obtaining a Voter’s Identification Card (Voter’s ID) or a Voter Certification is essential for proving one's status as a registered voter. The Voter’s ID serves as an official identification document, while the Voter Certification acts as a temporary or alternative proof of registration, particularly useful in cases where the Voter’s ID has not yet been issued or has been lost. This article provides a comprehensive overview of the processes, requirements, and legal frameworks governing the acquisition of these documents, based on Philippine election laws, including Batas Pambansa Blg. 881 (Omnibus Election Code), Republic Act No. 8189 (Voter’s Registration Act of 1996), and subsequent COMELEC resolutions.
Legal Basis
The issuance of Voter’s IDs and Certifications is governed by several key laws and regulations:
Omnibus Election Code (Batas Pambansa Blg. 881): This establishes the framework for voter registration and identification, emphasizing the need for accurate voter lists to prevent fraud.
Voter’s Registration Act of 1996 (Republic Act No. 8189): This law mandates continuous voter registration and the use of biometrics to enhance security. It requires COMELEC to issue Voter’s IDs to all registered voters.
Republic Act No. 10367 (Biometrics Law): This amends RA 8189 by requiring biometric data (fingerprints, facial images, and signatures) for all voters, which is integral to the issuance of Voter’s IDs.
COMELEC Resolutions: Various resolutions, such as those on registration periods, satellite registrations, and the National Voter’s Registration System (NVRS), provide procedural details. For instance, COMELEC Resolution No. 10789 (as of recent updates) outlines guidelines for voter registration amid public health concerns.
Under these laws, COMELEC is mandated to maintain a computerized voters' list and issue identification to prevent multiple voting or impersonation. Failure to comply with registration requirements can result in disqualification from voting or legal penalties.
Eligibility Requirements
To qualify for voter registration, and subsequently for a Voter’s ID or Certification, an individual must meet the following criteria:
Citizenship: Must be a Filipino citizen by birth or naturalization. Dual citizens may register provided they renounce foreign allegiance as per Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act).
Age: At least 18 years old on or before the day of the election.
Residency: Must have resided in the Philippines for at least one year and in the city or municipality where they intend to vote for at least six months immediately preceding the election.
No Disqualifications: Not disqualified by final judgment for crimes involving moral turpitude, election offenses, or other grounds under Section 261 of the Omnibus Election Code. This includes individuals declared insane or incompetent by competent authority, unless subsequently declared competent.
Special considerations apply to certain groups:
Overseas Filipinos: Under Republic Act No. 9189 (Overseas Absentee Voting Act), as amended by RA 10590, overseas Filipinos can register at Philippine embassies, consulates, or designated COMELEC offices abroad.
Persons with Disabilities (PWDs) and Senior Citizens: Republic Act No. 10070 and RA 7432 (as amended) provide for accessible registration venues and priority assistance.
Indigenous Peoples: COMELEC accommodates cultural sensitivities through satellite registrations in remote areas.
Ineligible individuals include those serving sentences for crimes punishable by more than one year imprisonment, unless pardoned or granted amnesty.
Voter Registration Process
Voter registration is a prerequisite for obtaining a Voter’s ID or Certification. Registration is continuous but suspended 90 days before elections, as per RA 8189. The process involves:
Step 1: Preparation of Documents
Applicants must prepare:
Valid government-issued ID (e.g., passport, driver’s license, SSS/GSIS ID, postal ID, or barangay certification).
Proof of residence (e.g., utility bills, lease contracts, or barangay certificate).
For first-time voters: Birth certificate or baptismal certificate.
No fees are charged for registration.
Step 2: Application Submission
Where to Register: At the Office of the Election Officer (OEO) in the city or municipality of residence, or during satellite registrations in malls, schools, or public places announced by COMELEC.
Online Pre-Registration: COMELEC offers an online portal (iRehistro) for pre-filling forms, but physical appearance is required for biometrics.
Procedure:
- Fill out the Voter Registration Form (VRF) or Application for Registration (COMELEC Form No. 1).
- Submit to the Election Officer.
- Undergo biometrics capture: Digital photograph, fingerprints, and signature using the Voter Registration Machine (VRM).
Step 3: Approval and Verification
- The Election Registration Board (ERB), composed of the Election Officer, a public school official, and a local civil registrar representative, reviews applications quarterly.
- Approved applicants are included in the Computerized Voters' List (CVL).
- Denied applications can be appealed to the Regional Trial Court within 15 days.
Special Registration Processes
Transfer of Registration: For voters moving residences, file an Application for Transfer (COMELEC Form No. 1A) at the new OEO, providing proof of new residence. Transfers must be done at least 90 days before elections.
Reactivation: Inactive voters (those who failed to vote in two consecutive elections) must file an Application for Reactivation.
Correction of Entries: For errors in the CVL, submit an Application for Correction.
Deactivation and Purging: Voters may be deactivated for reasons like death, disqualification, or failure to vote. Reactivation follows the standard process.
Obtaining a Voter’s ID
Once registered, voters are entitled to a Voter’s ID under RA 8189. However, due to logistical challenges, not all registered voters receive it immediately.
Process:
Automatic Issuance: COMELEC prints and distributes Voter’s IDs in batches. Voters are notified via the OEO or public announcements when IDs are ready for claiming.
Claiming the ID:
- Visit the OEO with a valid ID.
- Sign the acknowledgment receipt.
- The Voter’s ID is a laminated card containing the voter’s name, photo, signature, precinct number, and biometric data.
Timeline: Issuance can take months to years due to backlogs. As of recent COMELEC efforts, priority is given to new registrants.
Lost or Damaged ID: File an Application for Issuance of Voter’s ID (COMELEC Form No. VID-1) with an affidavit of loss and pay a minimal fee (around PHP 25-75, subject to COMELEC rules).
The Voter’s ID is valid indefinitely unless canceled due to deactivation.
Obtaining a Voter Certification
A Voter Certification is an official document issued by COMELEC certifying an individual’s registration status, useful for transactions requiring proof of voter registration (e.g., government services, loans).
Process:
Application:
- Visit the OEO or COMELEC main office.
- Fill out the Request for Voter Certification form.
- Present valid ID.
Requirements:
- Proof of identity.
- Payment of fee (PHP 75 as per COMELEC Resolution No. 10088, or as updated).
Issuance: Issued on the same day or within a few days, containing details like voter number, precinct, and registration date.
Online Option: COMELEC’s website allows online requests for certification, with delivery options.
Certifications are valid for a specific period (usually one year) and can be renewed.
Special Considerations and Challenges
During Elections: Registration is suspended, but certifications can still be issued.
COVID-19 and Public Health Protocols: COMELEC implements health measures, including online appointments and mobile registrations.
Voter Education: COMELEC conducts information campaigns under RA 9006 (Fair Election Act) to promote registration.
Common Issues: Backlogs in ID issuance have led to reliance on certifications. Legal challenges, such as petitions for mandamus to compel issuance, have been filed in courts.
Penalties for Violations
Violations related to voter registration and identification are punishable under the Omnibus Election Code:
False Registration: Imprisonment of 1-6 years and disqualification from voting.
Multiple Registration: Considered an election offense, with penalties including fines up to PHP 100,000.
Misuse of ID or Certification: Forgery or alteration can lead to criminal charges under the Revised Penal Code.
COMELEC and law enforcement agencies monitor compliance to ensure election integrity.