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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The Municipal and Metropolitan Trial Courts have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective cities or municipalities.
The process of voters’ inclusion/exclusion, as part of the voters’ registration process is provided and defined under the Omnibus Election Code, as amended by Republic Act No. 8189 otherwise known as the Voter’s Registration Act of 1996.
Voters’ inclusion/exclusion proceedings essentially involve the issue of whether a petitioner shall be included in or excluded from the list of voters based on the qualifications required by law and the facts presented to show possession of these qualifications. (Panlaqui v. Commission on Elections, G.R. No. 188671, February 24, 2010)
The process of voters’ inclusion/exclusion, as part of the voters’ registration process is provided and defined under the Omnibus Election Code, as amended by Republic Act No. 8189 otherwise known as the Voter’s Registration Act of 1996.
Republic Act No. 8189 otherwise known as The Voter’s Registration Act of 1996 provides for the jurisdiction of inclusion and exclusion cases.
Section 33 provides that the Municipal and Metropolitan Trial Courts shall have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective cities or municipalities.
Decisions of the Municipal or Metropolitan Trial Courts may be appealed by the aggrieved party to the Regional Trial Court within five (5) days from receipt of notice thereof. Otherwise, said decision shall become final and executory.
The regional trial court shall decide the appeal within ten (10) days from the time it is received and the decision shall immediately become final and executory. No motion for reconsideration shall be entertained.
Petition for Inclusion of Voters in the List
Any person whose application for registration has been disapproved by the Board or whose name has been stricken out from the list may file with the court a petition to include his name in the permanent list of voters in his precinct at any time except one hundred five (105) days prior to a regular election or seventy-five (75) days prior to a special election.
The petition shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the Board. The petition shall be decided within fifteen (15) days after its filing.
If the decision is for the inclusion of voters in the permanent list of voters, the Board shall place the application for registration previously disapproved in the corresponding book of voters and indicate in the application for registration the date of the order of inclusion and the court which issued the same. (Section 34, R.A. No. 8189)
Petition for Exclusion of Voters from the List
Any registered voters, representative of a political party or the Election Officer, may file with the court a sworn petition for the exclusion of a voter from the permanent list of voters giving the name, address and the precinct of the challenged voter at any time except one hundred (100) days prior to a regular election or sixty-five (65) days before a special election.
The petition shall be accompanied by proof of notice to the Board and to the challenged voter and shall be decided within ten (10) days from its filing.
If the decision is for the exclusion of the voter from the list, the Board shall, upon receipt of the final decision, remove the voter’s registration record from the corresponding book of voters, enter the order of exclusion therein, and thereafter place the record in the inactive file. (Section 35, R.A. No. 8189)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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