2.

Citizens of the Philippines 

Sec. 1, Art. IV 
 
a. Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution;  
 
b. Those whose fathers or mothers are citizens of the Philippines; 
 
c. Those born before January 17, 1973, of Filipino mothers who elect Philippine citizenship upon
reaching the age of majority; and  
 
d. Those who are naturalized in accordance with law. 
i. Modes of Naturalization 
1. Direct: Citizenship is acquired by  
 Individual, through judicial or administrative proceedings;  
 Special act of legislature;  
 Collective change of nationality, as a result of cession or subjugation; or  
 In some cases, by adoption of orphan minors as nationals of the State where
they are born. 
 
2. Derivative: Citizenship conferred on 
 Wife of naturalized husband;  
 Minor children of naturalized person; or on the  
 Alien woman upon marriage to a national. 
 
ii. Doctrine of Indelible Allegiance: An individual may be compelled to retain his original
nationality even if he has already renounced or forfeited it under the laws of the second State
whose nationality he has acquired. 
 
iii. Petition for Judicial Declaration of Philippine Citizenship  
 
iv. Direct Naturalization under Philippine Laws: Under existing laws, there are three
modes by which an alien may become a Filipino citizen by naturalization: 
a. Judicial naturalization under CA 473, as  amended;   
  In a Petition for Naturalization, strict compliance with all statutory requirements is
necessary before an applicant may acquire Philippine citizenship by naturalization. The
absence of even a single requirement is fatal to an application for naturalization. In
naturalization proceedings, the burded of proof is upon the applicant to show full and
complete compliance with the requirements of the law.  (Republic v. Go Pei Hung, G.R.
No. 212785, April 4, 2018) 
 
The requirement of “some known lucrative trade, profession, or lawful; occupation means
not only that the person having the employment gets enough for his ordinary necessities
in life. It must be shown that the employment gives one an income such that there is an
appreciable margin of his income over expenses as to be able to provide for an adequate
support in the event of unemployment, sickness, or disability to work or thus avoid ones
becoming the object of charity or a public charge. In this case, Mahtani did not provide
any documentary evidence that would show his actual financial status, which would
support such finding. [In Re Mahtani vs. Republic, G.R. No. 211118 (2018)] 
 
b. Administrative naturalization under RA 9139 
RA 9139 is an act providing for the acquisition of Philippine citizenship for 1) aliens born
in the Philippines and 2) residing therein since birth by administrative naturalization
subject to certain requirements dictated by national security and interest. RA 9139 was
enacted as a remedial measure intended to make the process of acquiring Philippine
citizenship less tedious, less technical and more encouraging. It also addresses the
 concerns of degree holders who, by reason of lack of citizenship requirement, cannot
practice their profession, thus promoting "brain drain for the Philippines. (So v.
Republic, G.R. No 170603, January 29, 2007) 
 
c. Legislative naturalization 
Both a mode of acquiring and reacquiring citizenship. This is discretionary on Congress;
usually conferred on an alien who has made outstanding contributions to the country.  
 
v. Effects of Naturalization 
1. vests citizenship on wife if she herself may be lawfully naturalized 
2. minor children born in the RP before the naturalization shall be considered citizens of the
RP 
3. minor children born outside the Philippines who was residing in the RP at the time of
naturalization shall be considered a Filipino citizen 
4. minor children born outside the RP before parent’s naturalization shall be considered
Filipino citizens only during minority, unless he begins to reside permanently in the
Philippines 
5. child born outside the RP after parent’s naturalization shall be considered a
Filipino, provided that he registers as such before any Philippine consulate within one year
after attaining majority age, and takes his oath of allegiance 
 
vi. Denaturalization 
GROUNDS: 
1. Naturalization certificate is obtained fraudulently or illegally 
2. If, within 5 years, he returns to his native country or to some foreign country and
establishes residence there; provided, that 1-year stay in native country, or 2-year stay in a
foreign country shall be prima facie evidence of intent to take up residence in the same 
3. Petition was made on an invalid declaration of intention 
4. Minor children failed to graduate through the fault of the parents either by neglecting to
support them or by transferring them to another school 
5. Allowed himself to use as a dummy 
 
3. Natural-born Citizens 
Natural-born citizens are those who are citizens of the Philippines from birth without having to perform
any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in
accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.  (Sec. 2, Art.
IV)    
 
As a matter of law, foundlings are as a class, natural-born citizens. That Foundlings are automatically
conferred with the natural-born citizenship as to the country where they are being found, as covered and
supported by the UN Convention Law. (Poe-Llamanzares vs. COMELEC, G.R. Nos. 221697 & 22169
(2016)) 
 
Although the laws were silent as to the inclusion of foundlings, there is no restrictive language which
would definitely exclude foundlings either. Court held that the framers of the constitution always had to
intention to include them but just did not include them; not because they were not citizens, but rather their
numbers were not enough to merit specific mention. (David vs. SET, G.R. No. 221538, 2016) 
 
4. Loss and Reacquisition of Philippine citizenship  
LOSS OF CITIZENSHIP  RE-ACQUISITION OF CITIZENSHIP 
a. Naturalization in a foreign country [C.A. a. Naturalization [C.A. 63 and C.A. 473]: Now an
63, sec.1(1)];  abbreviated process, no need to wait for 3 years (1 year
b. Express renunciation or expatriation for declaration of intent, and 2 years for the judgment to
[Sec.1(2), CA 63];  become executory) 
c. Taking an oath of allegiance to another b. Repatriation: results in the recovery of the
country upon reaching the age of majority;  original nationality. Therefore, if he is a natural-born
d. Marriage by a Filipino woman to an citizen before he lost his citizenship, he will be restored
alien, if by the laws of her husband’s country, to his former status as a natural-born Filipino [Bengson
she becomes a citizen thereof.  III v. HRET, G.R. No. 142840 (2001)]. 
e. Accepting a commission and serving in  
the armed forces of another country, unless Mere filing of certificate of candidacy is not a
there is an offensive/defensive pact with the sufficient act of repatriation. Repatriation requires an
country, or it maintains armed forces in RP with express and equivocal act [Frivaldo v. COMELEC,
RP’s consent;  G.R. No. 120295(1989)]. 
f. Denaturalization;   
g. Being found by final judgment to be a In the absence of any official action or approval by
deserter of the AFP  proper authorities, a mere application for repatriation
  does not, and cannot, amount to an automatic
General Rule: Expatriation is a constitutional reacquisition of the applicant’s Philippine citizenship
right. No one can be compelled to remain a [Labo v. COMELEC, G.R. No, 86564 (1989)]. 
Filipino if he does not want to [Go Julian v.  
Government, G.R. No. 20809 (1923)].  c. Legislative Act: Both a mode of acquiring and
  reacquiring citizenship 
Exception: A Filipino may not divest himself of
Philippine citizenship in any manner while the
Republic of the Philippines is at war with any
country [C.A. 63, sec. 1(3)]. 
 
Loss of Philippine citizenship cannot be
presumed. Considering the fact that admittedly,
Osmeña was both a Filipino and an American,
the mere fact that he has a certificate stating that
he is an American does not mean that he is not
still a Filipino, since there has been NO
EXPRESS renunciation of his Philippine
citizenship [Aznar v. COMELEC, G.R. No.
83820(1995)]. 

RA 8171 
RA No. 8171, which lapsed into law on October 23, 1995, is an act providing for the repatriation (a) of
Filipino women who have lost their Philippine citizenship by marriage to aliens and (b) of natural-born
Filipinos who have lost their Philippine citizenship on account of political or economic necessity, including
their minor children [Angat v. Republic, GR No. 132244, September 14, 1999]. Included in the second
group are minor children at the time of repatriation and does not include one who is no longer minor at the
time of his repatriation or one who lost his Philippine citizenship by operation of law. The loss of Philippine
citizenship must be on account of political or economic necessity and not by operation of law such as
derivative naturalization, or for the purpose of avoiding deportation and prosecution in the US  (Tabasa v.
CA, 500 SCRA 9). 
 
Repatriation as a mode of reacquiring Philippine citizenship does not require the filing of a petition in
court. All that an applicant had to do is to take an oath of allegiance to the Republic of the Philippines and
registering said oath in the Local Civil Registry of the place where the person concerned resides or last
resided [Angat, supra]. In addition thereto, registration of the Certificate of Repatriation in the Bureau of
Immigration is a prerequisite in effecting the repatriation of a citizen [Altarejos v. COMELEC, 441 SCRA
655]. But in Tabasa, supra, the Supreme Court ruled that a petition for repatriation shall be filed with the
Special Committee on Naturalization (SCN) which was designated to process petitions for repatriation
pursuant to AO 285 dated August 22, 2006. 
 
RA 9225 
Retention of Philippine Citizenship: Any provision of law to the contrary notwithstanding, natural-born
citizens of the Philippines ❣who have lost their Philippine citizenship by reason of their naturalization as
citizens of a foreign country are hereby deemed to have reacquired Philippine citizenship upon taking the
following oath of allegiance to the Republic: xxx Natural-born citizens of the Philippines who, after the
effectivity of this Act, become citizens of a foreign country shall retain their Philippine citizenship upon
taking the aforesaid oath.  
 
Derivative Citizenship: The unmarried child, whether legitimate, illegitimate or adopted, below eighteen
(18) years of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be
deemed citizens of the Philippines.  
 
Civil and Political Rights and Liabilities: Those who retain or re-acquire Philippine citizenship under
this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities
under existing laws of the Philippines and the following conditions: 
1. Those intending to exercise their right of suffrage must meet the requirements under Sec.
1, Art. V of the Constitution, RA 9189, otherwise known as "The Overseas Absentee Voting
Act of 2003" and other existing laws; 
2. Those seeking elective public office in the Philippines shall meet the qualifications for
holding such public office as required by the Constitution and existing laws and, at the time of
the filing of the certificate of candidacy, make a personal and sworn renunciation of any and
all foreign citizenship before any public officer authorized to administer an oath;  
3. Those appointed to any public office shall subscribe and swear to an oath of allegiance to
the Republic of the Philippines and its duly constituted authorities prior to their assumption of
office: provided, that they renounce their oath of allegiance to the country where they took
that oath;  
4. Those intending to practice their profession in the Philippines shall apply with the proper
authority for a license or permit to engage in such practice; and  
5. That right to vote or be elected or appointed to any public office in the Philippines cannot
be exercised by, or extended to, those who: a. are candidates for or are occupying any public
office in the country of which they are naturalized citizens; and/or b. are in active service as
commissioned or noncommissioned officers in the armed forces of the country in which they
are naturalized citizens. 
 
Repatriation Under RA 9225: allows former natural-born Filipino citizens who have lost their Philippine
citizenship by reason of their naturalization as citizens of a foreign country to reacquire Filipino
citizenship. It also allows Filipino citizens to retain their Filipino citizenship even if they acquire another
citizenship in a foreign country. Retention or reacquisition is accomplished by simply taking the oath of
allegiance as prescribed by RA 9225. The required oath of allegiance does not contain the usual
renunciation of allegiance to any and all other states, thereby impliedly allowing continued allegiance to
the adopted state. The usual absolute renunciation is, however, required from those seeking public
elective office or appointed to public office in the Philippines. Likewise, under the principle of derivative
citizenship, the unmarried child, whether legitimate, illegitimate or adopted, below 18 years of age, of
those who re-acquire Philippine citizenship upon the effectivity of RA 9225, shall be deemed citizens of
the Philippines. 
 
RA 9225 NOT violative of Section 5 of Article IV of the Constitution prohibiting dual
allegiance: Section 5 of Article IV of the Constitution is a mere declaration of policy and it is not a self-
executing provision. The legislature still has to enact the law on dual allegiance. In Section 2 and 3 of RA
9225, the framers were not concerned with dual citizenship, per se, but with the status of naturalized
citizens who maintain their allegiance to their countries of origin even after their naturalization. Congress
was given a mandate to draft a law that would set specific parameters as to what really 
 
In fine, for those who were naturalized in a foreign country, they shall be deemed to have reacquired their
Philippine citizenship which was lost pursuant to CA 63, under which naturalization in a foreign country is
one of the ways by which Philippine citizenship may be lost. As its title declares, R.A. 9225 amends CA
63 by doing away with the provision in the old law which takes away Philippine citizenship from natural-
born Filipinos who become naturalized citizens of other countries and allowing dual citizenship, and
also provides for the procedure for reacquiring and retaining Philippine citizenship. In the case of those
who became foreign citizens after R.A. 9225 took effect, they shall retain Philippine citizenship despite
having acquired foreign citizenship provided they took the oath of allegiance under the new law.  (David
vs. Agbay, G.R. No. 199113, March 18, 2015) 
 
5. Citizens who Marry Aliens to Retain Citizenship, Unless Renounced 
Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission
they are deemed, under the law to have renounced it. (Sec. 4, Art. IV) 
 
6. Dual Allegiance is Inimical to National Interest 
Dual allegiance of citizens is inimical to the national interest and shall be dealt  with by law. (Sec. 5, Art.
IV) 
 
Dual Citizenship: Allows a person who acquires foreign citizenship to simultaneously enjoy the rights he
previously held as a Filipino citizen. This is completely voluntary, and results in the application of different
laws of two or more states to a dual citizen. 
 
Dual Allegiance  
a. Aliens who are naturalized as Filipinos but remain loyal to their country of origin;  
b. Public officers who, while serving the government, seek citizenship in another country. 
 
Dual citizenship v. Dual Allegiance 
DUAL CITIZENSHIP  DUAL ALLEGIANCE 
Dual citizenship arises when, as a result of the Dual allegiance on the other hand, refers to a situation
concurrent application of the different laws of two in which a person simultaneously owes, by some
or more states, a person is simultaneously positive acts, loyalty to two or more states. While dual
considered a national by the said states. For citizenship is voluntary, dual allegiance is the result of
instance, such a situation may arise when a an individual’s volition. (Mercado vs. Manzano, 307
person whose parents are citizens of a state SCRA 630, May 29, 1999) 
which adheres to the principle of jus sanguinis is  
born in a state which follows the doctrine of jus
soli. Such person, ipso facto and without any
voluntary act on his part, is concurrently
considered a citizen of both states. 
 
“Dual citizens” are disqualified from running for any elective local position [Sec. 40(d), Local Government
Code]; this should be read as referring to “dual allegiance.” 
 
Once a candidate files his candidacy, he is deemed to have renounced his foreign citizenship in case of
dual citizenship [Mercado v. Manzano, G.R. No. 135083(1999)] 
 
Clearly, in including Sec. 5 in Article IV on citizenship, the concern of the Constitutional Commission was
not with dual citizens per se but with naturalized citizens who maintain their allegiance to their countries of
origin even after their naturalization. Hence, the phrase “dual citizenship” in R.A. No. 7160, sec. 40(d) and
in R.A. No. 7854, sec. 20 must be understood as referring to “dual allegiance.” 
 
Consequently, persons with mere dual citizenship do not fall under this disqualification. For candidates
with dual citizenship, it should suffice if, upon the filing of their certificates of candidacy, they elect
Philippine citizenship to terminate their status as persons with dual citizenship considering that their
condition is the unavoidable consequence of conflicting laws of different states. 
 H. DELEGATION OF POWERS 
1. General Rule 
Potestas  delegata  non  potest delegare  (what has been delegated, cannot be delegated) 
 
2. Exceptions to the Rule (Permissible Delegation)  
The exceptions to the general rule of potestas delegata non potest delegare are:  
a. delegation of tariff powers to the President under Section 28(2), Art. VI, Consti;  
b. delegation of emergency powers to President under Section 23(2), Art. VI, Constitution;  
c. delegation to the people at large;  
d. delegation to the local governments; and  
e. delegation to administrative bodies. (Abakada Guro, supra) 
 
As an exception to the non-delegation of legislative power is sanctioned by immemorial practice permits
the legislative body to delegate its licensing power to certain persons, municipal corporations, towns,
boards, councils, commissions, commissioners, auditors, bureaus, and directors. Such licensing power
includes the power to promulgate necessary rules and regulations. Still, to validly exercise their quasi-
legislative powers, administrative agencies must comply with the two (2) tests: 1) completeness test; and
2) sufficient standard test. Here, Congress has historically delegated to chief of police force the power to
approve or disapprove applications for license to possess or deal with firearms. Thus, the penal
provision found in the IRR of RA 10591 issued by Chief of PNP is valid considering that the said provision
is a carbon copy of the law in which it was based. (Acosta, supra) 
 
a. Delegation to the People 
Legislative power, where vested: Congress of the Philippines, which shall consist of a Senate and a
House of Representatives, except to the extent reserved to the people by the provision on initiative and
referendum Sec. 1, Art. VI, Consti.) 
 
System of Initiative and Referendum: The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and
enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative
body after the registration of a petition therefor signed by at least ten per centum of the total number of
registered voters, of which every legislative district must be represented by at least three per centum of
the registered voters thereof. (Sec. 32, Art. VI, Consti.) 
 
Creation, division, merger, abolition or substantial alteration of the boundary of province, city, municipality
or barangay is subject to the criteria established in the Local Government Code and approval by a
majority of the votes cast in a plebiscite in the political units directly affected. (Sec. 10, Art. X, Consti.) 
 
Amendments to the Constitution may be directly proposed by the people through initiative upon a petition
of at least 12% of the total number of registered voters, of which every legislative district must be
represented by at least 3% of the registered voters therein. No amendment under this section shall be
authorized within 5 years following the ratification of the Constituion nor oftener than once every 5 years
thereafter. (Sec. 2, Art. XVIII, Consti.) 
 
Initiative is the power of the people to propose amendments to the Constitution or to propose and enact
legislations through an election called for the purpose. (Sec. 3(a), RA 6735) 
 
(3) System of Initiative: 
1. Initiative on the Constitution- petition proposing amendments to the Constitution 
2. Initiative on statutes- petition proposing to enact a national legislation; and 
3. Initiative on local legislation- petition proposing to enact a regional, provincial, city,
municipal, or barangay law, resolution or ordinance (Id.) 
 
Who May Exercise the Power of Initiative and Referendum: ALL registered voters of the country,
autonomous regions, provinces, cities, municipalities and barangays (Sec. 4, RA 6735) 
 
Requirements to Exercise the Power of Referendum or Initiative:  
1. At least 10% of the total number of registered voters 
2. Every legislative district is represented by at least 3% of the registered voters thereof 
3. Sign the petition 
4. Register the petition with the COMELEC (Sec. 5(a), RA 6735) 
 
Requirements in Petition for Initiative on the 1987 Constitution: 
1. At least 12% of the total number of registered voters as signatories; 
2. Every legislative district must be represented by at least 3% nted by at least 3% of the
registered voters therein 
3. May be exercised only after 5 years from the ratification of the 1987 Constitution and only
once every 5 years thereafter (Sec. 5(b), RA 6735) 
 
Contents of the Petition for Initiative or Referendum: 
1. contents or text of the proposed law sought to be enacted, approved or rejected,
amended or repealed, as the case may be; 
2. the proposition; 
3. the reason or reasons therefor; 
4. that it is not one of the exceptions provided herein; 
5. signatures of the petitioners or registered voters; and 
6. abstract or summary proposition in not more than 100 words which shall be legibly written
or printed at the top of every page of the petition (Section 5(c), RA 6735) 
 
Requirements for Referendum or Initiative Affecting a Law, Resolution, or Ordinance Passed by
Legislative Asembly of Autonomous Regions, Province or City: 
1. Signed by at least 10% of registered voters in province or city 
2. Every legislative district of said province or city must be represented by at least 3% of the
registered voters therein 
3. If a city or province is composed of only 1 legislative district, then at least each
municipality in a province or each barangay in a city should be represented by at least 3% of
the registered voters therein (Sec. 5(d), RA 6735) 
 
Requirements for Referendum or Initiative on Ordinance Passed in Municipality: 
1. Signed by at least 10% of the registered voters in the municipality; 
1. Every barangay in said municipality must be represented by at least 3% of the registered
voters therein (Sec. 5(e), RA 6735) 
 
Requirements for Referendum or Initiative on Barangay Resolution or Ordinance: 
1. Signed by at least 10% of the registered voters in said barangay. (Sec. 5(f), RA 6735) 
 
b. Emergency Powers to the President  
In times of war or other national emergency, the Congress may, by law, authorize the President, for a
limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and
proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress,
such powers shall cease upon the next adjournment thereof. (Sec. 23 (2), Art. VI, Consti.) 
 
Generally, Congress is the repository of emergency powers as enunciated in Sec. 23(2), Art. VI of
Constitution, authorizing it to delegate such powers to the President subject to the certain conditions: 
1. War or other emergency; 
2. Delegation must be for a limited period only; 
3. Delegation must be subject to such restrictions as the Congress may prescribe; and 
4. Emergency powers must be exercised to carry out a national policy declared by
Congress. (David vs. Macapagal-Arroyo, G.R. No. 171396;  2006) 
 
c. Tariff Powers to the President 
Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations
and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and
other duties or imposts within the framework of the national development program of the
Government. (Sec. 28 (2), Art. VI) 
 
d. Delegation to Local Government Units (LGUs) 
See Local Governments, infra 
 
e. Delegation to Administrative Agencies 
See Administrative Law, infra 
 
3. Tests for Valid Delegation 
a. Completeness Test 
Law must be complete in all essential terms and conditions when it leaves the legislature so that there be
nothing left for the delegate to do when it reaches him except to enforce it 
 
b. Sufficient Standard Test 
Intended to map out the boundaries of delegate’s authority by defining the legislative  policy indicating the
circumstances under which it is to be pursued and effected 
 
An administrative agency cannot enlarge, alter, or restrict a provision of law. It cannot add to the
requirements provided by law. To do so constitutes lawmaking, which is generally reserved to the
Congress. There are 2 tests for valid delegation: (1) completeness test; and (2) sufficient standard
test. The first test requires the law to be complete in all its terms and conditions, such that the only thing
the delegate will have to do is to enforce it. The sufficient standard test requires adequate guidelines or
limitations in the law that map out the boundaries of the delegate's authority and canalize the
delegation. Here, RA 9504 has given a definite criteria for what constitutes as a Minimum Wage Earner
(MWE) and the IRR issued by Secretary of Finance cannot change this by stating that a MWE who
receives 13th month pay and other benefits in excess of Php30,000 cannot be considered as
MWE. (Soriano vs. Secretary of Finance, G.R. No. 184450 (2017)) 
 

1. Qualifications and Disqualifications 

Qualifications. 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. (Sec. 1, Art. V, 1987 Constitution) 
Disqualifications. (Sec. 118, OEC)  - The following shall be disqualified from voting: 
 
a. Any person who has been sentenced by final judgment to suffer imprisonment for not
less than one year, such disability not having been removed by plenary pardon or granted
amnesty: Provided, however, That any person disqualified to vote under this paragraph shall
automatically reacquire the right to vote upon expiration of five years after service of
sentence. 
 
b. Any person who has been adjudged by final judgment by competent court or tribunal of
having committed any crime involving disloyalty to the duly constituted government such as
rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against
national security, unless restored to his full civil and political rights in accordance with law:
Provided, That he shall regain his right to vote automatically upon expiration of five years
after service of sentence. 
 
 c. Insane or incompetent persons as declared by competent authority. 
2. Registration 
 
Registration refers to the act of accomplishing and filing of a sworn application for registration by a
qualified voter before the election officer of the city or municipality wherein he resides and including the
same in the book of registered voters upon approval by the Election Registration Board; 
(Secs. 3 (a). RA 8189) 
 
System of Continuing Registration of Voters. The personal filing of application of registration of voters
shall be conducted daily in the office of the Election Officer during regular office hours. No registration
shall, however, be conducted during the period starting one hundred twenty (120) days before a regular
election and ninety (90) days before a special election. 
(Sec. 8, RA 8189,  The Voter’s Registration Act of 1996) 
 
Who may Register. (Sec. 9, RA 8189)  All citizens of the Philippines not otherwise disqualified by law
who are at least eighteen (18) years of age, and who shall have resided in the Philippines for at least one
(1) year, and in the place wherein they propose to vote, for at least six (6) months immediately preceding
the election, may register as a voter. 
 
Any person who temporarily resides in another city, municipality or country solely by reason of his
occupation, profession, employment in private or public service, educational activities, work in the military
or naval reservations within the Philippines, service in the Armed Forces of the Philippines, the National
Police Forces, or confinement or detention in government institutions in accordance with law, shall not be
deemed to have lost his original residence. 
 
Any person, who, on the day of registration may not have reached the required age or period of residence
but, who, on the day of the election shall possess such qualifications, may register as a voter.  
 
Disqualification. (Sec.11, RA 8189) The following shall be disqualified from registering: 
a. Any person who has been sentenced by final judgment to suffer imprisonment of not less
than one (1) year, such disability not having been removed by plenary pardon or amnesty:
Provided, however, That any person disqualified to vote under this paragraph shall
automatically reacquire the right to vote upon expiration of five (5) years after service
of sentence; 
 
b. Any person who has been adjudged by final judgment by a competent court or tribunal of
having committed any crime involving disloyalty to the duly constituted government such as
rebellion, sedition, violation of the firearms laws or any crime against national security, unless
restored to his full civil and political rights in accordance with law: Provided, That he shall
automatically reacquire the right to vote upon expiration of five (5) years after service of
sentence; and 
 
c. Insane or incompetent persons declared as such by competent authority unless
subsequently declared by proper authority that such person is no longer insane or
incompetent. 
Change of Residence to Another City or Municipality. (Sec. 12, RA 8189). Any registered voter who
has transferred residence to another city or municipality may apply with the Election Officer of his new
residence for the transfer of his registration records. 
The application for transfer of registration shall be subject to the requirements of notice and hearing and
the approval of the Election Registration Board, in accordance with this Act. Upon approval of the
application for transfer, and after notice of such approval to the Election Officer of the former residence of
the voter, said Election Officer shall transmit by registered mail the voter’s registration record to the
Election Officer of the voter’s new residence. 
Change of Address in the Same City or Municipality. Any voter who has changed his address in the
same city or municipality shall immediately notify the Election Officer in writing. If the change of address
involves a change in precinct, the Board shall transfer his registration record to the precinct book of voters
of his new precinct and notify the voter of his new precinct All changes of address shall be reported to the
office of the provincial election supervisor and the Commission in Manila. (Sec. 13, RA 8189) 
Illiterate or Disabled Applicants. Illiterate of PWD voters may register with the assistance of the
Election Officer or any member of an accredited citizen’s arms; application for registration may be
prepared by any relative within the  fourth (4th) civil degree of consanguinity or affinity by the Election
Officer or any member of an accredited citizen’s arms using the date supplied by the applicant. (Sec. 14,
RA 8189) 
Election Registration Board.  (Sec. 15, RA 8189) There shall be in each city and municipality as many
as Election Registration Boards as there are election officers therein. In thickly populated
cities/municipalities, the Commission may appoint additional election officers for such duration as may be
necessary. 
The Board shall be composed of the Election Officer as chairman and as members, the public school
official most senior in rank and the local civil registrar, or in this absence, the city or municipal treasurer. 
In case of disqualification of the Election Officer, the Commission shall designate an acting Election
Officer who shall serve as Chairman of the Election Registration Board. In case of disqualification or non-
availability of the Local Registrar or the Municipal Treasurer, the Commission shall designate any other
appointive civil service official from the same locality as substitute. 
No member of the Board shall be related to each other or to any incumbent city or municipal elective
official within the fourth civil degree of consanguinity or affinity. If in succeeding elections, any of the
newly elected city or municipal officials is related to a member of the board within the fourth civil degree of
consanguinity or affinity, such member is automatically disqualified to preserve the integrity of the Election
Registration Board. 
Every registered party and such organizations as may be authorized by the Commission shall be entitled
to a watcher in every registration board. 
Challenges to Right to Register. ( Sec. 18, RA 8189)  Any voter, candidate or representative of a
registered political party may challenge in writing any application for registration, stating the grounds
therefor. The challenge shall be under oath and be attached to the application, together with the proof of
notice of hearing to the challenger and the applicant. 
Oppositions to contest a registrant’s application for inclusion in the voter’s list must, in all cases, be filed
not later than the second Monday of the month in which the same is scheduled to be heard or processed
by the Election Registration Board. Should the second Monday of the month fall on a non-working
holiday, oppositions may be filed on the next following working day. The hearing on the challenge shall be
heard on the third Monday of the month and the decision shall be rendered before the end of the month. 
Persons with Disabilities refer to qualified voters who have long-term physical, mental, intellectual or
sensory impairments which in interaction with various barriers may hinder their full and effective
participation in the electoral processes on an equal basis with others. ( Sec. 2 (b), RA 10366, An Act
Authorizing the Commission on Elections to Establish Precints Assigned to Accessible Polling Places
Exclusively for Persons with Disabilities and Senior Citizens) 
Senior Citizens refer to qualified voters who are sixty (60) years or older.(Sec. 2(c), RA 10366) 
Special registration refers to registration conducted in established satellite offices by a special
registration team designated by the Commission. It exclusively caters to first time person with disability
and senior citizen registrants residing outside the area of jurisdiction of the regular Election Officer
conducting the satellite registration. (Sec. 2(i), RA 10366) 
Accessible polling place refers to the venue where the Board of Election Inspectors (BEIs) conducts
election-related proceedings and where the voters cast their votes. The accessible polling place shall he
located at the ground floor, preferably near the entrance of the building, and is free of any  physical
barriers and provided with necessary services, including assistive devices. (Sec. 2(j), RA 10366) 
Section Registration and Updating of Records.(  Sec. 6, RA 10366)  In designing the forms, the
Commission must ensure that persons with disabilities and senior citizens applying for registration,
reactivation, transfer, or correction of entry indicate the type(s) of disability, as well as the form(s) of
assistance needed. 
Persons with disabilities and senior citizens who have previously registered but have not indicated the
type of disability, or who may have developed or manifested such disability after having been registered,
shall be allowed, during the periods to file applications for registration, to update their registration records,
and to indicate the type of disability as well as the form of assistance they need during election day. The
Commission may design registration forms specifically for persons with disabilities and senior citizens, or
issue supplemental forms for the said purpose, and provide for procedures to be followed by those who
need to update their registration records. 
Biometrics refers to the quantitative analysis that provides a positive identification of an individual such
as voice, photograph, fingerprint, signature, iris and/or such other identifiable features. (Sec. 2(b), RA
10367, An Act  Providing for Mandatory Biometrics Voter Registration) 
Who Shall Submit for Validation.  – Registered voters whose biometrics have not been captured shall
submit themselves for validation. (Sec. 3, RA 10367) 
Deactivation. Voters who fail to submit for validation on or before the last day of filing of application for
registration for purposes of the May 2016 elections shall be deactivated pursuant to this Act.  (Sec. 7, RA
10367) 
Reactivation. Those deactivated under the preceding section may apply for reactivation after the May
2016 elections following the procedure provided in Section 28 of Republic Act No. 8189. ( Sec.  8, RA
10367) 
Database Security. The database generated by biometric registration shall be secured by the
Commission and shall not be used, under any circumstance, for any purpose other than for electoral
exercises. (Sec. 9, RA 10367) 
Mandatory Biometrics Registration. – The Commission shall implement a mandatory biometrics
registration system for new voters. (Sec. 10, RA 10367) 
The act of registration is an indispensable precondition to the right of suffrage. For registration is part and
parcel of the right to vote and an indispensable element in the election process. (Akbayan-Youth vs.
COMELEC, supra) 
 
Registration regulates the exercise of the right of suffrage. It is not a qualification for such right.  In order
that a qualified elector may vote in any election, plebiscite or referendum, he must be registered in the
permanent list of voters for the city or municipality in which he resides.  The penalty of deactivation, as
well as the requirement of validation, neutrally applies to all voters. (Kabataan vs. COMELEC, supra) 

3. Absentee Voters 
 
Absentee Voting. - Absentee voting as provided for in Executive Order No. 157 dated March 30, 1987
shall apply to the elections for President, Vice-President and Senators only and shall be limited to
members of the Armed Forces of the Philippines and the Philippine National Police and other government
officers and employees who are duly registered voters and who, on election day, may temporarily be
assigned in connection with the performance of election duties to place where they are not registered
voters. (Sec. 12, RA 7166) 
 
Local Absentee Voting for Members of Media. – The Commission on Elections shall extend the right to
vote under the local absentee voting system provided under existing laws and executive orders to
members of media, media practitioners, including the technical and support staff, who are duly registered
voters and who, on election day, may not be able to vote due to the performance of their functions in
covering and reporting on the elections: Provided, That they shall be allowed to vote only for the positions
of President, Vice President, Senators and Party-List Representative. (Sec. 2, RA 10380,  An Act
Providing for Local Absentee Voting for Media) 
 
Overseas Voter refers to a citizen of the Philippines who is qualified to register and vote under this Act,
not otherwise disqualified by law, who is abroad on the day of elections. (Sec. 3(j), RA 9189 as
amended by RA 10590,  The Overseas Voting Act of 2013) 
 
 
Disqualifications.  (Sec. 4, RA 10590) - The following shall be disqualified from registering and voting
under this Act: 
a. Those who have lost their Filipino citizenship in accordance with Philippine laws; 
 
b. Those who have expressly renounced their Philippine citizenship and who have pledged
allegiance to a foreign country, except those who have reacquired or retained their Philippine
 citizenship under Republic Act No. 9225, otherwise known as the 'Citizenship Retention and
Reacquisition Act of 2003′; 
 
c. Those who have committed and are convicted in a final judgment by a Philippine court or
tribunal of an offense punishable by imprisonment of not less than one (1) year, such
disability not having been removed by plenary pardon or amnesty: Provided,
however, That any person disqualified to vote under this subsection shall automatically
acquire the right to vote upon the expiration of five (5) years after service of sentence; and 
 
d. Any citizen of the Philippines abroad previously declared insane or incompetent by
competent authority in the Philippines or abroad, as verified by the Philippine embassies,
consulates or foreign service establishments concerned, unless such competent authority
subsequently certifies that such person is no longer insane or incompetent. 
 
Personal Overseas Registration and/or Certification. (Sec. 5, RA 10590) - Registration and/or
certification as an overseas voter shall be done in person at any post abroad or at designated registration
centers outside the post or in the Philippines approved by the Commission. 
 
Field and mobile registration centers shall be set up by the posts concerned to ensure accessibility by the
overseas voters. 
 
All applicants shall submit themselves for live capture of their biometrics. 
 
The Commission shall issue an overseas voter identification card to those whose applications to vote
have been approved. 
Resident Election Registration Board (RERB); Composition, Appointment, Disqualification and
Compensation. (Sec. 6, RA 10590) - The RERB shall be composed of the following: 
a. A career official of the DFA, as Chairperson; 
 
b. The most senior officer from the Department of Labor and Employment (DOLE) or any
government agency of the Philippines maintaining offices abroad, as
member: Provided, That in case of disqualification or nonavailability of the most senior officer
from the DOLE or any government agency of the Philippines maintaining offices abroad, the
Commission shall designate a career official from the embassy or consulate concerned; and 
 
c. A registered overseas voter of known probity, as member. 
The Commission shall appoint the members of the RERB upon the recommendation of the DFA-OVS. 
The RERB in the OFOV shall be based in the main office of the Commission and shall be composed of a
senior official of the Commission as the Chairperson and one (1) member each from the DFA and the
DOLE, whose rank shall not be lower than a division chief or its equivalent. 
No member of the RERB shall be related to each other or to an incumbent President, Vice-President,
Senator or Member of the House of Representatives representing the party-list system of representation,
within the fourth civil degree of consanguinity or affinity. 
Each member of the RERB shall be entitled to an honorarium at the rates approved by the Department of
Budget and Management (DBM). 
Requirements for Registration. ( Sec. 11, RA 9189) - Every Filipino registrant shall be required to
furnish the following documents: 
a. A valid Philippine passport. In the absence of a valid passport, a certification of the DFA
that it has reviewed the appropriate documents submitted by the applicant and has found
them sufficient to warrant the issuance of a passport, or that the applicant is a holder of a
valid passport but is unable to produce the same for a valid reason; 
 
b. Accomplished registration form prescribed by the Commission; and 
 
c. Applicants who availed themselves of the 'Citizen Retention and Reacquisition Act'
(Republic Act No. 9225) shall present the original or certified true copy of the order of
 approval of their application to retain or reacquire their Filipino citizenship issued by the post
or their identification certificate issued by the Bureau of Immigration. 
The Commission may also require, additional data to facilitate registration and recording.1âwphi1 No
information other than those necessary to establish the identity and qualification of the applicant shall be
required. 
All applications for registration and/or certification as an overseas voter shall be considered as
applications to vote overseas. An overseas voter is presumed to be abroad until she/he applies for
transfer of her/his registration records or requests that her/his name be cancelled from the NROV. 
A Filipino abroad whose domicile remains to be Philippines may still validly exercise their right to
suffrage. (Macalintal vs. COMELEC, supra) 
 
Persons who have retained and/or re-acquired Philippine citizenship pursuant to R.A. 9225 may vote as
absentee voters under R.A. 9189 (Overseas Absentee Voting Act of 2003).  This applies to dual citizens
and non-resident citizens. (Nicolas-Lewis vs. COMELEC, G.R. No. 162759 , 2006)