Legal Basis of COMELEC's "No Bio, No Boto" Policy
The Commission on Elections (COMELEC) in the Philippines has recently implemented the "No Bio, No Boto" policy that requires voters to undergo biometric registration, in an effort to maintain an updated list of voters to avoid what we call the "flying voters" and to maintain a clean and honest election. Those who are unable to comply with the said policy will not be allowed to vote during election period. The legal basis of such policy is the Republic Act No. 10367 titled "An Act Providing For Mandatory Biometrics Voter Registration", passed by the Senate and the House of Representatives on December 12, 2012 and December 11, 2012, respectively.
The details of the said law is provided below:
REPUBLIC ACT NO. 10367
AN ACT PROVIDING FOR MANDATORY BIOMETRICS VOTER REGISTRATION
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 2. Definition of Terms. – As used in this Act:
(a) Commission refers to the Commission on Elections (COMELEC).
(b) 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.
(c) Data Capture Machine (DCM) is the device which captures the biometrics of an individual.
(d) Validation is the process of taking the biometrics of registered voters whose biometrics have not yet been captured.
(e) Deactivation refers to the removal of the registration record of the registered voter from the corresponding precinct book of voters for failure to comply with the validation process as required by this Act.
(f) Reactivation refers to the reinstatement of a deactivated voter.
Section 3. Who Shall Submit for Validation. – Registered voters whose biometrics have not been captured shall submit themselves for validation.
Section 4. Who Shall Conduct the Validation. – The City or Municipal Election Officer shall conduct the validation.
Section 5. Commencement of Validation. – The Commission shall conduct validation beginning July 1, 2013, consistent with the continuing registration under Republic Act No. 8189.
Section 6. Publication and Notice Requirement. – The Commission shall cause the publication of the commencement of the validation in two (2) newspapers of general circulation. The City or Municipal Election Officer shall serve individual written notices by registered mail with return card to the voters concerned at their latest address in the voter’s registration record and post the list of the voters concerned in the city or municipal bulletin board and in the local COMELEC office.
Section 7. 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.
Section 8. 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.
Section 9. 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.
Section 10. Mandatory Biometrics Registration. – The Commission shall implement a mandatory biometrics registration system for new voters.
Section 11. Prohibited Acts. – The following shall be election offenses punishable under Sections 263 and 264 of Batas Pambansa Bilang 881, as amended, otherwise known as the "Omnibus Election Code":
(a) Any person who shall prohibit, impede, obstruct or prevent a registered voter or a new voter from submitting his or her biometrics for capture through the use of force, intimidation or monetary consideration; and
(b) Any public official or person who, under the guise of implementing this Act, shall unjustifiably and without due process, cause the deactivation or reactivation of any registered voter.
Section 12. Rules and Regulations. – The Commission shall, within sixty (60) days after the effectivity of this Act, promulgate the implementing rules and regulations.
Section 13. Separability Clause. – If any part of this Act is held invalid or unconstitutional, the other parts or provisions hereof shall remain valid and effective.
Section 14. Repealing Clause. – All laws, decrees, executive orders, rules and regulations inconsistent with this Act are hereby repealed or modified accordingly.
Section 15. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
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