OCA CIRCULAR NO. 81-2009, July 06, 2009

In Resolution No. 8603 promulgated on May 28, 2009, the
Commission on Elections (COMELEC) in order to accomplish the
pre-election activities in pursuit of its mandate to conduct clean,
honest, orderly, peaceful, credible and informed elections through the
use of Automated Election System, and by virtue of the power vested in
it by Constitution, the Omnibus Election Code, Republic Act 8189, and
other election laws (resolved to amend Sections 5, 28, and 29 of
Resolution No. 8514, which shall be read as ‘follows:

” SECTION 5, Procedure in case of Defective PCM and/or its Peripherals – a)
In case the Dal.a Capturing Machine (DCM) and/or its peripherals are
defective during the registration period, l.he accomplished application
forms shall be accepted with the condition that, the applicants shall
return for the taking/capturing of their biometrics. For this purpose,
the applicant shall be given until October 31, 2009 to have his biometrics captured.

SEC. 28. Petition for Inclusion of Voters in the List.– Any
person whose application for registration has been disapproved by the
ERB 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 but not later than November 30, 2009 .
It shall be supported by a certificate of disapproval of his
application and proof of service of notice of his petition upon the EKB.
The petition shall be decided within fifteen (15) days after its tiling.

x x x x x

SECTION 29. Petition for Exclusion of Voters from the List.
-Any registered voter, representative of a political party or the EC),
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 but not later than December 4., 2009. The petition shall be accompanied by proof of notice to the EKB and to the challenged voter and shall lie decided within ten (10) days from its filing.

x x x x x

In the same Resolution the COMELEC resolved further to appeal to
the Honorable Chief Justice of the Supreme Court, through the Court
Administrator for the issuance of a directive to all
judges of the Municipal Trial Courts/Municipal Circuit Trial Courts to resolve all petitions for inclusion/exclusion of voters, and judges of the
Regional Trial arts in case of appeal to dispose the same within the
reglementary period prescribed under Republic Act No. 8189.

In view of the foregoing, strict observance of the reglementary
period to resolve all s for inclusion/exclusion of voters is hereby
enjoined.

July 6, 2009

	JOSE P. PEREZ
	Court Administrator