· Not an official government website

BatasKo

Ang Batas, Sa Simpleng Salita — your rights, finally explained.

Republic Act No. 10366· Enacted 2013-01-01

Accessible Polling Places for PWDs and Senior Citizens Philippines — BatasKo ELI5

RA 10366 gives PWDs and senior citizens exclusive precincts at accessible polling places. Learn your rights, how to register, and what to do on election day.

ELI5ElectionsOFW RelevantelectionsPWD rightssenior citizens

Official text — Republic Act No. 10366

Jump to section ↓19 sections

Preamble

Fifteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

REPUBLIC ACT NO. 10366

AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO ESTABLISH PRECINCTS ASSIGNED TO ACCESSIBLE POLLING PLACES EXCLUSIVELY FOR PERSONS WITH DISABILITIES AND SENIOR CITIZENS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1

Section 1.

Section

Declaration of Policy. –

The State shall ensure that persons with disabilities and senior citizens are able to exercise their right to political participation without discrimination or restrictions. Towards this end, the State shall design systems and procedures that will enable persons with disabilities and senior citizens to register and vote by themselves.

Section 2

Section 2.

Section

Definition of Terms. –

As used in this Act, the term:

(a)

Commission

refers to the Commission on Elections.

(b)

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.

(c)

Senior Citizens

refer to qualified voters who are sixty (60) years or older.

(d)

Electoral Processes

refer to election-related activities and proceedings including registration, candidacy, campaign, voter education and casting of vote.

(e)

Assistance

refers to any support or aid that may be extended to persons with disabilities and senior citizens for them to meaningfully and effectively participate in the electoral processes.

(f)

Discrimination on the basis of disability

means any distinction, exclusion or restriction on the basis of disability which has the effect of impairing or nullifying the recognition, enjoyment, or exercise, on an equal basis with others, of all human rights and fundamental freedoms, including denial of reasonable accommodation.

(g)

Universal design

means the design of products, environments, programs and services, to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design but shall not exclude assistive devices for particular groups of persons with disabilities where this is needed.

(h)

Satellite registration

refers to registration conducted by an Election Officer in established satellite offices located in a public place within his or her area of jurisdiction. It accepts application for registration, transfer or transfer with reactivation, reactivation of registration records, change or correction of entries and validation of registration from all registrants or voters residing within the Election Officer’s territorial jurisdiction.

(i)

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.

(j)

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.

Section 3 — Section

Section 3.

Section

Right to Participation in Electoral Processes. –

The State shall guarantee the political rights of persons with disabilities and senior citizens, in line with the concept of universal design, by:

(a) Ensuring that voting procedures, facilities and materials are appropriate, accessible, and easy to understand and use;

(b) Protecting the right of persons with disabilities and senior citizens to vote by secret ballot in elections without intimidation, facilitating the use of assistive and new technologies where appropriate; and

(c) Guaranteeing the free expression, in the exercise of the right of suffrage, of persons with disabilities and senior citizens, allowing assistance in voting by a person of their own choice.

Section 4 — Section

Section 4.

Section

Duty of the Commission to Render Assistance to Persons with Disabilities and Senior Citizens.

– It shall be the duty of the Commission to render appropriate assistance to persons with disabilities and senior citizens in coordination with government agencies and civil society organizations.

Section 5 — Section

Section 5.

Section

Record of Persons with Disabilities and Senior Citizens. –

The Commission shall keep an updated record of persons with disabilities and senior citizens who are registered as voters, which indicates the types of disability and the assistance they need, to assist it in determining policy directions for more inclusive and accessible electoral processes. The record shall be made accessible to concerned government offices, accredited citizens’ arms, civil society monitoring groups and other organizations which promote the rights of the persons with disabilities and senior citizens, subject to specific guidelines the Commission may promulgate to protect the privacy of the individuals concerned.

Section 6 — Section

Section 6.

Section

Registration and Updating of Records.

– 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.

Show 12 more sections +
Section 7 — Section

Section 7.

Section

Assistance in the Accomplishment of Application Form.

– A person with disability or senior citizen who cannot by himself or herself accomplish an application for registration, by reason of illiteracy or physical disability, shall be assisted by the Election Officer in the preparation of his or her application form, or by any member of an accredited citizens’ arm, or by a relative by consanguinity or affinity within the fourth civil degree, or if he or she has none present, by any person of his or her confidence who belongs to the same household.

Section 8 — Section

Section 8.

Section

Satellite and Special Registration. –

The Commission, in coordination with national government agencies and local government units, person with disability and senior citizen organizations, and other cause-oriented groups, shall conduct satellite and/or special registration for persons with disabilities and senior citizens in accessible places.

Section 9 — Section

Section 9.

Section

Creation of Precincts for Persons with Disabilities and Senior Citizens.

– The Commission is hereby authorized to establish precincts of a nonterritorial nature, exclusively for persons with disabilities and senior citizens who in their registration records manifest their intent to avail of their right to a separate precinct under this section. Pursuant hereto, the Commission shall establish at least one (1) such precinct, assigned to accessible polling places, for every voting center. Such precincts shall be provided with assistive devices as well as the services of experts in assisting persons with disabilities.

Section 10 — Section

Section 10.

Section

Ballot Design. –

In designing the ballot, the Commission shall ensure reasonable accommodation to persons with disabilities and senior citizens to enable them to accomplish the ballots by themselves.

Section 11 — Section

Section 11.

Section

Assistance in the Accomplishment of the Ballot.

– A person with disability or senior citizen who is illiterate or physically unable to prepare the ballot by himself or herself may be assisted in the preparation of his or her ballot by a relative by consanguinity or affinity within the fourth civil degree, or if he or she has none, by any person of his or her confidence who belongs to the same household, or by any member of the BEls. For this purpose, the person who usually assists the person with disability or senior citizen, such as a personal assistant, a caregiver or a nurse shall be considered a member of his or her household:

Provided,

That no voter shall be allowed to have an assistor on the basis of illiteracy or physical disability unless it is so indicated in his or her registration record. Nevertheless, if the physical inability to prepare the ballot is manifest, obvious, or visible, said voter shall be allowed to be assisted in accomplishing the ballot by a qualified assistor, even if not stated or indicated in the registration record:

Provided, further,

That the assistor must be of voting age.

The assistor shall hind himself or herself in a formal document under oath to fill out the ballot strictly in accordance with the instructions of the voter and not to reveal the contents of the ballot prepared by him or her, and shall prepare the ballot for the voter inside the voting booth. Except for the members of the BEIs, no assistor can assist for more than three (3) times. Any violation of this provision shall constitute an election offense punishable under Section 262 of the Omnibus Election Code.

Section 12 — Section

Section 12.

Section

Sensitivity Training Program.

– The Commission, in coordination with the National Council on Disability Affairs (NCDA), the Commission on Human Rights (CHR), and person with disability and senior citizen organizations, shall organize, design, and implement sensitivity trainings to persons performing electoral duties, including the Commission field officers, members of the BEIs, and accredited citizens’ arms to familiarize them with the needs of the persons with disabilities and senior citizens.

Section 13 — Section

Section 13.

Section

Information Materials. –

The Commission shall ensure that information materials relating to the electoral processes are appropriate and accessible to persons with disabilities and senior citizens.

Section 14 — Section

Section 14.

Section

Appropriations.

– The initial funding of this Act shall be charged against, the current year’s appropriations or from any available savings of the Commission. Thereafter, such amount as may be necessary for the continued implementation of this Act shall he included in the annual General Appropriations Act.

Section 15 — Section

Section 15.

Section

Implementing Rules and Regulations. –

Within sixty (60) days from the effectivity of this Act, the Commission shall promulgate the implementing rules and regulations.

Section 16 — Section

Section 16.

Section

Separability Clause. –

Should any provision of this Act he declared invalid or unconstitutional, the validity or constitutionality of the other provisions shall not be affected thereby.

Section 17 — Section

Section 17.

Section

Repealing Clause.

– All laws, presidential decrees, executive orders, resolutions, rules and regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 18 — Section

Section 18.

Section

Effectivity Clause.

– This Act shall take effect on July 1, 2013, after its publication in two (2) newspapers of general circulation.

Approved,

(Sgd.)

JUAN PONCE ENRILE

President of the Senate

(Sgd.)

FELICIANO BELMONTE JR.

Speaker of the House of Representatives

This Act which is a consolidation of Senate Bill No. 3287 and House Bill No. 5509 was finally passed by the Senate and the House of Representatives on December 19, 2012.

(Sgd.)

EMMA LIRIO-REYES

Secretary of Senate

(Sgd.)

MARILYN B. BARUA-YAP

Secretary General

House of Representatives

Approved: FEB 15 2013

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines

The Lawphil Project - Arellano Law Foundation

Full text on BatasKo. Original source: Official Gazette / Lawphil.

Imagine your nanay, 72 years old, knees aching, standing in a long line at a crowded school gymnasium just to cast her vote. Or your kapatid who uses a wheelchair, trying to squeeze through narrow hallways to get to a second-floor precinct. Puwede ba naman? Hindi dapat ganyan ang botohan.

That's exactly why Republic Act No. 10366 exists.

ELI5 Summary: RA 10366 gives voters with disabilities and senior citizens (60+) the right to vote in their own exclusive precinct — on the ground floor, near the entrance, free of physical barriers, and stocked with assistive devices. You don't have to compete with the general crowd. You register your intent with COMELEC, they assign you to an accessible polling place, and on election day, you go straight to your dedicated precinct. Simpler, safer, mas madali.


Real Filipino Scenario: Charing Wants Her Vote to Count

Charing is a 64-year-old online seller from Cagayan de Oro. She has moderate arthritis in both knees and uses a cane to get around. She's been a registered voter for decades but always dreaded election day — the long queues, the crowded hallways, the plastic chairs with no back support, yung pagtawid ng maraming kwarto just to find her precinct.

This time around, her daughter told her about RA 10366. Charing goes to her local COMELEC office during the open registration period and updates her voter registration record. She indicates her type of disability (physical — mobility impairment) and what kind of assistance she needs (accessible pathway, seating assistance).

On election day, instead of joining the general precinct lines, Charing reports to the designated accessible polling place — ground floor, near the entrance. Her precinct is exclusively for PWDs and senior citizens. She casts her vote, privately, without rushing, without pain. Tapos na siya in 20 minutes.

What Charing did right: She updated her registration record during the open period and indicated her disability. That single step enrolled her into the exclusive precinct system. Kung hindi niya ginawa iyon, wala siyang guarantee na mapupunta siya sa accessible precinct.


What the Law Actually Says

Under Section 9 of RA 10366, the Commission on Elections (COMELEC) is authorized to establish precincts of a non-territorial nature — meaning these precincts are not tied to a specific barangay or geographic boundary. They are exclusively for persons with disabilities and senior citizens who have indicated in their registration records that they want to use this right.

The law also requires that at least one such precinct must be established per voting center. These precincts must be:

  • Located at the ground floor, preferably near the entrance of the building (Section 2[j])
  • Free of physical barriers — no stairs, no narrow corridors that block wheelchairs or canes
  • Equipped with assistive devices and staffed with people trained to assist voters with disabilities

Under Section 3, the State guarantees that voting procedures and materials must be accessible and easy to use. You also have the right to vote by secret ballot — walang makakaalam ng ibinoto mo. And under Section 3(c), you are allowed to bring a person of your own choice to assist you while voting.

Under Section 6, voters who were already registered but have not yet indicated their disability in their records — or who developed a disability after registering — are allowed to update their registration records during open registration periods to indicate the type of disability and the assistance they need.

Under Section 8, COMELEC must also conduct satellite and special registration for PWDs and senior citizens in accessible places — so hindi mo na kailangang pumunta sa COMELEC office kung hindi mo kaya.

Under Section 7, if you cannot fill out your registration form yourself — because of illiteracy or physical disability — an Election Officer, a member of an accredited citizens arm, or a relative within the fourth degree of consanguinity or affinity can assist you.


What This Means for You

Kung ikaw ay may kapansanan o 60 years old na, hindi ka na kailangang dumaan sa parehong proseso ng pangkalahatang botante.

Here's the plain version:

You qualify if you are a registered voter who is either: (1) a person with a long-term physical, mental, intellectual, or sensory disability, OR (2) 60 years old or older.

You need to register your intent. The separate precinct is not automatic. You must go to your COMELEC office during the voter registration period and update your record to indicate your disability and what kind of assistance you need. Pag hindi mo ginawa ito, hindi ka maaasign sa accessible precinct.

On election day, you go to the accessible polling place — ground floor, near the entrance — and vote in your exclusive precinct. No need to compete with the general crowd, no need to climb stairs, no need to navigate chaos.

You can bring someone to help you. Under the law, you can ask a trusted person to assist you while casting your ballot. The secrecy of your vote is still protected.


Real Filipino Scenario: Yvonne Gets It Wrong

Yvonne is a 67-year-old market vendor from Lapu-Lapu City. She has partial blindness in her left eye and mild cognitive decline. She's a registered voter, pero nakaligtaan niyang i-update ang kanyang voter record para i-indicate ang kanyang disability.

On election day, she shows up at the accessible polling place expecting to vote there because she is a senior citizen. The Board of Election Inspectors checks her record. Her voter registration does not indicate any disability or a request for the separate precinct. She is redirected to her regular precinct on the second floor.

Yvonne is frustrated. She qualifies — she is over 60 and has sensory and cognitive impairments. But the right to an exclusive precinct is not automatic. You have to register your intent during the open registration period.

What Yvonne should have done: Before the election, she should have visited the COMELEC office (or attended a satellite registration in her area) to update her registration record — indicating her visual impairment and cognitive condition, and requesting assignment to an accessible precinct.

What she can do now: She can still request assistance on election day from any person of her choice (Section 3[c]). And before the next election, she must update her record during the registration period. Huwag nang palampasin.


What Most Filipinos Get Wrong

"Automatic na ako sa accessible precinct kasi senior citizen na ako." Hindi. Kailangan mong i-indicate sa iyong voter registration record na gusto mong gamitin ang exclusive precinct under RA 10366. Kung hindi mo ginawa ito, ikaw ay napupunta sa regular precinct kasama ng pangkalahatang botante. The law gives you the right — pero kailangan mong i-claim ito sa pamamagitan ng registration update.

"Kahit saan na precinct ako magpunta, aayusin na ng COMELEC." Hindi ganyan gumagana. COMELEC assigns voters to specific precincts based on their voter registration record. Kung hindi ka naka-assign sa accessible precinct, hindi ka basta-basta maaaring lumipat sa election day.

"Kailangan ko ng medical certificate para mag-qualify." Walang sinasabi sa RA 10366 na kailangan ng medical certificate para ma-indicate ang iyong disability sa registration form. You simply declare your type of disability and the assistance you need when you update your voter registration record. Simple form, walang kailangang doktor na sulat.

"Ang assistor ko kailangan iba ang pipili ng COMELEC." Hindi rin. Under Section 3(c), ikaw ang pumipili ng taong tutulong sa iyo habang bumoboto. Hindi ito itinatalaga ng COMELEC. Kailangan lang na nasa edad na siya at hindi sinuspetsahan ng undue influence.

"Walang separate precinct sa aming lugar, maliit na lungsod kami." The law says COMELEC must establish at least one accessible precinct per voting center. Kahit sa maliit na lugar, may obligasyon ang COMELEC. Kung wala sa inyong voting center, pwede mong ireklamo sa inyong Election Officer o sa COMELEC mismo.


For OFWs / Para sa OFW

Republic Act No. 10366 applies to all qualified Filipino voters — including OFWs who are registered to vote overseas. If you are an OFW who is a person with disability or already 60 years old or older, narito ang dapat mong malaman:

Overseas Absentee Voting (OAV) is separate from RA 10366, pero may proteksyon din kayo. Under the Overseas Absentee Voting Act (RA 9189), Filipino voters abroad can vote at their Philippine Embassy or Consulate. The Department of Foreign Affairs (DFA) and Philippine Overseas Labor Office (POLO/MWO) are required to assist Filipino voters, including those with special needs.

If you are a PWD or senior citizen voting abroad:

  1. Register for overseas absentee voting through the Philippine Embassy or Consulate in your host country. Contact your nearest POLO/MWO for guidance on where and when registration is held.
  2. Indicate your disability or senior citizen status when you register or update your overseas voter record. Ask Embassy staff if there are accommodations available at the voting venue.
  3. Request accessible accommodation. Embassies and Consulates are obligated under Philippine law and international human rights norms to provide reasonable accommodation for voters with disabilities. Sabihin mo sa kanila kung anong assistance ang kailangan mo — wheelchair access, assistive devices, assistance in filling out your ballot.
  4. Contact the Commission on Elections (COMELEC) Overseas Voting office if your Embassy cannot accommodate your needs: ovab@comelec.gov.ph or the COMELEC hotline.

Kung babalik ka sa Pilipinas para bumoto, the full protections of RA 10366 apply to you — accessible precinct, assistive devices, at lahat ng karapatan ng domestic voter.


Real Filipino Scenario: Ernesto Votes from Canada

Ernesto is a 63-year-old civil engineer based in Calgary, Canada. He has been working there for eight years and is a registered overseas absentee voter. He suffered a stroke two years ago that left him with limited use of his right hand — he can walk independently but has difficulty writing.

His next election is approaching. He contacts the Philippine Consulate General in Calgary and inquires about accommodations for his physical disability. He updates his voter record to indicate his condition and requests assistance in accomplishing his ballot.

Under the spirit of RA 10366 and international obligations of the Philippine government, the Consulate is expected to provide reasonable accommodation — a staff member can assist him in marking his ballot under his direction, following the same principles in Section 3(c) of RA 10366. The assistance is his right, and the secrecy of his vote is still protected.

What Ernesto should do: Contact the Philippine Consulate General in Calgary at least 60 days before the election period. Confirm what accommodations are available at the consulate voting venue. Bring documentation of his disability if the consulate requests it, though RA 10366 itself does not require a medical certificate domestically. If he has any difficulty, he can escalate to the COMELEC Overseas Voting Office or reach out to the DFA's Office of Consular Affairs.


What to Do if Your Rights Are Violated

Ano ang Gagawin

  1. Update your voter registration record before the election. Visit your COMELEC local office or attend a satellite registration. Indicate your type of disability and what assistance you need. This is the most important step — walang update, walang exclusive precinct.

  2. Know your polling place in advance. After registration, confirm with your Election Officer where your accessible precinct will be located on election day. Ask for the specific room or area — ground floor, near the entrance.

  3. On election day, go directly to the accessible polling place. Show your voter ID or any government-issued ID. If you are directed to a regular precinct by mistake, calmly show your voter registration record and ask to speak with the Board of Election Inspectors (BEI) chairperson.

  4. If the accessible precinct is inaccessible or non-existent, document the situation — take photos if possible. File a complaint with the Election Officer on duty at the voting center. You can also call the COMELEC action center.

  5. If you need assistance voting, you may bring a person of your own choice (of legal age). Inform the BEI that you are exercising this right under Section 3(c) of RA 10366.

  6. File a formal complaint with COMELEC if your rights under RA 10366 are denied. COMELEC has jurisdiction over election-related violations. You can file in person at the nearest COMELEC office or contact them at: comelec.gov.ph or their public assistance hotline.

  7. Contact disability rights organizations for additional support: The National Council on Disability Affairs (NCDA) and the Office for Senior Citizens Affairs (OSCA) in your local government can also assist you in asserting your rights.


Related Laws


Mga Madalas Itanong / FAQ

Q: Pwede ba akong mag-avail ng accessible precinct kahit hindi ako registered na PWD — senior citizen lang ako?

A: Oo. Ang batas ay sumasaklaw sa dalawang grupo: persons with disabilities at senior citizens (60 years old o mas matanda). Hindi mo kailangan ng disability para ma-qualify — ang edad na 60 ay sapat na. Kailangan mo pa rin i-update ang iyong voter registration record para i-indicate ang iyong edad at ang iyong request na ma-assign sa exclusive precinct.

Q: Anong klaseng assistive devices ang dapat naroroon sa accessible precinct?

A: Ang batas ay hindi nagbibigay ng exhaustive list, pero under Section 9 of RA 10366, ang precinct ay dapat may assistive devices at staffed with experts in assisting persons with disabilities. Sa practice, maaaring kasama dito ang: magnifying sheets para sa visually impaired voters, braille ballots (kung available), wheelchair ramps, at trained BEI members. Pwede k

RELATED RIGHTS

Legal disclaimer: BatasKo provides general legal information, not legal advice. For your specific situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO).

← Browse all Republic Acts