Amendments To Absentee Voting Bill

•
FIFTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
SENATE
Introduced by Senator FRANCIS G. ESCUDERO
EXPLANATORY NOTE
The Overseas Absentee Voting Act of 2003, officially known as Republic Act
No. 9189 provides for a system where citizens of the Philippines currently residing
or working overseas can exercise their constitutional right to suffrage.
In the May 2010 National Elections, only about 153,300 Filipinos cast their
votes via OAV, which is a small fraction of the estimated 10 million overseas
Filipinos.
Some of the factors behind the low turnout include the distance of OAVs
from voting posts and the requirement to execute an Affidavit of Intent to Return
which states that one will return to the Philippines to take up permanent residence
not later than three years after the approval of registration as an OAV.
This bill seeks to amend Republic Act No. 9189 by removing the requirement
for execution of an Affidavit of Intent to Return, creating a Resident Election
Registration Board and allowing the conduct of field or mobile registration in posts
outside.Philippine embassies, among others.
With the foregoing proposals, it is expected that OAVs will have greater
participation in the next elections, hence, the passage of this measure is earnestly
sought.
FRANCIS G. ESCUDERO
FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
firsl Reglliar Session )
, I,
SENATE
S. B. No. 2124
Introduced by Senator FRANCIS G. ESCUDERO
"AN ACT
AMENDING REPUBLIC ACT NO. 9189 OTHERWISE KNOWN AS "TIlE
OVERSEAS ABSENTEE VOTING ACT OF 2003"
Be il en(lcted by lhe Sennte and the House of Representatives of the Philippll1es in Congress
II sse 111 bici I:
1 Section·1. Section 3 of Republic Act No. 9189, otherwise known as "The Overseas
2 Absentee Voting Act of 2003" is hereby amended to read as follows:
3 "Sec. 3. Definition of Terms. - For pmposes of this Act:
4 [c] A. "eerUfied Usl of Oversells Absenlee Volers" refers to the list of registered
5 overseas absentee voters whose applications to vote in absentia have been
6 approved by the Commission, said list to be prepared by the Committee
7 on OVERSEAS Ahsentee Voting of the Commission, on a coul1try-by-
8 counlly AND POST BY POST basis. The list shall be approved by the
9 Commission in an en banc resolution;
10 b. "Col'llll1issicJ1l" refers to the Commission on F.leclions;
11 C. "COMMl'lTt:t: ON OVERSt:AS ABSt:N'l'Et: VOTlNG ((,OA V)" REFERS TO
12 TIlE COMMITTEE OF TITE COMMISSION TASKED TO OVERSEE
13 AND SUPERVISE THE EFFECTIVE IMPLEMENTATION OF THE
14 OVERSEAS ABSENTEE VOTING LAW;

] d. "OilY 0/ Election" refers to the actlwl dale of elections in the Philippines;
2 E. "OTA OVEI<SEAS ABSENTEE VOUNG SECRETARIAT (1)1 'A-
3 OAVSr REFURS TO TIlU SUCRETAlUAT BASH) AT TIlE
4 DEPARTMENT OF FOREIGN AFFAIRS (DFA) HOME OFFICE
5 TASKED TO DIRECT, COORDINATE AND OVERSEE TIlE
6 DEPARTMENT'S PARTICIPATION IN THE IMPJ.EMENTATION
7 01' TIlE OVERSEAS ABSENTEE VOTING LAW (OA VL);
8 I". "nHn l<EGlS'11<A'J'ION" REFERS TO TIlE CONDUCT 01'
9 REGISTRATION 01' OVERSEAS ABSENTEE VOTERS AT PRE-
10 DETERMINED LOCATIONS, EITHER IN THE PHILIPPINES, AS
11 MAY BE DETERMINED BY TIlE COMMISSION, OR OUTSIDE
12 TIlE POSTS, UPON TITE l'AVORABLU RECOMMENDATION OF
13 THE DFA-OAVS, BOTH BEING OF LIMITED DURATION AND
14 BASED ON THE GUIDELINES PRESCRIBED BY THE
15 COMMISSION FOR THAT EXCLUSIVE PURPOSE;
16 C. "MOJ3IJJ: RT:CfSTRATION" REFERS TO THE CONDUCT OF
17 REGISTRATION OF OVERSEAS ABSENTEE VOTERS AT
18 VARIOUS LOCATIONS OUTSIDE THE POSTS, OTHER THAN AT
19 FIELD REGISTRATIONS, UNDERTAKEN AS PART OF TIlE
20 POSTS' MOBILE CONSUJ.AR AND OUTREACH ACTIVITIES TO
21 FILIPINOS WITHIN THEIR JURISDICTIONS;
22 H. "MUNICII'AJJTY/CITY/DISTR1CT RTC1STRY OF OVJ:RSTAS
23 ABSTNTrT VOTrRS (ROA Vr REFERS TO THE CONSOJ.IDATED
24 LIST PREPARED, APPROVED AND MAINTAINED BY THE
2
1 COMMISSION FOR EVERY MUNICIPALl'J'Y/CITY/DISTRICT, OF
2 OVERSEAS ABSENTEE VOTERS WIIOSE APPLICATIONS FOR
3 REGISTRATION AS SUCIl, INCLUDING THOSE REGISTERED
4 VOTF.RS UNDER REPUBT.IC ACT NO. 8189 WHO APPT.IED FOR
5 CERTIFICATION AS OVERSEAS ABSENTEE VOTERS, HAVE
6 BEEN APPROVED BY THE ELECTION REGISTRATION BOARD
7 AND/OR RESIDENT F.LF.CTION REGISTRATION BOARD;
8 [eJI. "NallOnal Regislry of Absel)lee Volers" refers to the consolidated list
9 prepared, approved and maintained by the Commission, of overseas
10 absentee voters whose applications for registration as absentee voters,
11 includinf', those ree,istered voters UNDER REPUBLIC ACT NO. 9189
12 who have applied to be certified as absentee voters, have been
13 approved by the RESIDENT Election Registration Board,
14 INDICATING THE POST WHF.RE THE OVERSEAS ABSENTEE
15 VOTER IS REGISTERED;
16 if] J. "Overseas Absenlee Voler" refers to a citizen of the Philippines who is
17 qualified to ref',ister and vote under this Act, not otherwise disqualified
18 by law, who is abroad on the day of elections;
19 lal K."OVF.RSEAS Absentee Votinf'," refers to the process by which
20 qualified citizens of the Philippines abroad exercise their right to vote;
21 L. "POSTS" REFERS TO THE PHIUPPINE EMBASSIES,
22 CONSULATES, FOREIGN SERVICE ESTABT.ISHMF.NTS AND
23 OTHER PIIILIPPINE GOVERNMENT AGENCIES MAINTAINING
3
1 OFFICES ABROAD AND HAVING JURISDICTION OVER THE
2 PLACES WHERE THE OVERSEAS ABSENTEE VOTERS RESIDE;
3 M. "lU::SIDENT ELEcnON REGISTI{ATION BOARD O{EIW)" REFERS
4 TO THE IN-HOUSE ELECTION REGISTRATION BOARD OF THE
5 COAV COMPOSED OF THREE (3) RANKING OFFICIALS FROM
6 TIlE COMMISSION, WITH A REPRESENTATIVE EACH FROM
'/ TIlE DEPARTMENT OF FOREIGN AFFAIRS (DFA) AND TIlE
8 DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE), THE
9 MAIN FUNCTIONS OF WHICH ARE TO PROCESS, APPROVE OR
10 DISAPPROVE ALL APPUCATIONS FOR REGISTRATION AND/OR
11 CERTIFICATION AS OVERSEAS ABSENTEE VOTERS,
12 I NCLUDING DEACTIVATION, REACTIV AT10N AND
13 CANCELLATION 01' REGISTRATION RECORDS;
14 N. "STAFARJ:RS" REFER TO SHIP OFFICERS AND RATINGS
15 MANNING SHIPS, INCLUDING OFFSHORE WORKERS, SERVICE
16 PROVIDERS AND FfSIIERMEN, AS DEFfNED IN TIlE REVISED
17 RULES ON THE ISSUANCE or' 'SEAFARER'S IDENTIFICATION
18 AND RECORD BOOK' OF THE MARITIME INDUSTRY
19 AUTIIORITY;
20 O. "SPIXIAL BALLOT RECEP'1'10N AND CUSTODY GROUP (SBRCG)"
21 REFERS TO THE GROUP CONSTrrUTED BY THE COMMISSION
22 TO RECEIVE AND TAKE CUSTODY OF ALL ACCOUNTABI.E AND
23 OTJIEH. ELECTION FORMS, SUPPLIES AND PARAPHERNALIA
24 FROM TIlE COAV FOR TRANSMITTAL TO TIlE 'SPECIAL
4
1 BOARDS OF ELEcnON INSPECTORS' AND 'SPECIAL BOARDS
2 OF CANV ASSERS';
3 1'. "SPECIAL BOARD or CANVASSERS (SHOC)" REFERS TO TilE
4 BODY DEPUTIZED BY THE COMMISSION TO CANVASS THE
5 OVERSEAS ABSENTEE VOTING ELECTION RETURNS
6 SUBMITTED TO IT BY TIlE SPECIAL BOARD OF ELECTION
7 INSPECTORS;
8 Q. "SPTCIAJ. BOARD OF nTCTION INSPTCTORS (SBn)" REFERS TO
9 THE BODY DEPUTIZED BY THE COMMISSION TO CONDUCT
10 TIlE VOTING AND COUNTING OF VOTES;
11 R. "SYSTEM or CONUNUING REGISTRATION" REFERS TO TilE ACT
12 OF ACCOMPLISHING AND FILING OF A SWORN APPJ.ICATION
13 FOR REGISTRATION AND/OR CERTIFICATION BY A QUALIFIED
14 OVERSEAS ABSENTEE VOTER BEFORE TIlE PERSONNEL
15 DEPUTIZED BY TilE COMMISSION WITIIIN ONE (1) YEAR
16 BEFORE THE START OF THE VOTING PERIOD AND OF
17 INCLUDING THE SAME IN THE NROA V UPON APPROVAL BY
18 THE RERB;
19 S. "VOTING PTRIOD" REFERS TO A CONTINUOUS THIR'fY (30)-
20 DAY PERIOD, THE LAST DAY OF WHICH IS THE DAY OF
21 ELECTION, INCLUSIVE 01' ESTABLISHED HOLIDAYS IN TilE
22 PHILIPPINES AND OF SUCH OTHER HOLIDAYS IN THE HOST
23 COUNTRIES."
24 Sec. 2. Section 4 of the same Act is hereby amended as follows:
5
1 "Sec. 4. Coverage. - All citizens of the Philippines abroad, who are not
2 otherwise disqualified hy law, a[least eighteen (18) years of age on the day of
3 . elections, may vote for Plplresident, V[vlice-PlpJresident, senators and parly-
4 list representatives, AS WET.I. AS IN ALI. NATIONAL REFERENDA AND
5 I'LEIHSCITllS."
6 Sec. 3. Section 5 of the same Act is hereby amended as follows:
7 "Sec. 5. Disqualifications, - 'l11e following shall he disqualified from
8 voling under this Act:
9 /I a) Those who have lost theil' Filipino citizenship 111 accordance with
10 Philippine laws;
11 "b) Those who have expressly renounced their Philippine citizenship and
12 who have pledged allegiance to a foreign countTY, EXCEPT TnOSE
13 WIIO BAVE REACQUIRED OR RETAINED TIIEIR I'llILlPPINE
14 CITIZENSIIII' UNDER REPUBLIC ACT NO. 9225, OTIlERWISE
15 KNOWN AS THE "CrrIZENSHIP RETENTION AND
16 REACQUISITION ACT OF 2003";
17 " c) Those who have committed and are convicted in a final judgment by a
18 PHIJ.IPPINE court or h'ibunal of an offense punishable by
19 imprisonment of not less than one (1) year, lincluding those who have
20 committed and been found guilly of Disloyally as defined under
21 Article 137 of the Revised Penal Code] such disability not having been
22 removed by plenary pardon or amnesty: Provided, however, That any
23 person disqualified to vote under this subsection shall automatically
24 acquire the right to vote upon TIlE expiration of five (5) years after
6
1 service of sentence, AND; [Provided, further, That the Commission may
2 take cognizance of final judgments issued by foreign courts or
3 tribunals only on the basis of reciprocity and subject to the formalities
4 and processes prescribed by the Rules of Court on execution of
5 judgments;]
6 I" d) An immigrant or a permanent resident who is recognized as such
7 in the host country, unless he/she executes, upon registTation, an
8 affidavit prepared for the purpose by the Commission declaring that
9 he/ she shall resume actual physical permanent residence in the
10 Philippines not later than three (3) years from approval of his/her
11 registration under this Act. Such affidavit shall also slate that he/she
12 has not applied for citizenship in another country. Failure to return
13 shall be the cause for the removal of the name of the immigrant or
14 permanent resident from the National Regish·y of Absentee Voters and
15 his/ her permanent disqualification to vote in absentia[.
16 Ie] D. "Any ciUzen of the Philippines abroad previously declared
17 insane or incompetent by competent authority in the Philippines or
18 abroad, as verified by the Philippine embassies, consulates or foreign
19 service, establishments concerned, unless such competent authority
20 subsequently certifies that such person is no longer insane or
21 incompetent."
22 Sec.4. Section 6 of the same Act is hereby amended to read as follows:
7
1 "Sec. 6. Personal Overseas Absentee Registration AND/OR
2 CERT1l1CA'lION. - Registration AND/OR CERTIFICATION as an overseas
3 absentee voter shall be done in person AT ANY POST ABROAD OR AT
4 DESIGNATED REGISTRATION CENTERS OU'l'SIDE THE POST OR IN
5 THE PHlJ.IPPINES APPROVED BY THE COMMISSION.
6 "I Qualified citizens of the Philippines abroad who failed to register
7 under l{epublic Act No. 8189, otherwise known as the "The Voters
8 Registration Act of 1996", may personally apply for registration with the
9 Election Registration Board of the city or municipality where they were
10 domiciled immediately prior to their departure from the Philippines, or with
11 the representative of the Commission at the Philippine embassies, consulates
12 and other foreign service establishments that have jurisdiction over the
13 locality where they temporarily reside. Subject to the specific guidelines
14 herein provided, the Commission is hereby authorized to prescribe additional
15 procedures for overseas absentee registration pursuant to the provisions of
16 Republic Act No. 8189, whenever applicable, taking into strict consideration
17 the time zones and the various periods and processes herein provided for the
18 proper implementation of this Act. The embassies, consulates and other
19 foreign service establishments shall transmit within (5) days from receipt the
20 accomplished registration forms to the Commission, after which the
21 Commission shall coordinate with the Election Officer of the city or
22 mnnicipality of the applicant's stated residence for verification, hearing and
23 annotation in the permanent list of voters.
8
1 "[ All applications for the May, 2004 elections shall be filed with the
2 Commission not later than two hundred eighty (280) calendar days before the
3 day of elections. For succeeding elections, the Commission shall provide £01'
4 the period within which applications to register must be filed.
5 In the case of seafarers, the Conunission shall provide a special mechanism
6 for the lime and maImer of personal registration taking into consideration the
7 nature of their work.
8 "[6.1. Upon receipt of the application for registration, the Election
9 Officer shall immediately set the application for hearing, 11le notice of which
10 shall be posted in a conspicuous place in the premises of the city or municipal
11 building of the applicant's stated residence for at least one (1) week before the
12 date of the hearing. The Election Officer shall immediately furnish a copy of
13 the application to the designated representatives of political parties and other
14 accredited groups.
15 "[6.2. If no verified objection to the application is filed, the Election
16 Officer shall immediately forward the application to the Election Registration
17 Board, which shall decide on the application within one (1) week from the
18 date of hearing willl0ut waiting for the quarterly meeting of the Board. The
19 applicant shall be notified of the approval or disajJproval of his/her
20 application by registered mail.
21 "16.3. In the event that an objection to tile application is filed prior to
22 or on the date of hearing, the Election Officer shall notify the applicant of said
23 objection by registered mail, enclosing therein copies of affidavits or
9
1 documents submitted in support of the objection filed with the said Election
2 Officer, if any. The applicant shall have the right to file his counter-affidavit
3 by registered mail, clearly stating therein facts and defenses sworn before any
4 offic(~r in the host country authorized to administer oaths.
5 "[ 6.4. The application shall be approved or disapproved based on the
6 merits of the objection, counter-affidavit and documents submitted by the
7 party objecting and those of the applicant.
8 "[6.5 A Certificate of Registration as an overseas absentee voter shall be
9 issued by the Commission to all applicants whose applications have been
10 approved, including those certified as registered voters. The Commission
11 shall include the approved applications in the National Registry of Absentee
12 Voters.
13 "16.6. If the application has been approved, any interested party may
14 file a petition for exclusion not later than two hundred ten (210) days before
15 the day of elections with the proper municipal or metropolitan trial court. The
16 petition shall be decided within fifteen (15) days after its filing on the basis of
17 the documents submitted in connection therewith. Should the court fail to
18 render a decision within the prescribed period, the ruling of the Election
19 Registration Board shall be considered affirmed.
20 "16.7. If the application has been disapproved, the applicant or his
21 authorized representative shall, within a period of five (5) days fro111 receipt
22 of the notice of disapproval, have the right to file a petition for inclusion with
23 the proper municipal or metropolitan trial courL The petition shall be decided
10
1 within five (5) days after its filing on the basis of documents submitted in
2 connection therewith.
3 "I Qualified citizens of the Philippines abroad, who have previously
4 rceistered as voters purslranl to Republic Act No. 8189 shall apply for
5 certification as absentee voters and for inclusion in the National Registry of
6 Overseas Absentee Voters, with a corresponding alUlOtation in the Certified
'7 Voters' List]"
8 "FIELD AND MOBILE REGISTRATION CENTERS SHALT. BE SET
9 UP BY THE POSTS CONCERNED TO ENSURE ACCESSIBIJ.ITY BY THE
10 OVERSEAS ABSENTEE VOTERS.
11 "ALL APPLICANTS SHALL SUBMIT THEMSELVES FOR LIVE
12 CAPTURE OF THEIR BIOMETRICS.
13 "REMOTE REGISTRATION THROUGH THE INTERNET MAY
14 ALSO BE ALLOWED BASED ON TIlE GUIDELINES AND
15 PROCEDURES DETERMINED BY THE COMMISSION, PROVIDED
16 TlIAT TlIE AI'I'ROPRIATE TECHNOLOGY WILL ENSURE ADEQUATE
17 SECURITY AND VOTER AUTHENTICITY."
18 Sec. 5. A new Section 7 is hereby inserted to read as follows:
19 "SJ:c. 7. RJ:SrDJ:NT n.J:CTION RJ:CISTRATION BOARD (RJ:RB);
20 COMPOSITION, POWERS AND ElTECT. - THE COMMISSION SHALL
21 APPOINT AS MANY RESIDENT ELECTION REGISTRATION BOARDS
22 (RERBs) AS THERE ARE APPLICATIONS TO PROCESS AND FOR SUCH
23 DURATION AS MAY BE NECESSARY.
11
1 "THE RERB SHALL BE COMPOSED OF THREE RANKING
2 OFFICIALS l'ROM TIlE COMMISSION, TIlE IJIGIrEST RANKING OF
3 WIIOM SIIALL SERVE AS CIIAIRPERSON, WITU A REPRESENTATIVE
4 EACH FROM THE DEPARTMENT OF FOREIGN AFFAIRS (DFA) AND
5 THE DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) AS
6 MEMBERS."
7 "7:1. THE RERB SHALL PROCESS, APPROVE OR DISAPPROVE
8 ALL APPLICATIONS FOR REGISTRATION AND/OR CERTII'ICATION
9 AS OVERSEAS ABSENTEE VOTERS, INCLUDING DEACTIVATION,
10 REACTIVATION AND CANCELLATION OF REGISTRATION
11 RECORDS.
12 "7.2 TIIE RERB SIIALL UAVE TIlE SOLE POWER AND
13 AUTHORITY TO APPROVE OR DISAPPROVE THE APPLICATION FOR
14 REGISTRATION AND/OR CERTIFICATION."
16 "STC. 8. DUnTS AND FUNCTIONS OF THT RTRR -
17 "8.1. UPON RECEIPT OF TITE APPLICATIONS FOR
18 REGISTRATION AND/OR CERTIFICATION FROM THE POSTS AND
19 FROM THE DULY DESIGNATED REGISTRATION CENTERS IN THE
20 PlIlLIPPINES, TITE RERB SIIALL SCHEDULE TIfE HEARING OF TIrE
21 APPLICATIONS FOR REGISTRATION AND/OR CERTIFICATION.
22 "THE RERB SHALL NOTIFY ALL POLITICAL PARTIES AND
23 OTHER PARTIES CONCERNED OF THE PENDING APPLICATIONS
24 FOR REGISTRATION AND/OR CERTIFICATION THROUGH A
12
1 WEEKLY UPDATED PUBLICATION IN THE WEBSI'J'ES OF THE
2 COMMISSION, TIlE DFA-OA VS, THE DOLE AND OF ACCREDITED
3 FILIPINO CIVIL SOCIETY ORGANIZATIONS AND TO POST TilE
4 NAMES IN CONSPICUOUS PLACES NEAR THE PLACE WHERE RERB
5 WILL HOLD T'J'S HEARINGS.
6 "8.2. ANY PARTY MAY FILE AN OBJECTION TO THE
7 APPLICATION WrrHIN SEVEN ('7) DAYS AFTER THE PUBJ.ICATION
8 OR POSTING 01' TIlE NAMES 01' TIlE APPLICANTS. IN CASE OF
9 DISAPPROV AL OF TIlE APPLICATION l'OR REGISTRAnON AND/OR
10 CER'J'lFICATION, THE RERB SHALL NOTIFY THE APPLICANT, OR
11 HERfHIS AUTHORIZED REPRESENTATIVE IN THE PHILIPPINES,
12 WITIIIN FIVE (5) DAYS FROM TilE DATE OF DISAPI'ROV AL,
13 STATING THE REASONS THEREFOR.
14 "8.3. THE RERB SHALL INCLUDE THE NAMES OF THE
15 APPLICANTS WITH APPROVED APPLICATIONS IN THE NA'J'IONAL
16 REGISTRY OF OVERSEAS ABSENTEE VOTERS (NROAV) AND IN THE
1'7 CERTIFIED LIST OF OVERSEAS ABSENTEE VOTERS (CLOAV) IN THE
18 POSTS WHERE TIlEY INTEND TO VOTE, SUBJECT TO TIlE
19 APPROVAL OF THE COMMISSION EN BANe. THE NAMES OF
20 APPLICANTS WITH APPROVED APPT.ICATIONS SHALL BE
21 PUBLISIIED IN TIlE WEBSITES OF TIlE COMMISSION, TIlE DFA, TIlE
22 DOLE AND TIlE ACCREDITED FILII'INO CIVIL SOCIETY
23 ORGANIZATIONS.
13
•
1 "S.4. APPROV AT. OF THE RERB ON APPLICATIONS FOR
2 REGISTRATION OR CERTIFICATION SHALL BE IMMEIJIATELY
3 EXECUTORY, UNLESS REVERSED OR SET ASIDE BY l'INAL AND
4 EXECU['ORY JUDGMEN'!' BY A COURT OF COMPETENT
5 JURISDICTION.
6 "S.S. THE RERB SHATJ. PERFORM SUCH OTHER DUTIES AS
7 MAY BE CONSISTENT WITH ITS FUNCTIONS, AS PROVIDED IN THIS
8 ACT."
10 "STC.9. PTTITON FOR INCT.USION/TXCT.USION-
11 "9.1. PTTITION FOR TXCT.USION. - IF THE APPLICATION HAS
12 BEEN APPROVED, ANY INTERESTED PARTY MAY FILE A PETITION
13 FOR EXCLUSION NOT LATER THAN ONE HUNDRED EIGHTY (180)
14 DAYS BEFORE TIlE DAY OF ELECTIONS WITH TIlE PROPER
15 MUNICIPAL / METROPOLITAN TRIAL COURT, F.ITHER WHERE THE
16 RERB SITS, OR WHERE TIlE OVERSEAS ABSENTEE VOTER RESIDES,
17 AT TIlE OPTION OF TIlE PETITIONER.
18 "THE PETI'l'ION SHATJ. BE DECIDED ON THE BASIS OF THE
19 DOCUMENTS SUBMITTED WITHIN FIFTEEN (15) DAYS FROM rrs
20 FILING, BUT NOT LATER THAN ONE HUNDRED TWENTY (120) DAYS
21 BEFORE TIlE START OF TIlE VOTING PERIOD. SHOULD THE COURT
22 FAIT. TO RENDER A DECISION· WrrHIN THE PRESCRIBED PERIOD,
23 THE RUI.ING OF THE RERB SHALL BE CONSIDERED AFFIRMED."
14
1 "9.2. PETITION FOR INCJ,USION. - IF THE APPLICATION HAS
2 BeeN DISAPPROVeD, TIW APPLICANT OR lIeH/IIlS AUTIIORIZeD
3 IWPReSeNTATIVe SHALL HAVe TTW RIGlIT TO FILe A MOTION FOR
4 RECONSIDERATION BEFORE THE RERB WITHIN A PERIOD OF FIVE
5 (5) DAYS FROM RECEIPT OF THE NOTICE OF DISAPPROVAL THE
6 MOTION SIIALL Be DeCIDeD WlTIIIN l'lVJ:: (5) DAYS AFTeR ITS
7 FILING ON TIW BASIS OF DOCUMENTS SUBMITTED. TIlE
8 RESOLUTION OF THE RERB SHALL BE IMMEDIATELY EXECUTORY,
9 UNLESS REVERSED OR SET ASIDE BY THE COURT.
10 "WITHIN TEN ClO) DAYS FROM RECEIPT OF NOTICE DENYING
11 THE MOTION FOR RECONSIDERATION, THE APPLICANT MAY FILE
12 A PETITION FOIt INCLUSION WITH TIlE PROPER MUNICIPAL I
13 METROPOLITAN TRIAL COURT, EITHER WIIERE TIlE RERB SITS, OR
14 WHERE THE OVERSEAS ABSENTEE VOTER RESIDES, AT THE
15 OPTION OF THE PETITIONER.
16 "TIlE PETITION SHALL Be DECIDED ON TIlE BASIS OF TIlE
17 DOCUMENTS SUBMITTED WITHIN FIFTEEN (15) DAYS FROM
18 FILING, BUT NOT LATER THAN ONE HUNDRED 'lWENTY (120) DAYS
19 BEFORE THE START OF THE VOTING PERIOD. SHOULD THE COURT
20 FAIL TO RENDER A DECISION WI'l'HIN THE PRESCRIBED PERIOD,
21 TIlE ReRB RULING SHALL BE CONSIDEReD AFFIRMED.
22 "QUALIFWD PIIILII'PINE CITIZeNS ABROAD WIIO IIA VE
23 PREVIOUSJ,Y REGISTERED AS VOTERS PURSUANT TO REPUBLIC
24 ACT NO. 8189 SHALL APPLY FOR CERTIFICATION AS ABSENTEE
15
1 VOTERS AND FOR INCLUSION IN THE NROAV. IN CASE OF
2 AI'I'ROV AL, TIlU aUCTION OFFICUR CONCURNUD SIIALL
3 ANNOTATU TIIU NAMU OF TIIU VOTER IN TilE CERTIFIED VOTERS
4 LIST AND IN HER/HIS VOTER'S REGISTRATION RECORDS."
5 Sec. 8. I\. new Section 10 is hereby inserted 10 read as follows:
6 "STC.l0. TRANSFTR OF RTCISTRATION RTCORD. - IN THE
7 EVENT OIl CIIANGU OF VOTING VUNUU, AN OVURSEAS AI3SUNTEE
8 VOTER MUST FILU AN AI'PUCATION ji()!{ TRANSFER OF 1IE1{jfIlS
9 REGISTRATION RECORD TO THE COAV, THROUGH ITS
10 CHAIRMAN, AT LEAST ONE HUNDRED EIGHTY (180) DAYS PRIOR
11 TO TIlU NUXT NATIONAL aUCTIONS; PIWVf1)ED, THAT TIlOSU
12 WHO WOULD UVUNTUALLY VOTU IN TIIU PIIILII'I'INES SHOULD
13 REGISTER WITHIN THE TIME FRAME PROVIDED FOR LOCAL
14 REGISTRATION IN THE MUNICIPALITY, CITY OR DISTRICT WHERE
15 TIlEY INTUND TO VOTE AND; PROVIDED, rUKllIER, THAT TIIOSU
16 WlIO HAVU RUGISTURUD IN TIIU MUNICIPALITY, CITY OR
17 DISTRICT WHERE THEY RESIDED PRIOR TO THEIR DEPARTURE
18 ABROAD NEED NOT REGISTER ANEW; I'ROVIDTD, FINAlJ,Y, THAT
19 THU APPLICANTS SIIALL NOTIFY TIIU COA V, THROUGH ITS
20 CHAIRMAN, OF TTIEIR TRANSFUR IN TIlE PIIILIPPINUS AT LEAST
21 ONE HUNDRED EIGHTY (180) DAYS PRIOR TO THE NEXT NATIONAL
22 ELECTIONS FOR PURPOSUS OIl CANCULLING TIIUIR NAMES IN THU
23 CLOA V AND OF RUMOVING TIIEIR OVERSUAS AI3SENTUE VOTUR'S
24 REGISTRATION RECORDS FROM THE BOOK OF VOTERS".
16
1 Sec. 9. Section '7 of the same Act is hereby renumbered as Section 11 and IS
2 amended to read as follows.
3 "Src. [7Jll. - System of Continuing Registration. - The Commission
4 shall ensure that the benefits of the system of conlinuine reeistration are
5 extended to qualified overseas absentee voters. REGISTRATION SHALL BE
6 CONDUCTED AT LEAST ONE (1) YEAR BEFORE TIlE START OF TIlE
7 VOTING PERIOD. Towards this end, the Commission IS IshaUI
8 AUTHORIZED TO UTILIZE AND optimize tile use cif existing facilities,
9 persolUlel and mechanisms of the various government agencies for purposes
10 of data eatherine AND Idata] validation, information dissemination and
11 facilitaLion of fue reeistralion process.
12 "TIlE INFORMATION AND DATA ACQUIRED TIIROUGII TIIIS
13 PROCESS SHAn BE TREATED AS CONFIDENTIAL AND SHALL BE
14 USED SOLELY FOR AND IN CONNECTION WITH TIlE LAWFUL AND
15 OI'FICIAL FUNCTIONS OF TIlE COMMISSION, AND FOR TIlE
16 PURPOSES INTENDED BY THIS ACT.
17 "Pre-departure ORIENTATION programs (I'DOS), services and
18 mechanisms offered and administered by the Department of Foreign Affairs,
19 Department of Labor and Employment, Philippine Overseas Employment
20 Administration, Overseas Workers' Welfare Administration, Commission on
21 Filipinos Overseas and BY other appropriate agencies of the government
22 AND I'RIV ATE AGENCIES PROVIDING TilE SAME SERVICES SHALL
23 INCLUDE THE SAJ.IENT FEATURES OF THIS ACT AND shall be utilized
17
1 for purposes of supporting the overseas absentee registration and voting
2 processes, subjeclto SYSTEMS limitations AND THOSE imposed by law.
3 "ALL EMPLOYMENT CONTRACTS PROCESSED AND
4 APPROVED BY THE PHILIPPINE OVERSEAS EMPLOYMENT
5 ADMINISTRATION SHALL CONTAIN THE RIGHT OF THE MIGRANT
6 WORKERS TO EXERCISE THEIR CONSTITUTIONAL RIGHT OF
7 SUFFRAGE WITHIN THE LIMITS PROVIDED FOR BY THIS ACT."
8 Sec. 10. Section 8 of tile same Act is hereby renumbered as Sec. 12 and is amended
9 to read as follows:
10 "Sec. [8J 12. Requirements for Registration. - Every Filipino registrant
11 shall be req [lired to furnish the following documents:
12 °a) A valid Philippine passport. In the absence of a valid passport, a
13 certification of the Department of Foreign Affairs that it has reviewed
14 the appropriate documents submitted by the applicant and lIAS found
15 them sufficient to warrant the issuance of a passport, or thai the
16 applicant is a holder of a valid passport but is unable to produce the
17 same for a valid reason;
18 "b) Accomplished regish'ation form preSCribed by the Commission, AND;
19 1containing the following mandatory information:
20 [" 1. Last known residence of the applicant in the Philippines before
21 leav ing for abroad;
22 I"ii. Address of applicant abroad, or forwarding address in the case of
23 seafarers;
18
1 ["iii. Where voting by mail is allowed, the applicant's mailing address
2 outside the Philippines where the ballot for absentee voters will be
3 sent, in proper cases; and;
4 l"iv.Name and address of applicant's authorized representative in the
5 Philippines for purposes of Section 6.7 and Section 12 hereof.
6 I"c. In the case of immigrants and permanent residents not otherwise
7 disqualified to vote under this Act, an affidavit declaring tile intention
8 to resume actual physical permanent residence in the Philippines not
9 later than three (3) years after approval of his/her regish'ation as an
10 overseas absentee voter under this i\ct. Such affidavit shall also state
11 that he/ she has not applied for citizenship in another count'Yl;
12 "c). APPLICANTS WIlO AVAILED TIIEMSEL VES OF TIlE
13 CITIZENSHIP RETENTION AND REACQUISITION ACT (R.A.
14 NO. 9225) SHALL PRESENT THE ORIGINAL OR CERTIFIED
15 TRUE COPY OF TIlE ORDER OF APPROV i\L APPROVING TI!EIR
16 APPLICATION TO RETAIN OR REACQUIRE THEIR FILIPINO
17 CITIZENSHIP ISSUED BY THE POST OR 'fHEIR
18 IDENTIFICATION CERTIFICATE ISSUED BY TIlE BUREAU OF
19 IMMIGRATION,"
20 "The Commission may also require additional data to facilitate
21 registration and recording. No information other than those necessary to
22 establish the identity and qualification of the applicant shall be l·equired.
19
1 "ALL APPLICA'fIONS FOR REGISTRA'fION AND/OR
2 CERTIFICATION AS AN OVERSEAS ABSENTEE VOTER SlIALL BE
3 CONSTVEREV AS APPLICATIONS TO VOTE IN AHSEN'l1A. AN
4 OVERSEAS ABSENTEE VOTER IS PRESUMED TO BE ABROAD UNTIL
5 SHF/HE APPJ.IES FOR TRANSFER OF HER/HIS REGISTRATION
6 RECORDS OR REQUESTS TIIAT llEH/IIIS NAME BE CANCELLED
7 FROM THE NROAV."
8 Sec. 11. Section 9 of the same Act is hereby renumbered as Section 13 and is
9 amended to read as follows:
10 "Sec. [9J13. National Registry of Overseas Absentee Volers
11 (NROA V). - The Commission shall maintain a National Registry of
12 Overseas Absentee Voters (NROAV) CONTAINING THE NAMES OF
13 REGISTERED OVERSEAS ABSENTEE VOTERS AND THE POSTS
14 WHERE TIlEY ARE REGISTERED. [Approved applications of overseas
15 absentee registmnts shall also be included in the permanent list of voters of
16 the city or municipality where the registrant is domiciled, with the
17 corresponding annotation that such person has been registered or will be
18 voti1l8 as an overseas absentee voter. The registry shall also include those
19 registered under Republic Act No. 8189 and who have been issued
20 certifications as overseas absentee voters. The entries in the National
21 RegislTy of Overseas Absentee Voters and the annotations as overseas
22 absentee voters in the Certified Voters' List shall be permanent, and cannot
23 be cancelJed or amended except in any of the following cases:
20
1 "[9.1. When lhe overseas absenlee voler files a leller under oalh
2 addressed 10 the Commission that he/she wishes to be removed from the
3 Reeistry of Overseas Absentee Voters, or that his/her name be transferred to
4 the rceular reeistTY of voters; or,
5 "[9.2. When an overseas absentee voter's name was ordered removed
6 by the Commission from the Regislry of Overseas Absentee Voters for
7 his/her failure to exercise his/her right 10 vote under this Act for two (2)
8 consecutive national elections.]
9 "LIKEWISE, TilE COMMISSION SHALL MAINTAIN A
10 REGISTRY OF OVERSEAS ABSENTEE VOTERS (ROA V) PER
11 MUNICIPALITY, CITY OR DISTRICT CONTAINING THE NAMES OF
12 REGISTERED OVERSEAS ABSENTEE VOTERS DOMICILED THEREIN.
13 TOWARDS THIS END, THE COAV SHALL PROVIDE EACH AND
14 EVERY MUNICIPALITY, CITY OR DISTRICT WITH A ROAV FOR
15 TlIEIR REFERENCE."
16 Sec. 1.2. A new Section 14 is hereby inserted to read as follows:
17 "SJ:C.14. JJJ:ACTIVATION OF RJ:CISTRATION. - "THF. RF.RB
18 SHALL DEACTIVATE AND REMOVE TIlE REGISTRATION RECORDS
19 OF THE FOLLOWING PERSONS FROM THF. CORRESPONDING BOOK
20 OF VOTERS AND PLACE TIlE SAME, l'ROPERL Y MARKED AND
21 DATED, IN THE INACnVE FILF. AFTER ENTERING THE CAUSErS) OF
22 DEACnVATlON. THE FACT OF DEACTIVATION SHALL BE
23 ANNOTATED IN THE NROAV AND TIlE CORRESPONDING ROA V:
21
1 "A). ANY PERSON WHO HAS BEEN SENTENCED BY FINAL
2 JUDGMENT TO SUI'FER IMPRISONMENT FOR NOT LESS TIIAN ONE
3 (1) YEAR, SUCII DISABILITY NOT IIAVING BEEN REMOVED BY
4 PLENARY PARDON OR AMNESTY; PROVIDED, HOWEVER, THAT
5 ANY PERSON DISQUAI.IFIED TO VOTE UNDER THIS PARAGRAPH
6 SHALL AUTOMATICALLY REACQUIRE THE RIGHT TO VOTE UPON
7 THE EXPIRATION OF FIVE (5) YEARS AFTER SERVICE OF SENTENCE,
8 AS CERTIFIED BY THE CLERKS 01' COURTS OF TIlE MUNICIPAL /
9 MUNICIPAL CIRCUIT / METROPOLITAN / REGIONAL TRIAL COURTS
10 AND THE SANDIGANBAYAN;
11 "B). ANY PERSON DECLARED BY COMPETEN'r AUTHORITY TO
12 Bli INSANE OR INCOMPETENT, UNLESS SUCII DISQUALn'ICATION
13 HAS BEEN SUBSEQUENTLY REMOVED BY A DECLARATION OF A
14 PROPER AUTHORITY THAT SUCH PERSON IS NO LONGER INSANE
15 OR INCOMPETENT;
16 "c). ANY PERSON WHO DID NOT VOTE IN 'IWO (2)
17 CONSECUTIVE NATIONAL ELECTIONS AS SHOWN BY TIIEIR
18 VOTING RECORDS, AND;
19 "D). ANY PERSON WHOSE REGISTRATION HAS BEEN
20 ORDERED EXCLUDED BY THE COURTS."
21 Sec. '13. Section 10 of the same Act is hereby renumbered as Section 15.
22 Sec 14. Sections 11 and 12 of the same Act are hereby deleted.
23 "I Sec. r1. Procedure for Application to Vote in Absentia. -
22
1 "[11.1, Every qualified citizen of the Philippines abroad whose
2 application for registration has been approved, including those previously
3 registered under Republic Act No, 8189, shall, in every national election, file
4 with the officer of the embassy, consulate or other foreign service
5 establishment authorized by the Commission, a sworn written application to
6 vote in a form prescribed by the Commission, The authorized officer of such
7 embassy, consulate or other foreign service establishment shall transmilto the
8 Commission the said application to-vote within five (5) days from receipt
9 thereof. '111e application form shall be accomplished in triplicate and
10 sulnnitted together with the photocopy of his/her overseas absentee voter
11 certificate of registration,
12 "111.2, )i,very application to vote in absentia may be done personally at,
13 or by mail to, the embassy, consulate or foreign service establishment, which
14 has jlll"isdiction over the country where he/ she has indicated his/her address
15 for purposes of the elections,
16 "[11.3. Consular and diplomatic services rendered in cOlU1eclion with
17 the overseas absentee voting processes shall be made available at no cost to
18 the overseas absentee voter.
19 "[Sec. 12, Verification and Approval of Application to Vote, - All
20 applications shall be acted upon by the Commission upon receipt thereof, but
21 in no case later than one hundred fifty (150) days before the day of elections,
22 In the event of disapproval of the application, the voter or his authorized
23 representative may file a Motion for Reconsideration wilh the Commission
23
1 personally, or by n;gistered mail, within ten (10) days from receipt of the
2 notice of disapproval. The Commission shall act within five (5) days from
3 receipt of such Molion for Reconsideration and shall immediately nolify the
4 voter of its decision. 'ine decision of the Commission shall be final and
5 executory.
6 "[The Commission shall issue an overseas absentee voter identification
7 card to those whose applications to vote have been approved.]"
8 Sec. 15. A new Section J 6 of the same Act is hereby inserled 10 read as follows:
9 "SIX. 16. REACTIVAll0N or REGISTRATION. - ANY OVERSEAS

10 ABSENTEE VOTER WIlOSE REGISTRATION HAS BEEN
11 DEACTIVATED PURSUANT TO THE PRECEDING SECTION MAY FILE
12 WITH THE COAV AT ANY TIME, BUT NOT LATER THAN ONE
13 HUNDRED TWENTY (120) DAYS BEI'ORE TTIE NEXT NATIONAL
14 ELECTIONS, A SWORN APPLICATION FOR REACTIVATION OF
15 TlER/IIIS REGISTRATION IN TTIE FORM OF AN AFI'JDAVIT STATING
16 THAT TilE GROUNDS FOR TIIE DEACTIVATION NO LONGER EXIST.
17 "THE COAV SHAJ.I. SUBMIT SAID APPJ.ICATION TO THE RERB
18 FOR APPROPRIATE ACTION."
19 Sec. 16. A new Section 17 of the same Act is hereby inserted to read as follows:
20 "SEC.l7. CANCELLATION or REGISTRATION. - TIlE RERB SHALL
21 CANCEL TIJE REGISTRATION RECORDS OF TIJOSE WHO HAVE
22 DIED, AS CERTIl'IED BY EITHER TIlE POSTS OR BY TIfE LOCAL CIVIL
23 REGISTRAR, AND THOSE WHO HAVE BEEN PROVEN TO HAVE LOST
24 THEIR I'lLIPINO CITIZENSHIP."
24
2 "SIX. 18. VOTERS EXCLWJED lTWM TIlE NIWAV '11IIWUGII
3 INADvt:J<1'ENCE. - ANY RliGISTERliD OVliRSEAS ABSliNTlili VOTER
4 WHOSE NAME HAS BEEN INADVERTENTT.Y OMITTED FROM THE
5 NROA V MAY, PliRSONALL Y OR THROUGII IIIS AUTIIORIZED
6 REPRESENTATIVE, FIT.E WITH THE COAV OR WITH THE POST
7 IIAVING JURISDICTION OVliR IIliR/IIIS RliSIDENCli, AN
8 APPLICATION UNDliR OATIl FOR RliINSTATliMENT NOT LATER
9 THAN ONE HUNDRED IWENTY (120) DAYS BEFORE THE START OF
10 THE VOTING PERIOD.
12 "SIX. 19. APPJ.lCATION FOR CORRECTION OF ENTRIES AND
13 CHANCE OF NAME. - ANY REGISTERED ABSENTEE VOTER MAY FIT.E
14 WITII TIlE COAV, OR WITH TIlE POST BAVING JURISDICTION
15 OVER I1EH/ITIS RliSIDliNCE, NOT LATER THAN ONE IlUNDRliD
16 TWliNTY (120) DAYS BEl'ORli TIW START OF TIlE VOTING I'ERIOD,
17 AN APPLICA'J'ION UNDER OATH FOR THE CORREC'J'ION OF
18 MISSPEJJ.ED NAME OR OTHER ENTRIES; CHANGE OF NAME BY
19 REASON OF MARRIAGli, DliATlI 01' HUSBAND, OR BY VIRTUE OF A
20 COURT ORDliR; AND/OR CIIANGE OR CORRliCTlON OF ANY liNTRY
21 IN THE NROA V, CT.OAV AND THE VOTER'S IDS."
25
1 "Sec.[13] 20 . Preparation and Posting of Certified List of Overseas
2 Absentee Voters. - The Commission shall prepare the CLOAV [Certified List
3 of Overseasl within one hundred twenty (120) days before every NATIONAL
4 eleclion, and fl1rnish within the same period ELECTRONIC AND HARD
5 copies thereof to the appropriate POSTS [embassies, consulates and other
6 foreign service establishments], which shall post the same in their bulletin
'7 boards AND/OR WEJ3SITES within ten (10) days from receipt thereof.
8 "Subject to reasonable regulation and the payment of fees in such
9 amounts as may be fixed by the Commission, the candidates, polilical parties,
10 accredited citizens' arms AND all other interested persons Iand all embassies,
11 consulates and other foreign service establishments] shall be furnished copies
12 thereof; PROVIDED, 'lILAT NGO AND OTHER CIVIL SOCIETY
13 ORGANIZATIONS ACCREDITED BY AND WORKING WITU TIlE
14 COMMISSION AS PAiUNERS ON OVERSEAS VOTERS' EDUCATION
15 AND PARTICII'ATTON SHALL BE EXEMPT FROM TIlE PAYMENT OF
16 FEES."
19 "Sec. [14J 21. Printing and Transmittal of Ballots, Voting Instructions,
20 Election Forms and Paraphernalia. -
21 "[14.1] 21.1. The Commission shall cause the printing of ballots for
22 overseas absentee voters, Ivoline instructions, I and ALL OTHER
23 ACCOUNTABLE election forms in such number as may be necessary, but in
24 no case shall lill THEY exceed the tolal number of approved applications.
26
1 Security markings shall be used in the printing of ballots for overseas
2 absentee voters.
3 ''1"14.2]21.2. The Commission shall present to the authorized
4 representatives of the Department of Foreien Affairs and OF the accredited
5 major political parties the ballots for overseas absentee voters, voting
6 instructions, election forms and other election paraphernalia for scrutiny and
7 r
inspection prior to their transrniltalto the POSTS embassies, consulates and
8 other foreign service establishments concerned].
9 "11.4.3121.3. The Commission shall TRANSMIT, AS FAR AS
10 PRACTICABLE BUT not later than FORTY Iseventyl-five 175] (45) days
11 BEFORE the day of elections, [transmit] by special pouch to the POSTS
12 [embassies, consulates and other foreign service establishments,] the exact
13 number of ballots for overseas abseptee voters correspondine to the number
14 of approved applications, alone with such j"materiais and election
15 paraphernalia] ACCOUNT ABLE FORMS necessary to ensure the integrity of
16 the election."
17 "[14.4]21.4. The authorized representatives of accredited major political
18 parties shall have the right to be present in all phases of printing, transmittal
19 and casting of ballots abroad. [Unclaimed ballots properly marked as such,
20 shall be cancelled and shipped to the Commission hy the least costly
21 method.]"
22 "Sec. 21. Section 15 of the same Act is hereby renumbered as Section 22 and is
27
1 "Sec. 1151 22. Regulation on Campaigning Abroad. ~ PF.RSONAL
2 CAMPAIGNING, [TIthe use of campaign materials, as well as the limits on
3 campair,n spending shall be r,overned by the laws and rer,ulations applicable
4 in the Philippines AND TO THF. F.XTF.NT ALLOWF.D BY THF. LAWS OF
5 HOST COUNTRIES; PROVIDED, THAT, ALL FORMS OF
6 CAMP AIGNING ABROAD WITIIIN TIlE 30-DA Y OVERSEAS ABSENTEE
7 VOTING PF.RIOD SHAJ.J. BF. PROHIBI'l'F.D."
9 "sr;c. 23. VOTING. - VOTING MAYBE DONE FITHER
10 PERSONALLY, BY MAIL, OR BY ANY OTHER MEANS AS MAY BE
11 ALLOWED UNDER OTHER EXISTING LAWS. FOR TIIIS PURPOSE,
12 THF, COMMISSION SHAJ.J. ISSUE THE NECESSARY GUIDELINES ON
13 THE MANNER AND PROCF.DURES OF VOTING.
]4 "TIIE COAV, IN CONSULTATION WITII DFA-OAVS, SHALL
15 DETERMINE THE COUNTRIES WIIERE VOTING SIIALL BE DONE BY
16 ANY SPECIFIC MODF., TAKING INTO CONSIDERATION THE
17 MINIMUM CRITERIA ENUMERATED UNDER THIS ACT WHICH
18 SHALL INCLUDE THF. NUMBER OF REGISTF.RED VOTF.RS,
19 ACCESSIBILITY OF THF. POSTS, F.FFlCIENCY OF THE HOST
20 COUNTRY'S APPLIED SYSTEM AND SUCII OTHER CIRCUMSTANCES
2] TI IAT MAY AFFECT THE CONDUCT OF VOTING.
22 "THE COMMISSION SHAT), ANNOUNCF. THE SPECIFIC MODF.
23 OF VOTING PER COUNTRY/POST AT LEAST ONE-HUNDRED
24 TWENTY (120) DAYS BEFORE TIlE START OF THE VOTING PERIOD.
28
1 'THE COMMISSION SHALL ISSUE AN OVERSEAS ABSENTEE
2 VOTER IOENTIl'ICATION CARD TO THOSE WIIOSE APPLICATIONS
3 TO VOTE IIA VE BEEN APPROVED."
4 SEC. 23. Section 16 of the same Act is hereby renumbered as Section 24 and is
6 ' "Sec. [16] 24. PTRSONAJ, VOTING. - Casting and Submission of Ballots.
7 "116.11 24.1 Upon receipt Iby the designated officer of the embassy,
S consulate and other foreign service establishments] of the ballots AND
9 OTHER ACCOUNTABLE FORMS, VOTING MACHINES AND OTHER
10 HARDWARE AND SOFTWARE for overseas absentee voters [,voting
11 instructions, election forms and other paraphernalia] TIlE SBRCG Ihe/shel
12 shall make them available on the premises to the qualified overseas absentee
13 voters in their respective jurisdictions 1durin£, the thirty (30) days before the
14 day of elections when overseas absentee voters may cast their vote.
15 Immediately upon receiving it, the overseas absentee voter must fill-out
16 his/her ballot personally, in secret, without leaving the premises of the
17 embassies, consulates, and other I'orei£,n Service establishments concerned. 1
18 DURING THE THIRTY-DAY (30) VOTING PERIOD.
19 "TIIE COMMISSION SHALL CONSTITUTE AS MANY SPECIAL
20 BALLOT RECEPTION GROUPS (SBRCGs) AS MAY BE NECESSARY TO
21 RECEIVE AND TAKE CUSTODY OF ALL ACCOUNTABLE AND OTHER
22 ELECTION FORMS, SUPPLIES AND PARAPHERNALIA FROM THE
23 COAV FOR TRANSMITTAL TO THE SPECIAL BOARDS OF ELECTION
24 INSPECTORS (SBEIS) AND TO THE SPECIAL BOARD OF
29
1 CANVASSERS. EACH SBRCG SHALL BE COMPOSED OF THREE (3)
2 MEMBERS FROM AMONG TIlE STAFF 01' TIIE POSTS CONCERNED,
3 INCLUDING THEIR ATTACHED AGENCIES, AND FILIPINO CITIZENS
4 ABROAD.
5 "THE COMMISSION SHATJ" LIKEWISE, CONS'J'I'J'U'J'E AS
6 MANY SPECIAL BOARDS OF ELECTION INSPECTORS (SBEIs) AS MAY
7 BE NECESSARY TO CONDUCT AND SUPERVISE THE VOTING AND
8 COU NTING OF VOTES.
9 "EACH SBm SIIALL BE COMPOSED OF A CHAIRMAN,
10 DESIGNATED AS SUCH BY THE COMMISSION FROM AMONG
11 CAREER PUBLIC OFFICERS POSTED ABROAD, AND 'tWO (2)
12 GOVERNMENT OFFICERS AS MEMBERS, ONE 01' WIIOM SHALL BE
13 DESIGNATED AS POLL CLERK. IN THE ABSENCE OF SUCH OTHER
14 GOVERNMENT OFFICERS, THE 1WO MEMBERS SHALL BE FILIPINO
15 CI'l'IZENS QUALIFIED TO REGIS'J'ER OR VOTE UNDER THIS ACT
16 AND SHALL BE DEPUTIZED BY THE COMMISSION NOT LATER
17 THAN SIXTY (60) DAYS BEFORE TIlE START OF TIIE VOTING
18 PERIOD.
19 "ALL SBEI RESOLUTIONS SHAU, BE VALID ONLY WHEN
20 APPROVED BY A MAJORITY OF THE MEMBERS OF THE BOARD."
21 "24.2. VOTING SHALL BE DONE AT TIlE POSTS, OR WIlEREVER
22 FIELD REGISTRATIONS WERE CONDUCTED, OR AT ANY OTHER
23 POLLING PLACE DESIGNATED/ACCREDITED AS SUCH BY THE
24 COMMISSION.
30
1 "[16.2. The overseas absentee voter shall personally accomplish his/her
2 ballot at the embassy, consulate or other foreign service establishment that
3 has jurisdiction over the country where he/ she temporarily resides or at any
4 polling place designated and accredited by the Commission. 1
5 "[16.3]. 24.3. The overseas absentee voter shall cast HEH/IIlS [his/herl
6 ballot, upon presentation of the absentee voter identification card issued by
7 the Commission OR SUCII OTUER DOCUMENTS ACCEPTABLE TO TIlE
8 SBE! AT THE POST AS SUFFICIENT TO ESTABLISH HERjHlS
9 IDENTITY [within thiTty (30) days before the day of elections. In the case of
10 seafarers, they shall cast their ballots anytime within sixty (60) days before the
11 day of elections as prescribed in the Implementing Rules and Guidelines I.
12 "IMMEDIATELY UPON RECEIVING IIEH/IIIS BALLOT, TIlE
13 OVERSEAS ABSENTEE VOTER MUST FILL rr OUT PERSON ALLY, IN
14 SECRET AND WITIlOUT LEAVING TIlE PREMISES OF TIlE POST OR
15 OF ANY OTIlER DESIGNATED/ACCREDITED POLLING PLACE.
16 "[16.4] 24.4. All accomplished ballots received shall be placed IN sealed
17 containers and kept in a secure place designated by the Commission.
18 "1"16.51 24.5. The SBRCG [embassies, consulates and other foreign
19 service establishments concerned] shall keep a complete record of the ballots
20 for overseas absentee voters, specifically indicating the number of ballots they
21 actually received [, and in cases where voting by mail is allowed under
22 Section 17 hereof, the names and addresses of the voters to whom these
23 ballots were sent, including proof of receipt thereofl. In addition, Uw SBRCG
24 [embassies, consulates and other foreign service establishments] shall submit
31
1 a formal report to the Commission and TO the Joint Congressional Oversight
2 Committee created under this Act within thirty (30) days from the day of
3 elections. Such report shall contain data on the number of ballots cast and
4 received by the offices, the number of invalid and unclaimed ballots and other
5 pertinent data.
6 "24.6 BEFORE THE START OF THE COUNTING, ALL UNUSED
7 BALLOTS SHALL BE ACCOUNTED FOR AND DISPOSED OF
8 APPROPRIATELY BY THE CONCERNED POSTS, WITH THE
9 CORRESPONDING FORMAL REPORT OF SUCH FACTS
10 TRANSMITTED TO THE COMMISSION.
11 "[16.6. The overseas absentee voter shall be instructed that his/her
12 ballot shall not be counted if it is not inside the special envelope furnished
13 him/her when it is cast.
14 "[16.7. Ballots not claimed by the overseas absentee voters at the
15 embassies, consulates and other foreign service establishments, in case of
16 personal voting, and ballots returned to the embassies, consulates and other
17 foreign service establishments concerned, in the case of voting by mail, shall be
18 cancelled and shipped to the Commission by the least costly method within six
19 (6) months from the day of elections.]
20 "[16.8] 24.7. Only ballots cast [and mailed ballots received by the
21 Philippine embassies, consulates and other foreign service establishments
22 concerned in accordance with Section 17 hereof before the close of voting on
23 the day of elections shall be counted in accordance with Section 18 hereof. All
24 envelopes containing the ballots received by the embassies, consulates and
32
1 other foreign service establishments after the prescribed period shall not be
2 opened, and shall be cancelled and shipped to the Commission by the least
3 costly method within six (6) months from the day of elections] AT OR
4 BEFORE THE CLOSE OF VOTING ON THE DAY OF ELECTIONS SHALL
5 BE COUNTED."
6 "[16.9. A Special Ballot Reception and Custody Group composed of
7 three (3) members shall be constituted by the Commission from among the.
8 staff of the embassies, consulates and other foreign service establishments
9 concerned, including their attached agencies, and citizens of the Philippines
10 abroad, who will be deputized to receive ballots and take custody of the same
11 preparatory to their transmittal to the Special Boards of Election Inspectors.]
12 "[16.10] 24.8. During THE VOTING, [this phase of the election
13 process] the authorized representatives of the political parties, candidates, and
14 accredited citizens' arms of the Commission shall be notified THEREOF in
15 writing [thereof] and shall have the right to witness the proceedings.
16 "[16.11. The Commission shall study the use of electronic mail,
17 Internet, or other secured networks in the casting of votes, and submit a report
18 thereon to the Joint Congressional Oversight Committee.]"
21 "Sec. [17125. Voting by Mail. - MAILING AND SUBMISSION OF
22 BALLOTS.
33
1 U[17.1.For the May, 2004 elections, the Commission shall authorize
2 voting by mail in not more than three (3) countries, subjecl to the approval of
3 the Coneressional Oversieht Committee. Votine by mail may be allowed in
4 countries that satisfy the following conditions:
5 a. Where the mailing system is fairly well-developed and secure to
6 prevent the occasion of fraud;
7 b. Where there exists a technically established identification
8 system that would preclude multiple or proxy voting; and,
9 c. Where the system of reception and custody of mailed ballots in
10 the embassies, consulates and other foreign service
11 establishments concerned are adequate and well-secured.
12 "Thereafter, voline by mail in any counh'y shall be allowed only upon
13 review and approval of the Joint Coneressional Oversieht Committee. I
14 "25.:1. THE COMMISSION SHALL TAKE CUSTODY OF AJ.I.
15 OUTGOING llALLOTS PREPARATORY TO THEIR MAILING TO TilE
16 VOTERS OR TO THE POSTS.
1'7 uTHE COMMISSION SHALL MAIL TIlE llALLOTS DIRECTLY TO
18 TIlE REGISTERED VOTERS OR TO TIlE POSTS THROUGH TIlE
19 FACIJ.ITIES OF THE PHILIPPINE POSTAl. CORPORATION
20 (PHIl.POST). THE PHIl.POST SHAJ.J. ENSURE THE SECRECY AND
21 SANCTITY OF TIlE MAILED BALLOTS AND SHALL GIVE TIIEM
22 PREFERENCE OVER ALI. OTHER MAlI. MATTERS.
34
1 "THE COMMISSION SHALL CONSTITUTE SPECIAL BALLOT
2 RECEPTION GROUPS (SBRCGs) FOR EVERY POST FOR WIIICII
3 VOTING BY MAIL IS TIlE DESIGNATED VOTING MODE TO RECEIVE
4 AND TAKE CUSTODY OF ALL ACCOUNTABLE AND OTHER
5 ELECTION FORMS, SUPPLIES AND PARAPHERNALIA FROM THE
6 COAV FOR TRANSMITTAL TO THE SPECIAl, BOARDS OF ELECTION
7 INSPECrORS (SBEIS) AND TO THE SPECIAL BOARD OF
8 CANV ASSERS, AS WELL AS TO RECORD, VERIFY, RECEIVE AND
9 TAKE CUSTODY OF ALL MAILED ACCOMPLISlIED BALLOTS. EACH
10 SBRCG SHALL BE COMPOSED OF THREE (3) MEMBERS FROM
11 AMONG THE STAFF OF THE POSTS CONCERNED, INCLUDING
12 THEIR ATTACHED AGENCIES, AND FILIPINO CITIZENS ABROAD."
13 "117.21 25.2. The overseas absentee voter shall send HER/HIS Ihis/herl
14 accomplished ballot IN THE ACCOMPANYING SPECIAL ENVELOPE AT
15 ANY TIME AI'TER RECEIPT THEREOF AND ENSURE TIlAT THE SAME
16 BALLOT IS RECEIVED AND STAMPMARKED BY THE POST ON OR
17 BEFORE THE CLOSE OF VOTING ON THE DAY OF ELECTIONS Ito the
18 corresponding embassy, consular or other foreign service establishment that
19 has jurisdiction over the countTy where he/ she temporarily resides. Ile/ she
20 shall be entitled to cast his/her ballot at any time upon his/her receipt
21 thereof, provided that the same Is received before the close of votine on the
22 day of elections. The overseas absentee voter shall be instTucled tht his/her
23 ballot shall not be counted if nottransmiUed in the special envelope furnished
24 him/herl·
35
•
1 "[17.31 25.3. Only mailed ballots STAMPMARKED BY TIlE
2 LOCAL POSTAL SERVICE AS HAVING BEEN MAILED BEFORE CLOSE
3 OF VOTING AND RECEIVED BY TIlE SBCRG DURING TIlE
4 COUNTING OF VOTES SHALL BE COUNTED. [received by the Philippine
5 embassy, consulate and other foreign service establishments before the close
6 of votmg on the day of elections shall be counted in accordance with Section
7 18 hereof.! All envelopes containine the ACCOMPLISHED ballots received
8 AFTER THE COUNTING OF VOTF.S SHALL NOT BE OPENED AND
9 SlIALL BE FILED AND KEPT [by the embassies, consulates and other
10 foreign service establishments after the prescribed period shall not be opened,
11 and shall be cancelled and disposed of] appropriately FOR PURPOSES OF
12 DOCUMF.NTATION, with a correspondine INVF.NTORY report thereon
13 [submilled to the Commission not later than thirty (30) days from the day of
14 . elections]. ACCREDITED MAJOR POLITICAL PARTIES SIIALL BE
15 FURNISHF.D COPIF.S OF THF. SAID REPORT NOT LATER THAN
16 THIRTY (30) DAYS AFTF.RTHE DAY OF F.LECTIONS.
17 "26.4. TIlE COMMISSION SHALL MAINTAIN A COMPLETE
18 REPORT OF 'l'HE NAMES AND ADDRFSSES OF THE VOTERS TO
19 WIIOM TIlE BALLOTS WERE SENT, INCLUDING TIlE NUMBER OF
20 BALLOTS CAST AND RECEIVED BY TIlE SBRCG, TIlE NUMBER OF
21 INVALID AND UNCLAIMED BALLO'rS, AS WFLT. AS OTHF.R
22 PF.RTINFNT DATA AND MAKF A 'l'IMHY RF.PORT THEREON TO
23 JOINT CONGRESSIONAL OVERSIGHT COMMITTEE.
36
..
1 "26.5. ALL MAILED BALLOTS MARKED "RETURN TO SENDER"
2 AND RETURNED TO THE COMMISSION SIIALL NOT BE OPENED.
3 TIlE SAME SHALL BE CANCELLED AND DISPOSED OF
4 APPROPRIATELY, WITH A CORRESPONDING INVENTORY REPORT
5 THEREON DULY FURNISHED THE MAJOR POLITICAL PARTIES NOT
6 LATER 'fHAN THIRTY (30) DAYS AFTER 'J'HE DAY OF ELECTIONS."
8 "SEC. 27. VOTING BY SJ:AFARJ:RS. - SEAFARERS MAY VOTE IN
9 ACCORDANCE WrrH SECTION 2" OF THIS ACT. FOR THIS PURPOSE,
10 THE COMMISSION SHALL PREPARE A SEPARATE CLOAV FOR
11 SEAFARERS."
13 "SEe. 28. VOTING PRIVILEGE 01' MEMBERS 01' 'J'IIE SHU, SHRCG
14 AND SHOe. - GOVERNMENT EMPLOYEES POSTED ABROAD WIlO
15 WILL PERFORM ELECTION DUTIES AS MEMBERS OF THE SUEl,
16 SBCRG AND SBOC SHALL BE ALLOWED TO VOTE IN THE POST;
17 PROVIDr:D, THAT, THEY ARE REGISTERED EITHER IN THE
18 PJIILIPPINES OR AS OVERSEAS ABSENTEE VOTERS."
19 Sec. 27. Section 18 of the same Act is hereby renumbered as Section 29 and
21 "Sec. [18]29. - On-site Counting and Canvassing-
22 "[18.1] 29.1. The counting and canvassing of votes shall be conducted
23 onsite in the conntry where the votes were actually cast. The openinG of the
24 specially-marked envelopes and containers containing the ballots and the
37
1 counting and canvassing of votes shall be conducted within the premises of
2 the [embassies, consulates and other Foreign Service establishments, or in
3 such other places as may be designated by the Commission pursuant to the
4 Implementing Rules and Regulations.I-POSTS or WITHIN ANY OTHER
5 POLLING ('LACE DESIGNATED/ACCREDITED AS SUCH BY TIlE
6 COMMISSION. The Commission shall ensure that the start of counting in
7 polling places abroad shall, [be synchronizedl AS FAR AS PRACTICABLE,
8 COINCIDE with the start of the counting in the Ph'ilippines, TAKING
9 INTO CONSIDERATION THE RESPEC'J'IVE TIME ZONES OF THE
10 DIFFERENT POSTS."
11 "(18.2(. 29.2. (For these purposes, the Commission shall constitute as
12 many Special Boards of Election Inspectors (SUEIs) as may be necessary to
13 conduct and supervise the counting of votes as prOVided in Section 18.1
14 hereof. The Special Boards of Election Inspectors to be constituted therein
15 shall be composed of a Chairman and two (2) members, one (1) of whom shall
16 be designated as poll clerk. The ambassador, or consul-general, or any career
17 public officer posted abroad designated by the Commission, as the case may
18 be, shall act as the chairman; in the absence of other government officers, the
19 two (2) other members shall be citizens of the Philippines who are qualified to
20 register and vote under this Act and deputized by the Commission not later
21 than sixty (60) days before the day of elections. All resolutions of the Special
22 Boards of Election Inspectors sums on issues brought before it during the
38
1 conduct of its proceedings shall be valid only when they carry the approval of
2 the chairman,]
3 "Immediately upon the completion of the counting, the ISpecial Boards
4 of HlecHon Inspectors I SBEls shall l1'ansmit Ivia facsimile and/ or elecl1'onic
5 maill the results to the Commission in Manila and TO the accredited major
6 political pal'lices VIA FACSIMILE, ELECTRONIC MAIL AND/OR I3Y ANY
7 OTHER SAFE, SECURE AND RELIABLE MEANS OF TRANSMISSION,"
8 ["18,3, Only ballots cast on, or received by the embassies, consulates
9 and other foreign service establishments before the close of voting on the day
10 of elections shall be included in the counting of votes, Those received
11 afterwards shall not be counted, I
12 "[18,4] 29.3. A Special130ard of Canvassers (S13oq composed of Tl IE
13 IIIGIJEST RANKING OH'ICER FROM TITE POST [a lawyer preferably of
14 the Commission] as chairlmanlPERSON, a senior career officer from any of
15 the government agencies maintaining a post abroad and, in the absence of
16 another government officer, a citizen of the Philippines qualified to vote
17 under this Act AND deputized by the Commission, as vice-
18 chairlmanlPERSON and member-secretary, respectively, shall be constituted
19 to canvass the election returns submilled to it by the SUUs [Special13oards
20 of Election Inspectors]. Immediately upon the completion of the canvass, the
21 chairlmanlPERSON of the SBOC ISpecial Boards of Canvassers I shall
22 transmit via facsimile, electronic mail, AND/or BY any other SAFE, SECURE
23 AND RELIABLE means of transmission [equally safe and reliable] the
39
1 Certificates of Canvass and the Statements of Votes to the Commission, and
2 shall cause to preserve the same immediately after the conclusion of the
3 canvass, and make it available upon the instructions of the Commission.
4 The SBOC ISpecial Board of Canvassers I shall also furnish the
5 accredited major political parties aild accredited citizens' arms with copies
6 thereof via facsimile, eledronic mail AND/or BY any other SAFE, SECUIU:
'7 AND RELIABLE means of transmission [equally safe, secure and reliablel.
8 "The Certificates of Canvass and the accompanying Statements of
9 Votes as transmitted via facsimile, electronic mail AND/or any other SAFE,
10 SECURE AND RELIABLE means of transmission lequally safe, secure and
11 reliable] shall be the primary basis for the national canvass."
12 "[18.5] 29.4. The canvass of OVERSEAS votes shall not cause the delay
13 of the proclamation of a winnine candidate if the outcome of the election will
14 not be affected by the results thereof. NOlwithstandine the foreeoine, the
15 Commission, AS NATIONAL BOARD OF CANVASSERS FOR
J6 SENATORS AND PARTY-LIST REPRESENTATIVES, OR CONGRESS,
1'7 AS NATIONAL 130ARD OF CANVASSERS FOR PRESIDENT AND
18 VICE-PRESIDENT, SHALL PROCLAIM THE lis empowered to order the
19 proclamation of! winnine candidates despite the fact that the scheduled
20 election has not taken place in a particular country or counl1'ies, if the holdine
21 of eleclions therein has been rendered impossible by events, factors and
22 circumstances peculiar to such country or countTies, and which events, [aclors
23 and circumstances are beyond the control or influence of the Commission."
40
1 "[18.6] 29.5. In the preparation of the final tally of votes on the results
2 of the national elections, [the Commission, shall ensure that] the votes
3 canvassed by each and every country shall be reflected as a separate item
4 from the tally of nahonal votes. ]ior purposes of this Act, the returns of every
5 election for P[pjresident and V[vlice-P[p]resident prepared by the Special
6 Board of Canvassers shall be deemed a certificate of canvass of a city or a
7 province."
8 "[18.7]29.6. Where feasible, the counting and canvassing of votes shall
9 be automated. Towards this end, the Commission is hereby authorized to
10 borrow, rent, lease or acquire automated [voting I COUNTING machines for
11 purposes of canvaSSing and counling of votes pursuant to the provisions of
12 this Act, and in accordance with the Implementing Rules and Regulations
13 promulgated by tile Commission."
15 "SIX. 30. AUTHORITY TO ADOPT OTHr;R MODr;s on SYSTr;MS
16 USING AU'l'OMA'l't:lJ Ht:C'l'ION SYSnM - NOTWITHSTANDING
17 CURRENT PROCEDURES AND SYSTEMS HEREIN PROVIDED, FOR
18 THE PROPER IMPLEMENTATION OF THIS ACT AND IN VIEW OF
19 THE PECULIARITIES ATTENDANT TO THE OVERSEAS ABSENTEE
20 PROCESS, TIlE COMMISSION MAY EXPLORE AND ADOPT OTHER
21 MORE EFFICIENT, RELIABLE AND SECURE MODES OR SYSTEMS,
22 WHETHER PAPER-, EI.ECTRONIC-, TECHNOI.OGY- OR INTERNET-
23 BASED, FOR ONSITE AND REMOTE REGISTRATION AND
41
1 VOTING, COUNTING, CANVASSING AND CONSOLIDATION OF
2 VOTES, AS WELL AS FOR TIlE TRANSMITTAL OF RESULTS."
4 "SfC. 31. PROCURfMfNT OF FACIUnJ:S, fQUIl'MfNT,
5 MATERIALS, SUPPLIES OR SERVICES. - TO ACIlIEVE TilE PURPOSE
6 OF THIS ACT, THE COMMISSION MAY, LIKEWISE, PROCURE
7 FROM LOCAL OR FOREIGN SOURCES, THROUGH PURCHASE,
S LEASE, RENT OR OTHER FORMS OF ACQUISITION, HARDWARE
9 OR SOFlWARE, FACILITIES, EQUIPMENT, MATERIALS, SUPPLIES
10 OR SERVICES IN ACCORDANCE WITn EXISTING LAWS, FREE
11 FROM IMPORT TAXES AND DUTIES, SUBJECT TO GOVERNMENT
12 PROCUREMENT RULES AND REGULATIONS."
13 Sec. 30. Sec. 19 of the same Act is hereby renumbered as Section 32 and is amended
14 to read as follows:
15 "Sec.[19]32. [Authority of the Commission to Promulgate] Rules ANI)
16 l<EGULA'110NS. - The Commission shall PROMULGATE [issue the
J7 necessary] rules and regulations FOR THE [to effectively-implement the]
18 IMPLEMENTATION AND ENFORCEMENT OF TIlE provisions of this
19 ACT within sixty (60) days from the effectivity THEREOF lof this Actl. IThe
20 Implementine Rules and Regulations shall be submitted to the Joint
21 Congressional Oversight Commillee created by virtue of this Act for prior
22 approval].
23 "[In the formulation of the rules and regulations, the Commission
24 shall coordinate with the Department of Foreien Affairs, Department of Labor
42
1 and Employment, Philippine Overseas and Employment AdministTation,
2 Overseas Workers' Welfare Administration and the Commission on Filipinos
3 Overseas. Non-eovermnent organizations and accredited Filipino
4 organizations Or associations abroad shall be consulted,J"
6 amended l~ read as follows:
7 "Sec. [20]33. -Information Campaign - The Commission, in coordination with
8 agencies concerned, shall undertake an information campaign to educate the
9 public on the ITlalmer of absentee vOline for qualified overseas absentee
10 voters. It may require the support and assistance of the Department of
11 Foreign Affairs, through the POSTS [through the embassies, consulates and
J2 other foreign service establishments], Department of Labor and Employment,
13 Department of Transportation and Communications, Philippine Postal
14 Corporation, Philippine Overseas Employment Adminish'alion, Overseas
15 Workers' Welfare Administration and the Commission on Filipinos Overseas.
16 [The Commission may deputize Filipino organizations/ associations overseas
17 for the same purpose: Provided, that any such deputized oreanizalion/
18 association shall be prohibited from participating in the elections by
19 campaienine for or fielding candidates; Provided, further, That if any SLlCh
20 deputized oreanizalion/ association is discovered to have a member who is
21 not a qualified overseas absentee voter, as hereil1 defined, such deputized
22 orp;anizalion/ association shall be banned from participating in any manner,
23 and at any stage, in the Philippine political process abroad.] "Such
43
1 information campaign shall educate the Filipino public, within and outside
2 the Philippines, on the PIIILlPPINE ELECTORAL SYSTEM, [on] theIR
3 rights AS overseas absentee voters, absentee voting processes and other
4 related concerns. Information materials shall be developed by the
5 Commission for distribution, through the said government agencies and
6 private organizations. No government agency [or accredited private
7 organizations] shall prepare, print, distribute or post in [websites] any
8 information material without the prior approval of the Commission.
9 "TIlE COMMISSION IS AUTIIORIZED TO Al'PROPIUATE NOT
10 LESS THAN TEN PER CENT (10%) OF THE OVERSEAS ABSENTEE
11 VOTING BUDGET TO DEFRAY TIlE COSTS OF EFFECTIVELY
12 CARRYING OUT TIlE OVERSEAS ABSENTEE VOTERS INI'ORMA TION
13 AND EDUCATION CAMPAIGN.
14 "TIlE COMMISSION MAY ENTER INTO CONTRACTS WITII
15 PUBLIC OR PRIVATE ENTITIES TO ENSURE EFFECTIVE AND
16 EFFJCIF.NT INFORMATION DISSEMINATION."
18 "SEC. 34. ROLE AND ENGAGEMENT or I'ILIPINO CIVIL SOCIE'IY

19 ORGANIZATIONS. - TIlE COMMISSION SHALL ENCOURAGE AND
20 ENGAGE TIlE PARTICIPATION OF LOCAL AND OVERSEAS FILIPINO
21 CIVIL SOCIF.TY ORGANIZATIONS AS ACCREDITED OR DEPUTIZED
22 PARTNERS AT ANY STAGE OF THE OVERSEAS EY.ECfORAY.
23 PROCESS, SUBJECT TO TIlE GUIDELINES AND LIMITATIONS
24 ELSEWHERE PROVIDED IN TlIlS ACT OR IN OTHER RELEVANT
44
1 LAWS, AS WF.LL AS THOSF. THAT THF. COMMISSION SHALL
2 PROMULGATE; l'ROVIDliD, THAT ANY SUCH ORGANIZATION OR
3 ASSOCIATION SHALL BE ACCREIJlTED OR DEPUTIZED ON TIlE
4 BASIS OF THEIR PRF.SENCF., RF.ACH AND RESOURCES TO F.DUCATF.
5 THF. FILIPINO PUBLIC ON THF. PHILIPPINF. F.LF.CTORAL SYSTEM,
6 TUEIR RIGHTS AS OVERSEAS ABSENTEE VOTERS, TilE ABSENTEE
7 VOTING PROCESSES AND OTHER RELATED CONCERNS, AS WELL
8 AS TO DISSEMINATE INFORMATION DEVELOPED BY THE
9 COMMISSION EFFECTIVELY AND IN A TIMF.LY MANNF.R;
10 l'ROVWTD, FURTHTR, THAT NO SUCH ACCREDITED OR DEPUTIZED
11 ORGANIZATION SIIALL PREPARE, PRINT, DISTRIBUTE OR POST
12 ANY INFORMATION OR MATERIAL WITHOUT THF. PRIOR
13 APPROV AI, OF THE COMMISSION; l'ROVIDTD, FURTHTR, THAT ANY
14 SUCII ACCREDITED OR DEPUTIZED ORGANIZATION OR
15 ASSOCIATION SHALL BE PROIIIBITED FROM CAMPAIGNING FOR
16 OR FEILDING CANDIDATES; l'ROVIDTD, FINAHY, THAT IF ANY
17 SUCH ORGANIZATION OR ASSOCIATION IS DISCOVF.RF.D TO
18 HAVE A MEMBER WHO IS NOT QUALIFIED OVERSEAS ABSENTEE
19 VOTER AS HEREIN DEFINED, SUCII DEPUTIZED ORGANIZATION
20 OR ASSOCIATION SHALT. BF. BANNF.D FROM PARTICIPATING IN
21 ANY MANNER AND AT ANY STAGE IN TIlE PIIILIl'PINE POLITICAL
22 PROCF.SS ABROAD."
,
45
1 "SIX. 35. TRAININGS. - "TRAfNING OF TIlE MEMBERS OF
2 FOREIGN SERVICE CORPS ON OVERSEAS ABSENTEE VOTING
3 PROCESSES, RULES AND PROCEDURES, TO BE UNDERTAKEN BY
4 TIlE COMMISSION IN COORIJINATION WITrr TIlE DFA-OAVS,
5 SHALL FORM AN INTEGRAL PART OF THEIR BRIEFING AND
6 ORIENTA'J'ION PRIOR TO THEIR POSTING ABROAD.
7 "TIlE COAV, THROUGH ITS CHAIRMAN, MAY ALSO
8 AUTHORIZE TIlE CONDUCT OF TRAININGS OF THE MEMBERS OF
9 THE DEPUTIZED BODIES CONCERNING THE PROCESSES, RULES
10 AND PROCEDURES ON REGISTRATION AND ELECTION BOTH HERE
11 AND ABROAD AT LEAST ONE HUNDRED 'IWENTY (120) DAYS
12 BEFORE EACH SCHEDULED REGISTRATION OR NATIONAL
13 ELECTION."
14 Sec. 34. Section 21 of the same Act is hereby renumbered as Section 36.
15 Sec. 35. Sect~ion 22 of the same Act is hereby renumbered as Section 37 and is
16 amended to I'ead as follows:
17 "Sec. [22137. - Assistance from Govemment Agencies. - All government
18 officers, particularly from the Department of Foreign Affairs, Department of
19 Labor and Employment, Department of Transportation and Communications,
20 Philippine Postal Corporation, Philippine Overseas Employment
21 Administration, Overseas Workers' Welfare Administration, Commission on
22 Pilipinos Overseas and other government offices concerned with the welfare
23 of the Pilipinos overseas shall, to the extent compatible with their primary
24 responsibilities, assist the Commission in carrying out the provisions of this
46
1 Act. All such agencies or officers thereof shall take reasonable measures to
2 expedite all election activities, which the Commission shall require of them.
3 When necessary, the Commission may send supervisory teams headed by
4 career officers to assist the POSTS lembassies, consulates and other foreign
5 service establishments concerned].
6 "LIKEWISE, CONSULAR AN)) OIPLOMATIC SERVICES
7 RENDERED IN CONNECTION WITU TIlE OVERSEAS ABSENTEE
8 VOTING PROCF.SSF.S SHALL BF. MADF. AVAIl.ABLF. AT NO COST TO
9 THF. OVF.RSF.AS ABSF.NTF.F. VOTF.R."
10 Sec. 36. Section 23 of the same Act is hereby renumbered as Section 38.
13 "Sec. [24] 39. Prohibited Acts. In addition to the prohibited acts
14 provided by law, it shall be unlawful:
15 "124.1139.1. I'or any officer or employee of the Philippine government
16 to influence or attempt to influence any person covered by this Act to vote, or
17 not to vote, for a particular candidate. Nothing in this Act shall be deemed to
18 prohibit free discussion regarding politics or candidates for public office.
19 "124.2139.2. For any person to deprive ANOTHF.R [any person] of any
20 right secured in this Act, or to give false information as to IIER/his[jher]
21 name, address, or period of residence for the purposes of establishine
22 HF.R/hisl/herl eligibility or inelieibility to register or vote under this Act; or
23 to conspire with another person for the purpose of encouraging the giving of
24 false information in order to establish the eligibility or .ineligibility of any
47
1 individual to register or vote under this Act; or to pay, or offer to pay, or to
2 accept payment either for application FOR REGJSTRATION, or for voting;
3 "124.31 39.3. For any person to STEAL, CONCEAL, ALTER,
4 DESTROY, MU'l'ILATE, MANIPULATE, OR IN ANY WAY tamper with Ithe
5 ballot,] the mail containing the ballots for overseas absentee voters, TIlE
6 BALLOT, the (,lection returns, [including the destruction, mutilation and
7 manipulation thereof;] OR ANY RECORD, DOCUMENT OR PAPER AS
8 REQUIRED FOR PURPOSES OF THIS ACT;
9 ["24.4. For any person to steal, destToy, conceal, mutiIate or aller any
10 record, document or paper as required for purposes of this Act; 1
11 "124.51 39.4. For any deputized agent to refuse without justifiable
12 ground, to serve or serving, or to comply with his/her sworn duties after
13 acceptance of his/her appointment;
14 "124.61" 39.5. For any public officer or employee OR ACCREDI'l'ED OR
15 DEPUTIZED ORGANIZATION OR ASSOCIATION TO [who shall] cause
16 the preparation, printing, distribution OR POSTING of information OR
17 material!, or post the same in websitesl without the prior approval of the
18 COlnnlissioIlj
19 "[24.7] 39.6. For any public officer or employee to cause the transfer,
20 promotion, extension, recall of any member of the Foreign Service corps,
21 including members of the attached agencies, or otherwise cause the movement
22 of any such member from his current post or position one (1) year before and
48
•
1 three (3) months after the day of elections, without securing the prior approval
2 of the Conmussion;
3 "124.81 39.8. 1'01' any person who, after bein!j deputized by the
4 Commission to undertake activities in connection with the implementation of
5 this Act, shall campaign for 01' assist, in whatever manner, candidates in the
6 elections;
7 "39.9. FOR ANY PERSON '1'0 ENGAGE IN PARTISAN POLITICAL
8 ACTIVITY ABROAD DURING THE 30-DAY OVERSEAS ABSENTEE
9 VOTING PERIOD."
10 "[24.9] 39.10. For any person who is not a citizen of the Philippines to
11 participate, by word or deed, directly or indirectly throu!jh qualified
12 organizat"ions/ associations, in any manner and at any sla!je of the Philippine
13 political process abroad, including participation in the campaign and elections.
14 "The provision of existing laws to the cont1'ary, notwithstanding, and
15 with due regard to the Principle of Double Criminality, the prohibited acts
16 described in this section are electoral offenses and J\RE punishable in the
17 Philippines.
18 "111e penalties imposed under Section 264 of the Omnibus Ulection
19 Code, as amended, shall be imposed on any person found guilty of committing
20 any of the prohibited acts as defined in this section: Provided, Thllt the penalty
21 of prisiol1 lIlayor in its minimum period shall be imposed upon any person
22 found !juilty UNDER Section 124.3139.3 hereof Witl10ut the benefit of the
23 operation of the Indeterminate Sentence l.aw. If the offender is a public officer
49
•
1 01' a candidate, the penalty shall be prision mayor in its maximum period. In
2 addition, the offender shall be sentenced to suffer perpetual disqualification to
3 hold public office and deprivation of the right to vote."
4 "JImmigrants and permanent residents who do not resume residence
5 in the Philippines as stipulated in their affidavit under Section 5( d) within
6 three (3) years after approval of his/her registration under this Act and yet
7 vote in the next elections contrary to the said section, shall be penalized by
8 imprisonment of not less than one (1) year, and shall be deemed disqualified
9 as provided in Section 5(c) of this Act. His/her passport shall be stamped "not
10 allowed to voter
13 "Sec. [251 40. Joint Congressional Oversight Committee. - A Joint
14 Congressional Oversight Committee is hereby created, composed of the
15 Chairman of the Senate Committee on Constitutional Amendments, Revision
16 of Codes and Laws, and seven ('7) other Senators deSignated by the Senate
17 President, and the Chairman of the House Committee on Suffrage and
18 Electoral Ref01'ms and seven (7) other Members of the House of
19 Representatives designated by the Speaker of the IIouse of Representatives:
20 Provided, That, of the seven (7) members to be designated by each House of
21 Congress, four (4) should come from the majority and the remaining three (3)
22 from the minority.
50
] "[The Joint Congressional Oversight Committee shall have the power
2 to monitor and evaluate the implementation of this Act. It shall review, revise,
3 amend and approve the Implementing Rules and Regulations promulgated
4 by the Commission.!"
5 Sec. 39. Sections 26, 27, 28 and 29 of the same Act are hereby renumbered
6 accordingly.
8 "Sec. 45. 'l'RANSI'l'ORY PROVISION - ALL PRIOR ACTS,
9 RESOLUTIONS, ISSUANCES 01' THE COMMISSION UNDER TIns
10 ACT, NOT OTHERWISE INCONSISTENT HEREWITH, INCLUDING
11 TrIE REGISTRATION OF VOTERS AND MODES OF VOTING,
12 SHALL REMAIN VALID AND EFl'ECTlVE."
13 Sec. 41. SeparabilitlJ Clause - If any part or provision of this Act shall be declared
14 ullconsW"utional or invalid, other provisions hereof which are not affected thereby shall
15 continue to be in f lIll force and effect.
16 Sec. 42. Repealing Clause - All laws, presidential decrees, executive orders, rules
17 and regulations, other issuances, and parts thereof, which are inconsistent with the
18 provisions of this Act, are hereby repealed or modified accordingly.
19 Sec. 43. Tffectivity - This Act shall take effect fifteen (15) days after its complete
20 publication in the Official Gazette or at least in three (3) newspapers of general
21 circulation.
22 Appmoed,
23
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Amendments To Absentee Voting Bill

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Amendments To Absentee Voting Bill

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FIFTEENTH CONGRESS OF THE )

Introduced by Senator FRANCIS G. ESCUDERO

Introduced by Senator FRANCIS G. ESCUDERO

2 Absentee Voting Act of 2003" is hereby amended to read as follows:

3 "Sec. 3. Definition of Terms. - For pmposes of this Act:

5 overseas absentee voters whose applications to vote in absentia have been

6 approved by the Commission, said list to be prepared by the Committee

7 on OVERSEAS Ahsentee Voting of the Commission, on a coul1try-by-

9 Commission in an en banc resolution;

10 b. "Col'llll1issicJ1l" refers to the Commission on F.leclions;

11 C. "COMMl'lTt:t: ON OVERSt:AS ABSt:N'l'Et: VOTlNG ((,OA V)" REFERS TO

12 TIlE COMMITTEE OF TITE COMMISSION TASKED TO OVERSEE

13 AND SUPERVISE THE EFFECTIVE IMPLEMENTATION OF THE

14 OVERSEAS ABSENTEE VOTING LAW;

2 E. "OTA OVEI<SEAS ABSENTEE VOUNG SECRETARIAT (1)1 'A-

3 OAVSr REFURS TO TIlU SUCRETAlUAT BASH) AT TIlE

4 DEPARTMENT OF FOREIGN AFFAIRS (DFA) HOME OFFICE

5 TASKED TO DIRECT, COORDINATE AND OVERSEE TIlE

6 DEPARTMENT'S PARTICIPATION IN THE IMPJ.EMENTATION

7 01' TIlE OVERSEAS ABSENTEE VOTING LAW (OA VL);

8 I". "nHn l<EGlS'11<A'J'ION" REFERS TO TIlE CONDUCT 01'

9 REGISTRATION 01' OVERSEAS ABSENTEE VOTERS AT PRE-

10 DETERMINED LOCATIONS, EITHER IN THE PHILIPPINES, AS

11 MAY BE DETERMINED BY TIlE COMMISSION, OR OUTSIDE

12 TIlE POSTS, UPON TITE l'AVORABLU RECOMMENDATION OF

13 THE DFA-OAVS, BOTH BEING OF LIMITED DURATION AND

14 BASED ON THE GUIDELINES PRESCRIBED BY THE

15 COMMISSION FOR THAT EXCLUSIVE PURPOSE;

16 C. "MOJ3IJJ: RT:CfSTRATION" REFERS TO THE CONDUCT OF

17 REGISTRATION OF OVERSEAS ABSENTEE VOTERS AT

18 VARIOUS LOCATIONS OUTSIDE THE POSTS, OTHER THAN AT

19 FIELD REGISTRATIONS, UNDERTAKEN AS PART OF TIlE

20 POSTS' MOBILE CONSUJ.AR AND OUTREACH ACTIVITIES TO

21 FILIPINOS WITHIN THEIR JURISDICTIONS;

22 H. "MUNICII'AJJTY/CITY/DISTR1CT RTC1STRY OF OVJ:RSTAS

23 ABSTNTrT VOTrRS (ROA Vr REFERS TO THE CONSOJ.IDATED

24 LIST PREPARED, APPROVED AND MAINTAINED BY THE

2 OVERSEAS ABSENTEE VOTERS WIIOSE APPLICATIONS FOR

3 REGISTRATION AS SUCIl, INCLUDING THOSE REGISTERED

4 VOTF.RS UNDER REPUBT.IC ACT NO. 8189 WHO APPT.IED FOR

5 CERTIFICATION AS OVERSEAS ABSENTEE VOTERS, HAVE

6 BEEN APPROVED BY THE ELECTION REGISTRATION BOARD

7 AND/OR RESIDENT F.LF.CTION REGISTRATION BOARD;

8 [eJI. "NallOnal Regislry of Absel)lee Volers" refers to the consolidated list

9 prepared, approved and maintained by the Commission, of overseas

10 absentee voters whose applications for registration as absentee voters,

11 includinf', those ree,istered voters UNDER REPUBLIC ACT NO. 9189

12 who have applied to be certified as absentee voters, have been

13 approved by the RESIDENT Election Registration Board,

14 INDICATING THE POST WHF.RE THE OVERSEAS ABSENTEE

16 if] J. "Overseas Absenlee Voler" refers to a citizen of the Philippines who is

18 by law, who is abroad on the day of elections;

19 lal K."OVF.RSEAS Absentee Votinf'," refers to the process by which

20 qualified citizens of the Philippines abroad exercise their right to vote;

21 L. "POSTS" REFERS TO THE PHIUPPINE EMBASSIES,

22 CONSULATES, FOREIGN SERVICE ESTABT.ISHMF.NTS AND

23 OTHER PIIILIPPINE GOVERNMENT AGENCIES MAINTAINING

2 PLACES WHERE THE OVERSEAS ABSENTEE VOTERS RESIDE;

3 M. "lU::SIDENT ELEcnON REGISTI{ATION BOARD O{EIW)" REFERS

4 TO THE IN-HOUSE ELECTION REGISTRATION BOARD OF THE

5 COAV COMPOSED OF THREE (3) RANKING OFFICIALS FROM