May 27, 2013

REPUBLIC ACT NO. 10590

AN ACT AMENDING REPUBLIC ACT NO. 9189, ENTITLED "AN ACT

PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED
CITIZENS OF THE PHILIPPINES ABROAD, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES"

SECTION 1. Section 1 of Republic Act No. 9189 is hereby amended to

read as follows:
"Section 1. Short Title. This Act shall be known as "The
Overseas Voting Act of 2013'."
SECTION 2. Section 3 of Republic Act No. 9189 is hereby amended to
read as follows:
"SEC. 3. Denition of Terms. For purposes of this Act:

"(a) Certied List of Overseas Voters (CLOV) refers to the list of

registered overseas voters whose applications to vote overseas
have been approved by the Commission, said list to be prepared by
the Oce for Overseas Voting of the Commission, on a country-by-
country and post-by-post basis. The list shall be approved by the
Commission in an en banc resolution.
"(b) Commission refers to the Commission on Elections.
"(c) Day of Election refers to the actual date of elections in the
Philippines.
"(d) Department of Foreign Aairs Overseas Voting Secretariat
(DFA-OVS) refers to the secretariat based at the Department of
Foreign Aairs (DFA) home oce tasked to assist the Oce for
Overseas Voting (OFOV) under the Commission, and to direct,
coordinate and oversee the participation of the DFA in the
implementation of the Overseas Voting Act.
"(e) Field Registration refers to the conduct of registration of
overseas voters at predetermined locations, either in the
Philippines, as may be determined by the Commission, or outside
the posts, upon the favorable recommendation of the DFA-OVS,
both being of limited duration and based on the guidelines
prescribed by the Commission for that exclusive purpose; the
government shall not collect fees for the same.

"(f) Mobile Registration refers to the conduct of registration of

overseas voters at various locations outside the posts, other than
at eld registrations, undertaken as part of the posts' mobile
consular and outreach activities to Filipinos within their jurisdictions.
ACDTcE

"(g) Municipal/City/District Registry of Overseas Voters (ROV)

refers to the consolidated list prepared, approved and maintained
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 by the Commission for every municipality/city/district of overseas
voters whose applications for registration as such, including those
registered voters under Republic Act No. 8189, 'Voter's Registration
Act of 1996', who applied for certication as overseas voters, have
been approved by the Election Registration Board and/or resident
Election Registration Board.

"(h) National Registry of Overseas Voters (NROV) refers to the

consolidated list prepared, approved and maintained by the
Commission of overseas voters whose applications for registration
as overseas voters, including those registered voters under
Republic Act No. 8189 who have applied to be certied as overseas
voters, have been approved by the resident Election Registration
Board, indicating the post where the overseas voter is registered.

"(i) Oce for Overseas Voting (OFOV) refers to the Oce of the
Commission tasked to oversee and supervise the eective
implementation of the Overseas Voting Act.

"(j) Overseas Voter refers to a citizen of the Philippines who is

qualied to register and vote under this Act, not otherwise
disqualied by law, who is abroad on the day of elections.

"(k) Overseas Voting refers to the process by which qualied

citizens of the Philippines abroad exercise their right to vote.

"(l) Posts refer to the Philippine embassies, consulates, foreign

service establishments and other Philippine government agencies
maintaining oces abroad and having jurisdiction over the places
where the overseas voters reside.
"(m) Resident Election Registration Board (RERB) refers to the
in-house Election Registration Board in every post and in the OFOV,
which processes, approves or disapproves all applications for
registration and/or certication as overseas voters, including the
deactivation, reactivation and cancellation of registration records.

"(n) Seafarers refer to ship ocers and ratings manning ships,

including oshore workers, service providers and shermen, as
dened in the revised rules on the issuance of seafarer's
identication and record book of the Maritime Industry Authority.
"(o) Special Ballot Reception and Custody Group (SBRCG)
refers to the group constituted by the Commission to receive and
take custody of all accountable and other election forms, supplies
and paraphernalia from the OFOV for transmittal to the Special
Board of Election Inspectors and Special Board of Canvassers.

"(p) Special Board of Canvassers (SBOC) refers to the body

deputized by the Commission to canvass the overseas voting
election returns submitted to it by the Special Board of Election
Inspectors.

"(q) Special Board of Election Inspectors (SBEI) refers to the

body deputized by the Commission to conduct the voting and
counting of votes.
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 "(r) Voting Period refers to a continuous thirty (30)-day period,
the last day of which is the day of election, inclusive of established
holidays in the Philippines and of such other holidays in the host
countries."

SECTION 3. Section 4 of the same Act is hereby amended to read as

follows:
"SEC. 4. Coverage. All citizens of the Philippines abroad,
who are not otherwise disqualied by law, at least eighteen (18) years of
age on the day of elections, may vote for President, Vice-President,
Senators and Party-List Representatives, as well as in all national
referenda and plebiscites." TDCaSE

SECTION 4. Section 5 of the same Act is hereby amended to read as

follows:
"SEC. 5. Disqualications. The following shall be disqualied
from registering and voting under this Act:

"(a) Those who have lost their Filipino citizenship in accordance

with Philippine laws;

"(b) Those who have expressly renounced their Philippine

citizenship and who have pledged allegiance to a foreign country,
except those who have reacquired or retained their Philippine
citizenship under Republic Act No. 9225, otherwise known as the
'Citizenship Retention and Reacquisition Act of 2003';

"(c) Those who have committed and are convicted in a nal

judgment by a Philippine court or tribunal of an oense punishable
by imprisonment of not less than one (1) year, such disability not
having been removed by plenary pardon or amnesty: Provided,
however, That any person disqualied to vote under this
subsection shall automatically acquire the right to vote upon the
expiration of ve (5) years after service of sentence; and
"(d) Any citizen of the Philippines abroad previously declared
insane or incompetent by competent authority in the Philippines or
abroad, as veried by the Philippine embassies, consulates or
foreign service establishments concerned, unless such competent
authority subsequently certies that such person is no longer
insane or incompetent."

SECTION 5. Section 6 of the same Act is hereby amended to read as

follows:
"SEC. 6. Personal Overseas Registration and/or Certication.
Registration and/or certication as an overseas voter shall be done in
person at any post abroad or at designated registration centers outside
the post or in the Philippines approved by the Commission.
"Field and mobile registration centers shall be set up by the posts
concerned to ensure accessibility by the overseas voters.
"All applicants shall submit themselves for live capture of their
biometrics.
"The Commission shall issue an overseas voter identication card
to those whose applications to vote have been approved."
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 SECTION 6. A new Section 7 of the same Act is hereby inserted to
read as follows:
"SEC. 7. Resident Election Registration Board (RERB);
Composition, Appointment, Disqualication and Compensation. The
RERB shall be composed of the following:

"(a) A career ocial of the DFA, as Chairperson;

"(b) The most senior ocer from the Department of Labor and
Employment (DOLE) or any government agency of the Philippines
maintaining oces abroad, as member: Provided, That in case of
disqualication or nonavailability of the most senior ocer from the
DOLE or any government agency of the Philippines maintaining
oces abroad, the Commission shall designate a career ocial
from the embassy or consulate concerned; and
"(c) A registered overseas voter of known probity, as member.

"The Commission shall appoint the members of the RERB upon

the recommendation of the DFA-OVS.
"The RERB in the OFOV shall be based in the main oce of the
Commission and shall be composed of a senior ocial of the
Commission as the Chairperson and one (1) member each from the DFA
and the DOLE, whose rank shall not be lower than a division chief or its
equivalent. EICScD

"No member of the RERB shall be related to each other or to an

incumbent President, Vice-President, Senator or Member of the House
of Representatives representing the party-list system of representation,
within the fourth civil degree of consanguinity or anity.
"Each member of the RERB shall be entitled to an honorarium at
the rates approved by the Department of Budget and Management
(DBM)."
SECTION 7. A new Section 8 of the same Act is hereby inserted to
read as follows:
"SEC. 8. Duties and Functions of the RERB. The RERB shall
have the following duties and functions:
"(a) Post in the bulletin boards of the embassy or consulates or
at the OFOV, as the case may be, and in their respective websites,
the names of the applicants and the dates when their applications
shall be heard, as well as the place where the RERB will hold its
hearing;
"(b) Notify, through the OFOV, all political parties and other
parties concerned of the pending applications through a weekly
updated publication in the website of the Commission;
"(c) Act on all applications received;

"(d) Notify all applicants, whose applications have been

disapproved, stating the reasons for such disapproval;

"(e) Prepare a list of all approved applications during each

hearing and post the same at the bulletin boards of the embassy or
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 consulates or at the OFOV, as the case may be, and in their
respective websites;

"(f) Deactivate the registration records of overseas voters; and

"(g) Perform such other duties as may be consistent with its
functions as provided under this Act."

SECTION 8. A new Section 9 of the same Act is hereby inserted to

read as follows:
"SEC. 9. Petition for Exclusion, Motion for Reconsideration,
Petition for Inclusion.
"9.1. Petition for Exclusion. If the application has been
approved, any interested party may le a petition for exclusion not
later than one hundred eighty (180) days before the start of the
overseas voting period with the proper Municipal/Metropolitan Trial
Court in the City of Manila or where the overseas voter resides in
the Philippines, at the option of the petitioner.

"The petition shall be decided on the basis of the documents

submitted within fteen (15) days from its ling, but not later than
one hundred twenty (120) days before the start of the overseas
voting period. Should the Court fail to render a decision within the
prescribed period, the ruling of the RERB shall be considered
armed.
"9.2. Motion for Reconsideration. If the application has been
disapproved, the applicant or the authorized representative shall
have the right to le a motion for reconsideration before the RERB
within a period of ve (5) days from receipt of the notice of
disapproval. The motion shall be decided within ve (5) days after
its ling on the basis of documents submitted but not later than
one hundred twenty (120) days before the start of the overseas
voting period. The resolution of the RERB shall be immediately
executory, unless reversed or set aside by the Court.
"9.3. Petition for Inclusion. Within ten (10) days from receipt
of notice denying the motion for reconsideration, the applicant may
le a petition for inclusion with the proper Municipal/Metropolitan
Trial Court in the City of Manila or where the overseas voter resides
in the Philippines, at the option of the petitioner.
cADEHI

"The petition shall be decided on the basis of the documents

submitted within fteen (15) days from ling, but not later than one
hundred twenty (120) days before the start of the overseas voting
period. Should the Court fail to render a decision within the prescribed
period, the RERB ruling shall be considered armed.
"Qualied Philippine citizens abroad who have previously
registered as voters pursuant to Republic Act No. 8189, otherwise
known as the 'Voter's Registration Act of 1996', shall apply for
certication as overseas voters and for inclusion in the NROV. In case of
approval, the Election Ocer concerned shall annotate the fact of
registration/certication as overseas voter before the voter's name as
appearing in the certied voters' list and in the voter's registration
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 records."
SECTION 9. A new Section 10 of the same Act is hereby inserted to
read as follows:
"SEC. 10. Transfer of Registration Record. In the event of
change of voting venue, an application for transfer of registration
record must be led by the overseas voter with the OFOV, through its
Chairperson, at least one hundred eighty (180) days prior to the start of
the overseas voting period: Provided, That those who would eventually
vote in the Philippines should register within the time frame provided for
local registration in the municipality, city or district where they intend to
vote: Provided, further, That those who have registered in the
municipality, city or district where they resided prior to their departure
abroad need not register anew: Provided, nally, That transferees shall
notify the OFOV, through its Chairperson, of their transfer back to the
Philippines at least one hundred eighty (180) days prior to the next
national elections for purposes of cancelling their names from the CLOV
and of removing their overseas voter's registration from the book of
voters."
SECTION 10. Section 7 of the same Act is hereby renumbered as
Section 11 and is amended to read as follows:
"SEC. 11. System of Continuing Registration. The
Commission shall ensure that the benets of the system of continuing
registration are extended to qualied overseas voters. Registration shall
commence not later than six (6) months after the conduct of the last
national elections. Towards this end, the Commission shall be authorized
to utilize and optimize the use of existing facilities, personnel and
mechanisms of the various government agencies for purposes of data
gathering and validation, information dissemination and facilitation of the
registration process.
"Pre-departure Orientation Seminars (PDOS), services and
mechanisms oered and administered by the DFA, the DOLE, the
Philippine Overseas Employment Administration (POEA), the Overseas
Workers' Welfare Administration (OWWA), the Commission on Filipinos
Overseas and by other appropriate agencies of the government and
private agencies providing the same services shall include the salient
features of this Act and shall be utilized for purposes of supporting the
overseas registration and voting processes.
"All employment contracts processed and approved by the POEA
shall state the right of migrant workers to exercise their constitutional
right of surage within the limits provided for by this Act."
SECTION 11. Section 8 of the same Act is hereby renumbered as
Section 12 and is amended to read as follows:
"SEC. 12. Requirements for Registration. Every Filipino
registrant shall be required to furnish the following documents:
"(a) A valid Philippine passport. In the absence of a valid
passport, a certication of the DFA that it has reviewed the
appropriate documents submitted by the applicant and has found
them sucient to warrant the issuance of a passport, or that the
applicant is a holder of a valid passport but is unable to produce the
same for a valid reason;
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 "(b) Accomplished registration form prescribed by the
Commission; and
"(c) Applicants who availed themselves of the 'Citizen Retention
and Reacquisition Act' (Republic Act No. 9225) shall present the
original or certied true copy of the order of approval of their
application to retain or reacquire their Filipino citizenship issued by
the post or their identication certicate issued by the Bureau of
Immigration. CIAcSa

"The Commission may also require additional data to facilitate

registration and recording. No information other than those necessary
to establish the identity and qualication of the applicant shall be
required.
"All applications for registration and/or certication as an overseas
voter shall be considered as applications to vote overseas. An overseas
voter is presumed to be abroad until she/he applies for transfer of
her/his registration records or requests that her/his name be cancelled
from the NROV."
SECTION 12. Section 9 of the same Act is hereby renumbered as
Section 13 and is amended to read as follows:
"SEC. 13. National Registry of Overseas Voters (NROV). The
Commission shall maintain a National Registry of Overseas Voters or
NROV containing the names of registered overseas voters and the
posts where they are registered.
"Likewise, the Commission shall maintain a registry of voters
(ROV) per municipality, city or district containing the names of
registered overseas voters domiciled therein. The Commission shall
provide each and every municipality, city or district with a copy of their
respective ROVS for their reference."
SECTION 13.A new Section 14 of the same Act is hereby inserted to read
as follows:
"SEC. 14. Deactivation of Registration. The RERB shall
deactivate and remove the registration records of the following persons
from the corresponding book of voters and place the same, properly
marked and dated, in the inactive le after entering any of the following
causes of deactivation:

"(a) Any person who has been sentenced by nal judgment by

a Philippine court or tribunal to suer imprisonment for not less
than one (1) year, such disability not having been removed by
plenary pardon or amnesty: Provided, however, That any person
disqualied to vote under this paragraph shall automatically
reacquire the right to vote upon the expiration of ve (5) years
after service of sentence, as certied by the Clerks of Courts of the
Municipal, Municipal Circuit, Metropolitan, Regional Trial Courts or the
Sandiganbayan;

"(b) Any person declared by competent authority to be insane

or incompetent, unless such disqualication has been subsequently
removed by a declaration of a proper authority that such person is
no longer insane or incompetent;
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 "(c) Any person who did not vote in two (2) consecutive
national elections as shown by voting records; and
"(d) Any person whose registration has been ordered excluded
by the courts.
"The fact of deactivation shall be annotated in the NROV and the
corresponding ROV."
SECTION 14. Section 10 of the same Act is hereby renumbered as
Section 15.
"SEC. 15. Notice of Registration and Election. The
Commission shall, through the posts cause the publication in a
newspaper of general circulation of the place, date and time of the
holding of a regular or special national election and the requirements for
the participation of qualied citizens of the Philippines abroad, at least
six (6) months before the date set for the ling of applications for
registration.
"The Commission shall determine the countries where publication
shall be made, and the frequency thereof, taking into consideration the
number of overseas Filipinos present in such countries. Likewise, the
Commission and the DFA shall post the same in their respective
websites."
SECTION 15. Sections 11 and 12 of the same Act are hereby deleted.
cEISAD

SECTION 16. A new Section 16 of the same Act is hereby inserted to

read as follows:
"SEC. 16. Reactivation of Registration. Any overseas voter
whose registration has been deactivated pursuant to the preceding
section may le with the RERB at any time, but not later than one
hundred twenty (120) days before the start of the overseas voting
period, a sworn application for reactivation of registration stating that
the grounds for the deactivation no longer exist."
SECTION 17. A new Section 17 of the same Act is hereby inserted to
read as follows:
"SEC. 17. Cancellation of Registration. The RERB shall
cancel the registration records of those who have died, as certied by
either the posts or by the local civil registrar, and those who have been
proven to have lost their Filipino citizenship."
SECTION 18. A new Section 18 of the same Act is hereby inserted to
read as follows:
"SEC. 18. Voters Excluded from the NROV Through
Inadvertence. Any registered overseas voter whose name has been
inadvertently omitted from the NROV may, personally or through an
authorized representative, le with the RERB through the OFOV or the
post exercising jurisdiction over the voter's residence, an application
under oath for reinstatement not later than one hundred twenty (120)
days before the start of the voting period.
"The RERB shall resolve the application within one (1) month from
receipt thereof, otherwise the application shall be deemed approved."
SECTION 19. A new Section 19 of the same Act is hereby inserted to
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 read as follows:
"SEC. 19. Application for Correction of Entries and Change of
Name. Any registered overseas voter who intends to change her/his
name by reason of marriage, death of husband, or nal court judgment;
or to correct a misspelled name or any erroneous entry in the NROV,
CLOV and voter's identication card may, personally or through an
authorized representative, le an application under oath for change of
name or correction of entries with the RERB through the OFOV or the
post exercising jurisdiction over the voter's residence not later than
ninety (90) days before the start of the voting period.
"The RERB shall resolve the application within one (1) month from
receipt thereof, otherwise the application shall be deemed approved."
SECTION 20. Section 13 of the same Act is hereby renumbered as
Section 20 and is amended to read as follows:
"SEC. 20. Preparation and Posting of Certied List of Overseas
Voters. The Commission shall prepare the Certied List of Overseas
Voters or CLOV not later than ninety (90) days before the start of the
overseas voting period, and furnish within the same period electronic
and hard copies thereof to the appropriate posts, which shall post the
same in their bulletin boards and/or websites within ten (10) days from
receipt thereof.
"Subject to reasonable regulation and the payment of fees in such
amounts as may be xed by the Commission, the candidates, political
parties, accredited citizens' arms, and all other interested persons shall
be furnished copies thereof: Provided, That nongovernmental
organizations and other civil society organizations accredited by and
working with the Commission as partners on overseas voters' education
and participation shall be exempt from the payment of fees."
SECTION 21. Section 14 of the same Act is hereby renumbered as
Section 21 and is amended to read as follows:
"SEC. 21. Printing and Transmittal of Ballots, Voting
Instructions, Election Forms and Paraphernalia.
"21.1. The Commission shall cause the printing of ballots for
overseas voters, and all other accountable election forms in such
number as may be necessary, but in no case shall these exceed
the total number of approved applications. Security markings shall
be used in the printing of ballots for overseas voters.

"21.2. The Commission shall present to the authorized

representatives of the DFA and of the accredited major political
parties the ballots for overseas voters, voting instructions, election
forms and other election paraphernalia for scrutiny and inspection
prior to their transmittal to the posts.
ACcISa

"21.3. The Commission shall transmit, as far as practicable, but

not later than forty-ve (45) days before the day of elections, by
special pouch to all posts the exact number of ballots for overseas
voters corresponding to the number of approved applications,
along with such accountable forms necessary to ensure the
secrecy and integrity of the election.

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 "21.4. The authorized representatives of accredited major
political parties shall have the right to be present in all phases of
printing, transmittal, and casting of mailed ballots abroad.
Unclaimed ballots properly marked as such, shall be cancelled and
shipped to the Commission by the least costly method."

SECTION 22. Section 15 of the same Act is hereby renumbered as

Section 22 and is amended to read as follows:
"SEC. 22. Regulation on Campaigning Abroad. Personal
campaigning, the use of campaign materials, as well as the limits on
campaign spending shall be governed by the laws and regulations
applicable in the Philippines: Provided, That all forms of campaigning
abroad within the thirty (30)-day overseas voting period shall be
prohibited."
SECTION 23. A new Section 23 of the same Act is hereby inserted to
read as follows:
"SEC. 23. Voting. Voting may be done either personally, by
mail or by any other means as may be determined by the Commission.
For this purpose, the Commission shall issue the necessary guidelines
on the manner and procedures of voting.
"The OFOV, in consultation with the DFA-OVS, shall determine the
countries where voting shall be done by any specic mode, taking into
consideration the minimum criteria enumerated under this Act which
shall include the number of registered voters, accessibility of the posts,
eciency of the host country's applied system and such other
circumstances that may aect the conduct of voting.
"The Commission shall announce the specic mode of voting per
country/post at least one hundred twenty (120) days before the start of
the voting period."
SECTION 24. Section 16 of the same Act is hereby renumbered as
Section 24 and is amended to read as follows:
"SEC. 24. Casting and Submission of Ballots.

"24.1. Upon receipt by the SBEI of the ballots for overseas

voters, voting instructions, election forms and other paraphernalia,
they shall make these available on the premises to the qualied
overseas voters in their respective jurisdictions during the thirty
(30) days before the day of elections when overseas voters may
cast their vote. Immediately upon receiving it, the overseas voter
must ll-out her/his ballot personally, in secret, without leaving the
premises of the posts concerned.
"24.2. The overseas voter shall personally accomplish her/his
ballot at the post that has jurisdiction over the country where
she/he temporarily resides or at any polling place designated and
accredited by the Commission.
"24.3. The overseas voter shall cast her/his ballot, upon
presentation of the voter identication card issued by the
Commission or such other documents deemed by the SBEI at the
post as sucient to establish the voter's identity.

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 "24.4. ...
"24.5. The posts concerned shall keep a complete record of the
ballots for overseas voters, specically indicating the number of
ballots they actually received, and in cases where voting by mail is
allowed under Section 25 hereof, the names and addresses of the
voters to whom these ballots were sent, including proof of receipt
thereof. In addition, the posts shall submit a formal report to the
Commission and the Joint Congressional Oversight Committee
created under this Act within thirty (30) days from the day of
elections. Such report shall contain data on the number of ballots
cast and received by the oces, the number of invalid and
unclaimed ballots and other pertinent data.aIcTCS

"24.6. Ballots not claimed by the overseas voters at the posts,

in case of personal voting, and ballots returned to the posts
concerned, in the case of voting by mail, shall be cancelled and
shipped to the Commission by the least costly method within six
(6) months from the day of elections.
"24.7. Only ballots cast, and mailed ballots received by the
posts concerned in accordance with Section 25 hereof before the
close of voting on the day of elections shall be counted in
accordance with Section 27 hereof. All envelopes containing the
ballots received by the posts after the prescribed period shall not
be opened, and shall be cancelled and shipped to the Commission
by the least costly method within six (6) months from the day of
elections.
"24.8. A special ballot Reception and Custody Group composed
of three (3) members shall be constituted by the Commission from
among the sta of the posts concerned, including their attached
agencies, and citizens of the Philippines abroad, who will be
deputized to receive ballots and take custody of the same
preparatory to their transmittal to the SBEI.
"24.9. ...

"24.10. . . . ."

SECTION 25. Section 17 of the same Act is hereby renumbered as

Section 25 and is amended to read as follows:
"SEC. 25. Voting by Mail.

"25.1.. . .

"(a). . . ;
"(b). . . ; and

"(c). . . .
"25.2. The overseas voter shall send her/his accomplished ballot
to the corresponding post that has jurisdiction over the country
where she/he temporarily resides. She/He shall be entitled to cast
her/his ballot at any time upon her/his receipt thereof: Provided,
That the same is received before the close of voting on the day of
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 elections. The overseas absentee voter shall be instructed that
her/his ballot shall not be counted if not transmitted in the special
envelope furnished her/him.

"25.3. Only mailed ballots received by the post before the close
of voting on the day of elections shall be counted in accordance
with Section 27 hereof. All envelopes containing the ballots received
by the posts after the prescribed period shall not be opened, and
shall be cancelled and disposed of appropriately, with a
corresponding report thereon submitted to the Commission not
later than thirty (30) days from the day of elections."

SECTION 26. A new Section 26 of the same Act is hereby inserted to

read as follows:
"SEC. 26. Voting Privilege of Members of the SBEI, SBRCG and
SBOC. Government employees posted abroad who will perform
election duties as members of the SBEI, SBCRG and SBOC shall be
allowed to vote in their respective posts: Provided, That they are
registered either in the Philippines or as overseas voters."
SECTION 27. Section 18 of the same Act is hereby renumbered as
Section 27 and is amended to read as follows:
"SEC. 27. On-Site Counting and Canvassing.

"27.1. ...
"27.2. For these purposes, the Commission shall constitute as
many SBEIs as may be necessary to conduct and supervise the
counting of votes as provided in Section 27.2 hereof. The SBEIs to
be constituted herein shall be composed of a Chairman and two (2)
members, one (1) of whom shall be designated as poll clerk. The
ambassador or consul-general, or any career public ocer posted
abroad designated by the Commission, as the case may be, shall
act as the Chairman; in the absence of other government ocers,
the two (2) other members shall be citizens of the Philippines who
are qualied to vote under this Act and deputized by the
Commission not later than sixty (60) days before the day of
elections. All resolutions of the SBEIs on issues brought before it
during the conduct of its proceedings shall be valid only when they
carry the approval of the Chairman. aSAHCE

"Immediately upon the completion of the counting, the SBEIs shall

transmit via facsimile and/or electronic mail the results to the
Commission in Manila and the accredited major political parties.
"xxx xxx xxx

"27.3. ...

"27.4. The SBOC composed of the highest ranking ocer of the

post as Chairperson, a senior career ocer from any of the
government agencies maintaining a post abroad and, in the
absence of another government ocer, a citizen of the Philippines
qualied to vote under this Act and deputized by the Commission,
as vice chairperson and member-secretary, respectively, shall be
constituted to canvass the election returns submitted to it by the
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 SBEIs. Immediately upon the completion of the canvass, the
chairperson of the SBOC shall transmit via facsimile, electronic mail,
or any other means of transmission equally safe and reliable the
Certicates of Canvass and the Statements of Votes to the
Commission, and shall cause to preserve the same immediately
after the conclusion of the canvass, and make it available upon
instructions of the Commission. The SBOC shall also furnish the
accredited major political parties and accredited citizens' arms with
copies thereof via facsimile, electronic mail and any other means of
transmission equally safe, secure and reliable.

"xxx xxx xxx

"27.5. ...
"27.6. . . . . For purposes of this Act, the returns of every
election for President and Vice-President prepared by the SBOCs
shall be deemed a certicate of canvass of a city or a province.
"27.7. . . . ."

SECTION 28. A new Section 28 of the same Act is hereby inserted to

read as follows:
"SEC. 28. Authority to Explore Other Modes or Systems Using
Automated Election System. Notwithstanding current procedures and
systems herein provided, for the proper implementation of this Act and
in view of the peculiarities attendant to the overseas voting process, the
Commission may explore other more ecient, reliable and secure
modes or systems, ensuring the secrecy and sanctity of the entire
process, whether paper-based, electronic-based or internet-based
technology or such other latest technology available, for onsite and
remote registration and elections and submit reports and/or
recommendations to the Joint Congressional Oversight Committee."
SECTION 29. A new Section 29 of the same Act is hereby inserted to
read as follows:
"SEC. 29. Procurement of Facilities, Equipment, Materials,
Supplies or Services. To achieve the purpose of this Act, the
Commission may, likewise, procure from local or foreign sources,
through purchase, lease, rent or other forms of acquisition, hardware
or software, facilities, equipment, materials, supplies or services in
accordance with existing laws, free from taxes and import duties,
subject to government procurement rules and regulations."
SECTION 30. A new Section 30 of the same Act is hereby inserted to
read as follows:
"SEC. 30. Establishment of an Oce for Overseas Voting
(OFOV) under the Commission. The Commission is hereby authorized
to establish an OFOV tasked specically to oversee and supervise the
eective implementation of the Overseas Voting Act: Provided, That its
secretariat shall come from the existing secretariat personnel of the
Commission on Elections."
SECTION 31. A new Section 31 of the same Act is hereby inserted to
read as follows:
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 "SEC. 31. Creation of the Department of Foreign Aairs
Overseas Voting Secretariat (DFA-OVS). A secretariat based in the
DFA home oce is hereby created to assist the OFOV, and to direct,
coordinate and oversee the participation of the DFA in the
implementation of the Overseas Voting Act: Provided, That its
secretariat shall come from the existing secretariat personnel of the
DFA."
SECTION 32. Section 19 of the same Act is hereby deleted.
SECTION 33. Section 20 of the same Act is hereby renumbered as
Section 32 and is amended to read as follows:
"SEC. 32. Information Campaign. The Commission, in
coordination with agencies concerned, shall undertake an information
campaign to educate the public on the manner of overseas voting for
qualied overseas voters. It may require the support and assistance of
the DFA, through the posts, the DOLE, the Department of
Transportation and Communications (DOTC), the Philippine Postal
Corporation (PPC), the POEA, the OWWA and the Commission on
Filipinos Overseas.IDETCA

Such information campaign shall educate the Filipino public, within

and outside the Philippines, on the Philippine Electoral System, the rights
of overseas voters, overseas voting processes and other related
concerns. Information materials shall be developed by the Commission
for distribution, through the said government agencies and private
organizations. No government agency shall prepare, print, distribute or
post any information material without the prior approval of the
Commission."
SECTION 34. Section 21 of the same Act is hereby renumbered as
Section 33.
SECTION 35. Section 22 of the same Act is hereby renumbered as
Section 34 and is amended to read as follows:
"SEC. 34. Assistance from Government Agencies. All
government ocers, particularly from the DFA, the DOLE, the DOTC,
the PPC, the POEA, the OWWA, the Commission on Filipinos Overseas
and other government oces concerned with the welfare of the Filipinos
overseas shall, to the extent compatible with their primary
responsibilities, assist the Commission in carrying out the provisions of
this Act. All such agencies or ocers thereof shall take reasonable
measures to expedite all election activities, which the Commission shall
require of them. When necessary, the Commission may send
supervisory teams headed by career ocers to assist the posts.
"Likewise, consular and diplomatic services rendered in
connection with the overseas voting processes shall be made available
at no cost to the overseas voters."
SECTION 36. Section 23 of the same Act is hereby renumbered as
Section 35 and is amended to read as follows:
"SEC. 35. Security Measures to Safeguard the Secrecy and
Sanctity of Ballots. At all stages of the electoral process, the
Commission shall ensure that the secrecy and integrity of the ballots
are preserved. The OFOV of the Commission shall be responsible for
ensuring the secrecy and sanctity of the overseas voting process. In
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 the interest of transparency, all necessary and practicable measures
shall be adopted to allow representation of the candidates, accredited
major political parties, accredited citizens' arms and nongovernment
organizations to assist, and intervene in appropriate cases, in all stages
of the electoral exercise and to prevent any and all forms of fraud and
coercion.
"No ocer or member of the foreign service corps, including
those belonging to attached agencies shall be transferred, promoted,
extended, recalled or otherwise moved from his current post or position
one (1) year before and three (3) months after the day of elections,
except upon the approval of the Commission."
SECTION 37. Section 24 of the same Act is hereby renumbered as
Section 36 and is amended to read as follows:
"SEC. 36. Prohibited Acts. In addition to the prohibited acts
provided by law, it shall be unlawful:

"36.1. For any ocer or employee of the Philippine government

to inuence or attempt to inuence any person covered by this Act
to vote, or not to vote, for a particular candidate. Nothing in this
Act shall be deemed to prohibit free discussion regarding politics or
candidates for public oce;

"36.2. For any person to deprive another of any right secured

in this Act, or to give false information as to one's name, address,
or period of residence for the purposes of establishing the eligibility
or ineligibility to register or vote under this Act; or to conspire with
another person for the purpose of encouraging the giving of false
information in order to establish the eligibility or ineligibility of any
individual to register or vote under this Act; or, to pay, or oer to
pay, or to accept payment either for application for registration, or
for voting;DCSETa

"36.3. For any person to steal, conceal, alter, destroy, mutilate,

manipulate, or in any way tamper with the mail containing the
ballots for overseas voters, the ballot, the election returns, or any
record, document or paper required for purposes of this Act;
"36.4. For any deputized agent to refuse without justiable
ground, to serve or continue serving, or to comply with one's
sworn duties after acceptance of the deputization;

"36.5. For any public ocer or employee or accredited or

deputized organization or association to cause the preparation,
printing, distribution or posting of information or material, without
the prior approval of the Commission;

"36.6. For any public ocer or employee to cause the transfer,

promotion, extension, recall of any member of the foreign service
corps, including members of the attached agencies, or otherwise
cause the movement of any such member from the current post
or position one (1) year before and three (3) months after the day
of elections, without securing the prior approval of the
Commission;

"36.7. For any person who, after being deputized by the

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 Commission to undertake activities in connection with the
implementation of this Act, shall campaign for or assist, in whatever
manner, candidates in the elections;

"36.8. For any person to engage in partisan political activity

abroad during the thirty (30)-day overseas voting period;
"36.9. For any person who is not a citizen of the Philippines to
participate, by word or deed, directly or indirectly through qualied
organizations/associations, in any manner and at any stage of the
Philippine political process abroad, including participation in the
campaign and elections.
"The provision of existing laws to the contrary notwithstanding,
and with due regard to the Principle of Double Criminality, the prohibited
acts described in this section are electoral oenses and shall be
punishable in the Philippines.
"The penalties imposed under Section 264 of the Omnibus
Election Code, as amended, shall be imposed on any person found
guilty of committing any of the prohibited acts as dened in this section:
Provided, That the penalty of prision mayor in its minimum period shall
be imposed upon any person found guilty under Section 36.3 hereof
without the benet of the operation of the Indeterminate Sentence Law.
If the oender is a public ocer or a candidate, the penalty shall be
prision mayor in its maximum period. In addition, the oender shall be
sentenced to suer perpetual disqualication to hold public oce and
deprivation of the right to vote."
SECTION 38.Section 25 of the same Act is hereby renumbered as
Section 37 and is amended to read as follows:
"SEC. 37. Joint Congressional Oversight Committee. A Joint
Congressional Oversight Committee is hereby created, composed of the
Chairperson of the Senate Committee on Constitutional Amendments,
Revision of Codes and Laws, and seven (7) other Senators designated
by the Senate President, and the Chairperson of the House Committee
on Surage and Electoral Reforms, and seven (7) other Members of the
House of Representatives designated by the Speaker of the House of
Representatives: Provided, That, of the seven (7) members to be
designated by each House of Congress, four (4) should come from the
majority to include the chair of the Committee on Foreign Aairs and the
remaining three (3) from the minority.
"The Joint Congressional Oversight Committee shall have the
power to monitor and evaluate the implementation of this Act."
SECTION 39. Sections 26, 27 and 28 of the same Act are hereby
renumbered as Sections 38, 39 and 40, respectively.
SECTION 40. Section 29 of the same Act is hereby renumbered as
Section 41 and is amended to read as follows:
"SEC. 41. Appropriations. The amount necessary to carry
out the provisions of this Act shall be included in the budgets of the
Commission on Elections and the DFA in the annual General
Appropriations Act." cTSHaE

SECTION 41. Implementing Rules and Regulations. The

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 Commission shall promulgate rules and regulations for the implementation
and enforcement of the provisions of this Act within sixty (60) days from the
eectivity thereof.
In the formulation of the rules and regulations, the Commission shall
coordinate with the DFA, the DOLE, the POEA, the OWWA and the Commission
on Filipinos Overseas. Nongovernment organizations and accredited Filipino
organizations or associations abroad shall be consulted.
SECTION 42. Amending Clause. Consistent with the amendments
introduced by this Act, Section 2 of Republic Act No. 9189, on the declaration
of policy, is hereby amended to read as follows:
"SEC. 2. Declaration of Policy. It is the prime duty of the
State to provide a system of honest and orderly overseas voting that
upholds the secrecy and sanctity of the ballot. Towards this end, the
State ensures equal opportunity to all qualied citizens of the Philippines
abroad in the exercise of this fundamental right."
SECTION 43. Separability Clause. If any part or provision of this
Act shall be declared unconstitutional or invalid, the other provisions hereof
which are not aected thereby shall continue to be in full force and eect.
SECTION 44. Repealing Clause. All laws, presidential decrees,
executive orders, rules and regulations, other issuances and parts thereof
which are inconsistent with the provisions of this Act are hereby repealed or
modied accordingly.
SECTION 45. Eectivity Clause. This Act shall take eect fteen
(15) days after its publication in the Ocial Gazette or in at least two (2)
newspapers of general circulation.
Approved: May 27, 2013.

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