I. Omnibus Election Code (Sec 118)

VOTERS:
I. Omnibus Election Code (Sec 118)

Section 118. Disqualifications. - The following shall be disqualified from voting:
(a) Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one year, such disability not having been removed
by plenary pardon or granted amnesty: Provided, however, That any person
disqualified to vote under this paragraph shall automatically reacquire the right
to vote upon expiration of five years after service of sentence.
(b) Any person who has been adjudged by final judgment by competent court or
tribunal of having committed any crime involving disloyalty to the duly
constituted government such as rebellion, sedition, violation of the anti-
subversion and firearms laws, or any crime against national security, unless
restored to his full civil and political rights in accordance with law: Provided, That
he shall regain his right to vote automatically upon expiration of five years after
service of sentence.
(c) Insane or incompetent persons as declared by competent authority.
II. Executive No. 157 (Local Absentee Voting Law)
WHEREAS, under the electoral law now in force the rule is that a person has to be
physically present in the polling place whereof he is a registered voter in order to be
able to vote;
WHEREAS, the only exception is that established by Section 169 of Batas Pambansa
Blg. 881, which allows members of the board of election inspectors to vote in the
polling place where they are assigned on election day, under certain conditions;
Sec. 1. Any person who by reason of public functions and duties, is not in
his/her place of registration on election day, may vote in the city/municipality where
he/she is assigned on election day: Provided, That he/she is a duly registered voter.
Sec. 2. Thirty (30) days before the election, the appropriate head of office shall
submit to the Commission on Elections a list of officers and employees of the office
who are registered voters, and who, by reason of their duties and functions, will be
in places other than their place of registration, and who desire to exercise their right
to vote, with the request that said officers and employees be provided with
application forms to cast absentee ballots in their place of assignment.
The list and the request shall be under oath.
Sec. 3. Upon verification by the Commission on Elections that the persons
included in the list are qualified voters, it shall transmit the exact number of
application forms to the head of the office making the request.
Sec. 4. The application forms shall be returned only accomplished to the
Commission on Elections not later than April 25, 1987.
Sec. 5. Upon verification of the applications, the Commission shall transmit the
exact number of absentee ballots to the appropriate head of the government office
for distribution to the applicants.
Sec. 6. The head of the office shall prepare a sworn report on the manner of
distribution of the absentee ballots, indicating therein the number of ballots
transmitted to each province, the names of the persons to whom the absentee
ballots are delivered, and the serial numbers of ballots. It shall be accompanied by a
certificate of eligibility to vote absentee for each particular voter.
Sec. 7. For the purpose of the 1987 congressional election, the absentee
voters shall vote only for candidates for senator.
Sec. 8. The voters who cast absentee votes shall vote one week before election
day. They shall do so by delivering to the Commission on Elections Regional Director,
or the Provincial Election Supervisor or the City or Municipal Election Registrar of
the place of their assignment ballot within two security envelopes, the one
containing the absentee ballots indicating only that it is an envelope of the
Commission on Elections, and the other envelope indicating the name of the
absentee voter and his/her affidavit number.
Sec. 9. The Commission on Elections official concerned to whom the absentee
vote is delivered shall immediately transmit by the fastest means available to the
Commission on Elections the special Commission on Elections absentee ballot within
two security envelopes so that the same are in the central office of the Commission
one day before the elections.
The transmittal letter shall indicate the names of the persons who cast the absentee
votes, their voters' affidavit numbers and their certificates of eligibility to vote
absentee.
Sec. 10. The Commission on Elections shall canvass the votes cast by absentee voters
and shall add the results of the same to the votes reported throughout the country.
Sec. 11. The Commission shall promulgate the necessary rules and regulations to
implement this Executive Order.
Sec. 12. Section 169 of Batas Pambansa Blg. 881 shall remain in force and effect, and
shall continue to govern the voting privilege of members of the Board of Election
Inspectors. All laws, orders, issuances, rules and regulations or parts thereof
inconsistent with this Executive Order are hereby repealed or modified accordingly.
III. RA 7166 (section 12)
Section 12. Absentee Voting. - Absentee voting as provided for in Executive Order
No. 157 dated March 30, 1987 shall apply to the elections for President, Vice-
President and Senators only and shall be limited to members of the Armed Forces
of the Philippines and the Philippine National Police and other government officers
and employees who are duly registered voters and who, on election day, may
temporarily be assigned in connection with the performance of election duties to
place where they are not registered voters.
IV. RA 10380
Section 1. Declaration of Policy. – The State shall ensure the free exercise of the right
of suffrage by all citizens of the Philippines not otherwise disqualified by law.
Section 2. Local Absentee Voting for Members of Media. – The Commission on
Elections shall extend the right to vote under the local absentee voting system
provided under existing laws and executive orders to members of media, media
practitioners, including the technical and support staff, who are duly registered
voters and who, on election day, may not be able to vote due to the performance of
their functions in covering and reporting on the elections: Provided, That they shall
be allowed to vote only for the positions of President, Vice President, Senators and
Party-List Representative.
Section 3. Implementing Rules and Regulations. – The Commission on Elections shall,
within thirty (30) days from the effectivity of this Act, promulgate the implementing
rules and regulations which shall include a system of accreditation and verification
of the members of media, media practitioners, the technical and support staff, who
are qualified to avail of local absentee voting.
Section 4. Appropriations. – The initial funding of this Act shall be charged against
the current year’s appropriations or from any available savings of the Commission
on Elections. Thereafter, such amount as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations
Act.
V. RA 9189
Section 1. Short Title. – This Act shall be known as "The Overseas Absentee Voting
Act of 2003."
Sec. 2. Declaration of Policy. – It is the prime duty of the State to provide a system
of honest and orderly overseas absentee voting that upholds the secrecy and
sanctity of the ballot. Towards this end, the State ensures equal opportunity to all
qualified citizens of the Philippines abroad in the exercise of this fundamental right.
Sec. 3. Definition of Terms. – For purposes of this Act:
a. "Absentee Voting" refers to the process by which qualified citizens of the
Philippines abroad exercise their right to vote,
b. "Commission" refers to the Commission on Elections;
c. "Certified List of Overseas Absentee Voters" refers to the list of registered
overseas absentee voters whose applications to vote in absentia have been
approved by the Commission, said list to be prepared by the Committee on
Absentee Voting of the Commission, on a country-by-country basis. This list shall be
approved by the Commission in an en banc resolution;
d. "Day of Election" refers to the actual date of elections in the Philippines;
e. "National Registry of Absentee Voters" refers to the consolidated list prepared,
approved and maintained by the Commission, of overseas absentee voters whose
applications for registration as absentee voters, including those registered voters
who have applied to be certified as absentee voters, have been approved by the
Election Registered Board;
f. "Overseas Absentee Voter" refers to a citizen of the Philippines who is qualified to
register and vote under this Act, not otherwise disqualified by law, who is abroad on
the day of elections.
Sec. 4. Coverage. – All citizens of the Philippines abroad, who are not otherwise
disqualified 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.
Sec. 5. Disqualifications. – The following shall be disqualified from voting under this
Act:
1. Those who have lost their Filipino citizenship in accordance with Philippine laws;
2. Those who have expressly renounced their Philippine citizenship and who have
pledged allegiance to a foreign country;
3. Those who have committed and are convicted in a final judgment by a court or
tribunal of an offense punishable by imprisonment of not less than one (1) year,
including those who have committed and been found guilty of Disloyalty as defined
under Article 137 of the Revised Penal Code, such disability not having been
removed by plenary pardon or amnesty; Provided, however, That any person
disqualified to vote under this subsection shall automatically acquire the right to
vote upon expiration of five (5) years after service of sentence; Provided, further,
That the Commission may take cognizance of final judgments issued by foreign
courts or tribunals only on the basis of reciprocity and subject to the formalities and
processes prescribed by the Rules of Court on execution of judgments;
4. An immigrant or a permanent resident who is recognized as such in the host
country, unless he/she executes, upon registration, an affidavit prepared for the
purpose by the Commission declaring that he/she shall resume actual physical
permanent residence in the Philippines not later than three (3) years from approval
of his/her registration under this Act. Such affidavit shall also state that he/she has
not applied for citizenship in another country. Failure to return shall be the cause
for the removal of the name of the immigrant or permanent resident from the
National Registry of Absentee Voters and his/her permanent disqualification to vote
in absentia.
5. Any citizen of the Philippines abroad previously declared insane or incompetent
by competent authority in the Philippines or abroad, as verified by the Philippine
embassies, consulates or foreign service establishments concerned, unless such
competent authority subsequently certifies that such person is no longer insane or
incompetent.
Sec. 6. Personal Overseas Absentee Registration. – Registration as an overseas
absentee voter shall be done in person.
Qualified citizens of the Philippines abroad who failed to register under Republic Act
No. 8189, otherwise known as the "The Voters Registration Act of 1996", may
personally apply for registration with the Election Registration Board of the city or
municipality where they were domiciled immediately prior to their departure from
the Philippines, or with the representative of the Commission at the Philippine
embassies, consulates and other foreign service establishments that have
jurisdiction over the locality where they temporarily reside. Subject to the specific
guidelines herein provided, the Commission is hereby authorized to prescribe
additional procedures for overseas absentee registration pursuant to the provisions
of Republic Act No. 8189, whenever applicable, taking into strict consideration the
time zones and the various periods and processes herein provided for the proper
implementation of this Act. The embassies, consulates and other foreign service
establishments shall transmit within (5) days from receipt the accomplished
registration forms to the Commission, after which the Commission shall coordinate
with the Election Officer of the city or municipality of the applicant’s stated
residence for verification, hearing and annotation in the permanent list of voters.
All applications for the May, 2004 elections shall be filed with the Commission not
later than two hundred eighty (280) calendar days before the day of elections. For
succeeding elections, the Commission shall provide for the period within which
applications to register must be filed.
In the case of seafarers, the Commission shall provide a special mechanism for the
time and manner of personal registration taking into consideration the nature of
their work.
6.1. Upon receipt of the application for registration, the Election Officer shall
immediately set the application for hearing, the notice of which shall be posted in a
conspicuous place in the premises of the city or municipal building of the applicant’s
stated residence for at least one (1) week before the date of the hearing. The
Election Officer shall immediately furnish a copy of the application to the designated
representatives of political parties and other accredited groups.
6.2. If no verified objection to the application is filed, the Election Officer shall
immediately forward the application to the Election Registration Board, which shall
decide on the application within one (1) week from the date of hearing without
waiting for the quarterly meeting of the Board. The applicant shall be notified of the
approval or disapproval of his/her application by registered mail.
6.3. In the event that an objection to the application is filed prior to or on the date
of hearing, the Election Officer shall notify the applicant of said objection by
registered mail, enclosing therein copies of affidavits or documents submitted in
support of the objection filed with the said Election Officer, if any. The applicant shall
have the right to file his counter-affidavit by registered mail, clearly stating therein
facts and defenses sworn before any officer in the host country authorized to
administer oaths.
6.4. The application shall be approved or disapproved based on the merits of the
objection, counter-affidavit and documents submitted by the party objecting and
those of the applicant.
6.5 A Certificate of Registration as an overseas absentee voter shall be issued by the
Commission to all applicants whose applications have been approved, including
those certified as registered voters. The Commission shall include the approved
applications in the National Registry of Absentee Voters.
6.6. If the application has been approved, any interested party may file a petition for
exclusion not later than two hundred ten (210) days before the day of elections with
the proper municipal or metropolitan trial court. The petition shall be decided within
fifteen (15) days after its filing on the basis of the documents submitted in
connection therewith. Should the court fail to render a decision within the
prescribed period, the ruling of the Election Registration Board shall be considered
affirmed.
6.7. If the application has been disapproved, the applicant or his authorized
representative shall, within a period of five (5) days from receipt of the notice of
disapproval, have the right to file a petition for inclusion with the proper municipal
or metropolitan trial court. The petition shall be decided within five (5) days after its
filing on the basis of documents submitted in connection therewith.
Qualified citizens of the Philippines abroad, who have previously registered as voters
pursuant to Republic Act No. 8189 shall apply for certification as absentee voters
and for inclusion in the National Registry of Overseas Absentee Voters, with a
corresponding annotation in the Certified Voters’ List.
Sec. 7. System of Continuing Registration. – The Commission shall ensure that the
benefits of the system of continuing registration are extended to qualified overseas
absentee voters. Towards this end, the Commission shall optimize the use of existing
facilities, personnel and mechanisms of the various government agencies for
purposes of data gathering, data validation, information dissemination and
facilitation of the registration process.
Pre-departure programs, services and mechanisms offered and administered by the
Department of Foreign Affairs, Department of Labor and Employment, Philippine
Overseas Employment Administration, Overseas Workers’ Welfare Administration,
Commission on Filipinos Overseas and other appropriate agencies of the
government shall be utilized for purposes of supporting the overseas absentee
registration and voting processes, subject to limitations imposed by law.
Sec. 8. 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 certification of
the Department of Foreign Affairs that it has reviewed the appropriate documents
submitted by the applicant and found them sufficient 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;
b. Accomplished registration form prescribed by the Commission containing the
following mandatory information:
i. Last known residence of the applicant in the Philippines before leaving for abroad;
ii. Address of applicant abroad, or forwarding address in the case of seafarers;
iii. Where voting by mail is allowed, the applicant’s mailing address outside the
Philippines where the ballot for absentee voters will be sent, in proper cases; and;
iv. Name and address of applicant’s authorized representative in the Philippines for
purposes of Section 6.7 and Section 12 hereof.
c. In the case of immigrants and permanent residents not otherwise disqualified to
vote under this Act, an affidavit declaring the intention to resume actual physical
permanent residence in the Philippines not later than three (3) years after approval
of his/her registration as an overseas absentee voter under this Act. Such affidavit
shall also state that he/she has not applied for citizenship in another country.
The Commission may also require additional data to facilitate registration and
recording. No information other than those necessary to establish the identity and
qualification of the applicant shall be required.
Sec. 9. National Registry of Overseas Absentee Voters. – The Commission shall
maintain a National Registry of Overseas Absentee Voters. Approved applications of
overseas absentee registrants shall also be included in the permanent list of voters
of the city or municipality where the registrant is domiciled, with the corresponding
annotation that such person has been registered or will be voting as an overseas
absentee voter. The registry shall also include those registered under Republic Act
No. 8189 and who have been issued certifications as overseas absentee voters. The
entries in the National Registry of Overseas Absentee Voters and the annotations as
overseas absentee voters in the Certified Voters’ List shall be permanent, and cannot
be cancelled or amended except in any of the following cases:
9.1. When the overseas absentee voter files a letter under oath addressed to the
Commission that he/she wishes to be removed from the Registry of Overseas
Absentee Voters, or that his/her name be transferred to the regular registry of
voters; or,
9.2. When an overseas absentee voter’s name was ordered removed by the
Commission from the Registry of Overseas Absentee Voters for his/her failure to
exercise his/her right to vote under this Act for two (2) consecutive national
elections.
Sec. 10. Notice of Registration and Election. – The Commission shall, through the
embassies, consulates and other foreign service establishments, 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 qualified citizens of the Philippines abroad, at least six (6) months
before the date set for the filing 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 Department of Foreign
Affairs shall post the same in their respective websites.
Sec. 11. Procedure for Application to Vote in Absentia. –
11.1. Every qualified citizen of the Philippines abroad whose application for
registration has been approved, including those previously registered under
Republic Act No. 8189, shall, in every national election, file with the officer of the
embassy, consulate or other foreign service establishment authorized by the
Commission, a sworn written application to vote in a form prescribed by the
Commission. The authorized officer of such embassy, consulate or other foreign
service establishment shall transmit to the Commission the said application to vote
within five (5) days from receipt thereof. The application form shall be accomplished
in triplicate and submitted together with the photocopy of his/her overseas
absentee voter certificate of registration.
11.2. Every application to vote in absentia may be done personally at, or by mail to,
the embassy, consulate or foreign service establishment, which has jurisdiction over
the country where he/she has indicated his/her address for purposes of the
elections.
11.3. Consular and diplomatic services rendered in connection with the overseas
absentee voting processes shall be made available at no cost to the overseas
absentee voter.
Sec. 12. Verification and Approval of Application to Vote. – All applications shall be
acted upon by the Commission upon receipt thereof, but in no case later than one
hundred fifty (150) days before the day of elections. In the event of disapproval of
the application, the voter or his authorized representative may file a Motion for
Reconsideration with the Commission personally, or by registered mail, within ten
(10) days from receipt of the notice of disapproval. The Commission shall act within
five (5) days from receipt of such Motion for Reconsideration and shall immediately
notify the voter of its decision. The decision of the Commission shall be final and
executory.
The Commission shall issue an overseas absentee voter identification card to those
whose applications to vote have been approved.
Sec. 13. Preparation and Posting of Certified List of Overseas Absentee Voters. – The
Commission shall prepare the Certified List of Overseas Absentee Voters within one
hundred twenty (120) days before every election, and furnish within the same
period copies thereof to the appropriate embassies, consulates and other foreign
service establishments, which shall post the same in their bulletin boards within ten
(10) days from receipt thereof.
Subject to reasonable regulation and the payment of fees in such amounts as may
be fixed by the Commission, the candidates, political parties, accredited citizens’
arms, interested persons and all embassies, consulates and other foreign service
establishments shall be furnished copies thereof.
Sec. 14. Printing and Transmittal of Ballots, Voting Instructions, Election Forms and
Paraphernalia. –
14.1. The Commission shall cause the printing of ballots for overseas absentee
voters, voting instructions, and election forms in such number as may be necessary,
but in no case shall it exceed the total number of approved applications. Security
markings shall be used in the printing of ballots for overseas absentee voters.
14.2. The Commission shall present to the authorized representatives of the
Department of Foreign Affairs and the accredited major political parties the ballots
for overseas absentee voters, voting instructions, election forms and other election
paraphernalia for scrutiny and inspection prior to their transmittal to the embassies,
consulates and other foreign service establishments concerned.
14.3. The Commission shall, not later than seventy-five (75) days before the day of
elections, transmit by special pouch to the embassies, consulates and other foreign
service establishments, the exact number of ballots for overseas absentee voters
corresponding to the number of approved applications, along with such materials
and election paraphernalia necessary to ensure the secrecy and integrity of the
election.
14.4. The authorized representatives of accredited major political parties shall have
the right to be present in all phases of printing, transmittal, and casting of ballots
abroad. Unclaimed ballots properly marked as such, shall be cancelled and shipped
to the Commission by the least costly method.
Sec. 15. Regulation on Campaigning Abroad. – 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.
Sec. 16. Casting and Submission of Ballots. –
16.1. Upon receipt by the designated officer of the embassy, consulate and other
foreign service establishments of the ballots for overseas absentee voters, voting
instructions, election forms and other paraphernalia, he/she shall make them
available on the premises to the qualified overseas absentee voters in their
respective jurisdictions during the thirty (30) days before the day of elections when
overseas absentee voters may cast their vote. Immediately upon receiving it, the
overseas absentee voter must fill-out his/her ballot personally, in secret, without
leaving the premises of the embassies, consulates and other foreign service
establishments concerned.
16.2. The overseas absentee voter shall personally accomplish his/her ballot at the
embassy, consulate or other foreign service establishment that has jurisdiction over
the country where he/she temporarily resides or at any polling place designated and
accredited by the Commission.
16.3. The overseas absentee voter shall cast his ballot, upon presentation of the
absentee voter identification card issued by the Commission, within thirty (30) days
before the day of elections. In the case of seafarers, they shall cast their ballots
anytime within sixty (60) days before the day of elections as prescribed in the
Implementing Rules and Guidelines.
16.4. All accomplished ballots received shall be placed unopened inside sealed
containers and kept in a secure place designated by the Commission.
16.5. The embassies, consulates and other foreign service establishments concerned
shall keep a complete record of the ballots for overseas absentee voters, specifically
indicating the number of ballots they actually received, and in cases where voting
by mail is allowed under Section 17 hereof, the names and addresses of the voters
to whom these ballots were sent, including proof of receipt thereof. In addition, the
embassies, consulates and other foreign service establishments 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 offices, the
number of invalid and unclaimed ballots and other pertinent data.
16.6. The overseas absentee voter shall be instructed that his/her ballot shall not be
counted if it is not inside the special envelope furnished him/her when it is cast.
16.7. Ballots not claimed by the overseas absentee voters at the embassies,
consulates and other foreign service establishments, in case of personal voting, and
ballots returned to the embassies, consulates and other foreign service
establishments 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.
16.8. Only ballots cast, and mailed ballots received by the Philippine embassies,
consulates and other foreign service establishments concerned in accordance with
Section 17 hereof before the close of voting on the day of elections shall be counted
in accordance with Section 18 hereof. All envelopes containing the ballots received
by the embassies, consulates and other foreign service establishments 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.
16.9. A Special Ballot Reception and Custody Group composed of three (3) members
shall be constituted by the Commission from among the staff of the embassies,
consulates and other foreign service establishments 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
Special Boards of Election Inspectors.
16.10. During this phase of the election process, the authorized representatives of
the political parties, candidates, and accredited citizens’ arms of the Commission
shall be notified in writing thereof and shall have the right to witness the
proceedings.
16.11. The Commission shall study the use of electronic mail, Internet, or other
secured networks in the casting of votes, and submit a report thereon to the Joint
Congressional Oversight Committee.
Sec. 17. Voting by Mail. –
17.1. For the May, 2004 elections, the Commission shall authorize voting by mail in
not more than three (3) countries, subject to the approval of the Congressional
Oversight Committee. Voting by mail may be allowed in countries that satisfy the
following conditions:
a. Where the mailing system is fairly well-developed and secure to prevent the
occasion of fraud;
b. Where there exists a technically established identification system that would
preclude multiple or proxy voting; and,
c. Where the system of reception and custody of mailed ballots in the embassies,
consulates and other foreign service establishments concerned are adequate and
well-secured.
Thereafter, voting by mail in any country shall be allowed only upon review and
approval of the Joint Congressional Oversight Committee.
17.2. The overseas absentee voters shall send his/her accomplished ballot to the
corresponding embassy, consular or other foreign service establishment that has
jurisdiction over the country where he/she temporarily resides. He/She shall be
entitled to cast his/her ballot at any time upon his/her receipt thereof, provided that
the same Is received before the close of voting on the day of elections. The overseas
absentee voter shall be instructed that his/her ballot shall not be counted if not
transmitted in the special envelope furnished him/her.
17.3. Only mailed ballots received by the Philippine embassy, consulate and other
foreign service establishments before the close of voting on the day of elections shall
be counted in accordance with Section 18 hereof. All envelopes containing the
ballots received by the embassies, consulates and other foreign service
establishments 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.
Sec. 18. On-Site Counting and Canvassing. –
18.1. The counting and canvassing of votes shall be conducted on site in the country
where the votes were actually cast. The opening of the specially-marked envelopes
containing the ballots and the counting and canvassing of votes shall be conducted
within the premises of the embassies, consulates and other foreign service
establishments or in such other places as may be designated by the Commission
pursuant to the Implementing Rules and Regulations. The Commission shall ensure
that the start of counting in all polling places abroad shall be synchronized with the
start of counting in the Philippines.
18.2. For these purposes, the Commission shall constitute as many Special Boards
of Election Inspectors as may be necessary to conduct and supervise the counting
of votes as provided in Section 18.2 hereof. The Special Boards of Election Inspectors
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 officer posted abroad designated by the Commission, as the
case may be, shall act as the chairman; in the absence of other government officers,
the two (2) other members shall be citizens of the Philippines who are qualified 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 Special Board of Election Inspectors
on issues brought before it during the conduct of its proceedings shall be valid only
when they carry the approval of the chairman.
Immediately upon the completion of the counting, the Special Boards of Election
Inspectors shall transmit via facsimile and/or electronic mail the results to the
Commission in Manila and the accredited major political parties.
18.3. Only ballots cast on, or received by the embassies, consulates and other
foreign service establishments before the close of voting on the day of elections shall
be included in the counting of votes. Those received afterwards shall not be
counted.
18.4. A Special Board of Canvassers composed of a lawyer preferably of the
Commission as chairman, a senior career officer from any of the government
agencies maintaining a post abroad and, in the absence of another government
officer, a citizen of the Philippines qualified to vote under this Act deputized by the
Commission, as vice-chairman and member-secretary, respectively, shall be
constituted to canvass the election returns submitted to it by the Special Boards of
Election Inspectors. Immediately upon the completion of the canvass, the chairman
of the Special Board of Canvassers shall transmit via facsimile, electronic mail, or any
other means of transmission equally safe and reliable the Certificates 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 Special Board of Canvassers 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.
The Certificates of Canvass and the accompanying Statements of Votes as
transmitted via facsimile, electronic mail and any other means of transmission
equally safe, secure and reliable shall be the primary basis for the national canvass.
18.5. The canvass of votes shall not cause the delay of the proclamation of a winning
candidate if the outcome of the election will not be affected by the results thereof.
Notwithstanding the foregoing, the Commission is empowered to order the
proclamation of winning candidates despite the fact that the scheduled election has
not taken place in a particular country or countries, if the holding of elections therein
has been rendered impossible by events, factors and circumstances peculiar to such
country or countries, and which events, factors and circumstances are beyond the
control or influence of the Commission.
18.6. In the preparation of the final tally of votes on the results of the national
elections, the Commission shall ensure that the votes canvassed by each and every
country shall be reflected as a separate item from the tally of national votes. For
purposes of this Act, the returns of every election for president and vice-president
prepared by the Special Board of Canvassers shall be deemed a certificate of canvass
of a city or province.
18.7. Where feasible, the counting and canvassing of votes shall be automated.
Towards this end, the Commission is hereby authorized to borrow, rent, lease or
acquire automated voting machines for purposes of canvassing and counting of
votes pursuant to the provisions of this Act, and in accordance with the
Implementing Rules and Regulations promulgated by the Commission.
Sec. 19. Authority of the Commission to Promulgate Rules. – The Commission shall
issue the necessary rules and regulations to effectively implement the provisions of
this Act within sixty (60) days from the effectivity of this Act. The Implementing Rules
and Regulations shall be submitted to the Joint Congressional Oversight Committee
created by virtue of this Act for prior approval.
In the formulation of the rules and regulations, the Commission shall coordinate
with the Department of Foreign Affairs, Department of Labor and Employment,
Philippine Overseas and Employment Administration, Overseas Workers’ Welfare
Administration and the Commission on Filipinos Overseas. Non-government
organizations and accredited Filipino organizations or associations abroad shall be
consulted.
Sec. 20. Information Campaign. – The Commission, in coordination with agencies
concerned, shall undertake an information campaign to educate the public on the
manner of absentee voting for qualified overseas absentee voters. It may require
the support and assistance of the Department of Foreign Affairs, through the
embassies, consulates and other foreign service establishments, Department of
Labor and employment, Department of Transportation and Communications,
Philippine Postal Corporation, Philippine Overseas Employment Administration,
Overseas Workers’ Welfare Administration and the Commission on Filipinos
Overseas. The Commission may deputize Filipino organizations/associations
overseas for the same purpose: Provided, That any such deputized
organization/association shall be prohibited from participating in the elections by
campaigning for or fielding candidates; Provided, further, That if any such deputized
organization/association is discovered to have a member who is not a qualified
overseas absentee voter as herein defined, such deputized organization/association
shall be banned from participating in any manner, and at any stage, in the Philippine
political process abroad.
Such information campaign shall educate the Filipino public, within and outside the
Philippines, on the rights of overseas absentee voters, absentee 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 or accredited private organizations shall
prepare, print, distribute or post in websites any information material without the
prior approval of the Commission.
Sec. 21. Access to Official Records and Documents. – Subject to the pertinent
provisions of this Act, any person shall have the right to access and/or copy at his
expense all registration records, voters lists and other official records and
documents, subject to reasonable regulations as may be imposed by the
Commission.
Sec. 22. Assistance from Government Agencies. – All government officers,
particularly from the Department of Foreign Affairs, Department of Labor and
Employment, Department of Transportation and Communications, Philippine Postal
Corporation, Philippine Overseas Employment Administration, Overseas Workers’
Welfare Administration, Commission on Filipinos Overseas and other government
offices 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 officers 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 officers to assist the embassies, consulates and other foreign service
establishment concerned.
Sec. 23. 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 Committee on Absentee Voting of the
Commission shall be responsible for ensuring the secrecy and sanctity of the
absentee voting process. In 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 non-government
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 officer 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.
Sec. 24. Prohibited Acts. – In addition to the prohibited acts provided by law, it shall
be unlawful:
24.1. For any officer or employee of the Philippine government to influence or
attempt to influence 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 office.
24.2. For any person to deprive any person of any right secured in this Act, or to give
false information as to his/her name, address, or period of residence for the
purposes of establishing his/her 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 offer to pay, or to accept
payment either for application to vote in absentia or for voting;
24.3. For any person to tamper with the ballot, the mail containing the ballots for
overseas absentee voters, the election returns, including the destruction, mutilation
and manipulation thereof;
24.4. For any person to steal, destroy, conceal, mutilate or alter any record,
document or paper as required for purposes of this Act;
24.5. For any deputized agent to refuse without justifiable ground, to serve or
continue serving, or to comply with his/her sworn duties after acceptance of his/her
appointment;
24.6. For any public officer or employee who shall cause the preparation, printing,
distribution of information material, or post the same in websites without the prior
approval of the Commission;
24.7. For any public officer 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 his
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;
24.8. For any person who, after being deputized by the Commission to undertake
activities in connection with the implementation of this Act, shall campaign for or
assist, in whatever manner, candidates in the elections;
24.9. For any person who is not a citizen of the Philippines to participate, by word
or deed, directly or indirectly through qualified 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 offenses and 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 defined in this section: Provided, That the penalty of prision mayor
in its minimum period shall be imposed upon any person found guilty of Section 24.3
hereof without the benefit of the operation of the Indeterminate Sentence Law. If
the offender is a public officer or a candidate, the penalty shall be prision mayor in
its maximum period. In addition, the offender shall be sentenced to suffer perpetual
disqualification to hold public office and deprivation of the right to vote.
Immigrants and permanent residents who do not resume residence in the
Philippines as stipulated in their affidavit under Section 5(d) within three (3) years
after approval of his/her registration under this Act and yet vote in the next elections
contrary to the said section, shall be penalized by imprisonment of not less than one
(1) year, and shall be deemed disqualified as provided in Section 5(c) of this Act.
His/her passport shall be stamped "not allowed to vote".
Sec. 25. Joint Congressional Oversight Committee. – A Joint Congressional Oversight
Committee is hereby created, composed of the Chairman of the Senate Committee
on Constitutional Amendments, Revision of Codes and Laws, and seven (7) other
Senators designated by the Senate President, and the Chairman of the House
Committee on Suffrage 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 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. It shall review, revise, amend and approve
the Implementing Rules and Regulations promulgated by the Commission.
Sec. 26. Applicability of Other Election Laws. – The pertinent provisions of the
Omnibus Election Code, as amended, and other election laws, which are not in
conflict with the provisions of this Act shall remain in full force and shall have
suppletory application to this Act.
Sec. 27. Enforcement and Administration by the Commission. – The Commission
shall, for the purpose of ensuring honest, orderly, peaceful and free elections
abroad, have exclusive charge of the enforcement, administration and
implementation of this Act.
Sec. 28. Mandatory Review. – Congress shall complete a mandatory review of this
Act within two (2) years following the May, 2004 elections for the purpose of
amending it to expand or restrict its coverage, scope and application, as well as
improve its procedures and institute measures and safeguards, taking into account
the experience of the previous election, technological advances and structural
political changes.
Sec. 29. Appropriations. – The amount necessary to carry out the provisions of this
Act shall be provided in a supplemental budget or included in the General
Appropriations Act of the year of its enactment into law. Thereafter, the expenses
for its continued implementation shall be included in the subsequent General
Appropriations Act.
VI. RA 10590
"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. Definition of Terms. - For purposes of this Act:
"(a) Certified 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 Office 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 Affairs Overseas Voting Secretariat (DFA-OVS) refers to
the secretariat based at the Department of Foreign Affairs (DFA) home office tasked
to assist the Office 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 field registrations, undertaken as
part of the posts' mobile consular and outreach activities to Filipinos within their
jurisdictions.
"(g) Municipal/City/District Registry of Overseas Voters (ROV) refers to the
consolidated list prepared, approved and maintained 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 certification 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 certified as overseas voters,
have been approved by the resident Election Registration Board, indicating the post
where the overseas voter is registered.
"(i) Office for Overseas Voting (OFOV) refers to the Office of the Commission tasked
to oversee and supervise the effective implementation of the Overseas Voting Act.
"(j) Overseas Voter refers to a citizen of the Philippines who is qualified to register
and vote under this Act, not otherwise disqualified by law, who is abroad on the day
of elections.
"(k) Overseas Voting refers to the process by which qualified 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 offices
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 certification as overseas voters,
including the deactivation, reactivation and cancellation of registration records.
"(n) Seafarers refer to ship officers and ratings manning ships, including offshore
workers, service providers and fishermen, as denned in the revised rules on the
issuance of seafarer's identification 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.
"(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
disqualified 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."
"SEC. 5. Disqualifications. - The following shall be disqualified 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 final judgment by a Philippine
court or tribunal of an offense 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 disqualified to vote under this subsection shall
automatically acquire the right to vote upon the expiration of five (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 verified by the Philippine
embassies, consulates or foreign service establishments concerned, unless such
competent authority subsequently certifies that such person is no longer insane or
incompetent."
"SEC. 6. Personal Overseas Registration and/or Certification. - Registration and/or
certification 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 identification card to those whose
applications to vote have been approved."
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,
Disqualification and Compensation. - The RERB shall be composed of the following:
"(a) A career official of the DFA, as Chairperson;
"(b) The most senior officer from the Department of Labor and Employment (DOLE)
or any government agency of the Philippines maintaining offices abroad, as
member: Provided, That in case of disqualification or nonavailability of the most
senior officer from the DOLE or any government agency of the Philippines
maintaining offices abroad, the Commission shall designate a career official 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 office of the Commission and shall
be composed of a senior official 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.
"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 affinity.
"Each member of the RERB shall be entitled to an honorarium at the rates approved
by the Department of Budget and Management (DBM)."
"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 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."
"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 file 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
fifteen (15) days from its filing, 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
affirmed.
"9.2. Motion for Reconsideration. - If the application has been disapproved, the
applicant or the authorized representative shall have the right to file a motion for
reconsideration before the RERB within a period of five (5) days from receipt of the
notice of disapproval. The motion shall be decided within five (5) days after its filing
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 file 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.
"The petition shall be decided on the basis of the documents submitted within
fifteen (15) days from filing, 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 affirmed.
"Qualified 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 certification as overseas voters and for inclusion in the
NROV. In case of approval, the Election Officer concerned shall annotate the fact of
registration/certification as overseas voter before the voter's name as appearing in
the certified voters' list and in the voter's registration records."
"SEC. 10. Transfer of Registration Record. - In the event of change of voting venue,
an application for transfer of registration record must be filed 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, finally, 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
benefits of the system of continuing registration are extended to qualified 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 offered 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 suffrage within the limits
provided for by this Act."
"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 certification of
the DFA that it has reviewed the appropriate documents submitted by the applicant
and has found them sufficient 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;
"(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 certified true copy of the
order of approval of their application to retain or reacquire their Filipino citizenship
issued by the post or their identification certificate issued by the Bureau of
Immigration.
"The Commission may also require, additional data to facilitate registration and
recording.1âwphi1 No information other than those necessary to establish the
identity and qualification of the applicant shall be required.
"All applications for registration and/or certification 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."
"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."
"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 file after entering
any of the following causes of deactivation:
"(a) Any person who has been sentenced by final judgment by a Philippine court or
tribunal to suffer imprisonment for not less than one (1) year, such disability not
having been removed by plenary pardon or amnesty: Provided, however, That any
person disqualified to vote under this paragraph shall automatically reacquire the
right to vote upon the expiration of five (5) years after service of sentence, as
certified 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 disqualification has been subsequently removed by a declaration of a
proper authority that such person is no longer insane or incompetent;
"(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 qualified citizens of the Philippines abroad, at
least six (6) months before the date set for the filing 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.
"SEC. 16. Reactivation of Registration. - Any overseas voter whose registration has
been deactivated pursuant to the preceding section may file 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."
"SEC 17. Cancellation of Registration. - The RERB shall cancel the registration records
of those who have died, as certified by either the posts or by the local civil registrar,
and those who have been proven to have lost their Filipino citizenship."
"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, file 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."
"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 final court judgment; or to correct a misspelled name or any erroneous
entry in the NROV, CLOV and voter's identification card may, personally or through
an authorized representative, file 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."
"SEC. 20. Preparation and Posting of Certified List of Overseas Voters. - The
Commission shall prepare the Certified 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 fixed 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."
"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.
"21.3. The Commission shall transmit, as far as practicable, but not later than forty-
five (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.
"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."
"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."
"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 specific mode, taking into consideration the minimum
criteria enumerated under this Act which shall include the number of registered
voters, accessibility of the posts, efficiency of the host country's applied system and
such other circumstances that may affect the conduct of voting.
"The Commission shall announce the specific mode of voting per country/post at
least one hundred twenty (120) days before the start of the voting period."
"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 qualified 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 fill-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
identification card issued by the Commission or such other documents deemed by
the SBEI at the post as sufficient to establish the voter's identity.
"24.4. x x x
"24.5. The posts concerned shall keep a complete record of the ballots for overseas
voters, specifically 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 offices, the number of invalid and unclaimed ballots
and other pertinent data.
"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 staff 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. x x x
"24.10. x x x."
"SEC. 25. Voting by Mail. -
"25.1. x x x
"(a) x x x;
"(b) x x x; and
"(c) x x x.
"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 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."
"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."
"SEC. 27. On-Site Counting and Canvassing. -
"27.1. x x x
"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 officer posted abroad designated by the
Commission, as the case may be, shall act as the Chairman; in the absence of other
government officers, the two (2) other members shall be citizens of the Philippines
who are qualified 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.
"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.
"x x x
"27.3. x x x
"27.4. The SBOC composed of the highest ranking officer of the post as Chairperson,
a senior career officer from any of the government agencies maintaining a post
abroad and, in the absence of another government officer, a citizen of the
Philippines qualified 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 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 Certificates 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.
"x x x
"27.5. x x x
"27.6. x x x. For purposes of this Act, the returns of every election for President and
Vice-President prepared by the SBOCs shall be deemed a certificate of canvass of a
city or a province.
"27.7. x x x."
"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 efficient, 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."
"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."
"SEC. 30. Establishment of an Office for Overseas Voting (OFOV) Under the
Commission. - The Commission is hereby authorized to establish an OFOV tasked
specifically to oversee and supervise the effective implementation of the Overseas
Voting Act: Provided, That its secretariat shall come from the existing secretariat
personnel of the Commission on Elections."
"SEC. 31. Creation of the Department of Foreign Affairs Overseas Voting Secretariat
(DFA-OVS). - A secretariat based in the DFA home office 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.
"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 qualified 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.
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.
"SEC. 34. Assistance from Government Agencies. - All government officers,
particularly from the DFA, the DOLE, the DOTC, the PPC, the POEA, the OWWA, the
Commission on Filipinos Overseas and other government offices 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 officers 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 officers 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."
"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
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 officer 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."
"SEC. 36. Prohibited Acts. - In addition to the prohibited acts provided by law, it shall
be unlawful:
"36.1. For any officer or employee of the Philippine government to influence or
attempt to influence 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 office;
"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 offer to pay, or to accept payment
either for application for registration, or for voting;
"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 justifiable ground, to serve or
continue serving, or to comply with one's sworn duties after acceptance of the
deputization;
"36.5. For any public officer 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 officer 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 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 qualified 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 offenses 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 defined 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 benefit of the operation of the Indeterminate Sentence Law.
If the offender is a public officer or a candidate, the penalty shall be prision mayor
in its maximum period. In addition, the offender shall be sentenced to suffer
perpetual disqualification to hold public office and deprivation of the right to vote."
"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 Suffrage 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 Affairs 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.
"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."
Section 41. Implementing Rules and Regulations. - The Commission shall promulgate
rules and regulations for the implementation and enforcement of the provisions of
this Act within sixty (60) days from the effectivity 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
"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 qualified citizens
of the Philippines abroad in the exercise of this fundamental right."
VII. Macalintal v. COMELEC
FACTS:
This is a petition for certiorari and prohibition filed by Romulo B. Macalintal, a
member of the Philippine Bar, seeking a declaration that certain provisions of
Republic Act No. 9189 (The Overseas Absentee Voting Act of 2003) suffer from
constitutional infirmity. Claiming that he has actual and material legal interest in the
subject matter of this case in seeing to it that public funds are properly and lawfully
used and appropriated, petitioner filed the instant petition as a taxpayer and as a
lawyer.
Petitioner posits that Section 5(d) is unconstitutional because it violates Section 1,
Article V of the 1987 Constitution which requires that the voter must be a resident
in the Philippines for at least one year and in the place where he proposes to vote
for at least six months immediately preceding an election. Petitioner cites the ruling
of the Court in Caasi vs. Court of Appeals to support his claim. In that case, the Court
held that a green card holder immigrant to the United States is deemed to have
abandoned his domicile and residence in the Philippines.
Petitioner further argues that Section 1, Article V of the Constitution does not allow
provisional registration or a promise by a voter to perform a condition to be qualified
to vote in a political exercise; that the legislature should not be allowed to
circumvent the requirement of the Constitution on the right of suffrage by providing
a condition thereon which in effect amends or alters the aforesaid residence
requirement to qualify a Filipino abroad to vote. He claims that the right of suffrage
should not be granted to anyone who, on the date of the election, does not possess
the qualifications provided for by Section 1, Article V of the Constitution.
ISSUE:
Is RA 9189 [Overseas Absentee Voting Act of 2003], valid & constitutional?
RULING:
Contrary to petitioner’s claim that Section 5(d) circumvents the Constitution,
Congress enacted the law prescribing a system of overseas absentee voting in
compliance with the constitutional mandate. Such mandate expressly requires that
Congress provide a system of absentee voting that necessarily presupposes that the
“qualified citizen of the Philippines abroad” is not physically present in the country.
The petition was partly GRANTED. The following portions of R.A. No. 9189 are
declared VOID for being UNCONSTITUTIONAL:
a) The phrase in the first sentence of the first paragraph of Section 17.1, to wit:
“subject to the approval of the Joint Congressional Oversight Committee;”
b) The portion of the last paragraph of Section 17.1, to wit: “only upon review and
approval of the Joint Congressional Oversight Committee;”
c) The second sentence of the first paragraph of Section 19, to wit: “The
Implementing Rules and Regulations shall be submitted to the Joint Congressional
Oversight Committee created by virtue of this Act for prior approval;” and
d) The second sentence in the second paragraph of Section 25, to wit: “It shall
review, revise, amend and approve the Implementing Rules and Regulations
promulgated by the Commission” of the same law;
for being repugnant to Section 1, Article IX-A of the Constitution mandating the
independence of constitutional commission, such as COMELEC.
Pursuant to Section 30 of R.A. No. 9189, the rest of the provisions of said law
continues to be in full force and effect.
VIII. People v. Corral
Facts:
Appellant was charged having voted illegally at the general elections held on June 5,
1934. After due trial, he was convicted on the ground that he had voted while
laboring under a legal disqualification. The judgment of conviction was based on
section 2642, in connection with section 432 of the Revised Administrative Code.
It is undisputed that appellant was sentenced by final judgment of this court
promulgated on March 3, 1910 to suffer eight years and one day of presidio mayor.
No evidence was presented to show that prior to June 5, 1934, he had been granted
a plenary pardon. It is likewise undisputed that at the general elections held on June
5, 1934, the voted in election precinct No. 18 of the municipality of Davao, Province
of Davao.
Counsel for the appellant contend that inasmuch as the latter voted in 1928 his
offense had already prescribed, and he could no longer be prosecuted for illegal
voting at the general election held on June 5, 1934.
Issue:
1. W/N the state has the right to deprive a person’s right to suffrage
2. W/N the appellant’s contention that the end of his punishment thus ends of
his disqualification for election has merit.
Held:
Yes. The right of the State to deprive persons to the right of suffrage by reason of
their having been convicted of crime, is beyond question. "The manifest purpose of
such restrictions upon this right is to preserve the purity of elections. The
presumption is that one rendered infamous by conviction of felony, or other base
offense indicative of moral turpitude, is unfit to exercise the privilege of suffrage or
to hold office. The exclusion must for this reason be adjudged a mere
disqualification, imposed for protection and not for punishment, the withholding of
a privilege and not the denial of a personal right.
No. Neither is there any merit in the contention advanced by counsel for the
appellant that the disqualification imposed on the latter must be considered as
having been removed at the expiration of his sentence. This claim is based upon an
erroneous theory of the nature of the disqualification. It regards it as a punishment
when, as already indicated, the correct view is that it is imposed, "for protection and
not for punishment,.the withholding of a privilege and not the denial of a personal
right." Judicial interpretation and long established administrative practice are
against such a view.

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