Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNo.__ 3004

Introduced by HON. GLORIA MACAPAGAL ARROYO

EXPLANATORY NOTE

Republic Act 9189 otherwise known as the Oversees Absentee Voting Act was
passed on February 13, 2003. The law provides for the systems and procedures by
which Filipino citizens currently residing or working outside of the Philippines can vote
in an election. It is an important legislative measure which establishes the mechanism
by which Filipino citizens abroad can participate in our democratic exercise. Thus,
elections from 2004 until the recent 2010 were more inclusive and participative. This
strengthened our democratic processes at the same time recognizing the role of our
absentee countrymen in nation-building.

The law provides that all Filipino citizens abroad who are not disqualified by law
and at least 18 years old by the time of elections will be entitled to vote. However, there
were certain administrative requirements that were imposed before one can register
under the law.

The 2004 elections became the litmus test for the law. It was reported that the
Department of Foreign Affairs (DFA) spent a total of P112.71 M for the overseas
absentee voters in 2004. Some 89 registration centers were established abroad along
with 44 posts in 154 areas dedicated for field registration. A total of 364,187 overseas
Filipinos registered; of this number only some 233,092 cast their votes. Thus, there was
only a 64 percent turn-out.

‘This prompted a closer examination of the law and its implementation. Several
factors were identified to have caused the low turn-out such as: a shortened registration
period, stringent voting requirements, limited voting facilities limited days-off at
work prevented many from registering and cost considerations, among others.

Several measures have been introduced to make the law more liberal in terms of
administrative requirements but due to lack of material time these were not enacted last
Congress.

This bill is filed for the purpose of amending RA 9189 to enfranchise more
Filipinos overseas by being relaxing restrictive provisions in the law. This will surely
give our countrymen abroad a stronger voice in our democratic exercise of choosing our
leaders. Thus, the immediate passage of this law is hereby earnestly requested.

HON. fia MACAPAGAL ARROYO


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSEBILLNo, 3004

Introduced by HON. GLORIA MACAPAGAL ARROYO

AN ACT TO AMEND REPUBLIC ACT. NO. 9189 OTHERWISE KNOWN AS.

THE OVERSEAS ABSENTEE VOTING ACT OF 2003

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

SECTION .1 Section 3 of the Republic Act. No. 9189, otherwise known as “The
Overseas Absentee Voting of 2003” is hereby amended to read as follows:

“SEC. 3. Definition of Terms. - For purposes of this Act:

b)

°)

e)

“OVERSEAS Absentee Voting” refers to the process by which
qualified citizens of the Philippines abroad exercise their right to
vote;

“Commission” refers to the commission on Election;

"Certified List of Overseas Absentee Voters" refers to the list of
registered overseas absentee voters whose applications to vote in
abserttia 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, AND POST BY POST. This list shall
be approved by the Commission in an en banc resolution ;

"Day of Election" refers to the actual date of elections in’ the
Philippines;

"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 including those],
registered voters UNDER REPUBLIC ACT 8189, who have applied
to be certified as absentee voters, have been approved by the
RESIDENT Election Registration Board. IT SHALL INDICATE
THE POST WHERE THE OVERSEAS ABSENTEE VOTER IS
REGISTERED;

"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


8)

h)

k)

m)

“COMMITTEE ON OVERSEAS ABSENTEE VOTING (COAV)*
REFERS TO THE COMMITTEE OF THE COMMISSION
TASKED TO OVERSEE AND SUPERVISE THE EFFECTIVE
IMPLEMENTATION OF THE OVERSEAS ABSENTEE VOTING
LAW;

“DFA OVERSEAS ABSENTEE VOTING SECRETARIAT (DFA-
OAVS)” REFERS TO THE SECRETARIAT BASED AT THE
DEPARTMENT OF FOREIGN AFFAIRS (DFA) HOME OFFICE
TASKED TO DIRECT, COORDINATE AND OVERSEE THE
DEPARTMENT'S PARTICIPATION IN THE
IMPLEMENTATION OF THE OVERSEAS ABSENTEE VOTING
LAW (OAVL)”

“FIELD REGISTRATION” REFERS TO THE CONDUCT OF
REGISTRATION AT PRE-DETERMINED LOCATION,
OUTSIDE THE POST FOR A LIMITED PERIOD UPON
FAVORABLE RECOMMENDATION OF THE DFA-OAVS AND
APPROVAL OF THE COAV BASED ON THE GUIDELINES
PRESCRIBED BY THE COMMISSION;

“MOBILE REGISTRATION” REFERS TO THE CONDUCT OF
REGISTRATION AT VARIOUS LOCATIONS OUTSIDE THE
POST AND WHICH SHALL BE UNDERTAKEN AS PART OF
THE POSTS’ MOBILE CONSULAR AND OUTREACH
ACTIVITIES TO THE FILIPINOS WITHIN THEIR
JURISDICTION;

“MUNICIPAL / CITY / DISTRICT REGISTRY OF AOVERSEAS
ABSENTEE VOTERS (ROAV)” REFERS TO THE
CONSOLIDATED LIST PREPARED, APPROVED AND
MAINTAINED BY THE COMMISSION, FOR EVERY
MUNICIPAL/ CITY / DISTRICT, OF OVERSEAS ABSENTEE
VOTERS WHOSE APPLICATIONS FOR REGISTRATION AS
SUCH, INCLUDING THOSE REGISTERED VOTERS UNDER
REPUBLIC ACT. NO. 8189, WHO APPLIED FOR
CERTIFICATION AS OVERSEAS ABSENTEE VOTERS, HAVE
BEEN APPROVED BY THE ELECTION REGISTRATION
BOARD;

“POST” SHALL REFER TO THE PHILIPPINE EMBASSIES, AND
IN CASE WHERE THE HOST COUNTRIES PERMIT OVERSEAS
ABSENTEE VOTING, SHALL INCLUDE THE CONSULATES,
FOREIGN SERVICE ESTABLISHMENTS AND OTHER
PHILIPPINE GOVERNMENT AGENCIES MAINTAINING
OFFICES ABROAD HAVING JURISDICTION OVER THE
PLACES WHERE THE OVERSEAS ABSENTEE VOTERS
TEMPORARILY RESIDE;

“RESIDENT ELECTION REGISTRATION BOARD (RERB)”
REFERS TO THE IN-HOUSE ELECTION REGISTRATION
BOARD OF THE COAV COMPOSED OF THREE (3) RANKING
OFFICIALS OF THE COMMISSION, THE MAIN FUNCTIONS


SECA.

Those who have committed and are convicted in a final judgment by a
court or tribunal of an offense punishable by imprisonment of not |
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;

Any 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 acttal physical permanent residence in the Philippines not later
than [three (3)] SEVEN (7) 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 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

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.

Section 6 of the same Act is hereby amended to read as follows:

“SEC.6. Personal Absentee Registration AND CERTIFICATION. -
Registration AND CERTIFICATION as an overseas absentee voter shall
be done in person AT THE POST THAT HAS JURISDICTION OVER
THE LOCALITY WHERE THE APPLICANT TEMPORARILY RESIDES
OR DESIGNATED REGISTRATION CENTERS IN THE PHILIPPINES
APPROVED BY THE COMMISSION.

FIELD AND MOBILE REGISTRATION CENTERS MAY ALSO
BE SET UP BY THE POST CONCERNED TO ENSURE
ACCESSIBILITY BY THE OVERSEAS ABSENTEE VOTERS. PRE-
DEPARTURE REGISTRATION SHALL LIKEWISE BE CONDUCTED
IN ACCREDITED GOVERNMENT AGENCIES OR FACILITIES TO
BE DETERMINED BY THE COMMISSION.

[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 AN OVERSEAS FILIPINO WORKER, HE/SHE MAY
FILE HIS/HER APPLICATION PERSONALLY AT ANY POST OR AT
DESIGNATED REGISTRATION CENTERS IN THE PHILIPPINES
APPROVED BY THE COMMISSION. HE/SHE SHALL LIKEWISE SUBMIT
HIMSELE/HERSELF FOR LIVE CAPTURE OF HIS/HER BIOMETRICS.

[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,
purely stating therein facts and defenses sworn before any officer in the host
country authorized to administer oaths.

64. 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.

67. 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.5. A new Section 7 is hereby inserted to read as follows:

“SECTION 7. RESIDENT ELECTION REGISTRATION BOARD;
POWERS; EFFECT. - THERE SHALL BE A RESIDENT ELECTION
REGISTRATION BOARD (RERB) WHICH SHALL PROCESS,
APPROVE OR DISAPPROVE ALL = APLICATIONS FOR
REGISTRATION OR CERTIFICATION OF OVERSEAS ABSENTEE
VOTERS.

AN APPLICANT WHOSE APPLICATION FOR
REGISTRATION HAS BEEN APPROVED BY THE RERB SHALL BE
ENTITLEDTO VOTE ONLY AS AN OVERSEAS ABSENTEE VOTER
UNDER THIS ACT. HE/SHE MAY VOTE IN LOCAL ELECTIONS
UPON APPROVAL OF HIS/HER REQUEST FOR TRANSFER OF
REGISTRATION RECORD BY THE LOCAL ELECTION
REGISTRATION BOARD OF THE CITY/ MUNICIPALITY
COMPRISING HIS/HER RESIDENCE.”

SEC.6. A new Section is hereby inserted as follows:
“SECTION.8. DUTIES AND FUCTIONS OF THE RERB. -

8.1 UPON RECEIPT OF THE APPLICATIONS FOR
REGISTRATION OR CERTIFICATION FROM THE POSTS AND
FROM THE DULY DESIGNATED REGISTRATION CENTERS IN
THE PHILIPPINES, THE RERB OF THE COMMISSION SHALL
SCHEDULE THE HEARING OF THE APPLICATIONS FOR
REGISTRATION.


IT SHALL BE THE DUTY OF THE RERB TO NOTIFY ALL
POLITICAL PARTIES AND OTHER PARTIES CONCERNED OF THE
PENDING APPLICATIONS FOR REGISTRATION THROUGH A
WEEKLY UPDATED PUBLICATION IN THE WEBSITES OF THE
COMMISSION AND THE DFA-OAVS AND POSTING THE NAMES
OF THE APPLICANTS IN CONSPICUOUS PLACES NEAR THE
PLACE WHERE THE RERB WILL HOLD ITS HEARING.

8.2 THE RERB SHALL HAVE THE SOLE POWER AND
AUTHORITY TO APPROVE OR DISAPPROVE THE APPLICATION
FOR REGISTRATION OR CERTIFICATION ON THE BASIS OF THE
NON-FILING OF ANY OBJECTION FROM ANY PARTY WITHIN
SEVEN (7) DAYS AFTER THE PUBLICATION OR POSTING OF THE
NAMES OF THE APPLICANTS. IN CASE OF DISAPPROVAL OF THE
APPLICATION FOR REGISTRATION OR CERTIFICATION, WITHIN
FIVE (5) DAYS FROM THE DATE OF DISAPPROVAL, THE RERB
SHALL NOTIFY THE APPLICANT OR HIS/HER AUTHORIZED
REPRESENTATIVE IN THE PHILIPPINES STATING THE REASONS
THEREFORE.

8.3. THE RERB SHALL INCLUDE THE NAME OF THE
APPLICANT WITH APPROVED APPLICATIONS IN THE
NATIONAL REGISTRY OF ABSENTEE VOTERS AND IN THE
CERTIFIED LIST OF OVERSEAS ABSENTEE VOTERS (CLOAV) IN
THE POST WHERE HE/SHE INTENDS TO VOTE IN THE NEXT
NATIONAL ELECTION. SUBJECT TO THE APPROVAL OF THE
COMMISSION EN BANC.

84 APPROVAL OF THE RERB ON APPLICATION FOR
REGISTRATION SHALL BE IMMEDIATELY EXECUTORY UNLESS
REVERSED OR SET ASIDE BY A COURT OF COMPETI! q
JURISDICTION IN A DECISION WHICH HAS BECOME FINAL AND
EXECUTORY.

8.5 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
DAY OF ELECTIONS WITH PROPER MUNICIPAL OR
METROPOLITAN TRIAL COURT. THE PETITION SHALL BE
DECIDED WITHIN FIFTEEN (15) DAYS AFTER ITS FILING ON THE
BASIS OF THE DOCUMENTS SUBMITED IN CONNECTION
THEREWITH. SHOULD THE COURT FAIL TO RENDER A
DECISION WITHIN THE PRESCRIBED PERIOD, THE RULING OF
THE RERB SHALL BE CONSIDERED AFFIRMED.

8.6 IF THE APPLICATION HAS BEEN DISAPPROVED, THE
APPLICANT OR HIS/HER AUTHORIZED REPRESENTATIVE
SHALL, WITHIN A PERIOD OF FIVE (5) DAYS FROM RECEIPT OF
THE NOTICE OF DISAPPROVAL, HAS THE RIGHT TO FILE A
MOTION FOR RECONSIDERATION BEFORE THE RERB OF THE
COMMISSION WHICH SHALL BE DECIDED WITHIN FIVE (5)
DAYS AFTER ITS FILING ON THE BASIS OF DOCUMENTS
SUBMITTED IN CONNECTION THEREWITH. THE RESOLUTION
OF THE RERB ON THE MOTION FOR RECONSIDERATION SHALL


BE IMMEDIATELY EXECUTORY UNLESS REVERSED OR SET
ASIDE BY THE COURT IN A DECISION WHICH HAS BECOME
FINAL AND EXECUTORY.

THE ADVERSE PARTY MAY FILE A PETITION FOR
INCLUSION WITHIN TEN (10) DAYS FROM RECEIPT OF THE
NOTICE DENYING THE MOTION FOR RECONSIDERATION 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 RERB SHALL BE CONSIDERED
AFFIRMED.

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. IN CASE OF
APPROVAL, THE SELECTION OFFICER CONCERNED SHALL
ANNOTATE THE NAME. OF THE VOTER IN THE CERTIFIED
VOTERS’ LIST AND HIS/HER VOTERS REGISTRATION RECORDS.

APPLICANTS WHOSE APPLICATIONS FOR REGISTRATION
AND CERTIFICATION AS OVERSEAS AS ABSENTEE VOTERS
HAVE BEEN APPROVED MUST NOTIFY THE COAV, THROUGH
ITS CHAIRPERSON IN THE EVENT OF CHANGE OF VOTING
VENUE AT LEAST ONE HUNDRED EIGHTY (180) DAYS PRIOR TO
THE NEXT NATIONAL ELECTIONS: PROVIDED, THAT THOSE
WHO WOULD EVENTUALLY VOTE IN THE PHILIPPINES SHOULD
REGISTER IN THE MUNICIPALITY WHERE THEY INTEND TO.
VOTE AND WITHIN THE TIME FRAME PROVIDED FOR LOCAL
REGISTRATION: PROVIDED FURTHER, THAT THE APPLICANT
SHALL NOTIFY THE COAV, THROUGH ITS CHAIRPERSON OF
HIS/HER TRANSFER TO THE PHILIPPINES AT LEAST ONE
HUNDRED EIGHTY (180) DAYS PRIOR TO THE NEXT NATIONAL
ELECTIONS FOR PURPOSES OF CANCELLING HIS/HER NAME IN
THE CLOAV AND REMOVAL OF HIS/HER OVERSEAS ABSENTEE
VOTER’S REGISTRATION RECORDS FROM THE BOOK OF
VOTERS.

THE COMMISSION SHALL EXERT ALL EFFORTS TO ISSUE
AN OVERSEAS ABSENTEE VOTER IDENTIFICATION CARD TO
THOSE WHOSE APPLICATIONS TO VOTE HAVE BEEN
APPROVED.”

SEC.7. Section 7 of the same Act is hereby renumbered as Section 9 and is
amended to read as follows:

“SEC.[7]9. - 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 IS AUTHORIZED TO UTILIZE AND [shall] optimize the


use of existing facilities, personnel and mechanisms of the various
government agencies for purpose 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 AND
PRIVATE AGENCIES PROVIDING SAME SERVICES shall be utilized
for purpose of supporting the overseas absentee registration and voting.
processes, subject to SYSTEMS limitation AND THOSE imposed by law.

SEC.8. Section 8 of the same Act is hereby renumbered as Sec. 10 and is amended
to read as follows:

“SEC. [8] 10 . Requirements for Registration. - Every Filipino registrant
shalll 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)] SEVEN (7) 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; AND,

D. IN CASE APPLICANT WHO WILL AVAIL OF THE PROVISION
OF REPUBLIC ACT NO. 9225, OTHERWISE KNOWN AS “
CITIZENSHIP AND REACQUISITION ACT OF 2003”, HE/SHE IS


REQUIRED TO PRESENT THE ORIGINAL OR CERTIFIED TRUE
COPY OF THE ORDER OF APPROVAL APPROVING HIS/HER
APPLICATION TO RETAIN OR REACQUIRE HIS/HER FILIPINO
CITIZENSHIP ISSUED BY THE POST OR HIS/HER
IDENTIFICATION CERTIFICATE ISSUED BY THE BUREAU OF
IMMIGRATION.

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.

ALL APPLICATIONS FOR REGISTRATION AS AN
OVERSEAS ABSENTEE VOTER SHALL BE CONSIDERED AS
APPLICATIONS TO VOTE IN ABSENTIA. AN OVERSEAS
ABSENTEE VOTER IS PRESUMED TO BE ABROAD UNLESS
HE/SHE APPLIES FOR TRANSFER OF REGISTRATION RECORD OR
HE/SHE REQUESTS THAT HIS/HER NAME BE CANCELLED FROM.
THE NROAV.”

SEC.9, Section 9 of the same Act is hereby renumbered as Section 11 and is
amended to read as follows:

“Sec.[9] 11. National Registry of Overseas Absentee Voters. - The
commission shall maintain a National Registry of Overseas Absentee
Voters (NROAV). ALL [Approved applications of] overseas absentee
registrants WHOSE APPLICATION HAD BEEN APPROVED shall also
be included in the REGULAR REGISTRY OF OVERSEAS ABSENTEE
VOTERS (ROAV) IN THE CITY OR MUNICIPALITY WHERE THE
REGISTRANT IS DOMICILED. [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. 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:

11.1. 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,

11.2. 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.]

TOWARDS THIS END, THE COMMISSION SHALL PROVIDE
EACH AND EVERY MUNICIPALITY OR CITY A REGISTRY OF
OVERSEAS ABSENTEE VOTER (ROAV) FOR THEIR REFERENCE.

THE COMMISSION SHALL DEACTIVATE THE
REGISTRATION AND REMOVE THE REGISTRATION RECORDS


OF THE FOLLOWING PERSONS FROM THE NROAV AND THE
CORRESPONDING ROAV AND PLACE THE SAME, PROPERLY
MARKED: AND DATED INDELIBLE INK, IN THE IN ACTIVE FILE
AFTER ENTERING THE CAUSE(S) OF DEACTIVATION:

A. ANY PERSON WHO HAS BEEN SENTENCED BY FINAL
JUDGMENT 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 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 AND THE SANDIGANBAYAN;

B. ANY PERSON WHO HAS BEEN ADJUDGED BY THE FINAL
JUDGMENT BY A COMPETENT COURT OR TRIBUNAL OF
HAVING CAUSED/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/HER FULL CIVIL AND POLITAL RIGHTS IN ACCORDANCE
WITH LAW: PROVIDED, THAT HE/SHE SHALL REGAIN
HIS/HER RIGHT TO VOTE AUTOMATICALLY UPON
EXPIRATION OF FIVE (5) YEARS SERVICE OF SENTENCE;

C, 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;

D. ANY PERSON WHO DID NOT VOTE IN: THE TWO (2)
SUCCESSIVE PRECEDING NATIONAL ELECTIONS AS SHOWN
BY THEIR VOTING RECORDS; AND

E. ANY PERSON WHOSE REGISTRATION HAS BEEN OREDERED
EXCLUDED BY THE COURT.

SEC.10. Section 10 of the same Act is hereby renumbered as Section 12.
SEC. 11. Sections 11 and 12 of the same Act are hereby deleted
[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
(6) 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. 12. A new Section 13 of the Act is hereby inserted to read as follows:

“SEC.13 REACTIVATION OF REGISTRATION.- ANY OVERSEAS
ABSENTEE VOTER WHOSE REGISTRATION HAS BEEN
DEACTIVATED PURSUANT TO THE PRECEDING SECTION MAY
FILE WITH THE COAV ANY TIME BUT NOT LATER THAN ONE
HUNDRED TWENTY (120) DAYS BEFORE THE NEXT NATIONAL
ELECTIONS A SWORN APPLICATION FOR REACTIVATION OF
HIS/HER REGISTRATION IN THE FORM OF AN AFFIDAVIT
STATING THE GROUNDS FOR THE DEACTIVATION NO LONGER
EXIST. THE COAV SHALL SUBMIT SAID APPLICATION TO THE
RERB FOR APPROPRIATE ACTION.”

SEC.13. A new Section 14 of the same Act is hereby inserted to read as follows:

“SEC.14. CANCELLATION OF REGISTRATION.- THE RERB SHALL
CANCEL THE REGISTRATION RECORDS OF THOSE WHO HAVE
DIED AS CERTIFIED BY EITHER THE POST OF THE LOCAL CIVIL
REGISTRAR AND THOSE WHO HAVE BEEN PROVEN TO HAVE
LOST THEIR FILIPINO CITIZENSHIP.”

SEC.14. Section 13 of the same Act is hereby renumbered as Section 15 and is
amended to read as follows:


“Sec[13] 15. Preparation and posting of Certified List of Overseas
Absentee Voters. - The Commission shall prepare the CLOAV [Certified List of
Overseas Absentee Voters] within one hundred twenty (120) days before every
election, and furnish within the same period ELECTRONIC AND HARD. copies
thereof to the appropriate POSTS [embassies, consulates and other foreign
service establishments], which shall post the same in their bulletin boards 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
citizen’s arms, AND all other interested persons [and all embassies, consulates
and foreign services establishments] shall be furnished copies thereof.”

SEC.15. Section 14 of the same Act is hereby renumbered as Section 16 and
amended to read as follows:

“SEC. [14] 16. Printing and Transmittal of Ballots, Voting Instructions,
Election Forms and Paraphernalia. -

[14.1] 16.1. The Commission shall cause the printing of ballots for overseas
absentee voters, [voting instructions] and ALL OTHER
ACCOUNTABLE 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]16.2. 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 POSTS [embassies, consulates
and other foreign service establishments concerned.]

[14.3]16.3 The Commission shall, AS FAR AS PRACTICABLE, [not later
than seventy-five (75) days before the day of elections], transmit by special
pouch to the POSTS [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] ACCOUNTABLE FORMS
necessary to ensure the [secrecy and] integrity of the election NOT
LATER THAN FORTY FIVE (45) DAYS BEFORE THE DAY OF
ELECTIONS.

[14.4]16.4. 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.16. Section 15 of the same Act is hereby renumbered as Section 17 and is
amended to read as follows:


“SEC. [15] 17. 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 AND TO THE
EXTENT ALLOWABLE BY THE LAWS OF HOST COUNTRIES.”

SEC.17. A new Section 18 of the same Act is hereby inserted to read as follows:

“SEC. 18. VOTING. - VOTING MAY BE DONE EITHER
PERSONALLY, BY MAIL, OR BY OTHER MEANS AS MAY BE
ALLOWED UNDER SECTION 52 (1) OF BATAS PAMBANSA BLG.881
AS AMENDED OR THE OMNIBUS ELECTION CODE,

THE COAV, IN CONSULTATION WITH DFA-OAVS, SHALL
DETERMINE THE COUNTRIES WHERE VOTING SHALL BE DONE
BY ANY MODE TAKING INTO CONSIDERATION THE MINIMUM
CRITERIA ENUMERATED UNDER THIS ACT WHICH SHALL
INCLUDE THE NUMBER’ OF REGISTERED VOTERS,
ACCESSIBILITY OF THE POST, EFFICIENCY OF THE HOST
COUNTRY’S APPLIED SYSTEM AND SUCH OTHER
CIRCUMSTANCES THAT MAY EFFECT THE CONDUCT OF
VOTING.

SEC.18. Section 16 of the same Act. is hereby renumbered as Section 19 and is
amended to read as follows:

“SEC. [16] 19.PERSONAL VOTING - Casting and Submission of Ballots.

[16.1] 19.1. 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] AND SUCH OTHER ACCOUNTABLE FORMS, BY THE
DESIGNATED OFFICER OF THE POST, 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 AND ON 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
POST, [embassies, consulates and other Foreign Service establishments
concerned]

[16.2] 19.2. Thé overseas absentee voter shall personally accomplish
his/her ballot at the POSTS [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] 19.3. VOTING SHALL BE FOR A MAXIMUM PERIOD OF
THIRTY (30) DAYS INCLUDING THE DAY OF ELECTIONS,
ESTABLISHED HOLIDAYS IN THE PHILIPPINES AND SUCH
OTHER HOLIDAYS IN THE HOST COUNTRIES.

The overseas absentee voter shall cast his ballot, upon presentation of the
absentee voter identification card issued by the Commission OR SUCH
OTHER DOCUMENTS ACCEPTABLE TO THE SBEI AT THE POST


SUFFICIENT TO ESTABLISH HIS/HER IDENTITY. [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]

UPON WRITTEN REQUEST FROM THE POST AND FAVORABLE
RECOMMENDATION OF THE DFA, THE COMMISSION MAY
PRESCRIBE A LESSER NUMBER OF DAYS OF VOTING WHEN ALL
REGISTERED OVERSEAS ABSENTEE VOTERS THEREAT HAVE
BEEN ALREADY CAST THEIR VOTERS.

[16.4] 19.4. All accomplished ballots received shall be placed [unopened]
inside sealed containers and kept in a secure place designated by the
Commission.

[16.5] 19.5 The POSTS [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
POSTS [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.

19.6, BEFORE START OF THE COUNTING, ALL UNUSED BALLOTS.
SHALL BE APPROPRIATELY DISPOSED OF BY THE CONCERNED
POST AFTER ACCOUNTING FOR THE SAME WITH THE FORMAL
REPORT TRANSMITTED TO THE COMMISSION OF SUCH FACT.

[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] 19.7. Only ballots cast, ON OR BEFORE THE CLOSE OF VOTING
ON THE DAY OF ELECTIONS SHALL BE COUNTED AFTER
PRESCRIBED PERIOD. [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. Ail
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] 19.8 . A Special Ballot Reception and Custody Group (SBRCG)
composed of three (3) members shall be constituted by the Commission
from among the staff of the POSTS 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 ALL OTHER ELECTION FORMS AND take custody
of the same preparatory to their transmittal to the Special Boards of
Election Inspectors.

[16.10,]19.9 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]19.10 The Commission shall CONTINUOUSLY _ study,

‘EVALUATE AND RECOMMEND THE ADOPTION OF the use of
electronic mail, internet, or other secured networks in the casting of votes
[, and submit]. IT SHALL LIKEWISE DEVELOP AND MAINTAIN THE
APPROPRIATE SOFTWARE AND HARDWARE TECHNOLOGIES
FOR SUCH PURPOSE FOR SUBMISSION OF a report thereon to the
Joint Congressional Oversight Committee.

SEC.19 Section 17 of the same Act is hereby renumbered as Section 20 and is
amended to read as follows:

“SEC [17] 20. Voting by Mail- MAILING AND SUBMISSION OF
BALLOTS.

[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.]

20.1 THE COMMISSION SHALL TAKE CUSTODY OF ALL
OUTGOING BALLOTS PREPARATORY TO THEIR MAILING TO
THE VOTERS.


THE BALLOT SHALL BE SENT BY THE COMMISSION DIRECTLY
TO THE REGISTERED VOTERS BY MAIL THROUGH THE
FACILITIES OF THE PHILIPPINE POSTAL CORPORATION
(PHILPOST).

THE PHILPOST SHALL GIVE PREFERENCE TO THE MAILED
BALLOTS OVER ALL OTHER MAIL MATTERS AND ENSURE THAT
THEIR SANCTITY IS PRESERVED.

20.2. THE POSTS ADOPTING VOTING BY MAIL SHALL
CONSTITUTE THEIR OWN SBRCGs TO RECORD, VERIFY,
RECEIVE AND TAKE CUSTODY OF ACCOMPLISHED MAILED
BALLOTS.

[17.2] 20.3. The overseas absentee voter shall send _ his/her
accomplished ballot AT ANY TIME UPON RECEIPT THEREOF, AND.
ENSURE THAT THE SAME BALLOT IS RECEIVED BY THE POST ON
OR BEFORE CLOSE OF VOTING ON THE DAY OF ELECTION:
PROVIDED,HOWEVER, THAT MAILED BALLOTS THAT BEAR THE
STAMPMARK OF THE LOCAL POSTAL SERVICE SHOWING THAT
THEY WERE MAILED BEFORE SAID CLOSE OF VOTING, SHALL BE
COUNTED. [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].20.4 Only mailed ballots received by POSTS [Philippine embassy,
consulate and other foreign service establishments] ON OR before the
close of voting on the day of elections shall be counted, EXCEPT AS
PROVIDED IN THE PRECEDING SECTION. [in accordance with
Section 18 hereof.] SUBJECT TO SAID EXCEPTION, [Alall envelopes
containing the ACCOMPLISHED 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]
SHALL BE FILED AND KEPT appropriately FOR PURPOSES OF
DOCUMENTATION, with a corresponding INVENTORY report
thereon, ACCREDITED MAJOR POLITICAL PARTIES SHALL BE
FURNISHED COPIES OF THE SAID REPORT [submitted to the
Commissian] not later than thirty (30) days from the day of elections

20.5 A COMPLETE REPORT OF THE NAMES AND ADDRESSES OF
THE VOTERS TO WHOM THESE BALLOTS WERE SENT SHALL BE
MAITAINED BY THE COMMISSION. IN ADDITION, IT SHALL
SUBMIT A FORMAL REPORT TO 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.


20.6. ALL “RETURN SENDER” MAILED BALLOTS RETURNED TO
COMMISSION SHALL NOT BE OPENED , AND SHALL BE
CANCELLED AND DISPOSED OF APPROPRIATELY, WITH A
CORRESPONDING INVENTORY REPORT THEREON DULY
FURNISHED THE MAJOR POLITICAL PARTIES NOT LATER THAN
THIRTY (30) DAYS FROM THE DAY OF ELECTIONS.

SEC.20. A new Section 21 of the same Act is hereby inserted to read as follows:

“SEC. 21. VOTING BY SEAFARERS. SEAFARERS MAY VOTE IN
ACCORDANCE WITH SECTION 17 OF THIS ACT. FOR THIS
PURPOSE, THE COMMISSION SHALL PREPARE A SEPARATE
CLOAV FOR SEAFARERS.”

SEC.21. Section 18 of the same Act is hereby renumbered as Section 22 and
amended to read as follows

“SEC,[18] 22. On- Site Counting and Canvassing -

+ [18.1] 22.1 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 andthe 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, AS FAR AS
PRACTICABLE, COINCIDE [be synchronized] with the start of counting,
in the Philippines TAKING INTO CONSIDERATION THE
RESPECTIVE TIME ZONES OF THE DIFFERENT POSTS.

[18.2] 22.2, For these purposes, the Commission shall constitute as many
Special Boards of Election Inspectors (SBEIs) as may be necessary to
conduct and supervise the counting of votes as provided in Section [18.1]
22.1 hereof. IN THE POSTS, THE SBEIs [The Special Boards of Election
Inspectors] to be constituted Therein shall be composed of a
Chair[man]PERSON and two (2) members, one (1) of whom shall be
designated as poll clerk. The ambassador or consul-general, HEAD POST,
or any career public officer posted abroad designated by the Commission,
as the case may be, shall act as the chair{man]PERSON; 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.
Alll resolutions of the [Special Board of Election Inspectors] SBEIs on
issues brought before it during the conduct of its proceedings shall be
valid only when they carry the approval of the Chair[man]PERSON.

Immediately upon the completion of the counting, the [Special Boards of
Election Inspectors] SBEIs shall transmit via facsimile and/or electronic
mail the results to the Commission in Manila and the accredited major
political parties.


[18.3]. 22.3. IN POSTS WHERE VOTING BY MAIL IS ADOPTED,
[O]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 EXCEPT AS
PROVIDED IN SECTION 20.3 Those received afterwards shall not be
counted.

[18.4] 224. A Special Board of Canvassers (SBOC) composed of THE
HIGHEST RANKING OFFICER FROM THE POST [a lawyer preferably
of the Commission] as Chair[man]PERSON, 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-
Chairfman]PERSON and member-secretary, respectively, shall be
constituted to canvass the election returns submitted to it by the [Special
Boards of Election Inspectors] SBEIs. Immediately upon the completion of
the canvass, the chairman of the [Special Board of Canvassers] 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 [Special Board of
Canvassers] 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.

‘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].225 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].22.6 «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] 22.7. 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. 22. Sec 19 of the same Act is hereby renumbered as Section 23 and is
amended to read as follows:

“SEC [19]23. 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.]

SUBJECT TO THE SPECIFIC GUIDELINES HEREIN
PROVIDED, THE COMMISSSION IS HEREBY AUTHORIZED TO
PRESCRIBED INNOVATIVE AND ADDITIONAL PROCEDURES
FOR OVERSEAS ABSENTEE REGISTRATION AND ADOPT SUCH
OTHER ADVANCED THECHNOLOGICAL SYSTEMS ASIDE FROM.
THE SYSTEM BEING USED BY THE COMMISSION IN THE LOCAL
REGISTRATION, TAKING INTO STRICT CONSIDERATION THE

. TIME ZONES OF THE COUNTRIES AND THE VARIOUS PERIODS.
AND PROCESSES HEREIN PROVIDED FOR THE PROPER
IMPLEMENTATION OF THIS ACT AND ‘THE OTHER
PECULIARITIES ATTENDANT TO THE IMPLEMENTATION OF THE
OVERSEAS ABSENTEE VOTING.

[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
inos Overseas. Non-government organizations and accredited
ino organizations or associations abroad shall be consulted.]”

SEC. 23 Section 20 of the same Act. is hereby renumbered as Section 24 and is
amended to read as follows:

“Sec. [20] 24. 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 POSTS [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.

IN ADDITION, THE COMMISSION SHALL HAVE THE
AUTHORITY TO ENTER INTO CONTRACTS WITH ENTITIES,
PUBLIC OR PRIVATE, TO ENSURE EFFECTIVE INFORMATION
DISSEMINATION.

Sucli information campaign shall educate the Filipino public,
within and outside the Philippines, on the PHILIPPINE ELECTORAL
SYSTEM, THEIR rights AS [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.

THE COMMISSION IS AUTHORIZED TO APPROPRIATE
FUNDS NOT EXCEEDING TEN PERCENT (10%) OF THE OVERSEAS
ABSENTEE VOTING BUDGET TO DEFRAY THE EXPENSES THAT
WILL BE INCURRED TO EFFECTIVITY CARRY OUT THE
OVERSEAS ABSENTEE VOTERS IN FORMATION AND
EDUCATION CAMPAIGN.

TRAINING OF THE MEMBERS OF FOREIGN SERVICES
CORPS ON OVERSEAS ABSENTEE VOTING PROCESSES, RULES
AND PROCEDURES SHALL FORM PART AND PARCEL OF THEIR
BRIEFING AND ORIENTATION PRIOR TO THEIR POSTING
ABROAD TO BE UNDERTAKEN BY THE COMMISSION, IN
COORDINATION WITH THE DFA-OAVS. THE COAV, THROUGH
ITS CHAIRPERSON, MAY ALSO AUTHORIZE THE CONDUCT OF
TRAININGS OF THE MEMBERS OF THE DEPUTIZED BODIES
CONCERNING THE PROCESSES, RULES AND PROCEDURES ON
REGISTRATION AND ELECTION BOTH HERE AND ABROAD AT
LEAST ONE HUNDRED TWENTY (120) DAYS BEFORE EACH
SCHEDULED REGISTRATION OR NATIONAL ELECTION.”

SEC. 24 Section 21 of the same Act is hereby renumbered as Section 25 .

SEC. 25 Section 22 of the same Act is hereby renumbered as Section 26 and is
amended to read as follows:

"SEC. [22] 26. 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 POSTS [embassies consulates and other foreign service
establishment concerned.]

LIKEWISE, CONSULAR AND DIPLOMATIC SERVICES
RENDERED IN CONNECTION WITH THE OVERSEAS ABSENTEE
VOTING PROCESSES SHALL BE MADE AVAILABLE AT NO COSTS.
‘TO THE OVERSEAS ABSENTEE VOTER.”

SEC.26. Section 23 of the same Act. is hereby renumbered as Section 27 and
Section 24 of the same Act is hereby amended and renumbered as Section 28 as
follows:

“SEC. [24] 28. Prohibited Acts. - In addition to the prohibited acts
provided by law, it shall be unlawful:

[24.1]. 28.1 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] 28.2 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]. 28.3 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.] 28.4 For any person to steal, destroy, conceal, mutilate or alter any
record, document or paper as required for purposes of this Act;

[24.5,] 28.5 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]. 28.6 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]. 28.7 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]. 28.8 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] 28.9 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 28.3 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)] SEVEN (7) 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. 27 Section 25 of the same Act. is hereby renumbered as Section 29 and is
amended to read as follows:

“SEC. [25] 29. Joint Congressional Oversight Committee. - A Joint
Congressional Oversight Committee is hereby created, composed of the
Chairfman]PERSON ofthe Senate Committee on Constitutional
Amendments, Revision of Codes and Laws, and seven (7) other Senators
designated by the Senate President, and the Chairfman]PERSON 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. 28 Section 26, 27, 28, 29, 30, 31, and 32 of the same Act. is hereby
renumbered as Section 30, 31, 32, 33, 34, 35 and 36 respectively.

SEC. 29. Separability Clause. - If any part or provision of this Act shall be
declared unconstitutional or invalid, other provisions hereof which are not
affected thereby shall continue to be in full force and effect.

SEC. 30. Repealing Clause. - All laws, presidential decrees, executive orders,
rules and regulations, other issuances, and parts thereof, which are inconsistent
with the provisions of this Act, are hereby repealed or modified accordingly.

SEC. 31. Effectivity. - This Act shall take effect fifteen (15) days following its
publication in three (3) newspapers of general circulation

Approved,