Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15™ CONGRESS
First Regular Session

3023

HOUSE BILL NO.

Introduced by REP. SALVADOR H. ESCUDERO III

EXPLANATORY NOTE

‘The Overseas Absentee Voting Act of 2003, officially known as Republic Act No.
9189 provides for a system where citizens of the Philippines currently residing or working
overseas can exercise their constitutional right to suffrage.

In the May 2010 National Elections. only about 153.300 Filipinos cast their votes via
OAV, which is a small fraction of the estimated 10 million overseas Filipinos.

Some of the factors behind the low tumout include the distance of OAVs from voting
posts and the requirement to execute an Affidavit of Intent to Retum which states that one
will return to the Philippines to take up permanent residence not later than three years after
the approval of registration as an OAV.

This bill seeks to amend Republic Act No. 9189 by removing the requirement for
‘execution of an Affidavit of Intent to Return, creating a Resident Election Ri
and allowing the conduct of field or mobile registration in posts outside Philippine embassies,
‘among others.

With the foregoing proposals, it is expected that OAVs will have greater participation
in the next elections, hence, the passage of this measure is earnestly sought.

gee. 7
SALVADOR H. ESCUDERO IIT

Representative
1" District, Sorsogon



Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

15™ CONGRESS
First Regular Session

HOUSE BILL NO. 3023

Introduced by REP. SALVADOR H. ESCUDERO III

“AN ACT
AMENDING REPUBLIC ACT NO. 9189 OTHERWISE KNOWN AS.
“THE OVERSEAS ABSENTEE VOTING ACT OF 2003”

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
Section|. Section 3 of Republic Act No. 9189, otherwise known as “The Overseas
Absentee Voting Act of 2003” is hereby amended to read as follows:
“See. 3. Definition of Terms. - For purposes of this Act:
[c] A. “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

{Comment (TMA): Added - guess
OVERSEAS Absentee Voting of the Commission, on a country-by- |_| tisrelerstoCOAV.

country AND POST BY POST basis. The list shall be approved by the
Commission in an en banc resolution;

. “Commission” refers to the Commission on Elections;

©. “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;


d. “Day of Election” refers to the actual date of elections in the Philippines;

F

. “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);

ELD REGISTRATION” REFERS TO THE CONDUCT OF
REGISTRATION OF OVERSEAS ABSENTEE VOTERS AT
PRE-DETERMINED LOCATIONS, EITHER IN THE
PHILIPPINES, AS MAY BE DETERMINED BY THE
COMMISSION, OR OUTSIDE THE POSTS, UPON THE
FAVORABLE RECOMMENDATION OF THE DFA-OAVS,
BOTH BEING OF LIMITED DURATION AND BASED ON THE
GUIDELINES PRESCRIBED BY THE COMMISSION FOR
THAT EXCLUSIVE PURPOSE;

“MOBILE REGISTRATION” REFERS TO THE CONDUCT OF
REGISTRATION OF OVERSEAS ABSENTEE 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;

“MUNICIPALITY/CITY/DISTRICT REGISTRY OF OVERSEAS
ABSENTEE VOTERS (ROAV)”. REFERS TO THE

CONSOLIDATED LIST PREPARED, APPROVED AND

(omment 2: la


MAINTAINED BY THE COMMISSION FOR EVERY
MUNICIPALITY/CITY/DISTRICT, oF OVERSEAS
ABSENTEE VOTERS WHOSE APPLICATIONS FOR

REGISTRATION AS SUCH, INCLUDING THOSE.

REGISTERED VOTERS UNDER REPUBLI

ACT NO: 8189
WHO APPLIED FOR CERTIFICATION AS OVERSEAS
ABSENTEE VOTERS, HAVE BEEN APPROVED BY THE
‘Comment (763: is this right
ELECTION REGISTRATION BOARD AND/OR RESIDENT TAND/OR! keteedof77°t
ELECTION REGISTRATION BOARD;
[eN.“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. UNDER

REPUBLIC ACT NO. 9189 who have applied to be certified as

absentee voters, have been approved by the RESIDENT Election
Registration Board, INDICATING THE POST WHERE THE
OVERSEAS ABSENTEE VOTER IS REGISTERED;

[f] J. “Overseas Absentee Voter” refers to a citizen of the Philippines who is

qualified to register and vote under this Act, not otherwise disqualified by
Jaw, who is abroad on the day of elections;
la] KOVERSEAS Absentee Voting” refers to the process by which
qualified citizens of the Philippines abroad exercise their right to vote;
L. “POSTS” REFERS TO THE PHILIPPINE EMBASSIES,
CONSULATES, FOREIGN SERVICE ESTABLISHMENTS AND
OTHER PHILIPPINE GOVERNMENT AGENCIES

MAINTAINING OFFICES ABROAD AND HAVING


). “SPECIAL BALLOT RECEPTION AND CUS

JURISDICTION OVER THE PLACES WHERE THE OVERSEAS
ABSENTEE VOTERS RESIDE;

“RESIDENT ELECTION REGISTRATION BOARD (RERB)”

REFERS TO THE IN-HOUSE ELECTION REGISTRATION
BOARD OF THE COAV COMPOSED OF THREE (3) RANKING

OFFICIALS FROM THE COMM!

ION, WITH A
REPRESENTATIVE EACH FROM THE DEPARTMENT OF
FOREIGN AFFAIRS (DFA) AND THE DEPARTMENT OF
LABOR AND EMPLOYMENT (DOLE), THE MAIN FUNCTIONS
OF WHICH ARE TO PROCESS, APPROVE OR DISAPPROVE
ALL APPLICATIONS FOR REGISTRATION AND/OR
CERTIFICATION AS OVERSEAS ABSENTEE VOTERS,
INCLUDING DEACTIVATION, REACTIVATION AND
CANCELLATION OF REGISTRATION RECORDS;

“SEAFARERS” REFER TO SHIP OFFICERS AND RATINGS
MANNING SHIPS, INCLUDING OFFSHORE WORKERS,
SERVICE PROVIDERS AND FISHERMEN, AS DEFINED IN

THE REVISED RULES ON THE ISSUANCE OF ‘SEAFARER’

IDENTIFICATION AND RECORD BOOK’ OF THE MARITIME

INDUSTRY AUTHORITY;

TODY 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 COAV FOR
TRANSMITTAL TO THE ‘SPECIAL BOARDS OF ELECTION

INSPECTORS’ AND ‘SPECIAL BOARDS OF CANVASSERS’;


P. “SPECIAL BOARD OF CANVASSERS (SBOC)” REFERS TO THE
BODY DEPUTIZED BY THE COMMISSION TO CANVASS THE
OVERSEAS ABSENTEE VOTING ELECTION RETURNS
SUBMITTED TO IT BY THE SPECIAL BOARD OF ELECTION
INSPECTORS;

Q. “SPECIAL BOARD OF ELECTION INSPECTORS (SBEN)”
REFERS TO THE BODY DEPUTIZED BY THE COMMISSION
‘TO CONDUCT THE VOTING AND COUNTING OF VOTES;

R. “SYSTEM OF CONTINUING REGISTRATION” REFERS TO THE
ACT OF ACCOMPLISHING AND FILING OF A SWORN
APPLICATION FOR REGISTRATION AND/OR,
CERTIFICATION BY A QUALIFIED OVERSEAS ABSENTEE
VOTER BEFORE THE PERSOD

NEL DEPUTIZED BY THE
COMMISSION WITHIN ONE (1) YEAR BEFORE THE START
OF THE VOTING PERIOD AND OF INCLUDING THE

THE NROAV UPON APPROVAL BY THE RERB;
“VOTING PERIOD” REFERS TO A CONTINUOUS THIRTY (30)

DAY PERIOD, THE LAS’

DAY OF WHICH IS THE DAY OF
ELECTION, INCLUSIVE OF ESTABLISHED HOLIDAYS IN
THE PHILIPPINES AND OF SUCH OTHER HOLIDAYS IN THE,
HOST COUNTRIES.”

Sec.

ion 4 of the same Act is hereby amended 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 P[plresident, V[vJice-P[p]resident, senators and party-
list representatives, AS WELL AS IN ALL NATIONAL REFERENDA

AND PLEBISCITES.”


Sec. 3. Section 5 of the same Act is hereby amended as follows:

“See. 5. Disqualifications. - The following shall be disqualified from

voting under this Act:

“)

“yy

“e)

Those who have lost their Filipino citizenship in accordance with
Philippine laws;

‘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.
9228, OTHERWISE KNOWN AS THE “CITIZENSHIP
RETENTION AND REACQUISITION ACT OF 2003";

‘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, fincluding 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 THE expiration of five (5) years after
service of sentence, AND; [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]

[*d) 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 retum
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.

lel D. “Any citizen of the Philippines abroad previously declared

insane or incompetent by competent authority in the Phi

abroad, as verified by the Philippine embassies, consulates or foreign
service establishments concemed, unless such competent authority
subsequently certifies that such person is no longer insane or
incompetent.”

Sec.4, Section 6 of the same Act is hereby amended to read as follows:

“Sec. 6. Personal Overseas Absentee Registration AND/OR
CERTIFICATION. Registration AND/OR CERTIFICATION as an
‘overseas absentee 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.

“ {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 cot

ration
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.

“s{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 Elect

Officer, if any. The applicant shall have the right to file his counter-affidavit
by registered mail, clearly stating therein facts and defenses swom 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 Centificate 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|”
“FIELD AND MOBILE REGISTRATION CENTERS SHALL
BE SET UP BY THE POSTS CONCERNED TO ENSURE
ACCESSIBILITY BY THE OVERSEAS ABSENTEE VOTERS.
“ALL APPLICANTS SHALL SUBMIT THEMSELVES FOR
2 LIVE CAPTURE OF THEIR BIOMETRICS.
“REMOTE: REGISTRATION THROUGH THE INTERNET
MAY ALSO BE ALLOWED BASED ON THE GUIDELINES AND
PROCEDURES DETERMINED BY THE COMMISSION, PROVIDED
THAT THE APPROPRIATE TECHNOLOGY WILL ENSURE
ADEQUATE SECURITY AND VOTER AUTHENTICITY.”
Sec. 5. A new Section 7 is hereby inserted to read as follows:
“SEC. 7. RESIDENT ELECTION REGISTRATION BOARD
(RERB); COMPOSITION, POWERS AND EFFECT. ~ THE
COMMISSION SHALL APPOINT AS MANY RESIDENT ELECTION
REGISTRATION BOARDS (RERBs) AS THERE ARE
APPLICATIONS TO PROCESS AND FOR SUCH DURATION AS
{Comment [TMB]: 0/5 Excudero i

MAY BE NECESSARY. soiinghow many applica


“THE RERB SHALL BE COMPOSED OF THREE RANKING
OFFICIALS FROM THE COMMISSION, THE HIGHEST RANKING
OF WHOM SHALL SERVE AS CHAIRPERSON, WITH A
REPRESENTATIVE EACH FROM THE DEPARTMENT OF

FOREIGN AFFAIRS (DFA) AND THE DEPARTME!

OF LABOR
AND EMPLOYMENT (DOLE) AS MEMBERS.”

“7.1. THE RERB SHALL PROCESS, APPROVE OR
DISAPPROVE ALL APPLICATIONS FOR REGISTRATION AND/OR

CERTIFICATION AS OVERS

S ABSENTEE VOTERS, INCLUDING
DEACTIVATION, REACTIVATION AND CANCELLATION OF
REGISTRATION RECORDS.

“7.2 THE RERB SHALL HAVE THE SOLE POWER AND
AUTHORITY TO APPROVE OR DISAPPROVE THE APPLICATION
FOR REGISTRATION AND/OR CERTIFICATION.”

Sec. 6. A new Section & is hereby inserted to read as follows:

“SEC. 8, DUTIES AND FUNCTIONS OF THE RERB. —

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

“THE RERB SHALL NOTIFY ALL POLITICAL PARTIES
AND OTHER PARTI

'S CONCERNED OF THE PENDING

APPLICATIONS FOR REGISTRATION AND/OR CERTIFICATION

ROUGH A WEEKLY UPDATED PUBLICATION IN| THE

WEBSITES OF THE COMMIS

SION, THE DFA-OAYS, THE DOLE


AND OF ACCREDITED FILIPINO CIVIL SOCIETY
ORGANIZATIONS AND TO POST THE NAMES IN CONSPICUOUS.
PLACES NEAR THE PLACE WHERE RERB WILL HOLD ITS.
HEARINGS.

“8.2. ANY PARTY MAY FILE AN OBJECTION TO THE
APPLICATION WITHIN SEVEN (7) DAYS AFTER THE
PUBLICATION OR POSTING OF THE NAMES OF THE

APPLICANTS. IN CASE OF DISA)

PROVAL OF THE APPLICATION
FOR REGISTRATION AND/OR CERTIFICATION, THE RERB
SHALL NOTIFY THE APPLICANT, OR HER/HIS AUTHORIZED

REPRESENTATIVE IN THE PHILIPPI

WITHIN FIVE (5) DAYS

FROM THE DATE OF DISAPPROVAL, STATIN

THE REASONS

THEREFOR.

.3. THE RERB SHALL INCLUDE. THE NAMES OF THE

APPLICANTS WITH APPROVED APPLICATIONS IN THE

NATIONAL REGISTRY OF OVI

AS ABSENTEE VO!

ERS

(NROAV) AND IN THE CERTIFIED LIST OF OVERSEAS

ABSENTEE VOTERS (CLOAY) IN THE POSTS WHERE THEY

INTEND TO VOTE, SUBJECT TO THE APPROVAL OF THE
COMMISSION EN BANC. THE NAMES OF APPLICANTS WITH
APPROVED APPLICATIONS SHALL BE PUBLISHED IN THE
WEBSITES OF THE COMMISSION, THE DFA, THE DOLE AND THE,
ACCREDITED FILIPINO CIVIL SOCIETY ORGANIZATIONS.

“8.4. APPROVAL OF THE RERB ON APPLICATIONS FOR
REGISTRATION OR CERTIFICATION SHALL BE IMMEDIATELY

EXECUTORY, UNLESS REVERSED OR SET ASIDE BY FINAL AND


EXECUTORY JUDGMENT BY A COURT OF COMPETENT
JURISDICTION.

“8.5. THE,

RB SHALL PERFORM SUCH OTHER DUTIES
AS MAY BE CONSISTENT WITH ITS FUNCTIONS, AS PROVIDED
IN THIS ACT.”

Sec. 7. A new Section 9 is hereby inserted to read as follows:
“SEC.9. PETITON FOR INCLUSION/ EXCLUSION -

“9.1. PETITION FOR EXCLUSION. - \F 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
THE PROPER MUNICIPAL / METROPOLITAN TRIAL COURT,
EITHER WHERE THE RERB SITS, OR WHERE THE OVERSEAS

ABSENTEE VOTER RE}

ES, AT THE OPTION OF THE
PETITIONER.

“THE PETITION SH.

BE DECIDED ON THE BASIS OF

THE DI

CUMENTS SUBMITTED WITHIN: FI

EN (15) DAYS

ER THAN ONE HUNDRED

G, BUT NOT LAT
TWENTY (120) DAYS BEFORE THE START OF THE 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. PETITION FOR INCLUSION. - IF THE APPLICATION
HAS BEEN DISAPPROVED, THE APPLICANT OR HER/HIS
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 (3) DAYS AFTER ITS FILING ON THE BASIS OF
DOCUMENTS SUBMITTED. THE RESOLUTION OF THE RERB
SHALL BE IMMEDIATELY EXECUTORY, UNLESS REVERSED OR
SET ASIDE BY THE COURT.

“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, FITHER

WHERE THE RERB SITS, OR WHERE THE OVERSEAS ABSENTEE
VOTER RESIDES, AT THE OPTION OF THE PETITIONER.
“THE PETITION SHALL BE DECIDED ON THE BASIS OF

THE DOCUMENTS SUBMITTED

ITHIN FIFTEEN (15) DAYS.
FROM FILING, BUT NOT LATER THAN ONE HUNDRED TWENTY

(120) DAYS BEFORE START OF THE 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 SHALL APPLY FOR CERTIFICATION AS
ABSENTEE VOTERS AND FOR INCLUSION IN THE NROAV. IN
CASE OF APPROVAL, THE ELECTION OFFICER CONCERNED
SHALL ANNOTATE THE NAME OF THE VOTER IN THE
CERTIFIED VOTERS LIST AND IN  HER/HIS VOTER’S
REGISTRATION RECORDS.”

See. 8. A new Section 10 is hereby inserted to read as follows:


“SEC.10. TRANSFER OF REGISTRATION RECORD. ~ IN THE
EVENT OF CHANGE OF VOTING VENUE, AN OVERSEAS
ABSENTEE VOTER MUST FILE AN APPLICATION FOR
‘TRANSFER OF HER/HIS REGISTRATION RECORD TO THE COAV,
THROUGH ITS CHAIRMAN, AT LEAST ONE HUNDRED EIGHTY
(180) DAYS PRIOR TO THE NEXT NATIONAL ELECTIONS;

PROVIDED, THAT THOSE WHO WOULD EVENTUALLY VOTE IN

HE PHILIPPI

Ss

SHOULD REGISTER WITHIN THE TIME
FRAME PROVIDED FOR LOCAL REGISTRATION IN THE
MUNICIPALITY, CITY OR DISTRICT WHERE THEY INTEND TO
VOTE AND; 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 THE
APPLICANTS SHALL NOTIFY THE COAV, THROUGH ITS
CHAIRMAN, OF THEIR TRANSFER IN THE PHILIPPINES AT
LEAST ONE HUNDRED EIGHTY (180) DAYS PRIOR TO THE NEXT
NATIONAL ELECTIONS FOR PURPOSES OF CANCELLING THEIR
NAMES IN THE CLOAV AND OF REMOVING THEIR OVERSEAS
ABSENTEE VOTER’S REGISTRATION RECORDS FROM THE
BOOK OF VOTERS”.

Sec. 9. Section 7 of the same Act is hereby renumbered as Section 11 and is
amended to read as follows.
“SEC. [7]11. — System of Continuing Registration. ~The Commission

shall ensure that the benefits of the system of continuing registration are

extended to qualified overseas absentee voters. REGISTRATION SHALL

BE CONDUCTED AT LEAST ONE (1) YEAR BEFORE THE START


OF THE VOTING PERIOD. Towards this end, the Commission IS [shall]
AUTHORIZED TO UTILIZE AND optimize the use of existing facilities,
personnel and mechanisms of the various govemiment agencies for purposes of
data gathering AND [data] validation, information dissemination and

fi

jon of the registration process.

“THE INFORMATION AND DATA ACQUIRED THROUGH
THIS PROCESS SHALL BE TREATED AS CONFIDENTIAL AND
SHALL BE USED SOLELY FOR AND IN CONNECTION WITH THE
LAWFUL AND OFFICIAL FUNCTIONS OF THE COMMISSION,
AND FOR THE PURPOSES INTENDED BY THIS ACT.

“Pre-departure ORIENTATION programs (PDOS), services and

mecha

sms 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 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 absentee registration and
voting processes, subject to SYSTEMS limitations AND THOSE imposed by
law.

“ALL EMPLOYMENT CONTRACTS PROCESSED AND
APPROVED BY THE PHILIPPINE OVERSEAS EMPLOYMENT
ADMINISTRATION SHALL CONTAIN THE RIGHT OF THE
MIGRANT WORKERS TO EXERCISE THEIR CONSTITUTIONAL
RIGHT OF SUFFRAGE WITHIN THE LIMITS PROVIDED FOR BY

THIS ACT.”


Sec. 10. Section 8 of the same Act is hereby renumbered as Sec. 12 and is amended

to read as follows:

“See. [8] 12. Requirements for Registration. - Every Filipino

registrant shall be required to furnish the following documents:

a)

“b)

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 HAS found
them sufficient to warrant the issuance of @ passport, or that the
applicant is a holder of a valid passport but is unable to produce the

same for a valid reason;

ied registration form prescribed by the Commission, AND;

[containing the following mandatory informati

I*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 apy

i's mailing address

outside the Philippines where the ballot for absentee voters will be

sent, in proper cases; and;

Isiv.Name and address of applicant's authorized representative in the

Philippines for purposes of Section 6.7 and Section 12 hereof.

Ic. In the case of immigrants and permanent residents not otherwise
disqualified to vote under this Act, an affidavit declaring the initention
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;

“C). APPLICANTS WHO AVAILED THEMSELVES OF THE
CITIZENSHIP RETENTION AND REACQUISITION ACT (R.A.

NO. 9225) SHALL PRESENT THE ORIGINAL OR CERTIFIED
TRUE COPY OF THE ORDER OF APPROVAL APPROVING
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. No information other than those necessary to
establish the identity and qualification ofthe applicant shall be required

“ALL APPLICATIONS FOR REGISTRATION AND/OR
CERTIFICATION AS AN OVERSEAS ABSENTEE VOTER SHALL
BE CONSIDERED AS APPLICATIONS TO VOTE IN ABSENTIA. AN
OVERSEAS ABSENTEE 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 NROAV.”

See. 11, Section 9 of the same Act is hereby renumbered as Section 13 and is
amended to read as follows:

“Sec. [9]13. National Registry of Overseas Absentee Voters
(NROAV), ~ The Commission shall maintain a National Registry of
Overseas Absentee Voters (NROAV) CONTAINING THE NAMES OF
REGISTERED OVERSEAS ABSENTEE VOTERS AND THE POSTS


WHERE THEY ARE REGISTERED. [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 annot

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’

shall be permanent, and cannot
bbe 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.|

“LIKEWISE, THE ‘COMMISSION SHALL MAINTAIN A
REGISTRY OF OVERSEAS ABSENTEE VOTERS (ROAV) PER
MUNICIPALITY, CITY OR DISTRICT CONTAINING THE NAMES
OF REGISTERED OVERSEAS ABSENTEE VOTERS DOMICILED
THEREIN. TOWARDS THIS END, THE COAV SHALL PROVIDE
EACH AND EVERY MUNICIPALITY, CITY OR DISTRICT WITH A

ROAV FOR THEIR REFERENCE.”

Sec. 12. A new Section 14 is hereby inserted to read as follows:

“Comment (TM6} y


“SEC.14. DEACTIVATION OF REGISTRATIO.

“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 THE CAUSE(S) OF DEACTIVATION. THE FACT.
OF DEACTIVATION SHALL BE ANNOTATED IN THE NROAV AND.
‘THE CORRESPONDING ROAY: ,

“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 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 AND 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 THEIR

VOTING RECORDS, AND;


“D). ANY PERSON WHOSE REGISTRATION HAS BEEN
ORDERED EXCLUDED BY THE COURTS.”

Sec. 13. Section 10 of the same Act is hereby renumbered as Section 15.

See 14, 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

pines. 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, « swom 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 hishher 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.

“[See. 12. Verification and Approval of Application 10 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 i

mediately 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. 15. A new Section 16 of the same Act is hereby inserted to read as follows:
“SEC. 16. REACTIVATION OF REGISTRATION. - ANY
OVERSEAS ABSENTEE VOTER WHOSE REGISTRATION HAS
BEEN DEACTIVATED PURSUANT TO THE PRECEDING SECTION
MAY FILE WITH THE COAV AT ANY TIME, BUT NOT LATER
THAN ONE HUNDRED TWENTY (120) DAYS BEFORE THE NEXT
NATIONAL ELECTIONS, A SWORN APPLICATION FOR
REACTIVATION OF HER/HIS REGISTRATION IN THE FORM OF
AN AFFIDAVIT STATING THAT THE GROUNDS FOR THE.
DEACTIVATION NO LONGER EXIST.
“THE COAV SHALL SUBMIT SAID APPLICATION TO THE
RERB FOR APPROPRIATE ACTION.”

"See. 16. A new Section 17 of the same Act is hereby inserted to read as follows

“SEC.I7. 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. 17. A new Section 18 of the same Act is hereby inserted to read as follows:


“SEC. 18. VOTERS

EXCLUDED FROM THE NROAV THROUGH
INADVERTENCE. ~ ANY REGISTERED OVERSEAS ABSENTEE
VOTER WHOSE NAME HAS BEEN INADVERTENTLY OMITTED
FROM THE NROAV MAY, PERSONALLY OR THROUGH HIS
AUTHORIZED REPRESENTATIVE, FILE WITH THE COAV OR
WITH THE POST HAVING JURISDICTION OVER HER/HIS
RESIDENCE, AN APPLICATION UNDER OATH FOR
REINSTATEMENT NOT LATER THAN ONE HUNDRED TWENTY
(120) DAYS BEFORE THE START OF THE VOTING PERIOD.

See. 18. A new Section 19 of the same Act is hereby inserted to read as follows:
“SEC. 19. APPLICATION FOR CORRECTION OF ENTRIES
AND CHANGE OF NAME, - ANY REGISTERED ABSENTEE VOTER
MAY FILE WITH THE COAV, OR WITH THE POST HAVING
JURISDICTION OVER HER/HIS RESIDENCE, NOT LATER THAN
ONE HUNDRED TWENTY (120) DAYS BEFORE THE START OF
THE VOTING PERIOD, AN APPLICATION UNDER OATH FOR THE
CORRECTION OF MISSPELLED NAME OR OTHER ENTRIES;
CHANGE OF NAME BY REASON OF MARRIAGE, DEATH OF
HUSBAND, OR BY VIRTUE OF A COURT ORDER; AND/OR
CHANGE OR CORRECTION OF ANY ENTRY IN THE NROAV,
CLOAV AND THE VOTER'S IDS.”
Sec. 19. Section 13 of the same Act is hereby renumbered as Section 20 and is
amended to read as follows:
‘See.|13] 20 . Preparation and Posting of Certified List of Overseas
Absentee Voters. - The Commission shall prepare the CLOAV [Certified List
of Overseas} within one hundred twenty (120) days before every NATIONAL

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 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 [and all embassies,
consulates and other foreign service establishments] shall be furnished copies
thereof; PROVIDED, THAT NGO AND OTHER CIVIL SOCIETY
ORGANIZATIONS ACCREDITED BY AND WORKING WITH THE
COMMISSION AS PARTNERS ON OVERSEAS VOTERS’
EDUCATION AND PARTICIPATION SHALL BE EXEMPT FROM

E ‘THE PAYMENT OF FEES.”
See. 20, Section 14 of the same Act is hereby renumbered as Section 21 and is
amended to read as follows:

“Sec: [14] 21. Printing and Transminal of Ballots, Voting
Instructions, Election Forms and Paraphernalia. -

“[14.1] 21.1. 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] THEY exceed the total number of approved applications.
Security markings shall be used in the printing of ballots for overseas absentee
voters.

“(14.2]21.2. The Commission shall present to the authorized
representatives of the Department of Foreign Affairs and OF 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]21.3. The Commission shall TRANSMIT, AS FAR AS.
PRACTICABLE BUT not later than FORTY |seventy]-five [75] (45) 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 applicat

along with such materials and election paraphernalia]

ACCOUNTABLE FORMS necessary to ensure the integrity of the election.”

“{14.4)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 ballots abroad. [Unclaimed ballots properly marked
as such, shall be cancelled and shipped to the Commission by the least costly
method.|”

“Sec. 21. Section 15 of the same Act is hereby renumbered as Section 22 and
is amended to read as follows:

“Sec. [15] 22. Regulation on Campaigning Abroad. - PERSONAL

as well as the limits on

CAMPAIGNING, [TIthe use of campaign mat
+ campaign spending shall be governed by the laws and regulations applicable in
the Philippines AND TO THE EXTENT ALLOWED BY THE LAWS OF

HOST COUNTRIES; PROVIDED, THAT, ALL FORMS OF

CAMPAIGNING ABROAD WITHIN THE 30-DAY OVERSEAS
ABSENTEE VOTING PERIOD SHALL BE PROHIBITED.”
Sec. 22. A new Section 23 of the same Act is hereby inserted to read as follows:
“SEC. 23. VOTING. - VOTING MAY BE DONE EITHER
PERSONALLY, BY MAIL, OR BY ANY OTHER MEANS AS MAY BE

ALLOWED UNDER OTHER EXISTING LAWS. FOR THIS


PURPOSE, THE COMMISSION SHALL ISSUE THE NECESSARY
GUIDELINES ON THE MANNER AND PROCEDURES OF VOTING.
, “THE COAY, IN CONSULTATION WITH DFA-OAVS, 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 BI

FORE THE START OF THE.
VOTING PERIOD.
“THE COMMISSION SHALL ISSUE AN OVERSEAS

ABSENTEE VOTER IDENTIFICATION CARD TO THOSE WHOSE sss
‘Comment [TH7}: Then fom

" > | Secon 12 at pron Werieston are
APPLICATIONS TO VOTE HAVE BEEN APPROVED’ [geet ea criccon te vant
SEC. 23. Section 16 of the same Act is hereby renumbered as Section 24 and is (eee

amended to read as follows:
“Sec. [16] 24. PERSONAL VOTING. - Casting and Submission of Ballots.

[16.1] 24.1 Upon receipt [by the designated officer of the embassy,

consulate and other foreign service establishments] of the ballots AND

OTHER ACCOUNTABLE FORMS, VOTING MACHINES AND

OTHER HARDWARE AND SOFTWARE for overseas absentee voters

+ [woting instructions, election forms and other paraphernalia] THE SBRCG

[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.)
DURING THE THIRTY-DAY (30) VOTING PERIOD.

“THE COMMISSION SHALL CONSTITUTE AS MANY
SPECIAL BALLOT RECEPTION GROUPS (SBRCGs) AS MAY BE
NECESSARY TO RECEIVE AND TAKE CUSTODY OF ALL
ACCOUNTABLE AND OTHER ELECTION FORMS, SUPPLIES AND
PARAPHERNALIA FROM THE COAV FOR TRANSMITTAL TO
THE SPECIAL BOARDS OF ELECTION INSPECTORS (SBEIS) AND
TO THE SPECIAL BOARD OF CANVASSERS. FACH SBRCG
SHALL BE COMPOSED OF THREE (3) MEMBERS FROM AMONG
THE STAFF OF THE POSTS CONCERNED, INCLUDING THEIR

ATTACHED AGEN AND FILIPINO CITIZENS ABROAD.

“THE COMMIS

ION SHALL, LIKEWISE, CONSTITUTE AS.

MANY SPECIAL BOARDS OF ELE

ION I

SPECTORS (SBEIs) AS
MAY BE NECESSARY TO CONDUCT AND SUPERVISE THE
VOTING AND COUNTING OF VOTES.

“EACH SBEI SHALL BE COMPOSED OF A CHAIRMAN,
DESIGNATED AS SUCH BY THE COMMISSION FROM AMONG
CAREER PUBLIC OFFICERS POSTED ABROAD, AND TWO (2)
GOVERNMENT OFFICERS AS MEMBERS, ONE OF WHOM SHALL

BE DESIGNATED AS POLL CLERK. IN THE ABSENCE OF SUCH

OTHER GOVERNMENT OFFICERS, THE TWO MEMBERS SHALL

BE FILIPINO CITIZENS QUALIFIED TO REGISTER OR VOTE.


UNDER THIS ACT AND SHALL BE DEPUTIZED BY THE
COMMISSION NOT LATER THAN SIXTY (60) DAYS BEFORE THE.
START OF THE VOTING PERIOD.

“ALL SBEI RESOLUTIONS SHALL BE VALID ONLY WHEN
APPROVED BY A MAJORITY OF THE MEMBERS OF THE
BOARD.”

“24.2. VOTING SHALL BE DONE AT THE POSTS, OR
WHEREVER FIELD REGISTRATIONS WERE CONDUCTED, OR AT
ANY OTHER POLLING PLACE DESIGNATED/ACCREDITED AS
SUCH BY THE COMMISSION.

[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]. 24.3. The overseas absentee voter shall cast HER/HIS
{his/her} ballot, upon presentation of the absentee voter identification card
issued by the Commission OR SUCH OTHER DOCUMENTS

ACCEPTABLE TO THE SBE! AT THE POST AS SUFFICIENT TO

ESTABLISH HER/HIS IDENTITY [within

y (30) days before the day
of elections. [n 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}

“IMMEDIATELY UPON RECEIVING HER/HIS BALLOT,
THE OVERSEAS ABSENTEE VOTER MUST FILL IT OUT
PERSONALLY, IN SECRET AND WITHOUT LEAVING THE
PREMISES OF THE POST OR OF ANY OTHER

DESIGNATED/ACCREDITED POLLING PLACE.


[16.4] 24.4. All accomplished ballots received shall be placed IN
sealed containers and kept in a secure place designated by the Commission.

[16.5] 24.5. The SBRCG [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 SBRCG [embassies,
consulates and other foreign service establishments} shall submit a formal
report to the Commission and TO the Joint Congressional Oversight

Committee created under this Act wi

in thirty (30) days from the day of
clections. 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 BEFORE THE START OF THE COUNTING, ALL
UNUSED BALLOTS SHALL BE ACCOUNTED FOR AND DISPOSED.
OF APPROPRIATELY BY THE CONCERNED POSTS, WITH THE
CORRESPONDING FORMAL REPORT OF SUCH FACTS.
TRANSMITTED TO THE COMMISSION.

“[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 retumed to the embassies, consulates and ther

foreign service establishments concemed, in the case of voting by mail, shall be

{Comment [TM9}: fransposed from

63 0Hglaw223- BROUGHT
BACK TO THE ORIGINAL PLACE.


cancelled and shipped to the Commission by the least costly method within six
(6) months from the day of elections.|

[16.8] 24.7. 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] AT OR
BEFORE THE CLOSE OF VOTING ON THE DAY OF ELECTIONS
SHALL BE COUNTED.”

%[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

concemed, including their attached agencies, and citizens of the Phi

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] 24.8. During THE VOTING, [this phase of the election
process] the authorized representatives of the political parties, candidates, and
accredited citizens’ arms of the Commission shal] be notified THEREOF in
writing [thereof] and shall have the right to witness the proceedings.
“16.11. The Commission shall study the use of electronic mail,
Intemet, of other secured networks in the casting of votes, and submit a report
thereon to the Joint Congressional Oversight Committee.|”
Sec. 24. Section 17 of the same Act is hereby renumbered as Section 25 and is

amended to read as follows:


"Sec. [17] 25. 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 concemed 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. |

“25.1. THE COMMISSION SHALL TAKE CUSTODY OF ALL

OUTGOING BALLOTS PREPARATORY TO THEIR MAILING TO.
THE VOTERS OR TO THE POSTS.

“THE COMMISSION SHALL MAIL THE BALLOTS
DIRECTLY TO THE REGISTERED VOTERS OR TO THE POSTS
THROUGH THE FACILITIES OF THE PHILIPPINE POSTAL
CORPORATION (PHILPOST). THE PHILPOST SHALL ENSURE
THE SECRECY AND SANCTITY OF THE MAILED BALLOTS AND
SHALL GIVE THEM PREFERENCE OVER ALL OTHER MAIL

MATTERS.


“THE COMMISSION SHALL CONSTITUTE SPECIAL
BALLOT RECEPTION GROUPS (SBRCGs) FOR EVERY POST FOR
WHICH VOTING BY MAIL IS THE DESIGNATED VOTING MODE
TO RECEIVE AND TAKE CUSTODY OF ALL ACCOUNTABLE AND
OTHER ELECTION FORMS, SUPPLIES AND PARAPHERNALIA
FROM THE COAV FOR TRANSMITTAL TO THE SPECIAL
BOARDS OF ELECTION INSPECTORS (SBEIS) AND TO THE
SPECIAL BOARD OF CANVASSERS, AS WELL AS TO RECORD,
VERIFY, RECEIVE AND TAKE CUSTODY OF ALL MAILED
ACCOMPLISHED BALLOTS. EACH SBRCG SHALL BE COMPOSED
OF THREE (3) MEMBERS FROM AMONG THE STAFF OF THE
POSTS CONCERNED, INCLUDING THEIR ATTACHED AGENCIES,
AND FILIPINO CITIZENS ABROAD.”

[17.2] 25.2. The overseas absentee voter shall send HER/HIS

ENVELOPE AT ANY TIME AFTER RECEIPT THEREOF AND

fher] accomplished ballot IN THE ACCOMPANYING

SPECIAL,

ENSURE THAT THE SAME BALLOT IS RECEIVED AND
STAMPMARKED BY THE POST ON OR BEFORE THE CLOSE OF
VOTING ON THE DAY OF ELECTIONS fo 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
hishher ballot at any time upon hisher 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 tht his/her ballot shall not be counted if not
transmitted in the special envelope furnished him/her].

[17.3] 25.3. Only mailed ballots STAMPMARKED BY THE

LOCAL POSTAL SERVICE AS HAVING BEEN MAILED BEFORE.


CLOSE OF VOTING AND RECEIVED BY THE SBCRG DURING
THE COUNTING OF VOTES SHALL BE COUNTED. [received by the
Philippine embassy, consulate and other foreign service establishments before
the close of voting om the day of elections shall be counted in accordance with
Section 18 hereof.] All envelopes containing the ACCOMPLISHED ballots
received AFTER THE COUNTING OF VOTES SHALL NOT BE
OPENED AND SHALL BE FILED AND KEPT [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
FOR PURPOSES OF DOCUMENTATION, with a corresponding
INVENTORY report thereon {submitted to the Commission not later than
thirty (30) days from the day of elections}. ACCREDITED MAJOR
POLITICAL PARTIES SHALL BE FURNISHED COPIES OF THE
SAID REPORT NOT LATER THAN THIRTY (30) DAYS AFTER THE.

DAY OF ELECTIONS.

“26.4. THE COMMISSION SHALL M.

"‘AIN A COMPLETE

REPORT OF THE NAMES AND ADDRESSES OF THE VOTERS TO
WHOM THE BALLOTS WERE SENT, INCLUDING THE NUMBER
OF BALLOTS CAST AND RECEIVED BY THE SBRCG, THE
NUMBER OF INVALID AND UNCLAIMED BALLOTS, AS WELL AS
OTHER PERTINENT DATA AND MAKE A TIMELY REPORT
THEREON TO JOINT CONGRESSIONAL — OVERSIGHT
COMMITTEE.

“265. ALL MAILED BALLOTS MARKED “RETURN TO
SENDER” AND RETURNED TO THE COMMISSION SHALL NOT BE.
OPENED. THE SAME 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 AFTER THE DAY

OF ELECTIONS.”

Sec. 25. A new Section 27 of the same Act is hereby inserted to read as follows:

“SEC. 27. VOTING BY SEAFARERS. - SEAFARERS MAY VOTE

IN ACCORDANCE WITH SECTION 21 OF THIS ACT. FOR THIS

PURPOSE, THE COMMISSION SHALL PREPARE A SEPARATE

CLOAV FOR SEAFARERS.”

Sec. 26. A new Se

28 of the same Act is hereby inserted to read as follows:

“SEC. 28. VOTING PRIVILEG!

OF MEMBERS OF THE SBEl,
SBRCG AND SBOC. - GOVERNMENT EMPLOYEES POSTED
ABROAD WHO WI

PERFORM ELECTION DUTIES AS
MEMBERS OF THE SBI

|, SBCRG AND SBOC SHALL BE
ALLOWED TO VOTE IN THE POST; PROVIDED, THAT, THEY, ARE
REGISTERED EITHER IN THE PHILIPPINES OR AS OVERSEAS
ABSENTEE VOTERS.”
Sec. 27. Section 18 of the same Act is hereby renumbered as Section 29 and
amended to read as follows:
“See. [18]29. - On-site Counting and Canvassing -

[18.1] 29.1. The counting and canvassing of votes shall be conducted
onsite in the country where the votes were actually cast. The opening of the
specially-marked envelopes and containers 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 |-POSTS or WITHIN ANY OTHER

POLLING PLACE DESIGNATED/ACCREDITED AS SUCH BY THE

[ Comment (nesquelaio}: 1
according to "Sec. 6. Personal

| Overseas Absentee Registration
AND/OR CERTIFICATION" alt
‘OAvoters may register or
seek certification at any post,
how and where will seatarers

| cast thelr votes, either in

ppereon or by mal?
85 Aug 09.



COMMISSION. The Commission shall ensure thatthe start of counting in
polling places abroad shall, [be synchronized] AS FAR AS PRACTICABLE,
COINCIDE with the start of the counting in the Philippines, TAKING
INTO CONSIDERATION THE RESPECTIVE TIME ZONES OF THE
DIFFERENT POSTS.”

“[18.2]. 29.2. [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
hereof. The Special Boards of Election Inspectors to be constituted therein
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 carver
public officer posted abroad designated by the Commission, as the ease may
be, shall act as the chairman; in the absence of other government officers, the
twwo (2) other members shall be citizens of the Philippines who are qualified to

register and 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
Boards of Election Inspectors SBEls 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} SBEls shall transmit [via facsimile and/or electronic
mail] the results to the Commission in Manila and TO the accredited major
political parties VIA FACSIMILE, ELECTRONIC MAIL AND/OR BY
ANY OTHER SAFE, SECURE AND RELIABLE MEANS OF
TRANSMISSION.”

[*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] 29.3. 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 @ 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, a8 vice-
chair|man|PERSON and member-secretary, respectively, shall be constituted
to canvass the election returns submitted to it by the SBEls [Special Boards
of Election Inspectors]. Immediately upon the completion of the canvass, the
chair{man]PERSON of the SBOC [Special Boards of Canvassers) shall

transmit via facsi

» electronic mé

l, AND/or BY any other SAFE,
SECURE AND RELIABLE 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 the instructions of the
Commission.

‘The SBOC |Special Board of Canvassers} shall also furnish the
accredited major political parties and accredited citizens’ arms with copies
thereof via facsimile, electronic mail AND/or BY any other SAFE, SECURE
AND RELIABLE 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/or any other SAFE,
SECURE AND RELIABLE means of transmission [equally safe, secure and

reliable] shall be the primary basis for the national canvass.”


“[18.5] 29.4. The canvass of OVERSEAS 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, AS NATIONAL BOARD OF CANVASSERS
FOR SENATORS AND PARTY-LIST REPRESENTATIVES, OR
CONGRESS, AS NATIONAL BOARD OF CANVASSERS FOR
PRESIDENT AND VICE-PRESIDENT, SHALL PROCLAIM THE [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] 29.5. In the preparation of the final tally of votes on the results

of the national elections, |the’ Commission, shall ensure that] the votes | Seletad tha phrase sue

“Indicated in t

ve “ssa, would a
canvassed by each and every country shall be reflected asa separate item from 35-4 would ther Be

; ‘Thus, lemight be enough to

the tally of national votes. For purposes of this Act, the retums of every ‘say, “In tho preparation of the
fli erence ook
‘re matina legion, he Yen

election for Pip}esident and VivJice-Pip}esiden prepared by the Special Shana sh ry
‘Santry shall be reeted.*

| 05'Aug 09

Board of Canvassers shall be deemed a certificate of canvass ofa city ora
province.”

“[18.7|29.6. 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] COUNTING 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. 28. A new Section 30 is hereby inserted to read as follows:


“SEC. 30. AUTHORITY TO ADOPT 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 ABSENTEE PROCESS, THE COMMISSION
MAY EXPLORE AND ADOPT OTHER MORE EFFICIENT,
RELIABLE AND SECURE MODES OR SYSTEMS, WHETHER
PAPER-, ELECTRONIC-, TECHNOLOGY- OR INTERNET-
BASED, FOR ONSITE AND REMOTE REGISTRATION AND
VOTING, COUNTING, CANVASSING AND CONSOLIDATION OF

VOTES, AS WELL AS FOR THE TRANSMITTAL OF RESULTS.”

See. 29. A new Section 31 is hereby inserted to read as follows:

“SEC. 31. 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 IMPORT

TAXES AND DUTIES, SUBJECT TO GOVERNMENT

PROCUREMENT RULES AND REGULATIONS.”

See. 30. Sec. 19 of the same Act is hereby renumbered as Section 32 and is

amended to read as follows:

"Sec,[19]32. [Authority of the Commission to Promulgate] Rules

AND REGULATIONS. ~ The Commission shall PROMULGATE [issue the

(Comment (TM12}: “ING” added

‘Comment [TM13}: Taken from th
til of ABS law

tile of AES lw on procurement and
the ist



necessary] rules and regulations FOR THE [to effectively-implement the]
IMPLEMENTATION AND ENFORCEMENT OF THE provisions of this
ACT within sixty (60) days from the effectivity THEREOF [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 Admi

istration and the Commission on Filipinos
Overseas. Non-government organizations and accredited Filipino
organizations or associations abroad shall be consulted. |"
See. 31. Section 20 of the same Act is hereby renumbered as Section 33 and is
amended to read as follows:
“See. {20]33. - 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 [through the embassies, consulates and other

foreign se

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
@ 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 PHILIPPINE ELECTORAL SYSTEM, [on] thelR rights AS
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 COMM!

NN IS AUTHORIZED TO APPROPRIATE

NOT LESS THAN TEN PER CENT (10%) OF THE OVERSEAS

ABSENTEE VOTING BUDGET TO DEFRAY THE COSTS OF
EFFECTIVELY CARRYING OUT THE OVERSEAS ABSENTEE
VOTERS INFORMATION AND EDUCATION CAMPAIGN.

“THE COMMISSION MAY ENTER INTO CONTRACTS WITH

PUBLIC OR PRIVATE ENTITIES TO ENSURE EFFECTIVE AND
EFFICIENT INFORMATION DISSEMINATION.”
Sec. 32. A new Section 34 is hereby inserted to read as follows:
“SEC. 34. ROLE AND ENGAGEMENT OF FILIPINO CIVIL
SOCIETY ORGANIZATIONS. - THE COMMISSION SHALL
ENCOURAGE AND ENGAGE THE PARTICIPATION OF LOCAL.
AND OVERSEAS FILIPINO CIVIL SOCIETY ORGANIZATIONS AS
ACCREDITED OR DEPUTIZED PARTNERS AT ANY STAGE OF

THE OVERSEAS ELECTORAL PROCESS, SUBJECT TO THE


GUIDELINES AND LIMITATIONS

LSEWHERE PROVIDED IN
THIS ACT OR IN OTHER RELEVANT LAWS, AS WELL AS THOSE

THAT THE COMMISSION SHALL PROMULGATE; PROVIDED,

THAT ANY SUCH ORGANIZATION OR ASSOCIATION SHALL BE
ACCREDITED OR DEPUTIZED ON THE BASIS OF THEIR
PRESENCE, REACH AND RESOURCES TO EDUCATE THE
FILIPINO PUBLIC ON THE PHILIPPINE ELECTORAL SYSTEM,
THEIR RIGHTS AS OVERSEAS ABSENTEE VOTERS, THE

ABSENTEE VOTING PROCE!

AND OTHER RELATED
CONCERNS, AS WELL AS TO DISSEMINATE INFORMATION
DEVELOPED BY THE COMMISSION EFFECTIVELY AND IN A
TIMELY MANNER; PROVIDED, FURTHER, THAT NO SUCH
ACCREDITED OR  DEPUTIZED ORGANIZATION SHALL
PREPARE, PRINT, DISTRIBUTE OR POST ANY INFORMATION OR
MATERIAL WITHOUT THE PRIOR APPROVAL OF THE
COMMISSION; PROVIDED, FURTHER, THAT ANY SUCH
ACCREDITED OR DEPUTIZED ~— ORGANIZATION OR

ASSOCIATION SHALL BE PROHIBITED FROM CAMPAIGNING

FOR OR FEILDING CANDIDATES; PROVIDED, FINALLY, THAT IF
ANY SUCH ORGANIZATION OR ASSOCIATION IS DISCOVERED
TO HAVE A MEMBER WHO IS NOT QUALIFIED OVERSEAS
ABSENTEE VOTER AS HEREIN DEFINED, SUCH DEPUTIZED
ORGANIZATION OR ASSOCIATION SHALL BE BANNED FROM.

PARTICIPATING IN ANY MANNER AND AT ANY STAGE IN THE

PHILIPPINE POLITICAL PROCESS ABROAD.”

Sec. 33. A new Section 35 is hereby inserted to read as follows:


“SEC, 35. TRAIN

INGS. ~ “TRAINING OF THE MEMBERS OF
FOREIGN SERVICE CORPS ON OVERSEAS ABSENTEE VOTING
PROCESSES, RULES AND PROCEDURES, TO BE UNDERTAKEN
BY THE COMMISSION IN COORDINATION WITH THE DFA-OAVS,
SHALL FORM AN INTEGRAL PART OF THEIR BRIEFING AND
ORIENTATION PRIOR TO THEIR POSTING ABROAD.

“THE COAV, THROUGH ITS CHAIRMAN, 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. 34, Section 21 of the same Act is hereby renumbered as Section 36.
See. 35. Section 22 of the same Act is hereby renumbered as Section 37 and is
amended to read as follows:

“Sec. [22]37. - Assistance from Government Agencies. - All
government officers, particularly from the Department of Foreign Affiirs,
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 concemed
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 establishments concemed].

“LIKEWISE, 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.”

See. 36. Section 23 of the same Act is hereby renumbered as Section 38.
See. 37. Section 24 of the same Act is hereby renumbered as Section 39 and is
amended to read as follows:

“Sec. [24] 39. Prohibited Acts. In addition to the prohibited acts
provided by law, it shall be unlawful:

“[24.1]39.1. 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]392. For any person to deprive ANOTHER (any person] of any
right secured in this Act, or to give false information as to HER/his|/her] name,
address, or period of residence for the purposes of establishing HIER /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 FOR REGISTRATION, or for voting:

[24.3] 39.3. For any person to STEAL, CONCEAL, ALTER,

DESTROY, MUTILATE, MANIPULATE, OR IN ANY WAY tamper with

jing the ballots for overseas absentee voters,

THE BALLOT, the election retums,

tuding the destruction, mut


and manipulation thereof] OR ANY RECORD, DOCUMENT OR PAPER
AS REQUIRED FOR PURPOSES OF THIS ACT;

(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] 39.4. For any deputized agent to refuse without justifiable
ground, to serve or serving, or to comply with histher swom duties after
acceptance of his/her appointment;

“[24.6]" 39.5. For any public officer or employee OR ACCREDITED
OR DEPUTIZED ORGANIZATION OR ASSOCIATION TO [who shall]
cause the preparation, printing, distribution OR POSTING of information OR
material, or post the same in websites} without the prior approval of the
Commission;

[24.7] 39.6. 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 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] 39.8. 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;

439.9. FOR ANY PERSON TO ENGAGE IN PARTISAN
POLITICAL ACTIVITY ABROAD DURING THE 30-DAY OVERSEAS
ABSENTEE: VOTING PERIOD.”

“{24,9] 39.10. 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 ARE 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 [24.3]39.3 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 S(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 S(c) of this Act. His/her passport shall be stamped “not allowed to
vote.)”

See. 38. Section 25 of the same Act is hereby renumbered as Section 40 and is
amended to read as follows:

“Sec. [25] 40. Joint Congressional Oversight Committee. - 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 Com:

fee 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."

See. 39. Sections 26, 27, 28 and 29 of the same Act are hereby renumbered
accordingly.

Sec. 40. A new

45 is hereby inserted to read as follows:
“See. 48. TRANSITORY PROVISION - ALL PRIOR ACTS,
RESOLUTIONS, ISSUANCES OF THE COMMISSION UNDER
THIS ACT, NOT OTHERWISE INCONSISTENT HEREWITH,
INCLUDING THE REGISTRATION OF VOTERS AND MODES OF
VOTING, SHALL REMAIN VALID AND EFFECTIVE.”
+See. 41. 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. 42. Repeating 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. 43. Effectivity - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or at least in three (3) newspapers of general
circulation.

« Approved,