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Nineteenth Congress
First Regular Session
H-o:s::ii|No.6770
Introduced by:
HON. MARISSA "DEL MAR" MAGSIN0
0FW PARTYLIST
EXPLANATORY NOTE
Voting, or the right of suffrage, is an essential element of democracy.  It is the  power of the
people to  choose their officials  as their representatives  to whom they entrust the exercise  of the
powers  of government.  It ensures that the citizens are given the chance to  express their voice  on
important issues  relating to  the  social,  political and  economic stability of the nation,  as  well  as  on
those affecting their ways of life, through choosing their leaders during elections.
Article V,  Section  2  of the  1987  Constitution  mandates  Congress  to  provide  a  system  for
absentee voting by qualified Filipinos abroad. Pursuant thereto, Congress enacted Republic Act No.
9189, otherwise known as the `Overseas Absentee V`bting Act of 2003', later amended by Republic
Act  No.  10590,  or the  `Overseas  Absentee Voting Act of 2013'.  Prior to  these  statutes,  Overseas
Filipino  Workers   (OFWs)  were  practically  disenfranchised  as  there  was  no  mechanism  then
allowing them to register and cast their votes.
However,  even  with  the  passage  of  the  above-cited  laws,  there  remains  the  issue  of
enfranchising OFWs,  particularly Filipino  seafarers, who  can vote  only either in  person  or postal
voting in any Philippine embassy, consulate, or foreign service establishment of the country located
or near any foreign seaport, or their place of work as the case may be, where they may happen to be
during election periods. There is no accommodation in the law that allows our OFWs or seafarers to
vote if they cannot go to these diplomatic posts abroad when they are on-board a vessel or on the
high seas, or restricted by the circumstances of their work.


According  to  the  Office  of the  Overseas  Voting  (00V)  of  the  Commission  on  Elections
(COMELEC),  in  the  2019  National  and  Local  Elections  (NLEs),  there  were  1.82  million  registered
overseas voters but only 336,447 or 18.46% actually voted. Most recently, in the 2022  NLEs, only
472,559  actually  voted  out  of a  total  1.69  million  registered  overseas  voters,  or  a  turn-out  of
27.87°/o. Though there was a slight improvement in turn-out (but with a decrease in the number of
registered overseas voters), the figures are still considerably low.
This bill  seeks to  expand voting methods under existing laws  and  regulations  to  prevent
voting  disenfranchisement  of  OFWs  and  to  further  encourage  them  to  exercise  their  right  of
suffrage.  Specifically,  the  proposed  measure  will  allow  OFWs  and  Filipino  seafarers  to  register,
receive their ballots and cast their votes through available electronic means as the COMELEC may
determine. It also provides mechanisms that will further enhance existing methods and procedures
of absentee  voting  of  OFWs  and  Overseas  Filipinos  (OFs)  while  protecting  the  sanctity  of their
votes.
Electronic  voting   is   currently  known  to   be   used   in   at  least   28   countries,   including
Belgium, Brazil, Estonia, France,  Germany,  India, Italy,  Namibia,  the  Netherlands,  Norway,  Peru,
Switzerland,  the  United  Kingdom,  Venezuela, Pakistan,  and  the  United  States,  one  of the  largest
democracies in the world.
The gaps in the existing laws and regulations on overseas absentee voting in the country
must be addressed to allow OFWs and OFs to fully participate in our NLEs, thereby enabling them
to  effectively exercise  one  of the  key attributes  of their  Filipino  citizenship  -  the  right to  choose
their leaders.
This  proposed measure  is  a counterpart bill  of Senate  Bill  No.  172,  authored and filed by
Senator Francis Tolentino in the current (19th) Congress.
For the foregoing reasons, the immediate consideration and approval of the bill is earnestly
urged.
;!!EL#M"AG#
ARISSA


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Nineteenth Congress
First Regular Session
H-o:s::iilNo.6770
Introduced by:
HON. MARISSA "DEL MAR" MAGSINO
OFW PARTYLIST
AN ACT
ALLOWING FOR VOTER REGISTRATION AND VOTING BY OVERSEAS FILIPINO WORKERS AND
SEAFARERS BY MAIL OR OTHER ELECTRONIC MEANS, FURTHER AMENDING REPUBLIC ACT
NO. 9189, OTHERWISE KNOWN AS THE `OVERSEAS ABSENTEE VOTING ACT OF 2003', AS
AMENDED BY REPUBLIC ACT NO. 10590, OTHERWISE KNOWN AS THE `OVERSEAS VOTING
ACT 0F 2013', APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES
SECTION    1.  SJlort rftJe -Section 1  of Republic Act No. 9189, otherwise known as the `Overseas
Voting Act  of 2003',  as  amended  by  Republic Act  No.  10590,  otherwise  known  as  the  `Overseas
Voting Act of 2013', is hereby further amended to read as follows:
`Section  1. Short rit/e -This Act shall be known as the `Overseas Voting Act of 2023 [2ue].'
SECTION   2.  Section 3 of the same Act, as amended, is hereby further amended to read as follows:
`Section  3.  Defim.from o/Terms -For purposes of this Act:
a)   xrmx
XXXXX
(s)pos"£   woriIVG  REFERs  To  A   MODE  oF  VOTING  wllERE
MAILING    PACKETS    CONTAINING    OFFICIAL    BALLOTS    AND    OTHER    ELECTION
PARAPHERNALIA ARE SENT BY THE COMMISSION DIRECTLY TO THE VOTERS


OR T0 THE POSTS AND SENT BACK AFTER VOTING T0 ELECTION OFFICERS BY
MAIL;
(T)  ELECTROIVJC  VOTJIVG  REFERS  TO  A  MODE  OF  VOTING  THAT  USES  ELECTRONIC
MEANS,  INCLUDING  BUT  NOT  LIMITED  TO  ELECTRONIC  MAIL,  WEB-BASED
PORTALS,    AND    OTHER    INTERNET-BASED    TECHNOLOGIES,    T0    RECEIVE
ABSENTEE BALLOTS AND CAST VOTES THEREON;
(U) SEAE4REf{ VOTJIVG REFERS TO A MODE OF VOTING BY WHICH SHIP OFFICERS AND
RATINGS    MANNING    SHIPS,    INCLUDING    OFFSHORE    WORKERS,    SERVICE
PROVIDERS,  AND  FISHERMEN,  WHO  ARE  REGISTERED  OVERSEAS  WORKERS,
MAY CAST THEIR BALLOTS  DURING  THE VOTING  PERIOD  THROUGH  POSTAL
0R ELECTRONIC MEANS.'
SECTION   3. Section 6 of the same Act, as amended, is hereby further amended to read as follows:
`Section  6.  [Perscr.al]  Ovcrs€as Rcgi.sfrafJ.on  and/or Cerfificcr£J-on  -   Registration  and/or
certification as an overseas voter shall be done EITHER in person at any post abroad or
at designated registration centers outside the post or in the Philippines approved by the
Commission[;I    OR    BY    MAIL    OR    OTHER    ELECTRONIC    MEANS    AS    MAY    BE
DETERMINED BY THE COMMISSION, AND IN ACCORDANCE WITH THE METHOD OF
TRANSMISSION DESIGNATED BY THE OVERSEAS VOTER DURING REGISTRATION.
Field and mobile registration centers shall be set up by the posts  concerned to ensure
accessibility by the overseas voters.  HOWEVER,  IN TIMES 0F NATIONAL OR PUBLIC
HEALTH CRISIS, THE COMMISSION IS AUTHORIZED TO SUSPEND REGISTRATION IN
PERSON TO PRIORITIZE SAFE ALTERNATIVE METHODS THEREFOR.
I_All  applicants   shall  Submit  thcmsclvcs   for  live   capture   of  their  biomotrics.I   THE
COMMISSION, THROUGH THE OFOV, SHALL COORDINATE WITH THE DEPARTMENT
0F  FOREIGN AFFAIRS  (DFA),  THE DEPARTMENT  OF MIGRANT WORKERS  (DMW),
AND   OTHER  RELEVANT   GOVERNMENT  AGENCIES  TO   OBTAIN   BI0METRICS  OF
OVERSEAS VOTERS: PROVJDED, THAT THE BI0METRICS DATA WILL BE USED ONLY
FOR REGlsTRATloN  puRposEs:  pRovtDED,  FURTHER,  THAT  ovERSEAs voTERs'
DATA PRIVACY RIGHTS SHALL REMAIN PROTECTED.
The   Commission   shall   issue   an   overseas  voter  identification   card  to  those  whose
applications to vote have been approved[] EITHER IN PERSON, BY MAIL, OR OTHER
ELECTRONIC MEANS AS MAY BE DETERMINED BY THE COMMISSION.'
SECTION   4.  Section 10 of the same Act, as amended, is hereby further amended to read as follows:
`Section   10.   7'ra77s/er o/Registrcrfi.on j]ecord -In the event of change of voting venue, an
application for transfer of registration record must be filed by the overseas voter with
the  OFOV,  through  its  Chairperson,  IN  PERSON,  BY  MAIL,  OR  OTHER  ELECTRONIC
MEANS AS MAY BE  DETERMINED  BY THE COMMISSION at least one hundred eighty


(180)  days  prior to  the  start  of the  overseas  voting  period: Provi.did, That those  who
would eventually vote in the Philippines should register within the time frame provided
for   local   registration   in   the   municipality,   city   or   district   where   they   intend   to
vote: Provl.did, /urthcr, That those who have registered in the municipality, city or district
where  they resided  prior to  their  departure  abroad  need  not register anew: Provi.dccJ,
flncz/ly, That transferees shall notify the OFOV, through its Chairperson, of their transfer
back to the Philippines at least one hundred eighty (180) days prior to the next national
elections  for purposes  of cancelling their names  from the  CLOV and  of removing their
overseas voter's registration from the book of voters.'
SECTION   5.  Section 12 of the same Act, as amended, is hereby further amended to read as follows:
`Section  12.  fieqLfi.remcnts/or Ziegiscmtr'on -Every Filipino registrant shall be required to
furnish the following documents:
(a)   xxxxx
(b)  Accomplished  registration  form  prescribed  by  the  Commission  WHICH  SHALL
INCLUDE   A    METHOD    0F    TRANSMISSION    T0    BE    DESIGNATED    BY   THE
OVERSEAS VOTER; and,
(c)   xxxxx
XXXXX
SECTION  6.  Section 13 of the same Act, as amended, is hereby further amended to read as follows:
`Section   13.     IVc]£J.or]cr/  Registry  a/ Ovcrsecrs   Voters  rMiovj   -  The  Commission  shall
maintain  a  National  Registry  of  Overseas  Voters  or  NROV  containing  the  names  of
registered overseas voters and the posts where they are registered, THE LIST SHALL
BE     PUBLISHED:     PROVJDED,     THAT    THE     COMMISSION     SHALL    INSTITUTE
SAFEGUARDS TO PROTECT THE DATA PRIVACY RIGHTS OF OVERSEAS VOTERS.
XXXXX
SECTION  7.  Section 23 of the same Act, as amended, is hereby further amended to read as follows:
`Section  23.   Vof].ng  -Voting may be  done  either personally, by mail  or by any other
ELECTRONIC  means as may be determined by the Commission.  For this purpose, the
Commission  shall  issue  the  necessary  guidelines  on  the  manner  and  procedures  of
voting AT LEAST EIGHTEEN (18) MONTHS PRIOR TO THE CONDUCT OF THE NEXT
NATIONAL AND LOCAL ELECTIONS.
XXXXX
SECTION   8.  Section 25 of the same Act, as amended, is hereby further amended to read as follows:


'Sec:tion 25.  Voting by Mail OR OTHER ELECTRONIC MEANS -
25.1.   [For the May, 2004  elections,I  [t]The Commission shall authorize voting by mail
[in  not  more  than  thrcc  (3)  countries,  subject  to  the  approval  of the  Congrcssioml
Oversight  Committoc]   OR  OTHER  ELECTRONIC  MEANS  IN  ALL  POSTS  ABROAD.
Voting by mail OR ELECTRONIC VOTING may be allowed in countries that satisfy the
following conditions:
(a) x-
th) xxxx, and,
(c) xxxx
25. 2.  xxxxx
25.  3.  Only  [m.ailcd]  ballots  TRANSMITTED  BY  MAIL  0R  OTHER  ELECTRONIC  MEANS
received by the post before the close of voting on the day of elections shall be counted
in accordance with Section 27 hereof. All envelopes containing the ballots received by
the  posts  after the  prescribed period  shall  not be opened, and shall be cancelled  and
disposed  of  appropriately,  with  a  corresponding  report  thereon  submitted  to  the
Commission not later than thirty (30) days from the day of elections.'
24.  5.   THE  COMMISSION  SHALL  ISSUE  GUIDELINES  ON  VOTING  BY MAIL  0R OTHER
ELECTRONIC  MEANS,  INCLUDING  THE  PERIOD  0F  AND  PROCESS  FOR  SENDING
MAIL    PACKETS    T0    OVERSEAS    VOTERS,    PROCEDURES    FOR    VOTING    AND
VERIFICATION, AND OTHER RULES NECESSARY AND SUFFICIENT TO FACILITATE
THE VOTING PROCESS.'
SECTION  9.  A new Section 25-A of the same Act, as amended, is hereby inserted to read as follows:
`sECTloN  25-A.    vortIVG By sE4FARERs -  sEAFARERs  slTUATED  ovERSEAs AT
THE TIME OF THE ELECTIONS MAY VOTE IN PERSON, BY POSTAL VOTING, OR BY
OTHER ELECTRONIC MEANS AS MAY BE DETERMINED BY THE COMMISSION.
THE   COMMISSION   SHALL  ADOPT   GUIDELINES   0N  VOTING   PROCEDURES  FOR
SEAFARERS AND OTHER SEA-BASED OVERSEAS FILIPINO WORKERS (OFWs) AND
SECURE  THEIR  RIGHT  T0  VOTE  WITHOUT  REQUIRING  THEM  T0  G0  TO  THE
DESIGNATED VOTING CENTER IN THE NEAREST PORT.'
SECTION    10.    Section  32  of the  same  Act,  as  amended,  is  hereby  further  amended  to  read  as
follows:
`Section  32.   /n/ormcIci.on  Campcli.gn  -  The  Commission,  in  coordination  with  agencies
concerned,  shall  undertake  an  information  campaign  to  educate  the  public  on  the
manner of overseas voting for qualified overseas voters. It may require the support and


assistance    of   the    DFA,    through    the    posts,    [thc    DOLE,]    [tho    Department    of
Transportation  and  Communicdtion5  (DOTC)I,  THE  DMW,  THE  DEPARTMENT  OF
INFORMATION  AND   COMMUNICATIONS   TECHNOLOGY   (DICT),  THE   NATIONAL
PRIVACY  COMMISSION  (NPC),  the  Philippine  Postal  Corporation  (PPC),  [the  POE.A.I,
the OWWA and the Commission on Filipinos Overseas.'
XXXXX
SECTION    11.    Section  34  of the  same  Act,  as  amended,  is  hereby  further  amended  to  read  as
follows:
`Section 34.  Assz.sfanccfrom  Govcmm€n£ Agenci'cs. -AIl government officers, particularly
from  the  DFA,  [thc  DOLE,I  [the Der€],  THE  DMW, THE DICT,  THE  NPC, the  PPC, the
[POEA], the OWWA, the Commission on Filipinos Overseas and other government offices
concerned with the welfare of the Filipinos overseas shall, to the extent compatible with
their primary responsibilities,  assist the  Commission  in  carrying  out the  provisions  of
this Act. AIl 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.'
XXXXX
SECTION    12.    Section  36  of the  same  Act,  as  amended,  is  hereby  further  amended  to  read  as
follows:
`Section  36.  ProhJ.bltedActs -In addition to the prohibited acts provided by law, it shall be
unlawful:
36.1. xx-
XXXXX
36.7.  xxxxx
36.8. [For any person to cngagc in
(30)-day ovcrsoas voting period;]
[36;9T]  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.'
XXXXX


SECTION    13.    Section  41  of the  same Act,  as  amended,  is  hereby further  amended  to  read  as
follows:
`Section 41.   Appropri.atr'or}s - The amount necessary to carry out the provisions of this
Act shall be included in the budgets of the Commission on Elections, [and] the DFA, THE
DMW, THE DICT, AND THE PPC in the annual General Appropriations Act.'
SECTION 14.  JmpJementi.ng RHles and ReguJafi.ons - The Commission shall promulgate rules and
regulations for the implementation and enforcement of the provisions of this Act within sixty (60)
days from the effectivity thereof.
In the formulation of the rules and regulations, the Commission shall coordinate with the DFA, [the
D0IE]  the  DMW,  the  DICT,  the  Commission  on  Filipinos  Overseas,  and  other  relevant agencies.
Nongovernment organizations and accredited Filipino organizations or associations abroad shall be
consulted.
SECTION   15,   Separabl./I.fy  Crduse-If  any  part  or  provision  of  this  Act  shall   be   declared
unconstitutional  or  invalid,  the  other  provisions  hereof  which  are  not  affected  thereby  shall
continue to be in full force and effect.
SECTION   16.   RepeaJl.ng  CJause -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.
SECTION  17.  EffectJ.vJ.ty Ciduse -This Act shall take effect fifteen (15) days after its publication in
the O/fcl.a/ Gazette or in at least two (2) newspapers of general circulation.
Approved.