Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

828

House Bill No.

Introduced by Representative Emmeline Y. Aglipay

EXPLANATORY NOTE

The right of suffrage is the right upon which the efficacy of every other right in our
Constitution ultimately rests, for it is the mandate of the people which grants a democratic
government its legitimate authority, and holds the government accountable for its exercise of the
same. This is the reason why no substantive requirement may be imposed by law on the exercise
of suffrage

However, obstacles to the exercise of the right to vote may come in forms other than
legal impediments. One of the most common hurdles that the ordinary Filipino citizen faces is
the need to make a living--while election day is a holiday, many businesses continue to operate
‘on that day, and few employees are in the position to turn down shifts on election day,
particularly for those whose work involves a degree of public interest, such as those in the
security industry. As a result, many of these employees are unable to vote on election day,
through no fault of their own

The policy of the State is not only to refrain from passing laws which would impair the
exercise of the right of suffrage, but concomitantly, to pass legislation which will facilitate its
exercise by citizens willing and able to do so. This bill seeks to provide a system of qualified
early voting which, while maintaining the primacy of the election day for ease of administration
and planning, grants employees more flexibility in balancing their economic and civil duties

EMMELINE Y. AGLIPAY
Representative, DIWA Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 828

Introduced by Representative Emmeline Y. Aglipay

AN ACT
PROVIDING FOR QUALIFIED EARLY VOTING FOR WORKERS REQUIRED TO
WORK ON ELECTION DAY

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

SECTION 1. SHORT TITLE. - This Act shall be known and cited as the “Qualified Early
Voting Act.”

SECTION 2. DECLARATION OF POLICIES. - It is hereby declared the policy of the State
that the right of suffrage, as embodied in our Constitution, should be enjoyed to the fullest extent
by all qualified Filipino citizens. It is likewise the policy of the State to facilitate the exercise of
this right by citizens who are, with just cause, unable to cast their votes on Election Day.

SECTION 3. DEFINITIONS. - For purposes of this Act, the following terms shall posses these
definitions:

(@)__ Early Voting Day - The date, as set by the COMELEC, when Qualified Early Voters may
exercise their right of suffrage.

(6) Election Day - The day set by the Constitution or the applicable law that serves as the
scheduled date for the casting of ballots in national and/or local elections, whether regular or
special.

(©) __ List of Potential Employee Early Voters - A list of employees that an employer will
require to work on Election Day.

(a) Proof of Registration - Documentation that, according to the law and COMELEC Rules
and Regulations, proves that an individual is a registered voter, such as the identification card
issued to a voter under the Omnibus Election Code.

(©) Qualified Early Voter - Any registered voter who: (a) is required by his employer to
work on Election Day, and by reason thereof cannot cast his/her vote on Election Day; (b) whose
name is included in the Qualified List of Potential Employee Early Voters; and (c) is not
otherwise disqualified from exercising their right to vote.



SECTION 4. OBLIGATIONS OF AN EMPLOYER. - (a) Any employer that intends to
require any of its employees to report to work on Election Day shall, sixty (60) days before
Election Day, submit to the Commission on Elections (COMELEC) a List of Potential Employee
Early Voters; provided, that a List of Potential Employee Early Voters shall only be valid for a
single Election Day. Employees shall be duly notified of the submission and contents of the List
of Potential Employee Early Voters

(b) An employee whose name is not included in the aforementioned list may not be required by
the employer to work on Election Day, except in the case of Emergency Overtime Work, as
embodied in the Labor Code.

(c) Should a Qualified Early Voter desire to cast his or her ballot on Early Voting Day,
employers shall, upon presentation by. the Qualified Early Voter of his or her Proof of
Registration, grant any Qualified Early Voters a leave of at least one (1) day with pay on Early
Voting Day, in order for the Qualified Early Voters to cast their ballots; provided, that a
Qualified Early Voter must notify his or her employer at least one (1) week before Early Voting
Day of his or her intent to vote

SECTION 5. OBLIGATIONS OF THE COMELEC. - (a) The COMELEC shall verify that
the employees on the List of Potential Employee Early Voters are, in fact, registered, living,
voters, and not disqualified from exercising their right of suffrage

(b) Forty-five (45) days before Election Day, the COMELEC shall determine and publicize the
date of the Early Voting Day, and the polling locations where Qualified Early Voters may cast
their ballots.

(c) The COMELEC shall ensure that COMELEC representatives shall have an accurate list of
the Qualified Early Voters within the jurisdiction of their respective polling locations.

SECTION 6. RIGHT TO EARLY VOTING. - Qualified Early Voters may cast their ballots at
the designated polling locations during Early Voting Day, in a manner that is, as far as
practicable, identical to the manner by which he or she would have voted on Election Day.

SECTION 7. IMPLEMENTING RULES AND REGULATIONS, - Within ninety (90) days
from the approval of this Act, the COMELEC shall, in consultation with any other relevant
government and non-government agencies, draft and adopt the rules and regulations necessary to
implement this Act; provided, that the COMELEC may authorize the submission of the List of
Potential Employee Early Voters through electronic mail, subject to the creation of a means for
verification of the authenticity of the same.

SECTION 8. APPROPRIATIONS - The amounts necessary to implement the provisions of
this act shall be included in the annual General Appropriations Act

SECTION 9. REPEALING CLAUSE. - All laws, decrees, rules and regulations or parts
thereof, which are contrary to or inconsistent with this Act are hereby repealed or modified
accordingly.

SECTION 10. SEPARABILITY CLAUSE. - If any part or provision of this Act is declared
unconstitutional, the remaining parts or provisions not affected shall remain in full force and
effect. ‘

SECTION 11. EFFECTIVITY CLAUSE. - This Act shall take effect fifteen days from its
publication in two national newspapers of general circulation after its approval by the President.

‘Approved