Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BillNo. _ S201

INTRODUCED By Rerresexratiyes Bello, Bichara, Climaco, Rodriguez (R),
Lagman, Gatchalian, Gonzales (N), Bag-ao and Batocabe

Explanatory Note

About 10% of the Philippine population are living and working in some 238 countries
and destinations abroad. More than close to 4 million are permanent residents and
Filipino immigrants, 3.6M are OFWs while more than half a million are those categorised
as undocumented Filipinos or those in irregular status. For more than four decades now,
the Philippines has witnessed the largest exodus of Filipino men and women workers,
averaging more than a million annually since 2006.

For most of these Filipinos overseas, they would have preferred to stay in the country,
with their loved ones and everything that is familiar to them, if only the prospects for
better lives and better future for themselves, their loved ones and the country in general
are brighter and more secure. As it turned out, Filipinos migrated in droves, averaging
3,897 OFWs daily, enduring enormous sacrifices in often-times hostile living and
working environments abroad if only to send those remittances to their loved in the
Philippines in order to have food on the table, send their children to school and to have
roof above their heads. These remittances have actually kept the Philippine economy
afloat. Defying the global economic crisis, last year's remittances of US$17.35B
registered a 15.1% increase from 2008 figures.

To ensure that their political rights as Filipino citizens, even as they are overseas, are
respected and promoted, the 1987 Philippine Constitution mandated Congress to enact a
system of overseas absentee voting for Filipinos overseas. This was finally fulfilled, after
more than 16 years, when the 12" Congress of the Philippines enacted R.A. No. 9189
otherwise known as the Overseas Absentee Voting Act of 2003. Since then, Filipinos
overseas have participated in three OAV exercises —in the Presidential elections of May
2004, in the 2007 mid-term elections and in the 2010 Presidential elections.
Unfortunately, the registration and voter turn out for OAV had remained low in all these


three political exercises — 64.89% voter turn out in 2004; 16.21% voter turn out in 2007
and 25.99% voter turn out in 2010. The total accumulated registered overseas Filipino
voters in the 2010 elections was only 589, 830. Reasons for the low turn out include the
following: flaws in the OAV law that resulted in difficulty in the procedure for
registration and voting; discrimination and disqualification of Filipino immigrants and
permanent residents; lack of information on the OAV process as well as on the candidates
and positions to be voted for; cynicism, mistrust in government and its instrumentalities
like Comelec; various scandals that the government got involved in; lack of faith and
mistrust in the electoral and political system of the country; inadequate budget and
personnel to implement the OAV more effectively.

Since its enactment in 2003, Congress has not enacted any amendments to the law.
Interestingly, Comelec has for example when it expanded the number of posts for postal
voting from the original 3 posts per provision of the OAV law to S6 posts in 2007 and
102 posts in 2010 without the benefit of a Congressional amendment nor a
recommendation from the Joint Congressional Oversight Committee (JCOC).

Therefore, to make the law more effective, far reaching and “voter friendly” to overseas
Filipinos, there is an urgent need for Congress to introduce fundamental corrective
legislative measures in the OAV law which would include the following proposed
amendments: (a) deletion of the provision that disqualifies overseas Filipinos, numbering
close to 4 million, who are categorised as immigrants and permanent residents unless
they will execute an affidavit declaring that they shall resume actual, physical permanent
residence in the Philippines not later than 3 years from approval of their applications for
registration under the OAV law; (b) broadening the coverage of OAV to include national
referenda and plebiscites; (c) composition of in-house in Comelec Resident Election
Registration Board (RERB); (d) ensuring that the system of continuing registration is
properly and fully observed; (¢) allowing for the filing of application for registration at
any post abroad or at designated registration centers outside the post; (f) mandating the
Comelec to determine the mode of voting for which posts; (g) mandate to Comelec to
adopt other modes or systems using automated election system; (h) budget provision for
OAV information and education campaign; and, (i) institutionalising the role and
engagement of Filipino civil society organizations.

‘The support for the passage and approval of this amendatory bill is Wy prayed.

«<

WALDEN F. BELLO AL FRANC DC. BICHARA

hee ISABEELE G. CLIMACO RUFUS B. RODRIGUEZ


EDCEL C. LAGMAN

7
NEPTALI M. GONZALES IT

DEL M. BATOCABE


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FIFTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES
8261

H. B. No.

INTRODUCED By Representatives Bello, Bichara, Climaco, Rodriguez (R), Lagman,
Gatchalian, Gonzales (N), Bag-ao and Batocabe

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

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

assembled:

Section 1, Section 3 of Republic Act No. 9189, otherwise known as “The
Overseas Absentee Voting Act of 2003” is hereby amended to read as follows:
“Sec. 3. Definition of Terms. - For purposes of this Act:

[ec] 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 OVERSEAS Absentee Voting of
the Commission, on a country-by-country AND POST BY POST
basis. The list shall be approved by the Commission in an en
banc resolution;

b. “Commission” refers to the Commission on Elections;
C. “COMMITTEE ON OVERSEAS ABSENTEE VOTING (COAV)”
REFERS TO THE COMMITTEE OF THE COMMISSION

TASKED TO OVERSEE AND SUPERVISE THE


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EFFECTIVE IMPLEMENTATION OF THE OVERSEAS

ABSENTEE VOTING LAW;

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

Philippines;

E. “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);

F. “FIELD 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

i>)

CONDUCT OF REGISTRATION OF OVERSEAS
ABSENTEE VOTERS AT VARIOUS LOCATIONS

OUTSIDE THE POSTS, OTHER THAN AT FIELD


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REGISTRATIONS, UNDERTAKEN AS PART OF THE

POSTS’ MOBILE CONSULAR AND OUTREACH
ACTIVITIES TO FILIPINOS WITHIN THEIR
JURISDICTIONS;

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

[e[l.“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,


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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 law, who is abroad on the day of

elections;

[a] K“OVERSEAS Absentee Voting” refers to the process by

M.

which

qualified citizens of the Philippines abroad exercise

their right to vote;

L. “POSTS”

EMBASSIES,

REFERS TO THE

CONSULATES,

ESTABLISHMENTS

AND OTHER

PHILIPPINE
FOREIGN SERVICE
PHILIPPINE

GOVERNMENT AGENCIES MAINTAINING OFFICES

ABROAD AND HAVING JURISDICTION OVER THE

PLACES WHERE THE OVERSEAS ABSENTEE VOTERS

RESIDE;

(RERB)”

“RESIDENT ELECTION REGISTRATION BOARD

REFERS TO THE IN-HOUSE ELECTION

REGISTRATION BOARD OF THE COAV COMPOSED

OF THREE (3) RANKING OFFICIALS FROM THE

COMMISSION, 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


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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’S IDENTIFICATION AND
RECORD BOOK’ OF THE MARITIME INDUSTRY
AUTHORITY;

“SPECIAL BALLOT RECEPTION AND CUSTODY
GROUP (SBRCG)” REFERS TO THE GROUP
CONSTITUTED BY THE COMMISSION TO RECEIVE
AND TAKE CUSTODY OF ALL ACCOUNTABLE AND
OTHER ELECTION FORMS, SUPPLIES AND
PARAPHERNALIA FROM THE COAV FOR
TRANSMITTAL TO THE ‘SPECIAL BOARDS OF
ELECTION INSPECTORS’ AND ‘SPECIAL BOARDS OF

CANVASSERS’;

. “SPECIAL BOARD OF CANVASSERS (SBOC)” REFERS

TO THE BODY DEPUTIZED BY THE COMMISSION TO

CANVASS THE OVERSEAS ABSENTEE VOTING


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ELECTION RETURNS SUBMITTED TO IT BY THE

SPECIAL BOARD OF ELECTION INSPECTORS;

). “SPECIAL BOARD OF ELECTION INSPECTORS (SBEI)”

REFERS TO THE BODY DEPUTIZED BY THE
COMMISSION TO CONDUCT THE VOTING AND

COUNTING OF VOTES;

.. “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 PERSONNEL
DEPUTIZED BY THE COMMISSION WITHIN ONE (1)
YEAR BEFORE THE START OF THE VOTING PERIOD
AND OF INCLUDING THE SAME IN THE NROAV UPON

APPROVAL BY THE RERB;

. “VOTING PERIOD” REFERS TO A CONTINUOUS

THIRTY (30)-DAY PERIOD, THE LAST DAY OF WHICH
IS THE DAY OF ELECTION, INCLUSIVE OF
ESTABLISHED HOLIDAYS IN THE PHILIPPINES AND
OF SUCH OTHER HOLIDAYS IN THE HOST

COUNTRIES.

Sec. 2. Section 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[p]resident,


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49.

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V[vlice-P[pJresident,

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t representatives, AS

senators and party

WELL AS IN ALL NATIONAL REFERENDA AND

PLEBISCITES.”

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

“Sec. 5. Disqualifications. - The following shall be

disqualified from voting under this Act:

“a)

cm)

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‘Those who have lost their Filipino citizenship in accordance

with Philippine laws;

renounced their Philippine

Those who have expressly
citizenship and who have pledged allegiance to a foreign
country, EXCEPT THOSE WHO HAVE REACQUIRED
OR RETAINED THEIR PHILIPPINE CITIZENSHIP
UNDER REPUBLIC ACT NO. 9225, OTHERWISE
KNOWN AS THE “CITIZENSHIP RETENTION AND
REACQUISITION ACT OF 2003”;

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,
[including those who have committed and been found guilty
of Disloyalty as defined under Article 137 of the Revised
Penal Code] such disability not having been removed by
plenary pardon or amnesty: Provided, however, That any
person disqualified to vote under this subsection shall
automatically acquire the right to vote upon THE expiration

of five (5) years after service of sentence, AND; [Provided,


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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
return shall be the cause for the removal of the name of the
immigrant or permanent resident from the National Registry
of Absentee Voters and his/her permanent disqualification to
vote in absentia].

[e] D. “Any citizen of the Philippines abroad previously
declared insane or incompetent by competent authority in the
Philippines or abroad, as verified by the Philippine
embassies, consulates or foreign service establishments
concerned, unless such competent authority subsequently

certifies that such person is no longer insane or incompetent.”

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


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“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 consideration the time zones and the
various periods and processes herein provided for the proper
implementation of this Act. The embassies, consulates and other
foreign service establishments shall transmit within (5) days from
receipt the accomplished registration forms to the Commission,
after which the Commission shall coordinate with the Election

sidence

Officer of the city or municipality of the applicant's stated r


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for verification, hearing and annotation in the permanent list of
voters.

“[All applications for the May, 2004 elections shall be filed
with the Commission not later than two hundred eighty (280)
calendar days before the day of elections. For succeeding elections,
the Commission shall provide for the period within which
applications to register must be filed.
In the case of seafarers, the Commission shall provide a special
mechanism for the time and manner of personal registration taking
into consideration the nature of their work.

“[6.1. Upon receipt of the application for registration, the
Election Officer shall immediately set the application for hearing,
the notice of which shall be posted in a conspicuous place in the
premises of the city or municipal building of the applicant's stated
residence for at least one (1) week before the date of the hearing.
The Election Officer shall immediately furnish a copy of the
application to the designated representatives of political parties and
other accredited groups.

“[6.2. If no verified objection to the application is filed, the
Election Officer shall immediately forward the application to the
Election Registration Board, which shall decide on the application
within one (1) week from the date of hearing without waiting for the
quarterly meeting of the Board. The applicant shall be notified of
the approval or disapproval of his/her application by registered

mail.


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“[6.3. In the event that an objection to the application is filed
prior to or on the date of hearing, the Election Officer shall notify
the applicant of said objection by registered mail, enclosing therein
copies of affidavits or documents submitted in support of the
objection filed with the said Election Officer, if any. The applicant
shall have the right to file his counter-affidavit by registered mail,
clearly stating therein facts and defenses sworn before any officer in
the host country authorized to administer oaths.

“[6.4. The application shall be approved or disapproved based
on the merits of the objection, counter-affidavit and documents
submitted by the party objecting and those of the applicant.

“[6.5 A Certificate of Registration as an overseas absentee
voter shall be issued by the Commission to all applicants whose
applications have been approved, including those certified as
registered voters. The Commission shall include the approved
applications in the National Registry of Absentee Voters.

«[6.6. If the application has been approved, any interested
party may file a petition for exclusion not later than two hundred
ten (210) days before the day of elections with the proper municipal
or metropolitan trial court. The petition shall be decided within
fifteen (15) days after its filing on the basis of the documents
submitted in connection therewith. Should the court fail to render a
decision within the prescribed period, the ruling of the Election
Registration Board shall be considered affirmed.

“[6.7. If the application has been disapproved, the applicant


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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 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:



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“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 MAY BE NECESSARY.

“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 DEPARTMENT OF LABOR AND EMPLOYMENT
(DOLE) AS MEMBERS.”

“7.1. THE RERB SHALL PROCESS, APPROVE OR
DISAPPROVE ALL APPLICATIONS FOR REGISTRATION
AND/OR CERTIFICATION AS OVERSEAS 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 8 is hereby inserted to read as follows:

“SEC. 8. DUTIES AND FUNCTIONS OF THE RERB. -


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“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 PARTIES
CONCERNED OF THE PENDING APPLICATIONS FOR
REGISTRATION AND/OR CERTIFICATION THROUGH A
WEEKLY UPDATED PUBLICATION IN THE WEBSITES OF
THE COMMISSION, THE DFA-OAVS, 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 DISAPPROVAL OF THE
APPLICATION FOR REGISTRATION AND/OR
CERTIFICATION, THE RERB SHALL NOTIFY THE
APPLICANT, OR HER/HIS AUTHORIZED

REPRESENTATIVE IN THE PHILIPPINES, WITHIN FIVE


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Sec. 7.

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(5) DAYS FROM THE DATE OF DISAPPROVAL, STATING

THE REASONS THEREFOR.

“8.3. THE RERB SHALL INCLUDE THE NAMES OF
THE APPLICANTS WITH APPROVED APPLICATIONS IN
THE NATIONAL REGISTRY OF OVERSEAS ABSENTEE
VOTERS (NROAV) AND IN THE CERTIFIED LIST OF
OVERSEAS ABSENTEE VOTERS (CLOAV) 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 RERB SHALL PERFORM SUCH OTHER
DUTIES AS MAY BE CONSISTENT WITH ITS FUNCTIONS,
AS PROVIDED IN THIS ACT.”

Anew Section 9 is hereby inserted to read as follows:

“SEC.9. PETITON FOR INCLUSION/ EXCLUSION -


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“9.1. PETITION FOR EXCLUSION. - IF THE

APPLICATION HAS BEEN APPROVED, ANY INTERESTED
PARTY MAY FILE A PETITION FOR EXCLUSION NOT
LATER THAN ONE HUNDRED EIGHTY (180) DAYS
BEFORE THE DAY OF ELECTIONS WITH THE PROPER
MUNICIPAL / METROPOLITAN TRIAL COURT, EITHER
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 WITHIN
FIFTEEN (15) DAYS FROM ITS FILING, BUT NOT LATER
THAN ONE HUNDRED 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 (5) DAYS AFTER ITS FILING ON


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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, EITHER 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 WITHIN FIFTEEN (15)
DAYS FROM FILING, BUT NOT LATER THAN ONE
HUNDRED TWENTY (120) DAYS BEFORE THE 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

CERTIFICATIO’ AS ABSENTEE VOTERS AND FOR

INCLUSION IN THE NROAV. IN CASE OF APPROVAL, THE

ELECTION OFFICER CONCERNED SHALL ANNOTATE


Sec. 8.

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THE NAME OF THE VOTER IN THE CERTIFIED VOTERS

LIST AND IN HER/HIS VOTERS REGISTRATION
RECORDS.”
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 THE PHILIPPINES 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


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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 government
agencies for purposes of data gathering AND [data] validation,
information dissemination and facilitation 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 mechanisms offered and administered by the Department of

Foreign Affairs, Department of Labor and Employment, Philippine


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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.”

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

is amended to read as follows:

“Sec. [8] 12. Requirements for Registration. - Every
Filipino registrant shall be required to furnish the following
documents:

“a) A valid Philippine passport. In the absence of a valid
passport, a certification of the 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 a passport, or that the applicant is a holder of a


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valid passport but is unable to produce the same for a valid
reason;

Accomplished registration form prescribed by the
Commission, AND; [containing the following mandatory

information:

['i. Last known residence of the applicant in the Philippines

before leaving for abroad;

[“ii. Address of applicant abroad, or forwarding address in

the case of seafarers;

[‘iii, Where voting by mail is allowed, the applicant's mailing
address outside the Philippines where the ballot for absentee

voters will be sent, in proper cases; and;

[‘iv.Name and address of applicant's authorized
representative in the Philippines for purposes of Section 6.7

and Section 12 hereof.

[*c. In the case of immigrants and permanent residents not
otherwise disqualified to vote under this Act, an affidavit
declaring the intention to resume actual physical permanent
residence in the Philippines not later than three (3) years
after approval of his/her registration as an overseas absentee
voter under this Act. Such affidavit shall also state that

he/she has not applied for citizenship in another country];


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“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 of the
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.”

Sec. 11. Section 9 of the same Act is hereby renumbered as Section 13

and is amended to read as follows:


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“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 annotation that such person has been
registered or will be voting as an overseas absentee voter. The
registry shall also include those registered under Republic Act
No. 8189 and who have been issued certifications as overseas
absentee voters. The entries in the National Registry of Overseas
Absentee Voters and the annotations as overseas absentee voters
in the Certified Voters' List shall be permanent, and cannot be
cancelled or amended except in any of the following cases:

“[9.1. When the overseas absentee voter files a letter under
oath addressed to the Commission that he/she wishes to be removed
from the Registry of Overseas Absentee Voters, or that his/her
name be transferred to the regular registry of voters; or,

“[9.2, When an overseas absentee voter's name was ordered
removed by the Commission from the Registry of Overseas Absentee
Voters for his/her failure to exercise his/her right to vote under this

Act for two (2) consecutive national elections.]


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“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:

“SEC.14. DEACTIVATION OF REGISTRATION, - “THE
RERB SHALL DEACTIVATE AND REMOVE THE
REGISTRATION RECORDS OF THE FOLLOWING
PERSONS FROM THE CORRESPONDING BOOK OF
VOTERS AND PLACE THE SAME, PROPERLY MARKED
AND DATED, IN THE INACTIVE FILE AFTER ENTERING
THE CAUSE(S) OF DEACTIVATION. THE FACT OF
DEACTIVATION SHALL BE ANNOTATED IN THE NROAV
AND THE CORRESPONDING ROAV:

“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


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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.

Sec 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 Philippines abroad
whose application for registration has been approved, including
those previously registered under Republic Act No. 8189, shall, in
every national election, file with the officer of the embassy,
consulate or other foreign service establishment authorized by the

Commission, a sworn written application to vote in a form


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prescribed by the Commission. The authorized officer of such

embassy, consulate or other foreign service establishment shall
transmit to the Commission the said application to-vote within five
(5) days from receipt thereof. The application form shall be
accomplished in triplicate and submitted together with the
photocopy of his/her overseas absentee voter certificate of
registration.

“[11.2. Every application to vote in absentia may be done

personally at, or by mail to, the embassy, consulate or foreign
service establishment, which has jurisdiction over the country
where he/she has indicated his/her address for purposes of the
elections.

“[11.3. Consular and diplomatic services rendered in
connection with the overseas absentee voting processes shall be
made available at no cost to the overseas absentee voter.

“{Sec. 12. Verification and Approval of Application to
Vote. - All applications shall be acted upon by the Commission upon
receipt thereof, but in no case later than one hundred fifty (150)
days before the day of elections. In the event of disapproval of the
application, the voter or his authorized representative may file a
Motion for Reconsideration with the Commission personally, or by
registered mail, within ten (10) days from receipt of the notice of
disapproval. The Commission shall act within five (5) days from

receipt of such Motion for Reconsideration and shall immediately


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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.”

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

“SEC.17. CANCELLATION OF REGISTRATION. - THE
RERB SHALL CANCEL THE REGISTRATION RECORDS OF
THOSE WHO HAVE DIED, AS CERTIFIED BY EITHER THE

POSTS OR BY THE LOCAL CIVIL REGISTRAR, AND THOSE


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1 WHO HAVE BEEN PROVEN TO HAVE LOST THEIR

FILIPINO CITIZENSHIP.”

3 Sec. 17. A new Section 18 of the same Act is hereby inserted to read as

4 follows:

“SEC. 18. VOTERS EXCLUDED FROM THE NROAV

6 THROUGH INADVERTENCE. - ANY REGISTERED
7 OVERSEAS ABSENTEE VOTER WHOSE NAME HAS BEEN
8 INADVERTENTLY OMITTED FROM THE NROAV MAY,

9 PERSONALLY OR THROUGH HIS AUTHORIZED
10 REPRESENTATIVE, FILE WITH THE COAV OR WITH THE

1 POST HAVING JURISDICTION OVER HER/HIS

12 RESIDENCE, AN APPLICATION UNDER OATH FOR
13 REINSTATEMENT NOT LATER THAN ONE HUNDRED
14 TWENTY (120) DAYS BEFORE THE START OF THE VOTING
15 PERIOD.

16 Sec. 18. A new Section 19 of the same Act is hereby inserted to read as
17 follows:

18 “SEC. 19. APPLICATION FOR CORRECTION OF
19 ENTRIES AND CHANGE OF NAME. - ANY REGISTERED
20 ABSENTEE VOTER MAY FILE WITH THE COAV, OR WITH
21 THE POST HAVING JURISDICTION OVER HER/HIS
22 RESIDENCE, NOT LATER THAN ONE HUNDRED TWENTY
23 (120) DAYS BEFORE THE START OF THE VOTING PERIOD,
24 AN APPLICATION UNDER OATH FOR THE CORRECTION

2 OF MISSPELLED NAME OR OTHER ENTRIES; CHANGE OF


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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:

“Sec.[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 THE

PAYMENT OF FEES.”


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Sec. 20. Section 14 of the same Act is hereby renumbered as Section 21

and is amended to read as follows:

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“Sec. [14] 21. Printing and Transmittal 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 fembassies, consulates and other foreign service
establishments,] the exact number of ballots for overseas absentce
voters corresponding to the number of approved applications, along
with such [materials and election paraphernalia] ACCOUNTABLE

FORMS necessary to ensure the integrity of the election.”


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1 “[14.4]21.4. The authorized representatives of accredited
a major political parties shall have the right to be present in all
3 phases of printing, transmittal and casting of MAILED ballots
4 abroad. [Unclaimed ballots properly marked as such, shall be

5 cancelled and shipped to the Commission by the least costly

6 method.]”

7 “Sec, 21. Section 15 of the same Act is hereby renumbered as

8 Section 22 and is amended to read as follows:

9 “Sec. [15] 22. Regulation on Campaigning Abroad. -
10 PERSONAL CAMPAIGNING, [T]the use of campaign materials,
u as well as the limits on campaign spending shall be governed by the
12 laws and regulations applicable in the Philippines AND TO THE
B EXTENT ALLOWED BY THE LAWS OF HOST COUNTRIES;
14 PROVIDED, THAT, ALL FORMS OF CAMPAIGNING
5 ABROAD WITHIN THE 30-DAY OVERSEAS ABSENTEE
16 VOTING PERIOD SHALL BE PROHIBITED.”

7 Sec. 22, A new Section 23 of the same Act is hereby inserted to read as
18 follows:

19 “SEC. 23. VOTING. - VOTING MAY BE DONE EITHER
20 PERSONALLY, BY MAIL, OR BY ANY OTHER MEANS AS
ea MAY BE ALLOWED UNDER OTHER EXISTING LAWS. FOR
22 THIS PURPOSE, THE COMMISSION SHALL ISSUE THE
2B NECESSARY GUIDELINES ON THE MANNER AND

24 PROCEDURES OF VOTING.


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“THE COAV, 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 BEFORE THE
START OF THE VOTING PERIOD.

“THE COMMISSION SHALL ISSUE AN OVERSEAS
ABSENTEE VOTER IDENTIFICATION CARD TO THOSE
WHOSE APPLICATIONS TO VOTE HAVE BEEN

APPROVED.”

SEC, 23. Section 16 of the same Act is hereby renumbered as Section 24

and is 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 FOR OVERSEAS ABSENTEE VOTERS AND OTHER


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ACCOUNTABLE FORMS, VOTING MACHINES AND OTHER

HARDWARE AND SOFTWARE for overseas absentee voters
Lvoting 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. 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.

“THE COMMISSION SHALL, LIKEWISE,
CONSTITUTE AS MANY SPECIAL BOARDS OF ELECTION

INSPECTORS (SBEIs) AS MAY BE NECESSARY TO


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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


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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
thirty (30) days before the day of elections. In the case of seafarers,
they shall cast their ballots anytime within sixty (60) days before
the day of elections as prescribed in the Implementing Rules and
Guidelines}.

“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

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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 within
thirty (30) days from the day of elections. Such report shall contain
data on the number of ballots cast and received by the offices, the
number of invalid and unclaimed ballots and other pertinent data.
“24.6 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 returned to the embassies,
consulates and other foreign service establishments concerned, in
the case of voting by mail, shall be cancelled and shipped to the
Commission by the least costly method within six (6) months from
the day of elections.]

“{16.8] 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


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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—concerned, including their
attached agencies, and citizens of the Philippines abroad, who will
be deputized to receive ballots and take custody of the same
preparatory to their transmittal to the Special Boards of Election
Inspectors.]}

“[16.10] 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
shall 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, Internet, or other secured networks in the casting of votes, and
submit a report thereon to the Joint Congressional Oversight

Committee.]”


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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 concerned are adequate and

well-secured.

“Thereafter, voting by mail in any country shall be allowed
only upon review and approval of the Joint Congressional Oversight

Committee.]



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“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.”


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“[17.2] 25.2. The overseas absentee voter shall send
HER/HIS [his/her] accomplished ballot IN THE
ACCOMPANYING SPECIAL ENVELOPE AT ANY TIME
AFTER RECEIPT THEREOF AND ENSURE THAT THE
SAME BALLOT IS RECEIVED AND STAMPMARKED BY
THE POST ON OR BEFORE THE CLOSE OF VOTING ON
THE DAY OF ELECTIONS [to the corresponding embassy,
consular or other foreign service establishment that has jurisdiction
over the country where he/she temporarily resides. He/she shall be
entitled to cast his/her ballot at any time upon his/her receipt
thereof, provided that the same Is received before the close of voting
on the day of elections. The overseas absentee voter shall be
instructed 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 embe

consulate and other foreign service establishments before the close
of voting on the day of elections shall be counted in accordance with
Section 18 hereof.] All envelopes containing the ACCOMPLISHED
ballots received AFTER THE COUNTING OF VOTES SHALL

NOT BE OPENED AND SHALL BE FILED AND KEPT fby the


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s, consulates and other foreign service establishments

emba
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.

“25.4. THE COMMISSION SHALL MAINTAIN 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.

“25.5. 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


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LATER THAN THIRTY (30) DAYS AFTER THE DAY OF

ELECTIONS.”
Sec, 25. A new Section 26 of the same Act is hereby inserted to read as
follows:
“SEC. 26. 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 Section 27 of the same Act is hereby inserted to read as
follows:
“SEC. 27. VOTING PRIVILEGE OF MEMBERS OF THE
SBEI, SBRCG AND SBOC, - GOVERNMENT EMPLOYEES
POSTED ABROAD WHO WILL PERFORM ELECTION
DUTIES AS MEMBERS OF THE SBEI, SBCRG AND SBOC
SHALL BE ALLOWED TO VOTE IN THE POST; PROVIDED,
THAT, THEY ARE REGISTERED EITHER IN THE
PHILIPPINES OR AS OVERSEAS ABSENTEE VOTERS.”
Sec. 28. Section 18 of the same Act is hereby renumbered as Section 28
and amended to read as follows:
“Sec. [18]28. - On-site Counting and Canvassing -
“[18.1] 28.1. 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,


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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 COMMISSION. The Commission shall
ensure that the 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]. 28.2. [For these purposes, the Commission shall
constitute as many Special Boards of Election Inspectors (SBEls) 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
career public officer posted abroad designated by the Commission,
as the case may be, shall act as the chairman; in the absence of
other government officers, the two (2) other members shall be
citizens of the Philippines who are qualified to 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 SBEIs on issues brought


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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] 28.8. A Special Board of Canvassers (SBOC)
composed of THE HIGHEST RANKING OFFICER FROM THE
POST [a lawyer preferably of the Commission] as
chairfman]PERSON, a senior career officer from any of the
government agencies maintaining a post abroad and, in the absence
of another government officer, a citizen of the Philippines qualified
to vote under this Act AND deputized by the Commission, as vice-
chairfman]PERSON and member-secretary, respectively, shall be
constituted to canvass the election returns submitted to it by the
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 facsimile,


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electronic mail, 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] 28.4. 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


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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] 28.5. In the preparation of the final tally of votes on
the results of the national elections, [the Commission, shall ensure
that] the votes canvassed by each and every country shall be
reflected as a separate item from the tally of national votes. For
purposes of this Act, the returns of every election for P[p]resident
and V{vlice-P[p]resident prepared by the Special Board of
Canvassers shall be deemed a certificate of canvass of a city or a
province.”

“[18.7]28.6. 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. 29. A new Section 29 is hereby inserted to read as follows:

“SEC. 29. AUTHORITY TO ADOPT OTHER MODES
OR SYSTEMS USING AUTOMATED ELECTION SYSTEM -
NOTWITHSTANDING CURRENT PROCEDURES AND

SYSTEMS HEREIN PROVIDED, FOR THE PROPER


1 IMPLEMENTATION OF THIS ACT AND IN VIEW OF THE

PECULIARITIES ATTENDANT TO THE OVERSEAS

3 ABSENTEE PROCESS, THE COMMISSION MAY
4 EXPLORE AND ADOPT OTHER MORE EFFICIENT,
5 RELIABLE AND SECURE MODES OR SYSTEMS,
6 WHETHER PAPER-, ELECTRONIC-, TECHNOLOGY- OR
7 INTERNET-BASED, FOR ONSITE AND REMOTE
8 REGISTRATION AND VOTING, COUNTING,
9 CANVASSING AND CONSOLIDATION OF VOTES, AS
10 WELL AS FOR THE TRANSMITTAL OF RESULTS.”
11 Sec. 30. A new Section 30 is hereby inserted to read as follows:
12 “SEC. 30. PROCUREMENT OF FACILITIES,
13 EQUIPMENT, MATERIALS, SUPPLIES OR SERVICES. -
M4 TO ACHIEVE THE PURPOSE OF THIS ACT, THE
15 COMMISSION MAY, LIKEWISE, PROCURE FROM LOCAL
16 OR FOREIGN SOURCES, THROUGH PURCHASE, LEASE,
VW RENT OR OTHER FORMS OF ACQUISITION,
18 HARDWARE OR SOFTWARE, FACILITIES, EQUIPMENT,
19 MATERIALS, SUPPLIES OR SERVICES IN
20 ACCORDANCE WITH EXISTING LAWS, FREE FROM
21 IMPORT TAXES AND DUTIES, SUBJECT TO
22 GOVERNMENT PROCUREMENT RULES AND
23 REGULATIONS.”
24 Sec. 31. Sec. 19 of the same Act is hereby renumbered as Section 31 and

25 is amended to read as follows:


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"Sec.[19] 31 [Authority of the Commission to

Promulgate] Rules AND REGULATIONS. — The Commission
shall PROMULGATE [issue the 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
Administration and the Commission on Filipinos Overseas. Non-
government organizations and accredited Filipino organizations or

associations abroad shall be consulted.]”

Sec. 32. Section 20 of the same Act is hereby renumbered as Section 32

and is amended to read as follows:

“Sec. [20]32. - 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 service establishments], Department of Labor and


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Employment, Department of Transportation and Communications,
Philippine Postal Corporation, Philippine Overseas Employment
Administration, Overseas Workers’ Welfare Administration and the
Commission on Filipinos Overseas. [The Commission may deputize
Filipino organizations/associations overseas for the same purpose:
Provided, that any such deputized organization/ association shall be
prohibited from participating in the elections by campaigning for or
fielding candidates; Provided, further, That if any such deputized
organization/association is discovered to have a member who is not
a qualified overseas absentee voter, as herein defined, such
deputized organization/association shall be banned from
participating in any manner, and at any stage, in the Philippine
political process abroad.] “Such information campaign shall
educate the Filipino public, within and outside the Philippines, on
the PHILIPPINE ELECTORAL SYSTEM, [on] theIR 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 COMMISSION IS AUTHORIZED TO
APPROPRIATE NOT LESS THAN TEN PER CENT (10%) OF
THE OVERSEAS ABSENTEE VOTING BUDGET TO DEFRAY


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

“SEC. 33. 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 ELSEWHERE 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 PROCESSES AND OTHER RELATED CONCERNS,


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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. 34. A new Section 34 is hereby inserted to read as follows:
“SEC. 34. TRAININGS. - “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,


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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. 35. Section 21 of the same Act is hereby renumbered as Section 35,
Sec. 36. Section 22 of the same Act is hereby renumbered as Section 36

and is amended to read as follows:

“Sec. [22]36. - Assistance from Government Agencies. -
All government officers, particularly from the Department of
Foreign Affairs, Department of Labor and Employment,
Department of Transportation and Communications, Philippine
Postal Corporation, Philippine Overseas Employment
Administration, Overseas Workers’ Welfare Administration,
Commission on Filipinos Overseas and other government offices
concerned with the welfare of the Filipinos overseas shall, to the
extent compatible with their primary responsibilities, assist the
Commission in carrying out the provisions of this Act. All such
agencies or officers thereof shall take reasonable measures to

expedite all election activities, which the Commission shall require


53

it of them. When necessary, the Commission may send supervisory
3 teams headed by career officers to assist the POSTS [embassies,
3 consulates and other foreign service establishments concerned]

4 “LIKEWISE, CONSULAR AND DIPLOMATIC

SERVICES RENDERED IN CONNECTION WITH THE

6 OVERSEAS ABSENTEE VOTING PROCESSES SHALL BE
7 MADE AVAILABLE AT NO COST TO THE OVERSEAS
8 ABSENTEE VOTER.”
| Sec. 37. Section 23 of the same Act is hereby renumbered as Section 37.

10 Sec. 38. Section 24 of the same Act is hereby renumbered as Section 38

11 and is amended to read as follows:

12 “Sec. [24] 38. Prohibited Acts. In addition to the prohibited
13 acts provided by law, it shall be unlawful:

4 “[24.1]38.1. For any officer or employee of the Philippine
15 government to influence or attempt to influence any person covered
16 by this Act to vote, or not to vote, for a particular candidate.
v7 Nothing in this Act shall be deemed to prohibit free discussion
18 regarding politics or candidates for public office.

19 “[24.2]88.2. For any person to deprive ANOTHER [any
20 person] of any right secured in this Act, or to give false information
21 as to HER/his[/her] name, address, or period of residence for the
2 purposes of establishing HER/his[/her] eligibility or ineligibility to
23 register or vote under this Act; or to conspire with another person for
24 the purpose of encouraging the giving of false information in order to

3 establish the eligibility or ineligibility of any individual to register or


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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] 38.3. For any person to STEAL, CONCEAL,
ALTER, DESTROY, MUTILATE, MANIPULATE, OR IN ANY
WAY tamper with [the ballot] the mail containing the ballots for
overseas absentee voters, THE BALLOT, the election returns,
[including the destruction, mutilation and manipulation thereofi]
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] 38.4. For any deputized agent to refuse without
justifiable ground, to serve or serving, or to comply with his/her
sworn duties after acceptance of his/her appointment;

“(24.6)” 38.5. 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 materiall, or post the
same in websites] without the prior approval of the Commission;

“[24.7] 38.6. 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


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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] 38.7. For any person who, after being deputized by
the Commission to undertake activities in connection with the

ist, in whatever

implementation of this Act, shall campaign for or a:
manner, candidates in the elections;

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

“[24.9] 88.9. For any person who is not a citizen of the
Philippines to participate, by word or deed, directly or indirectly
through qualified organizations/associations, in any manner and at
any stage of the Philippine political process abroad, including
participation in the campaign and elections.

“The provision of existing laws to the contrary,
notwithstanding, and with due regard to the Principle of Double
Criminality, the prohibited acts described in this section are
electoral offenses and 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]38.3 hereof without the benefit of the operation of the


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Indeterminate Sentence Law. If the offender is a public officer or a
candidate, the penalty shall be prision mayor in its maximum
period. In addition, the offender shall be sentenced to suffer
perpetual disqualification to hold public office and deprivation of the
right to vote.”

“[Immigrants and permanent residents who do not resume
residence in the Philippines as stipulated in their affidavit under
Section 5(d) within three (3) years after approval of his/her
registration under this Act and yet vote in the next elections
contrary to the said section, shall be penalized by imprisonment of
not less than one (1) year, and shall be deemed disqualified as
provided in Section 5(c) of this Act. His/her passport shall be

stamped "not allowed to vote.]”

Sec. 39. Section 25 of the same Act is hereby renumbered as Section 39

and is amended to read as follows:

“Sec. [25] 39. Joint Congressional Oversight Committee.
- A Joint Congressional Oversight Committee is hereby created,
composed of the Chairman of the Senate Committee on
Constitutional Amendments, Revision of Codes and Laws, and
seven (7) other Senators designated by the Senate President, and
the Chairman of the House Committee on Suffrage and Electoral
Reforms and seven (7) other Members of the House of
Representatives designated by the Speaker of the House of

Representatives: Provided, That, of the seven (7) members to be


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designated by each House of Congress, four (4) should come from
the majority and the remaining three (3) from the minority.

“[The Joint Congressional Oversight Committee shall have
the power to monitor and evaluate the implementation of this Act.
It shall review, revise, amend and approve the Implementing Rules
and Regulations promulgated by the Commission.]”

Sec. 40. Sections 26, 27, 28 and 29 of the same Act are hereby
renumbered accordingly.

Sec. 41. A new Section 44 is hereby inserted to read as follows:

“Sec. 44. 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.”

Sec. 42. 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. 43. Repealing Clause - All laws, presidential decrees, executive
orders, rules and regulations, other issuances, and parts thereof, which are
inconsistent with the provisions of this Act, are hereby repealed or modified
accordingly.

Sec. 44. 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,

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