• 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
The Overseas Absentee Voting Act of 2003, officially known as Republic Act 
No. 9189 provides for a system where citizens of the Philippines currently residing 
or working overseas can exercise their constitutional right to suffrage. 
In the May 2010 National Elections, only about 153,300 Filipinos cast their 
votes via OAV, which is a small fraction of the estimated 10 million overseas 
Filipinos. 
Some of the factors behind the low turnout include the distance of OAVs 
from voting posts and the requirement to execute an Affidavit of Intent to Return 
which states that one will return to the Philippines to take up permanent residence 
not later than three years after the approval of registration as an OAV. 
This bill seeks to amend Republic Act No. 9189 by removing the requirement 
for execution of an Affidavit of Intent to Return, creating a Resident Election 
Registration Board and allowing the conduct of field or mobile registration in posts 
outside.Philippine embassies, among others. 
With the foregoing proposals, it is expected that OAVs will have greater 
participation in the next elections, hence, the passage of this measure is earnestly 
sought. 
FRANCIS G. ESCUDERO 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
firsl Reglliar Session 
) 
) 
) 
SENATE 
S. B. No. 2124 
Introduced by Senator FRANCIS G. ESCUDERO 
"AN ACT 
, I, 
AMENDING REPUBLIC ACT NO. 9189 OTHERWISE KNOWN AS "TIlE 
OVERSEAS ABSENTEE VOTING ACT OF 2003" 
Be il en(lcted by lhe Sennte and the House of Representatives of the Philippll1es in Congress 
II sse 111 bici I: 
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Section·1. Section 3 of Republic Act No. 9189, otherwise known as "The Overseas 
2 
Absentee Voting Act of 2003" is hereby amended to read as follows: 
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"Sec. 3. Definition of Terms. - For pmposes of this Act: 
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[c] A. "eerUfied Usl of Oversells Absenlee Volers" refers to the list of registered 
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overseas absentee voters whose applications to vote in absentia have been 
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approved by the Commission, said list to be prepared by the Committee 
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on OVERSEAS Ahsentee Voting of the Commission, on a coul1try-by-
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counlly AND POST BY POST basis. The list shall be approved by the 
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Commission in an en banc resolution; 
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b. 
"Col'llll1issicJ1l" refers to the Commission on F.leclions; 
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C. "COMMl'lTt:t: ON OVERSt:AS ABSt:N'l'Et: VOTlNG ((,OA V)" REFERS TO 
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TIlE COMMITTEE OF TITE COMMISSION TASKED TO OVERSEE 
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AND SUPERVISE THE EFFECTIVE IMPLEMENTATION OF THE 
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OVERSEAS ABSENTEE VOTING LAW; 


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d. "OilY 0/ Election" refers to the actlwl dale of elections in the Philippines; 
E. "OTA OVEI<SEAS ABSENTEE VOUNG SECRETARIAT (1)1 'A-
OAVSr REFURS TO TIlU SUCRETAlUAT BASH) AT TIlE 
DEPARTMENT OF FOREIGN AFFAIRS (DFA) HOME OFFICE 
TASKED TO DIRECT, COORDINATE AND OVERSEE TIlE 
DEPARTMENT'S PARTICIPATION IN THE IMPJ.EMENTATION 
01' TIlE OVERSEAS ABSENTEE VOTING LAW (OA VL); 
I". "nHn l<EGlS'11<A'J'ION" REFERS TO TIlE CONDUCT 01' 
REGISTRATION 01' OVERSEAS ABSENTEE VOTERS AT PRE-
DETERMINED LOCATIONS, EITHER IN THE PHILIPPINES, AS 
MAY BE DETERMINED BY TIlE COMMISSION, OR OUTSIDE 
TIlE POSTS, UPON TITE l'AVORABLU RECOMMENDATION OF 
THE DFA-OAVS, BOTH BEING OF LIMITED DURATION AND 
BASED 
ON 
THE 
GUIDELINES 
PRESCRIBED 
BY 
THE 
COMMISSION FOR THAT EXCLUSIVE PURPOSE; 
C. "MOJ3IJJ: RT:CfSTRATION" 
REFERS TO THE CONDUCT OF 
REGISTRATION OF OVERSEAS ABSENTEE VOTERS 
AT 
VARIOUS LOCATIONS OUTSIDE THE POSTS, OTHER THAN AT 
FIELD REGISTRATIONS, 
UNDERTAKEN AS PART OF TIlE 
POSTS' MOBILE CONSUJ.AR AND OUTREACH ACTIVITIES TO 
FILIPINOS WITHIN THEIR JURISDICTIONS; 
H. "MUNICII'AJJTY/CITY/DISTR1CT 
RTC1STRY 
OF 
OVJ:RSTAS 
ABSTNTrT VOTrRS (ROA Vr REFERS TO THE CONSOJ.IDATED 
LIST PREPARED, APPROVED AND MAINTAINED BY THE 
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COMMISSION FOR EVERY MUNICIPALl'J'Y/CITY/DISTRICT, OF 
OVERSEAS ABSENTEE VOTERS WIIOSE APPLICATIONS FOR 
REGISTRATION AS SUCIl, INCLUDING THOSE REGISTERED 
VOTF.RS UNDER REPUBT.IC ACT NO. 8189 WHO APPT.IED FOR 
CERTIFICATION AS OVERSEAS ABSENTEE VOTERS, HAVE 
BEEN APPROVED BY THE ELECTION REGISTRATION BOARD 
AND/OR RESIDENT F.LF.CTION REGISTRATION BOARD; 
[eJI. "NallOnal Regislry of Absel)lee Volers" refers to the consolidated list 
prepared, approved and maintained by the Commission, of overseas 
absentee voters whose applications for registration as absentee voters, 
includinf', those ree,istered voters UNDER REPUBLIC ACT NO. 9189 
who have applied to be certified as absentee voters, have been 
approved 
by 
the 
RESIDENT 
Election 
Registration 
Board, 
INDICATING THE POST WHF.RE THE OVERSEAS ABSENTEE 
VOTER IS REGISTERED; 
if] J. "Overseas Absenlee Voler" refers to a citizen of the Philippines who is 
qualified to ref',ister and vote under this Act, not otherwise disqualified 
by law, who is abroad on the day of elections; 
lal K."OVF.RSEAS Absentee Votinf'," refers to the process by which 
qualified citizens of the Philippines abroad exercise their right to vote; 
L. 
"POSTS" 
REFERS 
TO 
THE 
PHIUPPINE 
EMBASSIES, 
CONSULATES, FOREIGN SERVICE ESTABT.ISHMF.NTS 
AND 
OTHER PIIILIPPINE GOVERNMENT AGENCIES MAINTAINING 
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OFFICES ABROAD AND HAVING JURISDICTION OVER THE 
PLACES WHERE THE OVERSEAS ABSENTEE VOTERS RESIDE; 
M. "lU::SIDENT ELEcnON REGISTI{ATION BOARD O{EIW)" REFERS 
TO THE IN-HOUSE ELECTION REGISTRATION BOARD OF THE 
COAV COMPOSED OF THREE (3) RANKING OFFICIALS FROM 
TIlE COMMISSION, WITH A REPRESENTATIVE EACH FROM 
TIlE DEPARTMENT OF FOREIGN AFFAIRS 
(DFA) AND TIlE 
DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE), THE 
MAIN FUNCTIONS OF WHICH ARE TO PROCESS, APPROVE OR 
DISAPPROVE ALL APPUCATIONS FOR REGISTRATION AND/OR 
CERTIFICATION 
AS 
OVERSEAS 
ABSENTEE 
VOTERS, 
I NCLUDING 
DEACTIVATION, 
REACTIV A T10N 
AND 
CANCELLATION 01' REGISTRATION RECORDS; 
N. "STAFARJ:RS" REFER TO SHIP OFFICERS 
AND RATINGS 
MANNING SHIPS, INCLUDING OFFSHORE WORKERS, SERVICE 
PROVIDERS AND FfSIIERMEN, AS DEFfNED IN TIlE REVISED 
RULES ON THE ISSUANCE or' 'SEAFARER'S IDENTIFICATION 
AND 
RECORD 
BOOK' 
OF 
THE 
MARITIME 
INDUSTRY 
AUTIIORITY; 
O. "SPIXIAL BALLOT RECEP'1'10N AND CUSTODY GROUP (SBRCG)" 
REFERS TO THE GROUP CONSTrrUTED BY THE COMMISSION 
TO RECEIVE AND TAKE CUSTODY OF ALL ACCOUNTABI.E AND 
OTJIEH. ELECTION FORMS, SUPPLIES AND PARAPHERNALIA 
FROM TIlE COAV FOR TRANSMITTAL TO TIlE 'SPECIAL 
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BOARDS OF ELEcnON INSPECTORS' AND 'SPECIAL BOARDS 
OF CANV ASSERS'; 
1'. "SPECIAL BOARD or CANVASSERS (SHOC)" REFERS TO TilE 
BODY DEPUTIZED BY THE COMMISSION TO CANVASS THE 
OVERSEAS 
ABSENTEE 
VOTING 
ELECTION 
RETURNS 
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SUBMITTED TO IT BY TIlE SPECIAL BOARD OF ELECTION 
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INSPECTORS; 
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Q. "SPTCIAJ. BOARD OF nTCTION INSPTCTORS (SBn)" REFERS TO 
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THE BODY DEPUTIZED BY THE COMMISSION TO CONDUCT 
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TIlE VOTING AND COUNTING OF VOTES; 
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R. "SYSTEM or CONUNUING REGISTRATION" REFERS TO TilE ACT 
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OF ACCOMPLISHING AND FILING OF A SWORN APPJ.ICATION 
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FOR REGISTRATION AND/OR CERTIFICATION BY A QUALIFIED 
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OVERSEAS 
ABSENTEE 
VOTER 
BEFORE 
TIlE 
PERSONNEL 
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DEPUTIZED BY TilE COMMISSION WITIIIN ONE (1) YEAR 
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BEFORE THE START OF THE VOTING PERIOD AND OF 
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INCLUDING THE SAME IN THE NROA V UPON APPROVAL BY 
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THE RERB; 
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S. "VOTING PTRIOD" REFERS TO A CONTINUOUS THIR'fY (30)-
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DAY PERIOD, THE LAST DAY OF WHICH IS THE DAY OF 
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ELECTION, INCLUSIVE 01' ESTABLISHED HOLIDAYS IN TilE 
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PHILIPPINES AND OF SUCH OTHER HOLIDAYS IN THE HOST 
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COUNTRIES." 
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Sec. 2. Section 4 of the same Act is hereby amended as follows: 
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"Sec. 4. Coverage. - All citizens of the Philippines abroad, who are not 
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otherwise disqualified hy law, a[least eighteen (18) years of age on the day of 
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elections, may vote for Plplresident, V[vlice-PlpJresident, senators and parly-
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list representatives, AS WET.I. AS IN ALI. NATIONAL REFERENDA AND 
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I'LEIHSCITllS." 
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Sec. 3. Section 5 of the same Act is hereby amended as follows: 
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"Sec. 5. Disqualifications, - 'l11e following shall he disqualified from 
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voling under this Act: 
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/I a) 
Those who have lost theil' Filipino citizenship 111 accordance with 
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Philippine laws; 
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"b) 
Those who have expressly renounced their Philippine citizenship and 
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who have pledged allegiance to a foreign countTY, EXCEPT TnOSE 
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WIIO BAVE REACQUIRED OR RETAINED TIIEIR I'llILlPPINE 
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CITIZENSIIII' UNDER REPUBLIC ACT NO. 9225, OTIlERWISE 
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KNOWN 
AS 
THE 
"CrrIZENSHIP 
RETENTION 
AND 
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REACQUISITION ACT OF 2003"; 
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" ) 
c 
Those who have committed and are convicted in a final judgment by a 
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PHIJ.IPPINE court or h'ibunal of an offense punishable by 
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imprisonment of not less than one (1) year, lincluding those who have 
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committed and been found guilly of Disloyally as defined under 
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Article 137 of the Revised Penal Code] such disability not having been 
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removed by plenary pardon or amnesty: Provided, however, That any 
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person disqualified to vote under this subsection shall automatically 
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acquire the right to vote upon TIlE expiration of five (5) years after 
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service of sentence, AND; [Provided, further, That the Commission may 
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take cognizance of final judgments issued by foreign courts or 
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tribunals only on the basis of reciprocity and subject to the formalities 
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and processes prescribed by the Rules of Court on execution of 
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judgments;] 
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I" d) An immigrant or a permanent resident who is recognized as such 
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in the host country, unless he/she executes, upon registTation, an 
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affidavit prepared for the purpose by the Commission declaring that 
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he/ she shall resume actual physical permanent residence in the 
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Philippines not later than three (3) years from approval of his/her 
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registration under this Act. Such affidavit shall also slate that he/she 
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has not applied for citizenship in another country. Failure to return 
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shall be the cause for the removal of the name of the immigrant or 
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permanent resident from the National Regish·y of Absentee Voters and 
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his/ her permanent disqualification to vote in absentia[. 
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Ie] D. "Any ciUzen of the Philippines abroad previously declared 
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insane or incompetent by competent authority in the Philippines or 
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abroad, as verified by the Philippine embassies, consulates or foreign 
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service, establishments concerned, unless such competent authority 
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subsequently certifies that such person is no longer insane or 
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incompetent." 
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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 
CERT1l1CA'lION. - Registration AND/OR CERTIFICATION as an overseas 
absentee voter shall be done in person AT ANY POST ABROAD OR AT 
DESIGNATED REGISTRATION CENTERS OU'l'SIDE THE POST OR IN 
THE PHlJ.IPPINES APPROVED BY THE COMMISSION. 
"I Qualified citizens of the Philippines abroad who failed to register 
under l{epublic Act No. 8189, otherwise known as the "The Voters 
Registration Act of 1996", may personally apply for registration with the 
Election Registration Board of the city or municipality where they were 
domiciled immediately prior to their departure from the Philippines, or with 
the representative of the Commission at the Philippine embassies, consulates 
and other foreign service establishments that have jurisdiction over the 
locality where they temporarily reside. Subject to the specific guidelines 
herein provided, the Commission is hereby authorized to prescribe additional 
procedures for overseas absentee registration pursuant to the provisions of 
Republic Act No. 8189, whenever applicable, taking into strict consideration 
the time zones and the various periods and processes herein provided for the 
proper implementation of this Act. The embassies, consulates and other 
foreign service establishments shall transmit within (5) days from receipt the 
accomplished registration forms to the Commission, after which the 
Commission shall coordinate with the Election Officer of the city or 
mnnicipality of the applicant's stated residence for verification, hearing and 
annotation 
in 
the 
permanent 
list 
of 
voters. 
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"[ 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 £01' 
the 
period within which 
applications 
to 
register must be 
filed. 
In the case of seafarers, the Conunission shall provide a special mechanism 
for the lime and maImer 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, 11le 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 willl0ut waiting for the quarterly meeting of the Board. The 
applicant shall be notified of the approval or disajJproval of his/her 
application by registered mail. 
"16.3. In the event that an objection to tile 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 
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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 
offic(~r 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. 
"16.6. 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. 
"16.7. If the application has been disapproved, the applicant or his 
authorized representative shall, within a period of five (5) days fro111 receipt 
of the notice of disapproval, have the right to file a petition for inclusion with 
the proper municipal or metropolitan trial courL The petition shall be decided 
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within five (5) days after its filing on the basis of documents submitted in 
connection therewith. 
"I Qualified citizens of the Philippines abroad, who have previously 
rceistered as voters purslranl 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 alUlOtation in the Certified 
Voters' List]" 
"FIELD AND MOBILE REGISTRATION CENTERS SHALT. BE SET 
UP BY THE POSTS CONCERNED TO ENSURE ACCESSIBIJ.ITY 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 
TIlE 
GUIDELINES 
AND 
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PROCEDURES DETERMINED BY THE COMMISSION, PROVIDED 
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TlIAT TlIE AI'I'ROPRIATE TECHNOLOGY WILL ENSURE ADEQUATE 
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SECURITY AND VOTER AUTHENTICITY." 
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Sec. 5. A new Section 7 is hereby inserted to read as follows: 
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"SJ:c. 7. RJ:SrDJ:NT n.J:CTION RJ:CISTRATION BOARD (RJ:RB); 
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COMPOSITION, POWERS AND ElTECT. - THE COMMISSION SHALL 
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APPOINT AS MANY RESIDENT ELECTION REGISTRATION BOARDS 
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(RERBs) AS THERE ARE APPLICATIONS TO PROCESS AND FOR SUCH 
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DURATION AS MAY BE NECESSARY. 
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"THE RERB SHALL BE COMPOSED OF THREE RANKING 
OFFICIALS l'ROM TIlE COMMISSION, TIlE IJIGIrEST RANKING OF 
WIIOM SIIALL SERVE AS CIIAIRPERSON, WITU 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 CERTII'ICATION 
AS OVERSEAS ABSENTEE VOTERS, INCLUDING DEACTIVATION, 
REACTIVATION 
AND 
CANCELLATION 
OF 
REGISTRATION 
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RECORDS. 
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"7.2 TIIE RERB 
SIIALL UAVE TIlE SOLE POWER AND 
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AUTHORITY TO APPROVE OR DISAPPROVE THE APPLICATION FOR 
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REGISTRATION AND/OR CERTIFICATION." 
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Sec. 6. A new Section 8 is hereby inserted to read as follows: 
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"STC. 8. DUnTS AND FUNCTIONS OF THT RTRR -
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"8.1. 
UPON 
RECEIPT 
OF 
TITE 
APPLICATIONS 
FOR 
REGISTRATION AND/OR CERTIFICATION FROM THE POSTS AND 
FROM THE DULY DESIGNATED REGISTRATION CENTERS IN THE 
PlIlLIPPINES, TITE RERB SIIALL SCHEDULE TIfE HEARING OF TIrE 
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 
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WEEKLY UPDATED PUBLICATION IN THE WEBSI'J'ES OF THE 
COMMISSION, TIlE DFA-OA VS, THE DOLE AND OF ACCREDITED 
FILIPINO CIVIL SOCIETY ORGANIZATIONS AND TO POST TilE 
NAMES IN CONSPICUOUS PLACES NEAR THE PLACE WHERE RERB 
WILL HOLD T'J'S HEARINGS. 
"8.2. ANY PARTY MAY FILE AN OBJECTION TO THE 
APPLICATION WrrHIN SEVEN ('7) DAYS AFTER THE PUBJ.ICATION 
OR POSTING 01' TIlE NAMES 01' TIlE APPLICANTS. IN CASE OF 
DISAPPROV AL OF TIlE APPLICATION l'OR REGISTRA nON AND/OR 
CER'J'lFICATION, THE RERB SHALL NOTIFY THE APPLICANT, OR 
HERfHIS AUTHORIZED REPRESENTATIVE IN THE PHILIPPINES, 
WITIIIN FIVE (5) 
DAYS FROM TilE DATE OF DISAPI'ROV AL, 
STATING THE REASONS THEREFOR. 
"8.3. THE RERB SHALL INCLUDE THE NAMES OF THE 
APPLICANTS WITH APPROVED APPLICATIONS IN THE NA'J'IONAL 
REGISTRY OF OVERSEAS ABSENTEE VOTERS (NROAV) AND IN THE 
CERTIFIED LIST OF OVERSEAS ABSENTEE VOTERS (CLOAV) IN THE 
POSTS WHERE TIlEY INTEND TO VOTE, 
SUBJECT TO TIlE 
APPROVAL OF THE COMMISSION EN BANe. THE NAMES OF 
APPLICANTS 
WITH 
APPROVED 
APPT.ICATIONS 
SHALL 
BE 
PUBLISIIED IN TIlE WEBSITES OF TIlE COMMISSION, TIlE DFA, TIlE 
DOLE 
AND 
TIlE 
ACCREDITED 
FILII'INO 
CIVIL 
SOCIETY 
ORGANIZATIONS. 
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"S.4. APPROV AT. OF THE RERB ON APPLICATIONS FOR 
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REGISTRATION OR CERTIFICATION SHALL BE IMMEIJIATELY 
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EXECUTORY, UNLESS REVERSED OR SET ASIDE BY l'INAL AND 
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EXECU['ORY 
JUDGMEN'!' 
BY 
A 
COURT 
OF 
COMPETENT 
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JURISDICTION. 
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"S.S. THE RERB SHATJ. PERFORM SUCH OTHER DUTIES AS 
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MAY BE CONSISTENT WITH ITS FUNCTIONS, AS PROVIDED IN THIS 
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ACT." 
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Sec. 7. A new Section 9 is hereby inserted to read as follows: 
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"STC.9. PTTITON FOR INCT.USION/TXCT.USION-
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"9.1. PTTITION FOR TXCT.USION. - IF THE APPLICATION HAS 
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BEEN APPROVED, ANY INTERESTED PARTY MAY FILE A PETITION 
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FOR EXCLUSION NOT LATER THAN ONE HUNDRED EIGHTY (180) 
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DAYS BEFORE TIlE DAY OF ELECTIONS WITH TIlE PROPER 
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MUNICIPAL / METROPOLITAN TRIAL COURT, F.ITHER WHERE THE 
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RERB SITS, OR WHERE TIlE OVERSEAS ABSENTEE VOTER RESIDES, 
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AT TIlE OPTION OF TIlE PETITIONER. 
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"THE PETI'l'ION SHATJ. BE DECIDED ON THE BASIS OF THE 
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DOCUMENTS SUBMITTED WITHIN FIFTEEN (15) DAYS FROM rrs 
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FILING, BUT NOT LATER THAN ONE HUNDRED TWENTY (120) DAYS 
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BEFORE TIlE START OF TIlE VOTING PERIOD. SHOULD THE COURT 
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FAIT. TO RENDER A DECISION· WrrHIN THE PRESCRIBED PERIOD, 
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THE RUI.ING OF THE RERB SHALL BE CONSIDERED AFFIRMED." 
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"9.2. PETITION FOR INCJ,USION. - IF THE APPLICATION HAS 
BeeN DISAPPROVeD, TIW APPLICANT OR lIeH/IIlS AUTIIORIZeD 
IWPReSeNTATIVe SHALL HAVe TTW RIGlIT 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 SIIALL Be DeCIDeD WlTIIIN l'lVJ:: (5) DAYS AFTeR ITS 
FILING 
ON TIW 
BASIS 
OF DOCUMENTS 
SUBMITTED. TIlE 
RESOLUTION OF THE RERB SHALL BE IMMEDIATELY EXECUTORY, 
UNLESS REVERSED OR SET ASIDE BY THE COURT. 
"WITHIN TEN ClO) DAYS FROM RECEIPT OF NOTICE DENYING 
THE MOTION FOR RECONSIDERATION, THE APPLICANT MAY FILE 
A PETITION FOIt INCLUSION WITH TIlE PROPER MUNICIPAL I 
METROPOLITAN TRIAL COURT, EITHER WIIERE TIlE RERB SITS, OR 
WHERE THE OVERSEAS ABSENTEE VOTER RESIDES, AT THE 
OPTION OF THE PETITIONER. 
"TIlE PETITION SHALL Be DECIDED ON TIlE BASIS OF TIlE 
DOCUMENTS SUBMITTED WITHIN FIFTEEN (15) 
DAYS FROM 
FILING, BUT NOT LATER THAN ONE HUNDRED 'lWENTY (120) DAYS 
BEFORE THE START OF THE VOTING PERIOD. SHOULD THE COURT 
FAIL TO RENDER A DECISION WI'l'HIN THE PRESCRIBED PERIOD, 
TIlE ReRB RULING SHALL BE CONSIDEReD AFFIRMED. 
"QUALIFWD PIIILII'PINE CITIZeNS ABROAD WIIO IIA VE 
PREVIOUSJ,Y REGISTERED AS VOTERS PURSUANT TO REPUBLIC 
ACT NO. 8189 
SHALL APPLY FOR CERTIFICATION AS ABSENTEE 
15 


1 
VOTERS AND FOR INCLUSION IN THE NROAV. IN CASE OF 
2 
AI'I'ROV AL, 
TIlU 
aUCTION 
OFFICUR 
CONCURNUD 
SIIALL 
3 
ANNOTATU TIIU NAMU OF TIIU VOTER IN TilE CERTIFIED VOTERS 
4 
LIST AND IN HER/HIS VOTER'S REGISTRATION RECORDS." 
5 
Sec. 8. I\. new Section 10 is hereby inserted 10 read as follows: 
6 
"STC.l0. TRANSFTR OF RTCISTRATION RTCORD. -
IN THE 
7 
EVENT OIl CIIANGU OF VOTING VUNUU, AN OVURSEAS AI3SUNTEE 
8 
VOTER MUST FILU AN AI'PUCATION ji()!{ TRANSFER OF 1IE1{jfIlS 
9 
REGISTRATION 
RECORD 
TO 
THE 
COAV, 
THROUGH 
ITS 
10 
CHAIRMAN, AT LEAST ONE HUNDRED EIGHTY (180) DAYS PRIOR 
11 
TO TIlU NUXT NATIONAL aUCTIONS; PIWVf1)ED, THAT TIlOSU 
12 
WHO WOULD UVUNTUALLY VOTU IN TIIU PIIILII'I'INES SHOULD 
13 
REGISTER WITHIN THE TIME FRAME PROVIDED FOR LOCAL 
14 
REGISTRATION IN THE MUNICIPALITY, CITY OR DISTRICT WHERE 
15 
TIlEY INTUND TO VOTE AND; PROVIDED, rUKllIER, THAT TIIOSU 
16 
WlIO HAVU 
RUGISTURUD 
IN TIIU 
MUNICIPALITY, CITY OR 
17 
DISTRICT WHERE THEY RESIDED PRIOR TO THEIR DEPARTURE 
18 
ABROAD NEED NOT REGISTER ANEW; I'ROVIDTD, FINAlJ,Y, THAT 
19 
THU APPLICANTS SIIALL NOTIFY TIIU COA V, THROUGH ITS 
20 
CHAIRMAN, OF TTIEIR TRANSFUR IN TIlE PIIILIPPINUS AT LEAST 
21 
ONE HUNDRED EIGHTY (180) DAYS PRIOR TO THE NEXT NATIONAL 
22 
ELECTIONS FOR PURPOSUS OIl CANCULLING TIIUIR NAMES IN THU 
23 
CLOA V AND OF RUMOVING TIIEIR OVERSUAS AI3SENTUE VOTUR'S 
24 
REGISTRATION RECORDS FROM THE BOOK OF VOTERS". 
16 


1 
Sec. 9. Section '7 of the same Act is hereby renumbered as Section 11 and IS 
2 
amended to read as follows. 
3 
"Src. [7Jll. - System of Continuing Registration. - The Commission 
4 
shall ensure that the benefits of the system of conlinuine reeistration are 
5 
extended to qualified overseas absentee voters. REGISTRATION SHALL BE 
6 
CONDUCTED AT LEAST ONE (1) YEAR BEFORE TIlE START OF TIlE 
7 
VOTING PERIOD. Towards this end, the Commission IS IshaUI 
8 
AUTHORIZED TO UTILIZE AND optimize tile use cif existing facilities, 
9 
persolUlel and mechanisms of the various government agencies for purposes 
10 
of data eatherine AND I data] validation, information dissemination and 
11 
facilitaLion of fue reeistralion process. 
12 
"TIlE INFORMATION AND DATA ACQUIRED TIIROUGII TIIIS 
13 
PROCESS SHAn BE TREATED AS CONFIDENTIAL AND SHALL BE 
14 
USED SOLELY FOR AND IN CONNECTION WITH TIlE LAWFUL AND 
15 
OI'FICIAL FUNCTIONS OF TIlE COMMISSION, AND FOR TIlE 
16 
PURPOSES INTENDED BY THIS ACT. 
17 
"Pre-departure ORIENTATION programs (I'DOS), services and 
18 
mechanisms offered and administered by the Department of Foreign Affairs, 
19 
Department of Labor and Employment, Philippine Overseas Employment 
20 
Administration, Overseas Workers' Welfare Administration, Commission on 
21 
Filipinos Overseas and BY other appropriate agencies of the government 
22 
AND I'RIV ATE AGENCIES PROVIDING TilE SAME SERVICES SHALL 
23 
INCLUDE THE SAJ.IENT FEATURES OF THIS ACT AND shall be utilized 
17 


1 
2 
3 
4 
for purposes of supporting the overseas absentee registration and voting 
processes, subjeclto SYSTEMS limitations AND THOSE imposed by law. 
"ALL 
EMPLOYMENT 
CONTRACTS 
PROCESSED 
AND 
APPROVED 
BY 
THE 
PHILIPPINE 
OVERSEAS 
EMPLOYMENT 
5 
ADMINISTRATION SHALL CONTAIN THE RIGHT OF THE MIGRANT 
6 
WORKERS TO EXERCISE THEIR CONSTITUTIONAL RIGHT OF 
7 
SUFFRAGE WITHIN THE LIMITS PROVIDED FOR BY THIS ACT." 
8 
Sec. 10. Section 8 of tile same Act is hereby renumbered as Sec. 12 and is amended 
9 
to read as follows: 
10 
"Sec. [8J 12. Requirements for Registration. - Every Filipino registrant 
11 
shall be req [lired to furnish the following documents: 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
°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 lIAS found 
them sufficient to warrant the issuance of a passport, or thai the 
applicant is a holder of a valid passport but is unable to produce the 
same for a valid reason; 
"b) 
Accomplished regish'ation form preSCribed by the Commission, AND; 
1 containing the following mandatory information: 
[" 1. Last known residence of the applicant in the Philippines before 
leav ing for abroad; 
I"ii. Address of applicant abroad, or forwarding address in the case of 
seafarers; 
18 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
["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; 
l"iv.Name and address of applicant's authorized representative in the 
Philippines for purposes of Section 6.7 and Section 12 hereof. 
I"c. In the case of immigrants and permanent residents not otherwise 
disqualified to vote under this Act, an affidavit declaring tile intention 
to resume actual physical permanent residence in the Philippines not 
later than three (3) years after approval of his/her regish'ation as an 
overseas absentee voter under this i\ct. Such affidavit shall also state 
that he/ she has not applied for citizenship in another count'Yl; 
"c). APPLICANTS WIlO AVAILED TIIEMSEL VES OF TIlE 
CITIZENSHIP RETENTION AND REACQUISITION ACT (R.A. 
NO. 9225) SHALL PRESENT THE ORIGINAL OR CERTIFIED 
TRUE COPY OF TIlE ORDER OF APPROV i\L APPROVING TI!EIR 
APPLICATION TO RETAIN OR REACQUIRE THEIR FILIPINO 
CITIZENSHIP 
ISSUED 
BY 
THE 
POST 
OR 
'fHEIR 
IDENTIFICATION CERTIFICATE ISSUED BY TIlE 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 l·equired. 
19 


1 
"ALL 
APPLICA'fIONS 
FOR 
REGISTRA'fION 
AND/OR 
2 
CERTIFICATION 
AS AN OVERSEAS ABSENTEE VOTER SlIALL BE 
3 
CONSTVEREV AS 
APPLICATIONS TO VOTE IN AHSEN'l1A. AN 
4 
OVERSEAS ABSENTEE VOTER IS PRESUMED TO BE ABROAD UNTIL 
5 
SHF/HE APPJ.IES FOR TRANSFER OF HER/HIS REGISTRATION 
6 
RECORDS OR REQUESTS TIIAT llEH/IIIS NAME BE CANCELLED 
7 
FROM THE NROAV." 
8 
Sec. 11. Section 9 of the same Act is hereby renumbered as Section 13 and is 
9 
amended to read as follows: 
10 
"Sec. [9J13. National Registry of Overseas Absentee Volers 
11 
(NROA V). -
The Commission shall maintain a National Registry of 
12 
Overseas Absentee Voters (NROAV) CONTAINING THE NAMES OF 
13 
REGISTERED OVERSEAS ABSENTEE VOTERS AND THE POSTS 
14 
WHERE TIlEY ARE REGISTERED. [Approved applications of overseas 
15 
absentee registmnts shall also be included in the permanent list of voters of 
16 
the city or municipality where the registrant is domiciled, with the 
17 
corresponding annotation that such person has been registered or will be 
18 
voti1l8 as an overseas absentee voter. The registry shall also include those 
19 
registered under Republic Act No. 8189 and who have been issued 
20 
certifications as overseas absentee voters. The entries in the National 
21 
RegislTy of Overseas Absentee Voters and the annotations as overseas 
22 
absentee voters in the Certified Voters' List shall be permanent, and cannot 
23 
be cancelJed or amended except in any of the following cases: 
20 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
"[9.1. When lhe overseas absenlee voler files a leller under oalh 
addressed 10 the Commission that he/she wishes to be removed from the 
Reeistry of Overseas Absentee Voters, or that his/her name be transferred to 
the rceular reeistTY of voters; or, 
"[9.2. When an overseas absentee voter's name was ordered removed 
by the Commission from the Regislry of Overseas Absentee Voters for 
his/her failure to exercise his/her right 10 vote under this Act for two (2) 
consecutive national elections.] 
"LIKEWISE, 
TilE 
COMMISSION 
SHALL 
MAINTAIN 
A 
REGISTRY 
OF 
OVERSEAS 
ABSENTEE 
VOTERS 
(ROA V) 
PER 
11 
MUNICIPALITY, CITY OR DISTRICT CONTAINING THE NAMES OF 
12 
REGISTERED OVERSEAS ABSENTEE VOTERS DOMICILED THEREIN. 
13 
TOWARDS THIS END, THE COAV SHALL PROVIDE EACH AND 
14 
EVERY MUNICIPALITY, CITY OR DISTRICT WITH A ROAV FOR 
15 
TlIEIR REFERENCE." 
16 
Sec. 1.2. A new Section 14 is hereby inserted to read as follows: 
17 
"SJ:C.14. JJJ:ACTIVATION OF RJ:CISTRATION. -
"THF. RF.RB 
18 
SHALL DEACTIVATE AND REMOVE TIlE REGISTRATION RECORDS 
19 
OF THE FOLLOWING PERSONS FROM THF. CORRESPONDING BOOK 
20 
OF VOTERS AND PLACE TIlE SAME, l'ROPERL Y MARKED AND 
21 
DATED, IN THE INACnVE FILF. AFTER ENTERING THE CAUSErS) OF 
22 
DEACnVATlON. 
THE 
FACT 
OF 
DEACTIVATION 
SHALL 
BE 
23 
ANNOTATED IN THE NROAV AND TIlE CORRESPONDING ROA V: 
21 


1 
"A). ANY PERSON WHO HAS BEEN SENTENCED BY FINAL 
2 
JUDGMENT TO SUI'FER IMPRISONMENT FOR NOT LESS TIIAN ONE 
3 
(1) YEAR, SUCII DISABILITY NOT IIA VING BEEN REMOVED BY 
4 
PLENARY PARDON OR AMNESTY; PROVIDED, HOWEVER, THAT 
5 
ANY PERSON DISQUAI.IFIED TO VOTE UNDER THIS PARAGRAPH 
6 
SHALL AUTOMATICALLY REACQUIRE THE RIGHT TO VOTE UPON 
7 
THE EXPIRATION OF FIVE (5) YEARS AFTER SERVICE OF SENTENCE, 
8 
AS CERTIFIED BY THE CLERKS 01' COURTS OF TIlE MUNICIPAL / 
9 
MUNICIPAL CIRCUIT / METROPOLITAN / REGIONAL TRIAL COURTS 
10 
AND THE SANDIGANBAYAN; 
11 
"B). ANY PERSON DECLARED BY COMPETEN'r AUTHORITY TO 
12 
Bli INSANE OR INCOMPETENT, UNLESS SUCII DISQUALn'ICATION 
13 
HAS BEEN SUBSEQUENTLY REMOVED BY A DECLARATION OF A 
14 
PROPER AUTHORITY THAT SUCH PERSON IS NO LONGER INSANE 
15 
OR INCOMPETENT; 
16 
"c). ANY PERSON WHO DID NOT VOTE IN 'IWO (2) 
17 
CONSECUTIVE NATIONAL ELECTIONS AS SHOWN BY TIIEIR 
18 
VOTING RECORDS, AND; 
19 
"D). 
ANY PERSON WHOSE REGISTRATION 
HAS 
BEEN 
20 
ORDERED EXCLUDED BY THE COURTS." 
21 
Sec. '13. Section 10 of the same Act is hereby renumbered as Section 15. 
22 
Sec 14. Sections 11 and 12 of the same Act are hereby deleted. 
23 
"I Sec. r1. Procedure for Application to Vote in Absentia. -
22 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
"[11.1, Every qualified citizen of the Philippines abroad whose 
application for registration has been approved, including those previously 
registered under Republic Act No, 8189, shall, in every national election, file 
with the officer of the embassy, consulate or other foreign service 
establishment authorized by the Commission, a sworn written application to 
vote in a form prescribed by the Commission, The authorized officer of such 
embassy, consulate or other foreign service establishment shall transmilto the 
Commission the said application to-vote within five (5) days from receipt 
thereof. '111e application form shall be accomplished in triplicate and 
sulnnitted together with the photocopy of his/her overseas absentee voter 
certificate of registration, 
"111.2, )i,very application to vote in absentia may be done personally at, 
or by mail to, the embassy, consulate or foreign service establishment, which 
has jlll"isdiction over the country where he/ she has indicated his/her address 
for purposes of the elections, 
"[11.3. Consular and diplomatic services rendered in cOlU1eclion 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 wilh the Commission 
23 


1 
personally, or by n;gistered mail, within ten (10) days from receipt of the 
2 
notice of disapproval. The Commission shall act within five (5) days from 
3 
receipt of such Molion for Reconsideration and shall immediately nolify the 
4 
voter of its decision. 'ine decision of the Commission shall be final and 
5 
executory. 
6 
"[The Commission shall issue an overseas absentee voter identification 
7 
card to those whose applications to vote have been approved.]" 
8 
Sec. 15. A new Section J 6 of the same Act is hereby inserled 10 read as follows: 
9 
"SIX. 16. REACTIVAll0N or REGISTRATION. - ANY OVERSEAS 
10 
ABSENTEE 
VOTER 
WIlOSE 
REGISTRATION 
HAS 
BEEN 
11 
DEACTIVATED PURSUANT TO THE PRECEDING SECTION MAY FILE 
12 
WITH THE COAV AT ANY TIME, BUT NOT LATER THAN ONE 
13 
HUNDRED TWENTY (120) DAYS BEI'ORE TTIE NEXT NATIONAL 
14 
ELECTIONS, A SWORN APPLICATION FOR REACTIVATION OF 
15 
TlER/IIIS REGISTRATION IN TTIE FORM OF AN AFI'JDAVIT STATING 
16 
THAT TilE GROUNDS FOR TIIE DEACTIVATION NO LONGER EXIST. 
17 
"THE COAV SHAJ.I. SUBMIT SAID APPJ.ICATION TO THE RERB 
18 
FOR APPROPRIATE ACTION." 
19 
Sec. 16. A new Section 17 of the same Act is hereby inserted to read as follows: 
20 
"SEC.l7. CANCELLATION or REGISTRATION. - TIlE RERB SHALL 
21 
CANCEL TIJE REGISTRATION RECORDS OF TIJOSE WHO HAVE 
22 
DIED, AS CERTIl'IED BY EITHER TIlE POSTS OR BY TIfE LOCAL CIVIL 
23 
REGISTRAR, AND THOSE WHO HAVE BEEN PROVEN TO HAVE LOST 
24 
THEIR I'lLIPINO CITIZENSHIP." 
24 


1 
Sec. 17. A new Section 18 of the same Act is hereby inserted to read as follows: 
2 
"SIX. 18. VOTERS EXCLWJED lTWM TIlE NIWAV '11IIWUGII 
3 
INADvt:J<1'ENCE. - ANY RliGISTERliD OVliRSEAS ABSliNTlili VOTER 
4 
WHOSE NAME HAS BEEN INADVERTENTT.Y OMITTED FROM THE 
5 
NROA V MAY, PliRSONALL Y OR THROUGII IIIS AUTIIORIZED 
6 
REPRESENTATIVE, FIT.E WITH THE COAV OR WITH THE POST 
7 
IIA VING 
JURISDICTION 
OVliR 
IIliR/IIIS 
RliSIDENCli, 
AN 
8 
APPLICATION UNDliR OATIl FOR RliINSTATliMENT NOT LATER 
9 
THAN ONE HUNDRED IWENTY (120) DAYS BEFORE THE START OF 
10 
THE VOTING PERIOD. 
11 
Sec. 18. A new Section 19 of the same Act is hereby inserted to read as follows: 
12 
"SIX. 19. APPJ.lCATION FOR CORRECTION OF ENTRIES AND 
13 
CHANCE OF NAME. - ANY REGISTERED ABSENTEE VOTER MAY FIT.E 
14 
WITII TIlE COAV, OR WITH TIlE POST BAVING JURISDICTION 
15 
OVER I1EH/ITIS RliSIDliNCE, NOT LATER THAN ONE IlUNDRliD 
16 
TWliNTY (120) DAYS BEl'ORli TIW START OF TIlE VOTING I'ERIOD, 
17 
AN APPLICA'J'ION UNDER OATH FOR THE CORREC'J'ION OF 
18 
MISSPEJJ.ED NAME OR OTHER ENTRIES; CHANGE OF NAME BY 
19 
REASON OF MARRIAGli, DliATlI 01' HUSBAND, OR BY VIRTUE OF A 
20 
COURT ORDliR; AND/OR CIIANGE OR CORRliCTlON OF ANY liNTRY 
21 
IN THE NROA V, CT.OAV AND THE VOTER'S IDS." 
22 
Sec. 19. Section 13 of the same Act is hereby renumbered as Section 20 and is 
23 
amended to read as follows: 
25 


1 
"Sec.[13] 20 . Preparation and Posting of Certified List of Overseas 
2 
Absentee Voters. - The Commission shall prepare the CLOAV [Certified List 
3 
of Overseasl within one hundred twenty (120) days before every NATIONAL 
4 
eleclion, and fl1rnish within the same period ELECTRONIC AND HARD 
5 
copies thereof to the appropriate POSTS [embassies, consulates and other 
6 
foreign service establishments], which shall post the same in their bulletin 
'7 
boards AND/OR WEJ3SITES within ten (10) days from receipt thereof. 
8 
"Subject to reasonable regulation and the payment of fees in such 
9 
amounts as may be fixed by the Commission, the candidates, polilical parties, 
10 
accredited citizens' arms AND all other interested persons I and all embassies, 
11 
consulates and other foreign service establishments] shall be furnished copies 
12 
thereof; PROVIDED, 'lILAT NGO AND OTHER CIVIL SOCIETY 
13 
ORGANIZATIONS ACCREDITED BY AND WORKING WITU TIlE 
14 
COMMISSION AS PAiUNERS ON OVERSEAS VOTERS' EDUCATION 
15 
AND PARTICII'ATTON SHALL BE EXEMPT FROM TIlE PAYMENT OF 
16 
FEES." 
17 
Sec. 20. Section 14 of the same Act is hereby renumbered as Section 21 and is 
18 
amended to read as follows: 
19 
"Sec. [14J 21. Printing and Transmittal of Ballots, Voting Instructions, 
20 
Election Forms and Paraphernalia. -
21 
"[14.1] 21.1. The Commission shall cause the printing of ballots for 
22 
23 
24 
overseas 
absentee 
voters, 
Ivoline 
instructions, I and 
ALL 
OTHER 
ACCOUNTABLE election forms in such number as may be necessary, but in 
no case shall lill THEY exceed the tolal number of approved applications. 
26 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
Security markings shall be used in the printing of ballots for overseas 
absentee voters. 
''1"14.2]21.2. 
The Commission shall present to 
the authorized 
representatives of the Department of Foreien 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 transrniltalto the POSTS r embassies, consulates and 
other foreign service establishments concerned]. 
"11.4.3121.3. The Commission shall TRANSMIT, AS FAR AS 
PRACTICABLE BUT not later than FORTY Iseventyl-five 175] (45) days 
BEFORE the day of elections, [transmit] by special pouch to the POSTS 
[embassies, consulates and other foreign service establishments,] the exact 
number of ballots for overseas abseptee voters correspondine to the number 
of approved applications, alone with such j"materiais and election 
paraphernalia] ACCOUNT ABLE FORMS necessary to ensure the integrity of 
the election." 
"[14.4]21.4. The authorized representatives of accredited major political 
parties shall have the right to be present in all phases of printing, transmittal 
and casting of ballots abroad. [Unclaimed ballots properly marked as such, 
shall be cancelled and shipped to the Commission hy the least costly 
method.]" 
"Sec. 21. Section 15 of the same Act is hereby renumbered as Section 22 and is 
amended to read as follows: 
27 


1 
2 
3 
4 
5 
"Sec. 1151 22. Regulation on Campaigning Abroad. 
~ PF.RSONAL 
CAMPAIGNING, [TIthe use of campaign materials, as well as the limits on 
campair,n spending shall be r,overned by the laws and rer,ulations applicable 
in the Philippines AND TO THF. F.XTF.NT ALLOWF.D BY THF. LAWS OF 
HOST 
COUNTRIES; 
PROVIDED, 
THAT, 
ALL 
FORMS 
OF 
6 
CAMP AIGNING ABROAD WITIIIN TIlE 30-DA Y OVERSEAS ABSENTEE 
7 
VOTING PF.RIOD SHAJ.J. BF. PROHIBI'l'F.D." 
8 
Sec. 22. A new Section 23 of the same Act is hereby inserted to read as follows: 
9 
"sr;c. 
23. 
VOTING. 
-
VOTING MAYBE DONE FITHER 
10 
PERSONALLY, BY MAIL, OR BY ANY OTHER MEANS AS MAY BE 
11 
ALLOWED UNDER OTHER EXISTING LAWS. FOR TIIIS PURPOSE, 
12 
THF, COMMISSION SHAJ.J. ISSUE THE NECESSARY GUIDELINES ON 
13 
THE MANNER AND PROCF.DURES OF VOTING. 
]4 
"TIIE COAV, IN CONSULTATION WITII DFA-OAVS, SHALL 
15 
DETERMINE THE COUNTRIES WIIERE VOTING SIIALL BE DONE BY 
16 
ANY 
SPECIFIC MODF., TAKING INTO CONSIDERATION THE 
17 
MINIMUM CRITERIA ENUMERATED UNDER THIS ACT WHICH 
18 
SHALL 
INCLUDE 
THF. 
NUMBER 
OF 
REGISTF.RED 
VOTF.RS, 
19 
ACCESSIBILITY 
OF THF. 
POSTS, 
F.FFlCIENCY 
OF THE HOST 
20 
COUNTRY'S APPLIED SYSTEM AND SUCII OTHER CIRCUMSTANCES 
2] 
TI IAT MAY AFFECT THE CONDUCT OF VOTING. 
22 
"THE COMMISSION SHAT), ANNOUNCF. THE SPECIFIC MODF. 
23 
OF VOTING 
PER COUNTRY/POST AT LEAST ONE-HUNDRED 
24 
TWENTY (120) DAYS BEFORE TIlE START OF THE VOTING PERIOD. 
28 


1 
'THE COMMISSION SHALL ISSUE AN OVERSEAS ABSENTEE 
2 
VOTER IOENTIl'ICATION CARD TO THOSE WIIOSE APPLICATIONS 
3 
TO VOTE IIA VE BEEN APPROVED." 
4 
SEC. 23. Section 16 of the same Act is hereby renumbered as Section 24 and is 
5 
amended to read as follows: 
6 
' "Sec. [16] 24. PTRSONAJ, VOTING. - Casting and Submission of Ballots. 
7 
"116.11 24.1 Upon receipt Iby the designated officer of the embassy, 
S 
consulate and other foreign service establishments] of the ballots AND 
9 
OTHER ACCOUNTABLE FORMS, VOTING MACHINES AND OTHER 
10 
HARDWARE AND SOFTWARE for overseas absentee voters [,voting 
11 
instructions, election forms and other paraphernalia] TIlE SBRCG Ihe/shel 
12 
shall make them available on the premises to the qualified overseas absentee 
13 
voters in their respective jurisdictions 1 durin£, the thirty (30) days before the 
14 
day of elections when overseas absentee voters may cast their vote. 
15 
Immediately upon receiving it, the overseas absentee voter must fill-out 
16 
his/her ballot personally, in secret, without leaving the premises of the 
17 
embassies, consulates, and other I'orei£,n Service establishments concerned. 1 
18 
DURING THE THIRTY-DAY (30) VOTING PERIOD. 
19 
"TIIE COMMISSION SHALL CONSTITUTE AS MANY SPECIAL 
20 
BALLOT RECEPTION GROUPS (SBRCGs) AS MAY BE NECESSARY TO 
21 
RECEIVE AND TAKE CUSTODY OF ALL ACCOUNTABLE AND OTHER 
22 
ELECTION FORMS, SUPPLIES AND PARAPHERNALIA FROM THE 
23 
COAV FOR TRANSMITTAL TO THE SPECIAL BOARDS OF ELECTION 
24 
INSPECTORS 
(SBEIS) 
AND 
TO 
THE 
SPECIAL 
BOARD 
OF 
29 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
CANVASSERS. EACH SBRCG SHALL BE COMPOSED OF THREE (3) 
MEMBERS FROM AMONG TIlE STAFF 01' TIIE POSTS CONCERNED, 
INCLUDING THEIR ATTACHED AGENCIES, AND FILIPINO CITIZENS 
ABROAD. 
"THE COMMISSION SHATJ" 
LIKEWISE, CONS'J'I'J'U'J'E AS 
MANY SPECIAL BOARDS OF ELECTION INSPECTORS (SBEIs) AS MAY 
BE NECESSARY TO CONDUCT AND SUPERVISE THE VOTING AND 
COU NTING OF VOTES. 
"EACH SBm SIIALL 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 01' WIIOM SHALL BE 
DESIGNATED AS POLL CLERK. IN THE ABSENCE OF SUCH OTHER 
GOVERNMENT OFFICERS, THE 1WO MEMBERS SHALL BE FILIPINO 
CI'l'IZENS QUALIFIED TO REGIS'J'ER OR VOTE UNDER THIS ACT 
AND SHALL BE DEPUTIZED BY THE COMMISSION NOT LATER 
THAN SIXTY (60) DAYS BEFORE TIlE START OF TIIE VOTING 
PERIOD. 
"ALL SBEI RESOLUTIONS SHAU, BE VALID ONLY WHEN 
APPROVED BY A MAJORITY OF THE MEMBERS OF THE BOARD." 
"24.2. VOTING SHALL BE DONE AT TIlE POSTS, OR WIlEREVER 
FIELD REGISTRATIONS WERE CONDUCTED, OR AT ANY OTHER 
POLLING PLACE DESIGNATED/ACCREDITED AS SUCH BY THE 
COMMISSION. 
30 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
"[16.2. The overseas absentee voter shall personally accomplish his/her 
ballot at the embassy, consulate or other foreign service establishment that 
has jurisdiction over the country where he/ she temporarily resides or at any 
polling place designated and accredited by the Commission. 1 
"[16.3]. 24.3. The overseas absentee voter shall cast HEH/IIlS [his/herl 
ballot, upon presentation of the absentee voter identification card issued by 
the Commission OR SUCII OTUER DOCUMENTS ACCEPTABLE TO TIlE 
SBE! AT THE POST AS SUFFICIENT TO ESTABLISH HERjHlS 
IDENTITY [within thiTty (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 I. 
"IMMEDIATELY UPON RECEIVING IIEH/IIIS BALLOT, TIlE 
OVERSEAS ABSENTEE VOTER MUST FILL rr OUT PERSON ALLY, IN 
SECRET AND WITIlOUT LEAVING TIlE PREMISES OF TIlE POST OR 
OF ANY OTIlER 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. 
"1"16.51 24.5. The SBRCG [embassies, consulates and other foreign 
service establishments concerned] shall keep a complete record of the ballots 
for overseas absentee voters, specifically indicating the number of ballots they 
actually received [, and in cases where voting by mail is allowed under 
Section 17 hereof, the names and addresses of the voters to whom these 
ballots were sent, including proof of receipt thereofl. In addition, Uw SBRCG 
[embassies, consulates and other foreign service establishments] shall submit 
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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 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 
32 


1 
other foreign service establishments after the prescribed period shall not be 
2 
opened, and shall be cancelled and shipped to the Commission by the least 
3 
costly method within six (6) months from the day of elections] AT OR 
4 
BEFORE THE CLOSE OF VOTING ON THE DAY OF ELECTIONS SHALL 
5 
BE COUNTED." 
6 
"[16.9. A Special Ballot Reception and Custody Group composed of 
7 
three (3) members shall be constituted by the Commission from among the. 
8 
staff of the embassies, consulates and other foreign service establishments 
9 
concerned, including their attached agencies, and citizens of the Philippines 
10 
abroad, who will be deputized to receive ballots and take custody of the same 
11 
preparatory to their transmittal to the Special Boards of Election Inspectors.] 
12 
"[16.10] 24.8. During THE VOTING, [this phase of the election 
13 
process] the authorized representatives of the political parties, candidates, and 
14 
accredited citizens' arms of the Commission shall be notified THEREOF in 
15 
writing [thereof] and shall have the right to witness the proceedings. 
16 
"[16.11. The Commission shall study the use of electronic mail, 
17 
Internet, or other secured networks in the casting of votes, and submit a report 
18 
thereon to the Joint Congressional Oversight Committee.]" 
19 
Sec. 24. Section 17 of the same Act is hereby renumbered as Section 25 and is 
20 
amended to read as follows: 
21 
22 
"Sec. [17125. Voting by Mail. - MAILING AND SUBMISSION OF 
BALLOTS. 
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U[17.1.For the May, 2004 elections, the Commission shall authorize 
voting by mail in not more than three (3) countries, subjecl to the approval of 
the Coneressional Oversieht Committee. Votine 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, voline by mail in any counh'y shall be allowed only upon 
review and approval of the Joint Coneressional Oversieht Committee. I 
"25.:1. THE COMMISSION SHALL TAKE CUSTODY OF AJ.I. 
OUTGOING llALLOTS PREPARATORY TO THEIR MAILING TO TilE 
VOTERS OR TO THE POSTS. 
uTHE COMMISSION SHALL MAIL TIlE llALLOTS DIRECTLY TO 
TIlE REGISTERED VOTERS OR TO TIlE POSTS THROUGH TIlE 
FACIJ.ITIES 
OF 
THE 
PHILIPPINE 
POSTAl. 
CORPORATION 
(PHIl.POST). THE PHIl.POST SHAJ.J. ENSURE THE SECRECY AND 
SANCTITY OF TIlE MAILED BALLOTS AND SHALL GIVE TIIEM 
PREFERENCE OVER ALI. OTHER MAlI. MATTERS. 
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"THE COMMISSION SHALL CONSTITUTE SPECIAL BALLOT 
RECEPTION GROUPS (SBRCGs) FOR EVERY POST FOR WIIICII 
VOTING BY MAIL IS TIlE 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 
INSPECrORS 
(SBEIS) 
AND 
TO 
THE 
SPECIAL 
BOARD 
OF 
CANV ASSERS, AS WELL AS TO RECORD, VERIFY, RECEIVE AND 
TAKE CUSTODY OF ALL MAILED ACCOMPLISlIED 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." 
"117.21 25.2. The overseas absentee voter shall send HER/HIS Ihis/herl 
accomplished ballot IN THE ACCOMPANYING SPECIAL ENVELOPE AT 
ANY TIME AI'TER RECEIPT THEREOF AND ENSURE TIlAT THE SAME 
BALLOT IS RECEIVED AND STAMPMARKED BY THE POST ON OR 
BEFORE THE CLOSE OF VOTING ON THE DAY OF ELECTIONS Ito the 
corresponding embassy, consular or other foreign service establishment that 
has jurisdiction over the countTy where he/ she temporarily resides. Ile/ 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 votine on the 
day of elections. The overseas absentee voter shall be instTucled tht his/her 
ballot shall not be counted if nottransmiUed in the special envelope furnished 
him/herl· 
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• 
"[17.31 25.3. 
Only mailed ballots STAMPMARKED BY TIlE 
LOCAL POSTAL SERVICE AS HAVING BEEN MAILED BEFORE CLOSE 
OF VOTING AND RECEIVED BY TIlE SBCRG DURING TIlE 
COUNTING OF VOTES SHALL BE COUNTED. [received by the Philippine 
embassy, consulate and other foreign service establishments before the close 
of votmg on the day of elections shall be counted in accordance with Section 
18 hereof.! All envelopes containine the ACCOMPLISHED ballots received 
AFTER THE COUNTING OF VOTF.S SHALL NOT BE OPENED AND 
SlIALL BE FILED AND KEPT [by the embassies, consulates and other 
foreign service establishments after the prescribed period shall not be opened, 
and shall be cancelled and disposed of] appropriately FOR PURPOSES OF 
DOCUMF.NTATION, with a correspondine INVF.NTORY report thereon 
[submilled to the Commission not later than thirty (30) days from the day of 
. elections]. ACCREDITED MAJOR POLITICAL PARTIES SIIALL BE 
FURNISHF.D COPIF.S OF THF. SAID REPORT NOT LATER THAN 
THIRTY (30) DAYS AFTF.RTHE DAY OF F.LECTIONS. 
"26.4. TIlE COMMISSION SHALL MAINTAIN A COMPLETE 
REPORT OF 'l'HE NAMES AND ADDRFSSES OF THE VOTERS TO 
WIIOM TIlE BALLOTS WERE SENT, INCLUDING TIlE NUMBER OF 
BALLOTS CAST AND RECEIVED BY TIlE SBRCG, TIlE NUMBER OF 
INVALID AND UNCLAIMED BALLO'rS, AS WFLT. 
AS OTHF.R 
PF.RTINFNT DATA AND MAKF A 'l'IMHY RF.PORT THEREON TO 
JOINT CONGRESSIONAL OVERSIGHT COMMITTEE. 
36 


.. 
1 
2 
3 
"26.5. ALL MAILED BALLOTS MARKED "RETURN TO SENDER" 
AND RETURNED TO THE COMMISSION SIIALL NOT BE OPENED. 
TIlE 
SAME 
SHALL 
BE 
CANCELLED 
AND 
DISPOSED 
OF 
4 
APPROPRIATELY, WITH A CORRESPONDING INVENTORY REPORT 
5 
THEREON DULY FURNISHED THE MAJOR POLITICAL PARTIES NOT 
6 
LATER 'fHAN THIRTY (30) DAYS AFTER 'J'HE DAY OF ELECTIONS." 
7 
Sec. 25. A new Section 27 of the same Act is hereby inserted to read as follows: 
8 
"SEC. 27. VOTING BY SJ:AFARJ:RS. - SEAFARERS MAY VOTE IN 
9 
ACCORDANCE WrrH SECTION 2" OF THIS ACT. FOR THIS PURPOSE, 
10 
THE COMMISSION SHALL PREPARE A SEPARATE CLOAV FOR 
11 
SEAFARERS." 
12 
Sec. 26. A new Section 28 of the same Act is hereby inserted to read as follows: 
13 
"SEe. 28. VOTING PRIVILEGE 01' MEMBERS 01' 'J'IIE SHU, SHRCG 
14 
AND SHOe. - GOVERNMENT EMPLOYEES POSTED ABROAD WIlO 
15 
WILL PERFORM ELECTION DUTIES AS MEMBERS OF THE SUEl, 
16 
SBCRG AND SBOC SHALL BE ALLOWED TO VOTE IN THE POST; 
17 
PROVIDr:D, 
THAT, 
THEY ARE 
REGISTERED 
EITHER IN THE 
18 
PJIILIPPINES OR AS OVERSEAS ABSENTEE VOTERS." 
19 
Sec. 27. Section 18 of the same Act is hereby renumbered as Section 29 and 
20 
amended to read as follows: 
21 
"Sec. [18]29. - On-site Counting and Canvassing-
22 
"[18.1] 29.1. The counting and canvassing of votes shall be conducted 
23 
onsite in the conntry where the votes were actually cast. The openinG of the 
24 
specially-marked envelopes and containers containing the ballots and the 
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counting and canvassing of votes shall be conducted within the premises of 
the [embassies, consulates and other Foreign Service establishments, or in 
such other places as may be designated by the Commission pursuant to the 
Implementing Rules and Regulations.I-POSTS or WITHIN ANY OTHER 
POLLING ('LACE DESIGNATED/ACCREDITED AS SUCH BY TIlE 
COMMISSION. 
The Commission shall ensure that the start of counting in 
polling places abroad shall, [be synchronizedl AS FAR AS PRACTICABLE, 
COINCIDE 
with the start of the counting in the Ph'ilippines, TAKING 
INTO CONSIDERATION THE RESPEC'J'IVE TIME ZONES OF THE 
DIFFERENT POSTS." 
"(18.2(. 29.2. (For these purposes, the Commission shall constitute as 
many Special Boards of Election Inspectors (SUEIs) 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 sums on issues brought before it during the 
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conduct of its proceedings shall be valid only when they carry the approval of 
the chairman,] 
"Immediately upon the completion of the counting, the ISpecial Boards 
of HlecHon Inspectors I SBEls shall l1'ansmit Ivia facsimile and/ or elecl1'onic 
maill the results to the Commission in Manila and TO the accredited major 
political pal'lices VIA FACSIMILE, ELECTRONIC MAIL AND/OR I3Y 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, I 
"[18,4] 29.3. A Special130ard of Canvassers (S13oq composed of Tl IE 
IIIGIJEST RANKING OH'ICER FROM TITE POST [a lawyer preferably of 
the Commission] as chairlmanlPERSON, 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-
chairlmanlPERSON and member-secretary, respectively, shall be constituted 
to canvass the election returns submilled to it by the SUUs 
[Special13oards 
of Election Inspectors]. Immediately upon the completion of the canvass, the 
chairlmanlPERSON of the SBOC I Special Boards of Canvassers I shall 
transmit via facsimile, electronic mail, AND/or BY any other SAFE, SECURE 
AND RELIABLE means of transmission [equally safe and reliable] the 
39 


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J6 
1'7 
18 
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20 
21 
22 
23 
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 ISpecial Board of Canvassers I shall also furnish the 
accredited major political parties aild accredited citizens' arms with copies 
thereof via facsimile, eledronic mail AND/or BY any other SAFE, SECUIU: 
AND RELIABLE means of transmission [equally safe, secure and reliablel. 
"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 lequally safe, secure and 
reliable] shall be the primary basis for the national canvass." 
"[18.5] 29.4. The canvass of OVERSEAS votes shall not cause the delay 
of the proclamation of a winnine candidate if the outcome of the election will 
not be affected by the results thereof. NOlwithstandine the foreeoine, the 
Commission, 
AS 
NATIONAL 
BOARD 
OF 
CANVASSERS 
FOR 
SENATORS AND PARTY-LIST REPRESENTATIVES, OR CONGRESS, 
AS NATIONAL 130ARD OF CANVASSERS FOR PRESIDENT AND 
VICE-PRESIDENT, SHALL PROCLAIM THE lis empowered to order the 
proclamation of! winnine candidates despite the fact that the scheduled 
election has not taken place in a particular country or counl1'ies, if the holdine 
of eleclions therein has been rendered impossible by events, factors and 
circumstances peculiar to such country or countTies, and which events, [aclors 
and circumstances are beyond the control or influence of the Commission." 
40 


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"[18.6] 29.5. In the preparation of the final tally of votes on the results 
2 
of the national elections, [the Commission, shall ensure that] the votes 
3 
canvassed by each and every country shall be reflected as a separate item 
4 
from the tally of nahonal votes. ]ior purposes of this Act, the returns of every 
5 
election for P[pjresident and V[vlice-P[p]resident prepared by the Special 
6 
Board of Canvassers shall be deemed a certificate of canvass of a city or a 
7 
province." 
8 
"[18.7]29.6. Where feasible, the counting and canvassing of votes shall 
9 
be automated. Towards this end, the Commission is hereby authorized to 
10 
borrow, rent, lease or acquire automated [voting I COUNTING machines for 
11 
purposes of canvaSSing and counling of votes pursuant to the provisions of 
12 
this Act, and in accordance with the Implementing Rules and Regulations 
13 
promulgated by tile Commission." 
14 
Sec. 28. A new Section 30 is hereby inserted to read as follows: 
15 
"SIX. 30. AUTHORITY TO ADOPT OTHr;R MODr;s on SYSTr;MS 
16 
USING AU'l'OMA'l't:lJ Ht:C'l'ION SYSnM - NOTWITHSTANDING 
17 
CURRENT PROCEDURES AND SYSTEMS HEREIN PROVIDED, FOR 
18 
THE PROPER IMPLEMENTATION OF THIS ACT AND IN VIEW OF 
19 
THE PECULIARITIES ATTENDANT TO THE OVERSEAS ABSENTEE 
20 
PROCESS, TIlE COMMISSION MAY EXPLORE AND ADOPT OTHER 
21 
MORE EFFICIENT, RELIABLE AND SECURE MODES OR SYSTEMS, 
22 
WHETHER PAPER-, EI.ECTRONIC-, TECHNOI.OGY- OR INTERNET-
23 
BASED, 
FOR ONSITE AND 
REMOTE 
REGISTRATION 
AND 
41 


1 
VOTING, COUNTING, CANVASSING AND CONSOLIDATION OF 
2 
VOTES, AS WELL AS FOR TIlE TRANSMITTAL OF RESULTS." 
3 
Sec. 29. A new Section 31 is hereby inserted to read as follows: 
4 
"SfC. 31. 
PROCURfMfNT OF FACIUnJ:S, fQUIl'MfNT, 
5 
MATERIALS, SUPPLIES OR SERVICES. - TO ACIlIEVE TilE PURPOSE 
6 
OF THIS ACT, THE COMMISSION MAY, LIKEWISE, PROCURE 
7 
FROM LOCAL OR FOREIGN SOURCES, THROUGH PURCHASE, 
S 
LEASE, RENT OR OTHER FORMS OF ACQUISITION, HARDWARE 
9 
OR SOFlWARE, FACILITIES, EQUIPMENT, MATERIALS, SUPPLIES 
10 
OR SERVICES IN ACCORDANCE WITn EXISTING LAWS, FREE 
11 
FROM IMPORT TAXES AND DUTIES, SUBJECT TO GOVERNMENT 
12 
PROCUREMENT RULES AND REGULATIONS." 
13 
Sec. 30. Sec. 19 of the same Act is hereby renumbered as Section 32 and is amended 
14 
to read as follows: 
15 
"Sec.[19]32. [Authority of the Commission to Promulgate] Rules ANI) 
16 
l<EGULA'110NS. -
The Commission shall PROMULGATE [issue the 
J7 
necessary] rules and regulations FOR THE [to effectively-implement the] 
18 
IMPLEMENTATION AND ENFORCEMENT OF TIlE provisions of this 
19 
ACT within sixty (60) days from the effectivity THEREOF lof this Actl. IThe 
20 
Implementine Rules and Regulations shall be submitted to the Joint 
21 
Congressional Oversight Commillee created by virtue of this Act for prior 
22 
approval]. 
23 
"[In the formulation of the rules and regulations, the Commission 
24 
shall coordinate with the Department of Foreien Affairs, Department of Labor 
42 


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2 
3 
and Employment, Philippine Overseas and Employment AdministTation, 
Overseas Workers' Welfare Administration and the Commission on Filipinos 
Overseas. 
Non-eovermnent 
organizations 
and 
accredited 
Filipino 
4 
organizations Or associations abroad shall be consulted,J" 
5 
Sec. 31. Section 20 of the same Act is hereby renumbered as Section 33 and is 
6 
amended l~ read as follows: 
7 
"Sec. [20]33. -Information Campaign - The Commission, in coordination with 
8 
agencies concerned, shall undertake an information campaign to educate the 
9 
public on the ITlalmer of absentee vOline for qualified overseas absentee 
10 
voters. It may require the support and assistance of the Department of 
11 
Foreign Affairs, through the POSTS [through the embassies, consulates and 
J2 
other foreign service establishments], Department of Labor and Employment, 
13 
Department of Transportation and Communications, Philippine Postal 
14 
Corporation, Philippine Overseas Employment Adminish'alion, Overseas 
15 
Workers' Welfare Administration and the Commission on Filipinos Overseas. 
16 
[The Commission may deputize Filipino organizations/ associations overseas 
17 
for the same purpose: Provided, that any such deputized oreanizalion/ 
18 
association shall be prohibited from participating in the elections by 
19 
campaienine for or fielding candidates; Provided, further, That if any SLlCh 
20 
deputized oreanizalion/ association is discovered to have a member who is 
21 
not a qualified overseas absentee voter, as hereil1 defined, such deputized 
22 
orp;anizalion/ association shall be banned from participating in any manner, 
23 
and at any stage, in the Philippine political process abroad.] 
"Such 
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3 
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6 
information campaign shall educate the Filipino public, within and outside 
the Philippines, on the PIIILlPPINE 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 
7 
organizations] shall prepare, print, distribute or post in [websites] any 
8 
information material without the prior approval of the Commission. 
9 
"TIlE COMMISSION IS AUTIIORIZED TO Al'PROPIUATE NOT 
10 
LESS THAN TEN PER CENT (10%) OF THE OVERSEAS ABSENTEE 
11 
VOTING BUDGET TO DEFRAY TIlE COSTS OF EFFECTIVELY 
12 
CARRYING OUT TIlE OVERSEAS ABSENTEE VOTERS INI'ORMA TION 
13 
AND EDUCATION CAMPAIGN. 
14 
"TIlE COMMISSION MAY ENTER INTO CONTRACTS WITII 
15 
PUBLIC OR PRIVATE ENTITIES TO ENSURE EFFECTIVE AND 
16 
EFFJCIF.NT INFORMATION DISSEMINATION." 
17 
Sec. 32. A new Section 34 is hereby inserted to read as follows: 
18 
"SEC. 34. ROLE AND ENGAGEMENT or I'ILIPINO CIVIL SOCIE'IY 
19 
ORGANIZATIONS. -
TIlE COMMISSION SHALL ENCOURAGE AND 
20 
ENGAGE TIlE PARTICIPATION OF LOCAL AND OVERSEAS FILIPINO 
21 
CIVIL SOCIF.TY ORGANIZATIONS AS ACCREDITED OR DEPUTIZED 
22 
PARTNERS AT ANY STAGE OF THE OVERSEAS EY.ECfORAY. 
23 
PROCESS, SUBJECT TO TIlE GUIDELINES AND LIMITATIONS 
24 
ELSEWHERE PROVIDED IN TlIlS ACT OR IN OTHER RELEVANT 
44 


1 
LAWS, AS WF.LL AS THOSF. THAT THF. COMMISSION SHALL 
2 
PROMULGATE; l'ROVIDliD, THAT ANY SUCH ORGANIZATION OR 
3 
ASSOCIATION SHALL BE ACCREIJlTED OR DEPUTIZED ON TIlE 
4 
BASIS OF THEIR PRF.SENCF., RF.ACH AND RESOURCES TO F.DUCATF. 
5 
THF. FILIPINO PUBLIC ON THF. PHILIPPINF. F.LF.CTORAL SYSTEM, 
6 
TUEIR RIGHTS AS OVERSEAS ABSENTEE VOTERS, TilE ABSENTEE 
7 
VOTING PROCESSES AND OTHER RELATED CONCERNS, AS WELL 
8 
AS 
TO 
DISSEMINATE 
INFORMATION 
DEVELOPED 
BY 
THE 
9 
COMMISSION 
EFFECTIVELY 
AND 
IN 
A 
TIMF.LY 
MANNF.R; 
10 
l'ROVWTD, FURTHTR, THAT NO SUCH ACCREDITED OR DEPUTIZED 
11 
ORGANIZATION SIIALL PREPARE, PRINT, DISTRIBUTE OR POST 
12 
ANY 
INFORMATION 
OR 
MATERIAL 
WITHOUT 
THF. 
PRIOR 
13 
APPROV AI, OF THE COMMISSION; l'ROVIDTD, FURTHTR, THAT ANY 
14 
SUCII 
ACCREDITED 
OR 
DEPUTIZED 
ORGANIZATION 
OR 
15 
ASSOCIATION SHALL BE PROIIIBITED FROM CAMPAIGNING FOR 
16 
OR FEILDING CANDIDATES; l'ROVIDTD, FINAHY, THAT IF ANY 
17 
SUCH ORGANIZATION OR ASSOCIATION IS DISCOVF.RF.D TO 
18 
HAVE A MEMBER WHO IS NOT QUALIFIED OVERSEAS ABSENTEE 
19 
VOTER AS HEREIN DEFINED, SUCII DEPUTIZED ORGANIZATION 
20 
OR ASSOCIATION SHALT. BF. BANNF.D FROM PARTICIPATING IN 
21 
ANY MANNER AND AT ANY STAGE IN TIlE PIIILIl'PINE POLITICAL 
22 
PROCF.SS ABROAD." 
, 
23 
Sec. 33. A new Section 35 is hereby inserted to read as follows: 
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5 
6 
7 
8 
9 
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11 
12 
"SIX. 35. TRAININGS. -
"TRAfNING OF TIlE MEMBERS OF 
FOREIGN SERVICE CORPS ON OVERSEAS ABSENTEE VOTING 
PROCESSES, RULES AND PROCEDURES, TO BE UNDERTAKEN BY 
TIlE COMMISSION IN COORIJINATION WITrr TIlE DFA-OAVS, 
SHALL FORM AN INTEGRAL PART OF THEIR BRIEFING AND 
ORIENTA'J'ION PRIOR TO THEIR POSTING ABROAD. 
"TIlE 
COAV, 
THROUGH 
ITS 
CHAIRMAN, 
MAY 
ALSO 
AUTHORIZE TIlE 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 'IWENTY (120) DAYS 
BEFORE 
EACH 
SCHEDULED 
REGISTRATION 
OR 
NATIONAL 
13 
ELECTION." 
14 
Sec. 34. Section 21 of the same Act is hereby renumbered as Section 36. 
15 
Sec. 35. Sect~ion 22 of the same Act is hereby renumbered as Section 37 and is 
16 
amended to I'ead as follows: 
17 
"Sec. [22137. - Assistance from Govemment Agencies. - All government 
18 
officers, particularly from the Department of Foreign Affairs, Department of 
19 
Labor and Employment, Department of Transportation and Communications, 
20 
21 
22 
23 
24 
Philippine 
Postal 
Corporation, 
Philippine 
Overseas 
Employment 
Administration, Overseas Workers' Welfare Administration, Commission on 
Pilipinos Overseas and other government offices concerned with the welfare 
of the Pilipinos overseas shall, to the extent compatible with their primary 
responsibilities, assist the Commission in carrying out the provisions of this 
46 


1 
Act. All such agencies or officers thereof shall take reasonable measures to 
2 
expedite all election activities, which the Commission shall require of them. 
3 
When necessary, the Commission may send supervisory teams headed by 
4 
career officers to assist the POSTS lembassies, consulates and other foreign 
5 
service establishments concerned]. 
6 
"LIKEWISE, 
CONSULAR 
AN)) 
OIPLOMATIC 
SERVICES 
7 
RENDERED IN CONNECTION WITU TIlE OVERSEAS ABSENTEE 
8 
VOTING PROCF.SSF.S SHALL BF. MADF. AVAIl.ABLF. AT NO COST TO 
9 
THF. OVF.RSF.AS ABSF.NTF.F. VOTF.R." 
10 
Sec. 36. Section 23 of the same Act is hereby renumbered as Section 38. 
11 
Sec. 37. Section 24 of the same Act is hereby renumbered as Section 39 and is 
12 
amended to read as follows: 
13 
"Sec. [24] 39. Prohibited Acts. In addition to the prohibited acts 
14 
provided by law, it shall be unlawful: 
15 
"124.1139.1. I'or any officer or employee of the Philippine government 
16 
to influence or attempt to influence any person covered by this Act to vote, or 
17 
not to vote, for a particular candidate. Nothing in this Act shall be deemed to 
18 
prohibit free discussion regarding politics or candidates for public office. 
19 
"124.2139.2. For any person to deprive ANOTHF.R [any person] of any 
20 
right secured in this Act, or to give false information as to IIER/his[jher] 
21 
name, address, or period of residence for the purposes of establishine 
22 
HF.R/hisl/herl eligibility or inelieibility to register or vote under this Act; or 
23 
to conspire with another person for the purpose of encouraging the giving of 
24 
false information in order to establish the eligibility or .ineligibility of any 
47 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
individual to register or vote under this Act; or to pay, or offer to pay, or to 
accept payment either for application FOR REGJSTRA TION, or for voting; 
"124.31 
39.3. 
For any person to STEAL, CONCEAL, ALTER, 
DESTROY, MU'l'ILATE, MANIPULATE, OR IN ANY WAY tamper with Ithe 
ballot,] the mail containing the ballots for overseas absentee voters, TIlE 
BALLOT, the (,lection returns, [including the destruction, mutilation and 
manipulation thereof;] OR ANY RECORD, DOCUMENT OR PAPER AS 
REQUIRED FOR PURPOSES OF THIS ACT; 
["24.4. For any person to steal, destToy, conceal, mutiIate or aller any 
record, document or paper as required for purposes of this Act; 1 
"124.51 39.4. 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; 
"124.61" 39.5. For any public officer or employee OR ACCREDI'l'ED OR 
DEPUTIZED ORGANIZATION OR ASSOCIATION TO [who shall] cause 
the preparation, printing, distribution OR POSTING of information OR 
material!, or post the same in websitesl without the prior approval of the 
COlnnlissioIlj 
"[24.7] 39.6. For any public officer or employee to cause the transfer, 
promotion, extension, recall of any member of the Foreign Service corps, 
including members of the attached agencies, or otherwise cause the movement 
of any such member from his current post or position one (1) year before and 
48 


• 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
three (3) months after the day of elections, without securing the prior approval 
of the Conmussion; 
"124.81 39.8. 1'01' any person who, after bein!j deputized by the 
Commission to undertake activities in connection with the implementation of 
this Act, shall campaign for 01' assist, in whatever manner, candidates in the 
elections; 
"39.9. FOR ANY PERSON '1'0 ENGAGE IN PARTISAN POLITICAL 
ACTIVITY ABROAD DURING THE 30-DAY OVERSEAS ABSENTEE 
VOTING PERIOD." 
"[24.9] 39.10. For any person who is not a citizen of the Philippines to 
participate, by word or deed, directly or indirectly throu!jh qualified 
organizat"ions/ associations, in any manner and at any sla!je of the Philippine 
political process abroad, including participation in the campaign and elections. 
"The provision of existing laws to the cont1'ary, notwithstanding, and 
with due regard to the Principle of Double Criminality, the prohibited acts 
described in this section are electoral offenses and J\RE punishable in the 
Philippines. 
"111e penalties imposed under Section 264 of the Omnibus Ulection 
Code, as amended, shall be imposed on any person found guilty of committing 
any of the prohibited acts as defined in this section: Provided, Thllt the penalty 
of prisiol1 lIlayor in its minimum period shall be imposed upon any person 
found !juilty UNDER Section 124.3139.3 hereof Witl10ut the benefit of the 
operation of the Indeterminate Sentence l.aw. If the offender is a public officer 
49 


• 
1 
01' a candidate, the penalty shall be prision mayor in its maximum period. In 
2 
addition, the offender shall be sentenced to suffer perpetual disqualification to 
3 
hold public office and deprivation of the right to vote." 
4 
"JImmigrants and permanent residents who do not resume residence 
5 
in the Philippines as stipulated in their affidavit under Section 5( d) within 
6 
three (3) years after approval of his/her registration under this Act and yet 
7 
vote in the next elections contrary to the said section, shall be penalized by 
8 
imprisonment of not less than one (1) year, and shall be deemed disqualified 
9 
as provided in Section 5(c) of this Act. His/her passport shall be stamped "not 
10 
allowed to voter 
11 
Sec. 38. Section 25 of the same Act is hereby renumbered as Section 40 and is 
12 
amended to read as follows: 
13 
"Sec. [251 40. Joint Congressional Oversight Committee. - A Joint 
14 
Congressional Oversight Committee is hereby created, composed of the 
15 
Chairman of the Senate Committee on Constitutional Amendments, Revision 
16 
of Codes and Laws, and seven ('7) other Senators deSignated by the Senate 
17 
President, and the Chairman of the House Committee on Suffrage and 
18 
Electoral Ref01'ms and seven (7) other Members of the House of 
19 
Representatives designated by the Speaker of the IIouse of Representatives: 
20 
Provided, That, of the seven (7) members to be designated by each House of 
21 
Congress, four (4) should come from the majority and the remaining three (3) 
22 
from the minority. 
50 


] 
"[The Joint Congressional Oversight Committee shall have the power 
2 
to monitor and evaluate the implementation of this Act. It shall review, revise, 
3 
amend and approve the Implementing Rules and Regulations promulgated 
4 
by the Commission.!" 
5 
Sec. 39. Sections 26, 27, 28 and 29 of the same Act are hereby renumbered 
6 
accordingly. 
7 
Sec. 40. A new Section 45 is hereby inserted to read as follows: 
8 
"Sec. 
45. 'l'RANSI'l'ORY PROVISION -
ALL PRIOR ACTS, 
9 
RESOLUTIONS, ISSUANCES 01' THE COMMISSION UNDER TIns 
10 
ACT, NOT OTHERWISE INCONSISTENT HEREWITH, INCLUDING 
11 
TrIE REGISTRATION OF VOTERS AND MODES OF VOTING, 
12 
SHALL REMAIN VALID AND EFl'ECTlVE." 
13 
Sec. 41. SeparabilitlJ Clause - If any part or provision of this Act shall be declared 
14 
ullconsW"utional or invalid, other provisions hereof which are not affected thereby shall 
15 
continue to be in f lIll force and effect. 
16 
Sec. 42. Repealing Clause - All laws, presidential decrees, executive orders, rules 
17 
and regulations, other issuances, and parts thereof, which are inconsistent with the 
18 
provisions of this Act, are hereby repealed or modified accordingly. 
19 
Sec. 43. Tffectivity - This Act shall take effect fifteen (15) days after its complete 
20 
publication in the Official Gazette or at least in three (3) newspapers of 
general 
21 
circulation. 
22 
Appmoed, 
23 
51