Republic of the Philippines YR Eg, seIvED, 2)
HOUSE OF REPRESENTATIVES, 8 tn ud
Quezon City by im

EIGHTEENTH CONGRESS
Second Regular Session

8265

House Bill No.

Introduced by Rep. ANGELO MARCOS BARBA
2nd District, Ilocos Norte

EXPLANATORY NOTE

Electoral laws in the Philippines heavily favor physical presence in the
polling places in order to be able to vote. Subsequent laws gradually
recognized the system of absentee voting, particularly for persons who, by
reason of their public functions and duties, are assigned on election day in
places other than their place of registration, and under existing laws, are thus
unable to vote. The 1987 Philippine Constitution likewise expressly recognized
the need for providing a system for absentee voting by qualified Filipinos
abroad.

While there have been reforms to address concerns of senior citizens and
persons with disability in terms of accessibility to polling places and/or
precincts, the Covid-19 pandemic proved to be a new challenge to our electoral
system, particularly those who are vulnerable to the disease and the virus
itself.

Unfortunately, there are currently no laws that would provide a system
allowing senior citizens, persons with disability, pregnant women, and
indigenous peoples to vote from the comfort of their homes due to
health/physical restrictions or during public health emergencies.

Hence, this bill.

This bill seeks to provide a system of postal voting to promote and protect
the right of senior citizens, persons with disabilities, pregnant women, and
indigenous peoples to political participation without restrictions. After all,
democratic principle requires the broadest participation in electoral and
similar exercises by persons who have all the qualifications and none of the
disqualifications to vote.*

In light of the foregoing, the immediate passage of this measure is

earnestly sought.
so oe cans

+ Executive Order No. 157, March 30, 1987


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No._8265

Introduced by Rep. ANGELO MARCOS BARBA.
284 District, Ilocos Norte

AN ACT PROVIDING FOR A SYSTEM OF POSTAL VOTING BY
SENIOR CITIZENS, PERSONS WITH DISABILITIES, PREGNANT
WOMEN, AND INDIGENOUS PEOPLES

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

SECTION 1. Short Title. — This Act shall be known as “Voting by Mail
Act”,

SECTION 2. Declaration of Policy. ~ It is hereby declared the policy of
the State to promote and protect the right of senior citizens, persons with
disabilities, pregnant women, and indigenous peoples to political participation
without restrictions.

To this end, the State shall design systems and procedures that will enable
them to vote by post.

SECTION 3. Definition of terms. — For purposes of this Act, the
following terms shall be defined as follows:

a. Commission — refers to the Commission on Elections (COMELEC);

b. Postal voting — a mode of voting where mailing packets, containing the
official ballots and other election paraphernalia, are sent directly to
voters as provided in this Act;

c. Senior Citizens ~ qualified voters who are sixty (60) years or older;

d. Persons with Disabilities - qualified voters who are suffering from
restriction of different abilities, as a result of mental, physical, or
sensory impairment, to perform an activity in the manner or within the
range considered normal for a human being;

e. Indigenous peoples — qualified voters belonging to a group of people or
homogenous societies identified by self-ascription and ascription by
others, who have continuously lived as organized community on
communally bounded and defined territory, and who have, under


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claims of ownership since time immemorial, occupied, possessed and
utilized such territories, sharing common bonds of language, customs,
traditions and other distinctive cultural traits, or who have, through
resistance to political, social and cultural inroads of colonization,
non-indigenous religions and cultures, became _ historically
differentiated from the majority of Filipinos. ICC/IPs shall likewise
include peoples who are regarded as indigenous on account of their
descent from the populations which inhabited the country, at the time
of conquest or colonization, or at the time of inroads of
non-indigenous religions and cultures, or the establishment of present
state boundaries, who retain some or all of their own social, economic,
cultural, and political institutions, but who may have been displaced
from their traditional domains or who may have resettled outside their
ancestral domains; and

f. Authorized witness ~ refers to any family member within the third
civil degree of the voter covered by this Act, or in the absence of a
family member, any person from the same household who personally
knows the said voter. The authorized witness must be a registered
voter and must not be a candidate standing for election.

SECTION 4. Coverage. ~ All registered voters who are senior citizens,
persons with disabilities, pregnant women and indigenous people, who are not
otherwise disqualified by law, may vote in the national and local elections via
post.

SECTION 5. Registration to Vote via Post. ~ Any senior citizen, persons
with disability, pregnant woman, and indigenous people already registered to
vote may register before the Commission to vote via post. Senior citizens,
persons with disabilities and indigenous people not yet registered to vote, and
would like to exercise their right to vote can register as voter and apply for
postal voting at the same time.

The Commission shall design a registration system via post taking into
consideration their limited movement due to health or physical restrictions.
Application forms for registration to vote and for registration to vote via post
shall be made available for download in the Commission's website and in all
Barangay Halls.

SECTION 6. Record of Voters via Post. ~ Voters who wish to cast and/or
signify their intent to vote via post must first be registered to do so with the
Commission. The Commission shall keep a record of senior citizens, persons
with disabilities and indigenous peoples who registered for postal voting and
ensure it is updated for each election.

SECTION 7. Creation of Special Ballot Reception and Custody Group. ~
The Commission shall establish the Special Ballot Reception and Custody
Group, to be composed of a Chairman and four (4) members to be appointed
by the Commission.


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SECTION 8. Functions of the Special Ballot Reception and Custody
Group. ~ The SBRCG shall perform the following duties and functions:

a. Receive from the Commission all accountable and non-accountable
election forms, supplies and paraphernalia to be used in postal voting,
counting, and canvassing;

b. Verify the quantity and serial numbers of all ballots, ballot envelope,
and paper seals; and

c. Facilitate the sending and receiving of verified mailing packets to
registered postal voters.

SECTION 9. Dispatch of Postal Voting Packets to Registered Postal
Voters. — The Commission shall send, not later than forty-five (45) days before
the scheduled national or local elections, sealed mailing packet containing the
following:

a. The official ballot;

b. Certified List of Candidates;
c. Instruction to Voters;

d. Official Ballot Envelope; and
e. Paper Seals.

The Commission, in designing the mailing packets, the contents thereof,
and the procedure for postal voting, must take all measures to prevent vote
tampering, and ensure that ballots are tracked through mechanisms such as
but not limited to serial numbered stubs during their delivery to the voter,
reception, storage, and canvassing to ensure the integrity and sanctity of the
ballots.

SECTION 10. Procedure for Postal Voting. — The following
requirements for postal voting shall be observed:

a. The qualified voter must show the unsigned official ballot and the
official ballot envelope to an authorized witness as defined in this Act;

b. The qualified voter must then, in the presence of the authorized witness,
provided that the said witness cannot see the vote, accomplish
personally the ballot by writing the names of the candidates and the
name or acronym of the party-list group participating in the party list
system of choice;

c. The qualified voter must affix his or her signature in the ballot coupon
which is located on the tower portion of the official ballot;

d. The voter shall fold the official ballot, place it in the official ballot
envelope and the voter and authorized witness shall write the names
and affix their signatures on the flap of the envelope. Failure to write
their names and affix their signatures shall invalidate the ballot;


e. Return the sealed ballot envelope to the Commission using the return
to sender slip included in the mailing packet in accordance with the
terms agreed between the Commission and the winning bidder private
courier;

f. Only the ballots received by the Commission fifteen (15) working days
prior to the scheduled election day shall be counted. All envelopes
containing the ballots received by the Commission after the prescribed
period shall not be opened and shall be cancelled and disposed of
appropriately, with a corresponding report which shall be publicized
not late than thirty (30) days from the day of the elections.

SECTION 11. Ballot Receipt. — The Commission shall provide the
necessary safeguards and confirmation procedures including the provision of
ballot receipts to senior citizens, persons with disabilities, pregnant women
and indigenous peoples who voted via mail. If a qualified voter via mail fails
to receive a ballot prior to the scheduled election day, the voter shall be
allowed to vote in person during the day of the election.

SECTION 12. Authority of the Commission to Promulgate Rules. - The
Commission shall issue the necessary rules and regulations to effectively
implement the provisions of this Act.

SECTION 13. Authority of the Commission to Allow Postal Voting. —
‘The Commission shall have the authority to determine whether postal voting
shall be allowed for any national or local elections. The determination shall be
made within a period sufficient enough to prepare the necessary postal voting
paraphernalia and the bidding of the private courier.

SECTION 14. Reportorial Requirements. — The Commission shall within
one hundred (100) days after the conduct of the first postal voting report to
Congress its evaluation of the effectivity and ways to improve the conduct of
the same.

SECTION 15. Applicability of Election Laws. - The pertinent provisions
of the Omnibus Election Code, as amended, and other election laws, which are
not in conflict with the provisions of this Act shall remain in full force and
shall have suppletory application to this Act.

SECTION 16. Appropriations. — The amount necessary to carry out the
provisions of this Act shall be included in the General Appropriations Act of
the year of its enactment into law. Thereafter, the expenses for its continued
implementation shall be included in the subsequent General Appropriations
Act.

SECTION 17. Information Materials. - The Commission shall ensure
that information materials relating to the postal electoral process are
distributed and that the same be appropriated and accessible to senior
citizens,


SECTION 18. Separability Clause. — If any provision of this Act is held
invalid or unconstitutional, the other provisions not affected thereby shall
remain in full force and effect.

SECTION 19. Repealing Clause. — All laws, decrees, executive orders,
proclamations, rules and regulations, and issuances or parts thereof which are
inconsistent with the provisions of this Act, are hereby repealed, amended, or
modified accordingly.

SECTION 20. Effectivity. — This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of general
circulation,

Approved,