FOURTEENTH CONGRESS OF THE 
First Regular Session 
REPUBLIC OF THE PHILIPPINES 
S E N A T E  
s. B. 
Introduced by Senators Villar and Pimentel, Jr. 
EXPLANATORY NOTE 
After almost 5 years since the passage in 13 February 2003 of RA 9189, or the Overseas 
Absentee Voting Act of 2003, and after its implementation in the two elections of 2004 and 2007, 
the need for amendments to the law is clear. 
When it was passed, it was a landmark piece of legislation that implemented, albeit 
belatedly, the constitutional provision in Section 2, Article V. that “Congress shall provide ... a 
system for absentee voting by qualified Filipinos abroad.” It was rightfully welcomed by the 
millions of Filipinos residing and working abroad who campaigned hard for the passage of the 
law, after having waited for 16 years. They could finally vote in national elections, and thereby 
directly participate in the selection of our national leaders, just like other Filipino citizens residing 
in the country. 
There was much enthusiasm among our brothers and sisters abroad in the first 
implementation of the law in the 2004 elections, and many of them actively participated in the 
conduct and administration of the registration, voting and counting processes abroad. This 
enthusiasm was reflected in a 65% turnout of voters, or 233,092, from the more than 365,000 
who registered. While the turnout was high, however, the number of registrants was lower than 
expected. This was already an indication of some problems. not only in implementation but also 
in the law itself. 
In sharp contrast to the 2004 voter turnout, that of 2007 was a dismal 16.21%, or a mere 
81,732 voters. Registration was higher at 503,896, and this was ascribable to the 60% departing 
overseas Filipino workers who registered at the Ninoy Aquino International Airport or at the 
Philippine Overseas Employment Administration. One of the reasons given for the low voter 
turnout in post-election assessments made by the Commission on Elections, the Department of 
Foreign Affairs, and civil society organizations and advocates of electoral reforms was that it was 
a mid-term election and there was less interest among our overseas voters to vote because the 
2007 elections was not a presidential one. This may be so, but the statistics and the assessments 
also highlight the need for remedial amendatory legislation, especially in the areas of 
disqualifications of voters, registration, and voting. Problems of implementation could be 
addressed administratively by the Comelec and the DFA. 
It is in this context, that this bill is put forward so that by the next national electoral 
exercise, more Filipinos abroad can exercise their universal right of suffrage. 
n 
\ 
1 


FOURTEENTH CONGRESS OF THE 
First Regular Session 
REPUBLIC OF THE PHILIPPINES 
Introduced by SENATORS VILLAR AND PIMENTEL, JR. 
AN ACT TO AMEND REPUBLIC ACT NO. 9189 
OTHERWISE KNOWN AS “THE OVERSEAS ABSENTEE VOTING ACT OF 2003” 
Be it enacted by the House of Representatives and the Senate of the Philippines in 
Congress assembled: 
SECTION 1. Section 3 of Republic Act No. 9189, otherwise known as “The 
“SEC. 3. Definition of Terms. - For purposes of this Act: 
a) 
Overseas Absentee Voting Act of 2003” is hereby amended to read as follows: 
“OVERSEAS Absentee Voting” refers to the process by which qualified 
citizens of the Philippines abroad exercise their right to vote; 
“Commission” refers to the Commission on Elections; 
b) 
c) 
“Certified List of Overseas Absentee Voters“ 
refers to the list of 
registered overseas absentee voters whose applications to vote in 
absentia have been approved by the Commission, said list to be prepared 
by the Committee on Absentee Voting of the Commission, on a country- 
by-country AND POST BY POST basis. The list shall be approved by the 
Commission in an en banc resolution; 
d) 
e) 
“Day of Election” refers to the actual date of elections in the Philippines 
“National Registry of Absentee Voters” refers to the consolidated list 
prepared, approved and maintained by the Commission, of overseas 
absentee voters whose applications for registration as absentee voters, 
including those [registered voters who have applied to be certified as 
absentee voters, including those] registered voters UNDER REPUBLIC 
ACT 8189, who have applied to be certified as absentee voters, have 
been approved by the RESIDENT Election Registration Board. 
IT 
SHALL INDICATE THE POST WHERE THE OVERSEAS ABSENTEE 
VOTER IS REGISTERED; 
“Overseas Absentee Voter” refers to a citizen of the Philippines who is 
qualified to register and vote under this Act, not otherwise disqualified by 
law, who is abroad on the day of elections; 
9 
G) 
“COMMITTEE ON OVERSEAS ABSENTEE VOTING (COAV)” REFERS 
TO THE COMMITTEE OF THE COMMISSION TASKED TO OVERSEE 
AND SUPERVISE THE EFFECTIVE IMPLEMENTATION OF THE 
OVERSEAS ABSENTEE VOTING LAW 
H) 
“DFA OVERSEAS ABSENTEE VOTING SECRETARIAT (DFA-OAVS)” 
REFERSTOTHE SECRETARIATBASEDATTHEDEPARTMENTOF 
FOREIGN AFFAIRS (DFA) HOME OFFICE TASKED TO DIRECT, 
2 


COORDINATE 
AND 
OVERSEE 
THE 
DEPARTMENT’S 
PARTICIPATION IN THE IMPLEMENTATION OF THE OVERSEAS 
ABSENTEE VOTING LAW (OAVL); 
“FIELD 
REGISTRATION” 
REFERS TO 
THE 
CONDUCT 
OF 
POSTS 
FOR 
A 
LIMITED 
PERIOD 
UPON 
FAVORABLE 
COAV BASED ON THE GUIDELINES PRESCRIBED BY THE 
COMMISSION; 
“MOBILE 
REGISTRATION” REFERS TO THE 
CONDUCT OF 
REGISTRATION AT VARIOUS LOCATIONS OUTSIDE THE POSTS 
AND WHICH SHALL BE UNDERTAKEN AS PART OF THE POSTS’ 
MOBILE CONSULAR AND OUTREACH ACTIVITIES TO FILIPINOS 
WITHIN THEIR JURISDICTION; 
“MUNICIPAL/CITY/DISTRICT REGISTRY OF OVERSEAS ABSENTEE 
VOTERS 
(ROAV)” 
REFERS TO 
THE 
CONSOLIDATED LIST 
PREPARED, APPROVED AND MAINTAINED BY THE COMMISSION, 
FOR EVERY MUNICIPAL/CITY/DISTRICT, OF OVERSEAS ABSENTEE 
VOTERS WHOSE APPLICATIONS FOR REGISTRATION AS SUCH, 
INCLUDING THOSE REGISTERED VOTERS UNDER REPUBLlC ACT 
NO. 8189, WHO APPLIED FOR CERTIFICATION AS OVERSEAS 
ABSENTEE VOTERS, HAVE BEEN APPROVED BY THE ELECTION 
REGISTRATION BOARD; 
“POSTS” 
SHALL REFER TO THE 
PHILIPPINE EMBASSIES, 
CONSULATES, FOREIGN SERVICE ESTABLISHMENTS AND OTHER 
PHILIPPINE GOVERNMENT AGENCIES MAINTAINING OFFICES 
ABROAD HAVING JURISDICTION OVER THE PLACES WHERE THE 
OVERSEAS ABSENTEE VOTERS TEMPORARILY RESIDE; 
“RESIDENT ELECTION REGISTRATION BOARD (RERB)” SHALL 
REFER TO THE IN-HOUSE ELECTION REGISTRATION BOARD OF 
THE COAV COMPOSED OF THREE (3) RANKING OFFICIALS OF THE 
COMMISSION, THE MAIN FUNCTIONS OF WHICH ARE TO 
PROCESS, APPROVE, OR DISAPPROVE THE APPLICATION FOR 
REGISTRATION OR CERTIFICATION AS OVERSEAS ABSENTEE 
VOTER; 
“VOTING PERIOD” REFERS TO A MAXIMUM OF THIRTY (30) DAYS 
OF VOTING INCLUDING THE DAY OF ELECTIONS, ESTABLISHED 
HOLIDAYS IN THE PHILIPPINES AND SUCH OTHER HOLIDAYS IN 
THE HOST COUNTRIES.” 
‘SPECIAL BALLOT RECEPTION AND CUSTODY GROUP (SBRCG)’ 
REFERS TO THE GROUP DEPUTIZED BY THE COMELEC TO 
ACCOUNTABLE 
ELECTION 
FORMS, 
SUPPLIES 
AND 
PARAPHERNALIA SENT BY THE ‘COMMITTEE ON OVERSEAS 
ABSENTEE VOTING’ FOR ISSUANCE TO THE ‘SPECIAL BOARDS 
OF 
ELECTION 
INSPECTORS AND 
SPECIAL 
BOARDS 
OF 
CANVASSERS.’ 
“SPECIAL BOARD OF CANVASSERS (SBOC)’ REFERS TO THE 
BODY DEPUTIZED BY THE COMELEC TO CANVASS THE 
‘OVERSEAS ABSENTEE VOTING ELECTION RETURNS‘ SUBMITTED 
TO IT BY THE ‘SPECIAL BOARD OF ELECTION INSPECTORS.’ 
REGISTRATION AT PRE-DETERMINED LOCATION, OUTSIDE THE 
RECOMMENDATION OF THE DFA-OAVS AND APPROVAL OF THE 
RECEIVE AND TAKE CUSTODY OF ALL ACCOUNTABLE AND NON- 
3 


Q) 
‘SPECIAL BOARD OF ELECTION INSPECTORS (SBEI)’ REFERS TO 
THE BODY DEPUTIZED BY THE COMELEC TO CONDUCT THE 
VOTING AND COUNTING OF VOTES. 
“SEAFARERS” REFER TO SHIP OFFICERS AND RATINGS MANNING 
SHIPS, INCLUDING OFFSHORE WORKERS, SERVICE PROVIDERS 
AND FISHERMEN, AS DEFINED IN THE ‘REVISED RULES ON THE 
ISSUANCE OF SEAFARER’S IDENTIFICATION AND RECORD BOOK’ 
OF THE MARITIME INDUSTRY AUTHORITY. 
R) 
SEC. 2. Section 4 of the same Act is hereby amended as follows: 
“SEC. 4. Coverage. - All citizens of the Philippines abroad, who are not 
otherwise disqualified by law, at least eighteen (18) years of age on the day of 
elections, may vote for president, vice-president, senators and party-list 
representatives 
AS WELL AS IN ALL NATIONAL REFERENDA AND 
PLEBISCITES.” 
SEC. 3. Section 5 of the same Act is hereby amended as follows: 
“SEC. 5. 
Disqualifications. - The following shall be disqualified from 
voting under this Act: 
a) 
“Those who have lost their Filipino citizenship in accordance 
with Philippine laws; 
“Those who have expressly renounced their Philippine 
citizenship and who have pledged allegiance to a foreign 
b) 
country; 
C) 
“Those who have committed and are convicted in a final 
judgment by a court or tribunal of an offense punishable by 
imprisonment of not less than one (1) year, including those 
who have committed and been found guilty of Disloyalty as 
defined under Article 137 of the Revised Penal Code, such 
disability not having been removed by plenary pardon or 
amnesty: Provided, however, That any person disqualified to 
vote under this subsection shall automatically acquire the right 
to vote upon expiration of five (5) years after service of 
sentence; Provided, further, That the Commission may take 
cognizance of final judgments issued by foreign courts or 
tribunals only on the basis of reciprocity and subject to the 
formalities and processes prescribed by the Rules of court on 
execution of judgments; 
“Any immigrant or a permanent resident who is recognized as 
such in the host country, unless he/she executes, upon 
registration, an affidavit prepared for the purpose by the 
Commission declaring that helshe shall resume actual 
physical residence in the Philippines not later than three (3) 
years from approval of hidher registration under this Act. 
Such affidavit shall also state that helshe has not applied for 
citizenship in another country. Failure to return shall be cause 
for the removal of the name of the immigrant or permanent 
resident from the National Registry of Absentee Voters and 
his/her permanent disqualification to vote in absentia.] 
“Any citizen of the Philippines abroad previously declared 
insane or incompetent by competent authority in the 
Philippines or abroad, as verified by the Philippine embassies, 
consulates or Foreign Service establishments concerned, 
unless such competent authority subsequently certifies that 
such person is no longer insane or incompetent.” 
[dl 
[e] D) 
SEC.4. Section 6 of the same Act is hereby amended to read as follows: 
4 


“SEC. 
6. 
Personal 
Overseas 
Absentee 
Registration 
AND 
CERTIFICATION. - Registration AND CERTIFICATION as an overseas 
absentee voter shall be done in person AT ANY POST ABROAD OR AT 
DESIGNATED REGISTRATION CENTERS IN THE PHILIPPINES APPROVED 
BY THE COMMISSION. 
“FIELD AND MOBILE REGISTRATION CENTERS SHALL BE SET UP 
BY THE POSTS CONCERNED TO .ENSURE ACCESSIBILITY BY THE 
OVERSEAS ABSENTEE VOTERS. 
PRE-DEPARTURE REGISTRATION 
SHALL LIKEWISE BE CONDUCTED IN ACCREDITED GOVERNMENT 
AGENCIES OR FACILITIES TO BE DETERMINED BY THE COMMISSION. 
[Qualified citizens of the Philippines abroad who failed to register under 
Republic Act No. 8189, otherwise known as “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 municipality of 
the applicant‘s stated residence for verification, hearing and annotation in the 
permanent list of voters. 
[All applications for the May, 2004 elections shall be filed with the 
Commission not later than two hundred eighty (280) calendar days before the 
day of elections. For succeeding elections, the Commission shall provide for the 
period within which applications to register must be filed.] 
[In the case of seafarers, the Commission shall provide a special 
mechanism for the time and manner of personal registration taking into 
consideration the nature of their work. 
[6.1. Upon receipt of the application for registration, the Election Officer 
shall immediately set the application for hearing, the notice of which shall be 
posted in a conspicuous place in the premises of the city or municipal building of 
the applicant‘s stated residence for at least one (1) week before the date of the 
hearing. The Election Officer shall immediately furnish a copy of the application 
to the designated representatives of political parties and other accredited groups. 
[6.2. If no verified objection to the application is filed, the Election Officer 
shall immediately forward the application to the Election Registration Board, 
which shall decide on the application within one (1) week from the date of 
hearing without waiting for the quarterly meeting of the Board. The applicant 
shall be notified of the approval or disapproval of hislher application by registered 
mail. 
[6.3. In the event that an objection to the application is filed prior to or on 
the date of hearing, the Election Officer shall notify the applicant of said objection 
by registered mail, enclosing therein copies of affidavits or documents submitted 
in support of the objection filed with the said Election Officer, if any. The 
applicant shall have the right to file his counter-affidavit by registered mail, purely 
stating therein facts and defenses sworn before any officer in the host country 
authorized to administer oaths. 
5 


16.4. 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. 
16.5. 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. 
r6.6. 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 of metropolitan trial court. The petition shall 
be decided within fifteen (15) days after its filing on the basis of the documents 
submitted in connection therewith. Should the court fail to render a decision 
within the prescribed period, the ruling of the Election Registration Board shall be 
considered affirmed. 
[6.7 
If the application has been disapproved, the applicant or his 
authorized representative shall within a period of five (5) days from receipt of the 
notice of disapproval, have the right to file a petition for inclusion with the proper 
municipal or metropolitan trial court. The petition shall be decided within five (5) 
days after its filing on the basis of documents submitted in connection therewith. 
[Qualified citizens of the Philippines abroad, who have previously 
registered as voters pursuant to Republic Act No. 8189 shall apply for 
certification as absentee voters and for inclusion in the National Registry of 
Overseas Absentee Voters, with a corresponding annotation in the Certified 
Voters’ List.] 
SEC. 5. A new Section 7 is hereby inserted to read as follows: 
“SEC. 7. RESIDENT ELECTION REGISTRATION BOARD; POWERS; 
EFFECT. - THERE SHALL BE A RESIDENT ELECTION REGISTRATION 
BOARD (RERB) WHICH SHALL PROCESS, APPROVE OR DISAPPROVE 
ALL APPLICATIONS FOR REGISTRATION OR CERTIFICATION OF 
OVERSEASABSENTEEVOTERS. 
“AN APPLICANT WHOSE APPLICATION FOR REGISTRATION HAS 
BEENAPPROVEDBYTHERERBSHALLBEENTITLEDTOVOTEONLYAS 
AN OVERSEAS ABSENTEE VOTER UNDER THIS ACT. HE MAY VOTE IN 
LOCAL ELECTIONS UPON APPROVAL OF HIS REQUEST FOR TRANSFER 
OF REGISTRATION RECORD BY THE LOCAL ELECTION REGISTRATION 
BOARD OF THE ClTYlMUNlClPALlTY COMPRISING HIS RESIDENCE.” 
SEC. 6. A new Section 8 is hereby inserted to read as follows: 
“SEC. 8. DUTIES AND FUNCTIONS OF THE RERB. - 
“8.1. UPON RECEIPT OF THE APPLICATIONS FOR REGISTRATION 
OR 
CERTIFICATION FROM THE 
POSTS AND FROM THE DULY 
DESIGNATED REGISTRATION CENTERS IN THE PHILIPPINES, THE RERB 
OF THE COMMISSION SHALL SCHEDULE THE HEARING OF THE 
APPLICATIONS FOR REGISTRATION. 
“IT SHALL BE THE DUTY OF THE RERB TO NOTIFY ALL POLITICAL 
PARTIES AND OTHER PARTIES CONCERNED OF THE PENDING 
APPLICATIONS FOR REGISTRATION OR CERTIFICATION THROUGH A 
WEEKLY 
UPDATED 
PUBLICATION 
IN THE 
WEBSITES 
OF 
THE 
APPLICANTS IN CONSPICUOUS PLACES NEAR THE PLACE WHERE THE 
RERB WILL HOLD ITS HEARING. 
COMMISSION AND THE DFA-OAVS AND TO POST THE NAMES OF THE 
6 


“8.2. THE RERB SHALL HAVE THE SOLE POWER AND AUTHORITY 
TO APPROVE OR DISAPPROVE THE APPLICATION FOR REGISTRATION 
OR CERTIFICATION. ANY PARTY MAY FILE AN OBJECTION TO THE 
APPLICATION WITHIN SEVEN (7) DAYS AFTER THE PUBLICATION OR 
POSTING OF THE NAMES OF THE APPLICANTS. IN CASE OF 
DISAPPROVAL 
OF 
THE 
APPLICATION 
FOR 
REGISTRATION OR 
CERTIFICATION, THE RERB SHALL NOTIFY THE APPLICANT OR HEWHIS 
AUTHORIZED REPRESENTATIVE IN THE PHILIPPINES ACCORDINGLY. 
WITHIN FIVE (5) DAYS FROM THE DATE OF DISAPPROVAL, STATING ME 
REASONS THEREFOR. 
”8.3. THE RERB SHALL INCLUDE THE NAMES OF THE APPLICANTS 
WITH APPROVED APPLICATIONS IN THE NATIONAL REGISTRY OF 
ABSENTEE VOTERS AND IN THE CERTIFIED LIST OF OVERSEAS 
ABSENTEE VOTERS (CLOAV) IN THE POSTS WHERE SHElHE INTENDS TO 
VOTE IN THE NEXT NATIONAL ELECTION SUBJECT TO THE APPROVAL 
OF THE COMMISSION EN BANC. 
“8.4. 
APPROVAL OF THE 
RERB ON APPLICATIONS FOR 
REGISTRATION 
OR 
CERTIFICATION 
SHALL 
BE 
IMMEDIATELY 
EXECUTORY UNLESS REVERSED OR SET ASIDE BY FINAL AND 
EXECUTORY JUDGMENT BY A COURT OF COMPETENT JURISDICTION. 
“8.5. 
IF THE APPLICATION HAS 
BEEN APPROVED, 
ANY 
INTERESTED PARTY MAY FILE A PETITION FOR EXCLUSION NOT LATER 
THAN ONE HUNDRED EIGHTY (180) DAYS BEFORE THE DAY OF 
ELECTIONS WITH THE PROPER MUNICIPAL 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 RERB 
SHALL BE CONSIDERED AFFIRMED. 
“8.6. 
IF THE APPLICATION HAS BEEN DISAPPROVED, THE 
APPLICANT OR HERlHlS AUTHORIZED REPRESENTATIVE SHALL, WITHIN 
A PERIOD OF FIVE (5) DAYS FROM RECEIPT OF THE NOTICE OF 
DISAPPROVAL, 
HAVE 
THE 
RIGHT 
TO 
FILE 
A 
MOTION 
FOR 
RECONSIDERATION BEFORE THE RERB OF THE COMMISSION WHICH 
SHALL BE DECIDED WITHIN FIVE (5) DAYS AFTER ITS FILING ON THE 
BASIS OF DOCUMENTS SUBMITTED IN CONNECTION THEREWITH. THE 
RESOLUTION OF THE RERB ON THE MOTION FOR RECONSIDERATION 
SHALL BE IMMEDIATELY EXECUTORY UNLESS REVERSED OR SET 
ASIDE BY THE COURT BY FINAL AND EXECUTORY JUDGMENT. 
“THE ADVERSE PARTY MAY FILE A PETITION FOR INCLUSION 
WITHIN TEN (IO) DAYS FROM RECEIPT OF THE NOTICE DENYING THE 
MOTION FOR RECONSIDERATION 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 RERB SHALL BE CONSIDERED AFFIRMED. 
“QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD, WHO HAVE 
PREVIOUSLY REGISTERED AS VOTERS PURSUANT TO REPUBLIC ACT 
NO. 8189 SHALL APPLY FOR CERTIFICATION AS ABSENTEE VOTERS 
AND FOR INCLUSION IN THE NATIONAL REGISTRY OF OVERSEAS 
ABSENTEE VOTERS. IN CASE OF APPROVAL, THE ELECTION OFFICER 
CONCERNED SHALL ANNOTATE THE NAME OF THE VOTER IN THE 
CERTIFIED VOTERS LIST AND HIS VOTER’S REGISTRATION RECORDS. 
7 


“APPLICANTS WHOSE APPLICATIONS FOR REGISTRATION AND 
CERTIFICATION AS OVERSEAS ABSENTEE VOTERS HAVE BEEN 
APPROVED MUST NOTIFY THE COAV, THROUGH ITS CHAIRMAN, IN THE 
EVENT OF CHANGE OF VOTING VENUE, AT LEAST ONE HUNDRED 
EIGHTY (180) DAYS PRIOR TO THE NEXT NATIONAL ELECTIONS; 
PROVIDED, THAT THOSE WHO WOULD EVENTUALLY 
VOTE IN THE 
PHILIPPINES SHOULD REGISTER IN THE MUNICIPALITY WHERE THEY 
INTEND TO VOTE AND WITHIN THE TIME FRAME PROVIDED FOR LOCAL 
REGISTRATION: PROVIDED FURTHER, THAT THE APPLICANT SHALL 
NOTIFY THE COAV, THROUGH ITS CHAIRMAN, OF HIS TRANSFER IN THE 
PHILIPPINES AT LEAST ONE HUNDRED EIGHTY (180) DAYS PRIOR TO 
THE NEXT NATIONAL ELECTIONS FOR PURPOSES OF CANCELLING HIS 
NAME IN THE CLOAV AND 
REMOVAL OF HIS OVERSEAS ABSENTEE 
VOTER’S REGISTRATION RECORDS FROM THE BOOK OF VOTERS. 
“THE COMMISSION SHALL EXERT ALL EFFORTS TO ISSUE 
OVERSEAS ABSENTEE VOTER IDENTIFICATION CARDS TO THOSE 
WHOSE APPLICATIONS TO VOTE HAVE BEEN APPROVED.” 
SEC. 7. Section 7 of the same Act is hereby renumbered as Section 9 and is 
“SEC.[7].9 
- 
System 
of 
Continuing 
Registration. - 
The 
Commission shall ensure that the benefits of the system of continuing registration 
are extended to qualified overseas absentee voters. Towards this end, the 
Commission IS AUTHORIZED TO UTILIZE AND [shall] optimize the use of 
existing facilities, personnel and mechanisms of the various government 
agencies for purposes of data gathering, data validation, information 
dissemination and facilitation of the registration process. 
”Pre-departure programs, services and mechanisms offered and 
administered by the Department of Foreign Affairs, Department of Labor and 
Employment, Philippine Overseas Employment Administration, Overseas 
Workers’ Welfare Administration, Commission on Filipinos Overseas and other 
appropriate agencies of the government AND 
PRIVATE AGENCIES 
PROVIDING SAME SERVICES shall be utilized for purposes of supporting the 
overseas absentee registration and voting processes, subject to SYSTEMS 
limitations AND THOSE imposed by law.” 
SEC. 8. Section 8 of the same Act is hereby renumbered as Sec. 10 and is 
“SEC. [8] I O .  Requirements for Registration. - Every Filipino registrant 
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 found them 
sufficient to warrant the issuance of a passport, or that the applicant is a 
holder of a valid passport but is unable to produce the same for a valid 
reason; 
b. “Accomplished registration form 
prescribed by the Commission 
[containing the following mandatory information: 
i. Last known residence of the applicant in the Philippines before 
leaving for abroad; 
ii. Address of applicant abroad, or forwarding address in the case of 
seafarers; 
amended to read as follows. 
amended to read as follows: 
shall be required to furnish the following documents: 
8 


iii. Where voting by mail is allowed, the applicant‘s mailing address 
outside the Philippines where the ballot for absentee voters will be 
sent, in proper cases; and 
iv. Name and address of applicant‘s authorized representative in the 
Philippines for purposes of Section 6.7 and Section 12 hereof.] 
[c. “In the case of immigrants and permanent residents not othetwise 
disqualified to vote under this Act, an affidavit declaring the intention to 
resume actual physical permanent residence in the Philippines not later 
than three (3) years after approval of hidher registration as an overseas 
absentee voter under this Act. Such affidavit shall also state that he/she 
has not applied for citizenship in another country. I 
C. “IN THE CASE OF APPLICANTS WHO WILL AVAIL OF THE 
CITIZENSHIP RETENTION AND REACQUISITION ACT (R.A. NO. 
9225), THEY ARE REQUIRED TO PRESENT THE ORIGINAL OR 
CERTIFIED TRUE 
COPY 
OF THE 
ORDER 
OF 
APPROVAL 
APPROVING HIS APPLICATION TO RETAIN OR REACQUIRE HIS 
FILIPINO CITIZENSHIP ISSUED BY THE POST OR HlSlHER 
IDENTIFICATION CERTIFICATE ISSUED BY THE BUREAU OF 
IMMIGRATION. 
“The Commission may also require additional data to facilitate registration 
and recording. No information other than those necessary to establish the 
identity and qualification of the applicant shall be required. 
SEC. 9. Section 9 of the same Act is hereby renumbered as Section 11 and is 
“Sec.[9]11. 
National Registry of Overseas Absentee Voters. - The 
Commission shall maintain a National Registry of Overseas Absentee Voters 
(NROAV). 
ALL [Approved applications ofl overseas absentee registrants 
WHOSE APPLICATIONS HAVE BEEN APPROVED shall also be included in 
the REGULAR REGISTRY OF OVERSEAS ABSENTEE VOTERS (ROAV) IN 
THE CITY OR MUNICIPALITY WHERE THE REGISTRANT IS DOMICILED. 
[permanent list of voters of the city or municipality where the registrant is 
domiciled [with the corresponding annotation that such person has been 
registered or will be voting as an overseas absentee voter. The registry shall also 
include those registered under Republic Act 8189 and who have been issued 
certifications as overseas absentee voters. The entries in the National Registry of 
Overseas Absentee Voters and the annotations as overseas absentee voters in 
the Certified Voters List shall be permanent, and cannot be cancelled or 
amended except in any of the following cases: 
amended to read as follows: 
[11.1 When the overseas absentee voter files a letter under oath 
addressed to the Commission that he / she wishes to be removed from the 
Registry of Overseas Absentee Voters, or that his / her name to be transferred to 
the regular registry of voters; or, 
[I 
1.2 When an overseas absentee voter’s name was ordered removed by 
the Commission from the Registry of Overseas Absentee Voters for his/her 
failure to exercise hislher right to vote under this Act for two (2) consecutive 
national elections.] 
“TOWARDS THIS END, THE COMMISSION SHALL PROVIDE EACH 
AND EVERY MUNICIPALITY OR CITY WITH A REGISTRY OF OVERSEAS 
ABSENTEE VOTER (ROAV) FOR THEIR REFERENCE. 
“THE COMMISSION SHALL DEACTIVATE THE REGISTRATION AND 
REMOVE THE REGISTRATION RECORDS OF THE FOLLOWING PERSONS 
FROM THE NROAV AND THE CORRESPONDING ROAV AND PLACE THE 
9 


SAME, PROPERLY MARKED AND DATED IN INDELIBLE INK, IN THE 
INACTIVE FILE AFTER ENTERING THE CAUSE(S) OF DEACTIVATION: 
A. “ANY PERSON WHO HAS BEEN SENTENCED BY FINAL 
JUDGMENT TO SUFFER IMPRISONMENT FOR NOT LESS THAN 
ONE (1) YEAR, SUCH DISABILITY NOT HAVING BEEN REMOVED 
BY PLENARY PARDON OR AMNESTY PROVIDED, HOWEVER, 
THAT ANY PERSON DISQUALIFIED TO VOTE UNDER THIS 
PARAGRAPH SHALL AUTOMATICALLY REACQUIRE THE RIGHT 
TO VOTE UPON EXPIRATION OF FIVE (5) YEARS AFTER 
SERVICE OF SENTENCE AS CERTIFIED BY THE CLERKS OF 
COURTS OF THE 
MUNICIPAL 
I 
MUNICIPAL CIRCUIT I 
METROPOLITAN I REGIONAL TRIAL COURTS AND THE 
SANDIGANBAYAN; 
B. “ANY 
PERSON WHO HAS BEEN ADJUDGED BY FINAL 
JUDGMENT BY A COMPETENT COURT OR TRIBUNAL OF 
HAVJNG 
CAUSEDKOMMJTTED 
ANY 
CRIME 
INVOLVING 
DISLOYALTY TO THE DULY CONSTITUTED GOVERNMENT 
SUCH AS REBELLION, SEDITION, VIOLATION OF THE ANTI- 
SUBVERSION AND FIREARMS LAWS, OR ANY CRIME AGAINST 
NATIONAL SECURITY, UNLESS RESTORED TO HIS FULL CIVIL 
AND POLITICAL RIGHTS IN ACCORDANCE WITH LAW: 
PROVIDED, THAT HE SHALL REGAIN HIS RIGHT TO VOTE 
AUTOMATICALLY UPON EXPIRATION OF FIVE (5) YEARS 
AFTER SERVICE OF SENTENCE; 
C. “ANY PERSON DECLARED BY COMPETENT AUTHORITY TO BE 
INSANE OR INCOMPETENT UNLESS SUCH DISQUALIFICATION 
HASBEENSUBSEQUENTLYREMOVEDBYADECLARATIONOF 
A PROPER AUTHORITY THAT SUCH PERSON IS NO LONGER 
INSANE OR INCOMPETENT; 
D. “ANY 
PERSON WHO DID NOT VOTE IN THE TWO (2) 
SUCCESSIVE PRECEDING NATIONAL ELECTIONS AS SHOWN 
BY THEIR VOTING RECORDS; AND 
E. “ANY PERSON WHOSE REGISTRATION HAS BEEN ORDERED 
EXCLUDED BY THE COURT.” 
SEC. I O .  Section I O  of the same Act is hereby renumbered as Section 12. 
SEC. 11. Sections 11 and 12 of the same Act are hereby deleted: 
[SEC. 11 - Procedure for Application to Vote in Absentia. - 
[I 
1. 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 transmit to the Commission the said application to 
vote within five (5) days from receipt thereof. The application form shall be 
accomplished in triplicate and submitted together with the photocopy of hislher 
overseas absentee voter certificate of registration. 
[ T I .  2. Every application to vote in absentia may be done personally at, 
or by mail to, the embassy, consulate or Foreign Service establishment, which 
has jurisdiction over the country where helshe has indicated hidher address for 
purposes of the elections. 
10 


[I 
1. 3. Consular and diplomatic services rendered in connection with the 
overseas absentee voting processes shall be made available at no cost to the 
overseas absentee voter. 
[SEC. 12 - Verification and Approval of Application to Vote - All 
applications shall be acted upon by the Commission upon receipt thereof, but in 
no case later than one hundred fifty (150) days before the day of elections. In 
the event of disapproval of the application, the voter or his authorized 
representative may file a Motion for Reconsideration with the Commission 
personally, or by registered mail, within ten (IO) days from receipt of the notice 
of disapproval. The Commission shall act within five (5) days from receipt of 
such Motion for Reconsideration and shall immediately notify the voter of its 
decision. The decision of the Commission shall be final and executory. 
The Commission shall issue an overseas absentee voter identification card 
to those whose applications to vote have been approved.] 
SEC. 12. A new Section 13 of the same Act is hereby inserted to read as 
follows: 
“SEC. 13. REACTIVATION OF REGISTRATION. - ANY OVERSEAS 
ABSENTEE VOTER WHOSE REGISTRATION HAS BEEN DEACTIVATED 
PURSUANT TO THE PRECEDING SECTION MAY FILE WITH THE COAV 
ANY TIME BUT NOT LATER THAN ONE HUNDRED TWENTY (120) DAYS 
BEFORE THE NEXT NATIONAL ELECTIONS A SWORN APPLICATION FOR 
REACTIVATION OF HIS REGISTRATION IN THE FORM OF AN AFFIDAVIT 
STATING THAT THE GROUNDS FOR THE DEACTIVATION NO LONGER 
EXIST. 
“THE COAV SHALL SUBMIT SAID APPLICATION TO THE RERB FOR 
APPROPRIATE ACTION.” 
SEC. 13. A new Section 14 of the same Act is hereby inserted to read as follows: 
“SEC.14. CANCELLATION OF REGISTRATION. - 
THE RERB SHALL 
CANCEL THE REGISTRATION RECORDS OF THOSE WHO HAVE DIED AS 
CERTIFIED BY EITHER THE POSTS OR THE LOCAL CIVIL REGISTRAR 
AND THOSE WHO HAVE BEEN PROVEN TO HAVE LOST THEIR FILIPINO 
CITIZENSHIP.” 
SEC. 14. Section 13 of the same Act is hereby renumbered as Section 15 and is 
amended to read as follows: 
“Sec. [I31 15. Preparation and Posting of Certified List of Overseas 
Absentee Voters. - The Commission shall prepare the CLOAV [Certified List of 
Overseas Absentee Voters] within one hundred twenty (120) days before every 
election, and furnish within the same period ELECTRONIC AND HARD copies 
thereof to the appropriate POSTS [embassies, consulates and other foreign 
service establishments], which shall post the same in their bulletin boards OR 
WEBSITES within ten (IO) days from receipt thereof. 
Subject to reasonable regulation and the payment of fees in such 
amounts as may, be fixed by the Commission, the candidates, political parties, 
accredited citizens’ arms, AND all other interested persons [and all embassies, 
consulates and other foreign service establishments] shall be furnished copies 
thereof.” 
SEC. 15. Section 14 of the same Act is hereby renumbered as Section 16 and is 
amended to read as follows: 
“SEC.[14] 16. Printing and Transmittal of Ballots, Voting Instructions, 
Election Forms and Paraphernalia. - 
11 


“[14.1] 16.1. The Commission shall cause the printing of ballots for overseas 
absentee voters, [voting instructions,] and 
ALL OTHER ACCOUNTABLE 
election forms in such number as may be necessary, but in no case shall it 
exceed the total number of approved applications. Security markings shall be 
used in the printing of ballots for overseas absentee voters. 
“[14.2] 16.2. The Commission shall present to the authorized representatives of 
the Department of Foreign Affairs and the accredited major political parties the 
ballots for overseas absentee voters, voting instructions, election forms and 
other election paraphernalia for scrutiny and inspection prior to their transmittal to 
the POSTS [embassies, consulates and other foreign service establishments 
concerned]. 
”[14.3] 16.3. The Commission shall, AS FAR AS PRACTICABLE, [not later than 
seventy five (75) 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 absentee voters corresponding to the 
number of approved applications, along with such [materials and election 
paraphernalia] ACCOUNTABLE FORMS necessary to ensure the [secrecy and] 
integrity of the election. NOT LATER THAN FORTY FIVE (45) DAYS BEFORE 
THE DAY OF ELECTIONS. 
“[14.4] 16.4. The authorized representatives of accredited major political parties 
shall have the right to be present in all phases of printing, transmittal, and casting 
of mailed ballots abroad. [Unclaimed ballots properly marked as such, shall be 
cancelled and shipped to the Commission by the least costly method.]” 
SEC. 16. Section 15 of the same Act is hereby renumbered as Section 17 and is 
“SEC.[15] 17. Regulation on Campaigning Abroad. - The use of 
campaign materials, as well as the limits on campaign spending shall be 
governed by the laws and regulations applicable in the Philippines AND TO THE 
EXTENT ALLOWABLE BY THE LAWS OF HOST COUNTRIES.” 
SEC. 17. A new Section 18 of the same Act is hereby inserted to read as 
amended to read as follows: 
follows: 
“SEC. 18. VOTING. -VOTING MAY DE DONE EITHER PERSONALLY 
OR BY MAIL, AT THE OPTION OF THE OVERSEAS ABSENTEE VOTER, OR 
BY ANY OTHER MEANS AS MAY BE ALLOWED UNDER SECTION 52(1) OF 
BATAS PAMBANSA BLG. 881 AS AMENDED. 
THEOVERSEASABSENTEEVOTEROPTlNGFORPOSTALVOTlNG 
SHALL FILE HIS REQUEST WITH THE POST THAT HAS JURISDICTION 
OVER THE COUNTRY WHERE HElSHE TEMPORARILY RESIDES AT LEAST 
ONE HUNDRED TWENTY (120) DAYS BEFORE THE DAY OF THE 
ELECTION. ONLY THOSE WHO APPLIED FOR A POSTAL VOTE SHALL BE 
GIVEN MAILED BALLOTS. THEY MAY MAIL OR PERSONALLY DELIVER 
THEIR DULY ACCOMPLISHED BALLOTS TO THE POST CONCERNED 
ENSURING THAT THE SAME WILL BE RECEIVED BY THE SBRCG 
CONCERNED ON OR BEFORE THE CLOSE OF VOTING ON THE DAY OF 
THE ELECTIONS. 
SEC. 18. Section 16 of the same Act is hereby renumbered as Section 19 and is 
“SEC. [I61 19. PERSONAL VOTING. - Casting and Submission of 
amended to read as follows: 
Ballots. 


“[16.1] 19.1. Upon receipt [by the designated officer of the embassy, 
consulate and other foreign service establishments] of the ballots for overseas 
absentee voters [, voting instructions, election forms and other paraphernalia] 
AND SUCH OTHER ACCOUNTABLE FORMS, BY THE DESIGNATED 
OFFICER OF THE POST, he/she shall make them available on the premises to 
the qualified overseas absentee voters in their respective jurisdictions during the 
thirty (30) days before AND ON the day of elections when overseas absentee 
voters may cast their vote. Immediately upon receiving it, the overseas absentee 
voter must fill-out hislher ballot personally, in secret, without leaving the premises 
of the POSTS [embassies, consulates and other Foreign Service establishments 
concerned]. 
“[16.2] 19.2. The overseas absentee voter shall personally accomplish 
hidher ballot at the POSTS [ 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. 
“[16.3] 19.3. VOTING SHALL BE FOR A MAXIMUM PERIOD OF 
THIRTY (30) DAYS INCLUDING THE DAY OF ELECTIONS, ESTABLISHED 
HOLIDAYS IN THE PHILIPPINES AND SUCH OTHER HOLIDAYS IN THE 
HOST COUNTRIES. 
“The overseas absentee voter shall cast hidher ballot, upon presentation 
of the absentee voter identification card issued by the Commission OR SUCH 
OTHER DOCUMENTS ACCEPTABLE TO THE SBEl AT THE POST 
SUFFICIENT TO ESTABLISH HlSlHER IDENTITY. Within the thirty (30) days 
before the day of elections. In the case of seafarers, they shall cast their ballots 
anytime within sixty (60) days before the day of elections as prescribed in the 
Implementing Rules and Guidelines.] 
“UPON WRITTEN REQUESTS FROM THE POSTS AND FAVORABLE 
RECOMMENDATION OF THE DFA, THE COMMISSION MAY PRESCRIBE A 
LESSER NUMBER OF DAYS OF VOTING WHEN ALL REGISTERED 
OVERSEAS ABSENTEE VOTERS THEREAT HAVE ALREADY CAST THEIR 
VOTES. 
“[16.4] 
19.4. All accomplished ballots received shall be placed 
sealed containers and kept in a secure place designated by 
“[16.5] 19.5. The POSTS [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 thereof]. In addition, the POSTS [embassies, 
consulates and other Foreign Service establishments] shall submit a formal 
report to the Commission and 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. 
[unopened] inside 
the Commission. 
“19.6. BEFORE THE START OF COUNTING, ALL UNUSED BALLOTS 
SHALL BE APPROPRIATELY DISPOSED OF BY THE CONCERNED POSTS 
AFTER ACCOUNTING FOR THE SAME WITH THE FORMAL REPORT 
TRANSMITTED TO THE COMMISSION OF SUCH FACT. 
“[16.6. The overseas absentee voter shall be instructed that hidher ballot 
shall not be counted if it is not inside the special envelope furnished himlher 
when it is cast. 
13 


"116.7. 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.] 19.7. Only ballots cast, ON OR BEFORE THE CLOSE OF 
VOTING ON THE DAY OF ELECTIONS SHALL BE COUNTED AFTER THE 
PRESCRIBED PERIOD. [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 other Foreign 
Service establishments after the prescribed period shall not be opened, and shall 
be cancelled and shipped to the Commission by the least costly method within 
six (6) months from the day of elections.] 
"[16.9.]19.8. A Special Ballot Reception and Custody Group (SBRCG) 
composed of three (3) members shall be constituted by the Commission from 
among the staff of the POSTS [embassies, consulates and other foreign service 
establishments] concerned, including their attached agencies, and citizens of the 
Philippines abroad, who will be deputized to receive ballots and ALL OTHER 
ELECTION FORMS AND take custody of the same preparatory to their 
transmittal to the Special Boards of Election Inspectors. 
"[16.10.]19.9. During this phase of the election process, the authorized 
representatives of political parties, candidates, and accredited citizens' arms of 
the Commission shall be notified in writing thereof and shall have the right to 
witness the proceedings. 
"[16.11.]19.10. The 
Commission shall 
CONTINUOUSLY 
study, 
EVALUATE AND RECOMMEND THE ADOPTION OR the use of [electronic 
mail,] internet or other secured networks in the casting of votes. [, and submit] IT 
SHALL LIKEWISE EVALUATE AND RECOMMEND THE APPROPRIATE 
SOFTWARE AND HARDWARE TECHNOLOGIES FOR SUCH PURPOSE FOR 
SUBMISSION OF a report thereon to the Joint Congressional Oversight 
Committee." 
SEC. 19. Section 17 of the same Act is hereby renumbered as Section 20 and is 
"SEC. [I71 20. Voting by Mail. - MAILING AND SUBMISSION OF 
"[17.1 For the May 2004 elections, the Commission shall authorize voting 
by mail in not more than three (3) countries, subject to the approval of the 
Congressional Oversight Committee. Voting by mail may be allowed in countries 
that satisfy the following conditions: 
a. Where the mailing system is fairly well-developed and secure to 
prevent occasion for 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. 
amended to read as follows: 
BALLOTS. 
"Thereafter, voting by mail in any country shall be allowed only upon 
review and approval of the Joint Congressional Oversight Committee.] 
14 


“20.1. 
THE COMMISSION SHALL TAKE CUSTODY OF ALL 
OUTGOING BALLOTS PREPARATORY TO THEIR MAILING TO THE 
VOTERS. 
“THE BALLOTS SHALL BE SENT BY THE COMMISSION DIRECTLY 
TO THE REGISTERED VOTERS BY MAIL THROUGH THE FACILITIES OF 
THE PHILIPPINE POSTAL CORPORATION (PHILPOST). 
“THE PHILPOST SHALL GIVE PREFERENCE TO THE MAILED 
BALLOTS OVER ALL OTHER MAIL MATTERS AND ENSURE THAT THEIR 
SANCTITY IS PRESERVED. 
“20.2. 
THE 
POSTS ADOPTING 
VOTING 
BY MAIL 
SHALL 
CONSTITUTE ITS SBRCGs TO RECORD, VERIFY, RECEIVE AND TAKE 
CUSTODY OF ACCOMPLISHED MAILED BALLOTS. 
“[17.2.] 20.3. 
The overseas absentee voter shall send hidher 
accomplished ballot AT ANY TIME UPON RECEIPT THEREOF, AND ENSURE 
THAT THE SAME BALLOT IS RECEIVED BY THE POST ON OR BEFORE 
THE CLOSE OF VOTING ON THE DAY OF ELECTIONS; PROVIDED, 
HOWEVER, THAT MAILED BALLOTS THAT BEAR THE STAMPMARK OF 
THE LOCAL POSTAL SERVICE SHOWING THAT THEY WERE MAILED 
BEFORE SAID CLOSE OF VOTING, SHALL BE COUNTED. Po the 
corresponding embassy, consular or foreign service establishment that has 
jurisdiction over the country where he/she temporarily resides. Helshe shall be 
entitled to cast hislher ballot at any time upon hislher receipt thereof, provided 
that the same is received before the close of voting on the day of elections.] The 
overseas absentee voter shall be instructed that hislher ballot shall not be 
counted if not transmitted in the special envelope furnished himlher. 
“[17.3.] 20.4. Only mailed ballots received by the POSTS [Philippine 
embassy, consulate and other foreign service establishments] ON OR before 
the close of voting on the day of elections shall be counted, EXCEPT AS 
PROVIDED IN THE PRECEDING SECTION. [in accordance with Section 18 
hereof,] SUBJECT TO SAID EXCEPTION, all envelopes containing the 
ACCOMPLISHED ballots received [by the embassies, consulates and other 
Foreign Service establishments] after the prescribed period shall not be opened, 
and [shall be cancelled and disposed ofl SHALL BE FILED AND KEPT 
appropriately FOR PURPOSES OF DOCUMENTATION, with a corresponding 
INVENTORY report thereon. ACCREDITED MAJOR POLITICAL PARTIES 
SHALL BE FURNISHED COPIES OF THE SAID REPORT [submitted to the 
Commission] not later than thirty (30) days from the day of elections. 
“20.5. A COMPLETE REPORT OF THE NAMES AND ADDRESSES OF 
THE VOTERS TO WHOM THESE BALLOTS WERE SENT SHALL BE 
MAINTAINED BY THE COMMISSION. IN ADDITION, IT SHALL SUBMIT A 
FORMAL REPORT 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. 
“20.6. ALL “RETURN TO SENDER” MAILED BALLOTS RETURNED 
TO COMMISSION SHALL NOT BE OPENED, AND SHALL BE CANCELLED 
AND DISPOSED OF APPROPRIATELY, WITH A CORRESPONDING 
INVENTORY REPORT THEREON DULY 
FURNISHED THE 
MAJOR 
POLITICAL PARTIES NOT LATER THAN THIRTY (30) DAYS FROM THE DAY 
OF ELECTIONS.” 
SEC. 20. A new Section 21 of the same Act is hereby insetted to read as follows: 
15 


“SEC. 21. VOTING BY SEAFARERS. - SEAFARERS MAY VOTE IN 
ACCORDANCE WITH SECTION 18 OF THIS ACT. FOR THIS PURPOSE, THE 
COMMISSION SHALL PREPARE A SEPARATE CLOAV FOR SEAFARERS.” 
SEC. 21. Section 18 of the same Act is hereby renumbered as Section 22 and 
amended to read as follows: 
“SEC. [I 
81 22. - On-site Counting and Canvassing - 
[18.1] 22.1. The counting and canvassing of votes shall be conducted on- 
site in the country where the votes were actually cast. The opening of the 
specially-marked envelopes containing the ballots and the 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. The [Commission shall ensure that the] start of counting in [all] 
polling places abroad shall, AS FAR AS PRACTICABLE, COINCIDE [be 
synchronized] with the start of counting in the Philippines TAKING INTO 
CONSIDERATION THE RESPECTIVE TIME ZONES OF THE DIFFERENT 
POSTS. 
[18.2.] 22.2. 
For these purposes, the Commission shall constitute as 
many Special Boards of Election Inspectors (SBEls) as may be necessary to 
conduct and supervise the counting of votes as provided in Section 18.1 hereof. 
IN THE POSTS, THE SBEls r h e  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, HEAD OF POST, 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 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] SBEls on issues 
brought before it during the conduct of its proceedings shall be valid only when 
they carry the approval of the chairman. 
Immediately upon the completion of the counting, the [Special Boards of 
Election Inspectors] SBEls shall transmit via facsimile andlor electronic mail the 
results to the Commission in Manila and the accredited major political parties. 
[18.3.] 22.3. IN POSTS WHERE VOTING BY MAIL IS ADOPTED, 
[Olonly 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, EXCEPT AS PROVIDED IN SECTION 
20.3. Those received afterwards shall not be counted. 
[18.4.] 22.4. A Special Board of Canvassers (SBOC) composed of THE 
HIGHEST RANKING OFFICER FROM THE POST [a lawyer preferably of the 
Commission] as chairman, 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 deputized by 
the Commission, as vice-chairman and member-secretary, respectively, shall be 
constituted to canvass the election returns submitted to it by the [Special Boards 
of Election Inspectors] SBEls. Immediately upon the completion of the canvass, 
the chairman of the [Special Board of Canvassers] SBOC shall transmit via 
facsimile, electronic mail, or any other means of transmission equally safe and 
reliable the Certificates of Canvass and the Statements of Votes to the 
Commission, and shall cause to preserve the same immediately after the 
conclusion of the canvass, and make it available upon the instructions of the 
Commission. The [Special Board of Canvassers] SBOC shall also furnish the 
accredited major political parties and accredited citizens’ arms with copies 
16 


thereof via facsimile, electronic mail and any other means of transmission equally 
safe, secure and reliable. 
The Certificates of Canvass and the accompanying Statements of Votes 
as transmitted via facsimile, electronic mail and any other means of transmission 
equally safe, secure and reliable shall be the primary basis for the national 
canvass. 
[18.5] 22.5. The canvass of votes shall not cause the delay of the 
proclamation of a winning candidate if the outcome of the election will not be 
affected by the results thereof. Notwithstanding the foregoing, the Commission is 
empowered to order the proclamation of winning candidates despite the fact that 
the scheduled election has not taken place in a particular country or countries, if 
the holding of elections therein has been rendered impossible by events, factors 
and circumstances peculiar to such country or countries, and which events, 
factors and circumstances are beyond the control or influence of the 
Commission. 
[18.6.] 22.6. In the preparation of the final tally of votes on the results of 
the national elections, the Commission shall ensure that the votes canvassed by 
each and every country shall be reflected as a separate item from the tally of 
national votes. For purposes of this Act, the returns of every election for 
president and vice-president prepared by the special board of canvassers shall 
be deemed a certificate of canvass of a city or a province. 
t18.7.1 22.7. Where feasible, the counting and canvassing of votes shall 
be automated. Towards this end, the Commission is hereby authorized to 
borrow, rent, lease or acquire automated voting machines for purposes of 
canvassing and counting of votes pursuant to the provisions of this Act, and in 
accordance with the Implementing Rules and Regulations promulgated by the 
Commission" 
Sec. 22. Sec. 19 of the same Act is hereby renumbered as Section 23 and is 
"SEC.[19] 23. Authority of the Commission to Promulgate Rules. - The 
Commission shall issue the necessary rules and regulations to effectively 
implement the provisions of this Act within sixty (60) days from the effectivity of 
this Act. n h e  Implementing Rules and Regulations shall be submitted to the 
Joint Congressional Oversight Committee created by virtue of this Act for prior 
approval.] 
amended to read as follows: 
"SUBJECT TO THE SPECIFIC GUIDELINES HEREIN PROVIDED, THE 
COMMISSION IS HEREBY AUTHORIZED TO PRESCRIBE INNOVATIVE AND 
ADDITIONAL PROCEDURES FOR OVERSEAS ABSENTEE REGISTRATION 
AND ADOPT SUCH OTHER ADVANCED TECHNOLOGICAL SYSTEMS 
ASIDE FROM THE SYSTEM BEING USED BY THE COMMISSION IN THE 
LOCAL REGISTRATION, TAKING INTO CONSIDERATION, AS FAR AS 
PRACTICABLE, THE TIME ZONES OF THE COUNTRIES AND THE VARIOUS 
PERIODS AND PROCESSES HEREIN PROVIDED FOR THE PROPER 
IMPLEMENTATION OF THIS ACT AND THE OTHER PECULIARITIES 
ATTENDANT TO THE IMPLEMENTATION OF THE OVERSEAS ABSENTEE 
VOTING. 
"[In the formulation of the rules and regulations, the Commission shall 
coordinate with the Department of Foreign Affairs, Department of Labor and 
Employment, Philippine Overseas Employment Administration, Overseas 
Workers Welfare Administration, and the Commission on Filipinos Overseas. 
Non-government organizations and accredited Filipino organizations or 
associations abroad shall be consulted.]" 
17 


Sec. 23. Section 20 of the same Act is hereby renumbered as Section 24 and is 
“SEC. [20] 24. - lnformation Campaign - The Commission, in 
coordination with agencies concerned, shall undertake an information campaign 
to educate the public on the manner of absentee voting for qualified overseas 
absentee voters. It may require the support and assistance of the Department of 
Foreign Affairs, through the POSTS [embassies, consulates and other Foreign 
Service establishments], Department of Labor and Employment, Department of 
Transportation and Communications, Philippine Postal Corporation, Philippine 
Overseas 
Employment 
Administration, 
Overseas 
Workers’ 
Welfare 
Administration and the Commission on Filipinos Overseas. The Commission may 
deputize Filipino organizationslassociations overseas for the same purpose: 
Provided, That any such DEPUTIZED organizationlassociation shall be 
prohibited from participating in the elections by campaigning for or fielding 
candidates; Provided further, that if any such deputized organization/association 
is discovered to have a member who is not a qualified overseas absentee voter 
as herein defined, such deputized organizationlassociation shall be banned from 
participating in any manner, and at any stage, in the Philippine political process 
abroad. 
amended to read as follows: 
”IN ADDITION, THE COMMISSION SHALL HAVE THE AUTHORITY 
TO ENTER INTO CONTRACTS WITH ENTITIES, PUBLIC OR PRIVATE, TO 
ENSURE EFFECTIVE INFORMATION DISSEMINATION. 
“Such information campaign shall educate the Filipino public, within and 
outside the Philippines, on the PHILIPPINE ELECTORAL SYSTEM, THEIR 
rights AS [of] overseas absentee voters, absentee voting processes, and other 
related concerns. lnformation materials shall be developed by the Commission 
for distribution, through the said government agencies and private organizations. 
No government agency or accredited private organizations shall prepare, print, 
distribute or post in websites any information material without the prior approval 
of the Commission. 
“THE COMMISSION IS AUTHORIZED TO APPROPRIATE NOT LESS 
THAN TEN PER CENT (10%) OF THE OVERSEAS ABSENTEE VOTING 
BUDGET TO DEFRAY THE EXPENSES THAT WILL BE INCURRED TO 
EFFECTIVELY CARRY OUT THE OVERSEAS ABSENTEE VOTERS 
INFORMATION AND EDUCATION CAMPAIGN. 
“TRAINING OF THE MEMBERS OF FOREIGN SERVICE CORPS ON 
OVERSEAS ABSENTEE VOTING PROCESSES, RULES AND PROCEDURES 
SHALL FORM PART AND 
PARCEL OF 
THEIR 
BRIEFING AND 
ORIENTATION PRIOR TO THEIR POSTING ABROAD TO BE UNDERTAKEN 
BY THE COMMISSION, IN COORDINATION WITH THE DFA-OAVS. THE 
COAV, THROUGH ITS CHAIRMAN, MAY ALSO AUTHORIZE THE CONDUCT 
OF TRAININGS OF THE MEMBERS OF THE DEPUTIZED BODIES 
CONCERNING THE 
PROCESSES, RULES AND PROCEDURES ON 
REGISTRATION AND ELECTION BOTH HERE AND ABROAD AT LEAST 
ONE HUNDRED TWENTY (120) DAYS BEFORE EACH SCHEDULED 
REGISTRATION OR NATIONAL ELECTION.” 
Sec. 24. Section 21 of the same Act is hereby renumbered as Section 25. 
Sec. 25. Section 22 of the same Act is hereby renumbered as Section 26 and is 
“SEC. [20] 26 -Assistance from Government Agencies. - All government 
officers, particularly from the Department of Foreign Affairs, Department of Labor 
and Employment, Department of Transportation and Communications, Philippine 
Postal Corporation, Philippine Overseas Employment Administration, Overseas 
Workers’ Welfare Administration, Commission on Filipinos Overseas and other 
amended to read as follows: 
18 


government offices concerned with the welfare of the Filipinos overseas shall, to 
the extent compatible with their primary responsibilities, assist the Commission in 
carrying out the provisions of this Act. All such agencies or officers thereof shall 
take reasonable measures to expedite all election activities, which the 
Commission shall require of them. When necessary, the Commission may send 
supervisory teams headed by career officers to assist the POSTS [embassies, 
consulates and other Foreign Service establishments concerned]. 
“LIKEWISE, CONSULAR AND DIPLOMATIC SERVICES RENDERED 
IN CONNECTION WITH THE OVERSEAS ABSENTEE VOTING PROCESSES 
SHALL BE MADE AVAILABLE AT NO COSTS TO THE OVERSEAS 
ABSENTEE VOTER.” 
Sec. 26. Section 23 of the same Act is hereby renumbered as Section 27. 
Sec. 27. Section 24 of the same Act is hereby renumbered as Section 28 and is 
“SEC. [24]28. Prohibited Acts. In addition to the prohibited acts provided 
by law, it shall be unlawful: 
“[24.1]28.1. For any officer or employee of the Philippine government to 
influence or attempt to influence any person covered by this Act to vote, or not to 
vote, for a particular candidate. Nothing in this Act shall be deemed to prohibit 
free discussion regarding politics or candidates for public office. 
“[24.2]28.2. For any person to deprive any person of any right secured in 
this Act, or to give false information as to hislher name, address, or period of 
residence for the purposes of establishing hidher eligibility or ineligibility to 
register or vote under this Act; or to conspire with another person for the purpose 
of encouraging the giving of false information in order to establish the eligibility or 
ineligibility of any individual to register or vote under this Act; or to pay, or offer to 
pay, or to accept payment either for application to vote in absentia or for voting; 
amended to read as follows: 
“[24.3]28.3. For any person to tamper with the ballot, the mail containing 
the ballots for overseas absentee voters, the election returns, including the 
destruction, mutilation and manipulation thereof; 
record, document or paper as required for purposes of this Act; 
t24.5128.5. For any deputized agent to refuse without justifiable ground, 
to serve or continue serving, or to comply with his/her sworn duties after 
acceptance of hislher appointment; 
[24.6]28.6. For any public officer or employee who shall cause the 
preparation, printing, distribution of information material, or post the same in 
websites without the prior approval of the Commission; 
[24.7]28.7. 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 
three (3) months after the day of elections, without securing the prior approval of 
the Commission; 
[24.8]28.8. 
For any person who, after being deputized by the 
Commission to undertake activities in connection with the implementation of this 
Act, shall campaign for or assist, in whatever manner, candidates in the 
elections; 
t24.4128.4. For any person to steal, destroy, conceal, mutilate or alter any 
19 


[24.9]28.9. For any person who is not a citizen of the Philippines to 
participate, by word or deed, directly or indirectly through qualified 
organizations/associations, in any manner and at any stage of the Philippine 
political process abroad, including participation in the campaign and elections. 
The provision of existing laws to the contrary notwithstanding, and with due 
regard to the Principle of Double Criminality, the prohibited acts described in this section 
are electoral offenses and punishable in the Philippines. 
The penalties imposed under Section 264 of the Omnibus Election Code, as 
amended, shall be imposed on any person found guilty of committing any of the 
prohibited acts as defined in this section: Provided, That the penalty of prision mayor in 
its minimum period shall be imposed upon any person found guilty under Section 28.3 
hereof without the benefit of the operation of the Indeterminate Sentence Law. If the 
offender is a public officer or a candidate, the penalty shall be prision mayor in its 
maximum period. In addition, the offender shall be sentenced to suffer perpetual 
disqualification to hold public office and deprivation of the right to vote. 
[Immigrants and permanent residents who do not resume residence in the 
Philippines as stipulated in their affidavit under Section 5(d) within three (3) years after 
approval of hislher registration under this Act and yet vote in the next elections contrary 
to the said section, shall be penalized by imprisonment of not less than one (1) year, 
and shall be deemed disqualified as provided in Section 5(c) of this Act. Hislher 
passport shall be stamped “not allowed to vote”.] 
Sec. 28. Section 25 of the same Act is hereby renumbered as Section 29 and is 
amended to read as follows: 
“SEC. [25]29. Joint Congressional Oversight Committee. - A Joint 
Congressional Oversight Committee is hereby created, composed of the 
Chairman of the Senate Committee on Constitutional Amendments, Revision of 
Codes and Laws, and seven (7) other Senators designated by the Senate 
President, and the Chairman of the House Committee on Suffrage and Electoral 
Reforms and seven (7) other Members of the House of Representatives 
designated by the Speaker of the House of Representatives: Provided, That, of 
the seven (7) members to be designated by each House of Congress, four (4) 
should come from the majority and the remaining three (3) from the minority. 
“[The Joint Congressional Oversight Committee shall have the power to 
monitor and evaluate the implementation of this Act. It shall review, revise, 
amend and approve the Implementing Rules and Regulations promulgated by 
the Commission]” 
Sec. 29. Sections 26, 27, 28, 29, 30, 31 and 32 of the same Act are hereby 
Sec. 30. Separability Clause - If any part or provision of this Act shall be 
declared unconstitutional or invalid, other provisions hereof which are not affected 
thereby shall continue to be in full force and effect. 
Sec. 31. Repealing Clause - All laws, presidential decrees, executive orders, 
rules and regulations, other issuances, and parts thereof, which are inconsistent with 
the provisions of this Act, are hereby repealed or modified accordingly. 
Sec. 32. Effectivity - This Act shall take effect fifteen (15) days following its 
renumbered as Sections 30, 31, 32, 33, 34, 35 and 36 respectively. 
publication in three newspapers of general circulation. 
Approved, 
20