FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
FIRST REGULAR SESSION 
SENATE 
2401 
Introduced by: SEN. RAMON BONG REVILLA, JR. 
EXPLANATORY NOTE 
There are over a million Filipino citizens working abroad and each year, 
this number is constantly increasing. It has been an endless struggle for us 
legislators to improve the labor laws and working conditions here in our country 
so that our fellowmen will not have to seek greener pastures elsewhere. While this 
is a noble and worthwhile endeavor, we must admit that because of underlying 
factors such as population growth and our unstable economy, we are a long way 
from attaining this goal. 
In the mean time, we owe it to Overseas Filipino Workers to revisit the 
Overseas Absentee Voting Act to ensure that it is sufficient in scope and that it is 
adapted to the present times. The right to vote is guaranteed to every Filipino 
citizen and I personally feel that the election process must be of high significance 
in every OFWs mind because their hopes of finally settling down here to a better 
future for themselves and their families, lies in the very hands of those whom they 
shall be voting into office. 
It is for these reasons that I stress the importance of the passage of this 
significant piece oflegislature. 
G REVILLA, JR. 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
FIRST REGULAR SESSION 
SENATE 
S.B.No. 2401 
) 
) 
) 
Introduced by: SEN. RAMON BONG REVILLA, JR. 
"AN ACT AMENDING REPUBLIC ACT NO. 9189 
OTHERWISE KNOWN AS 
"THE OVERSEAS ABSENTEE VOTING ACT OF 2003" 
Be it enacted by the Senate and House of Representatives of the Philippmes in 
Congress assembled: 
SECTION 1.. Section 3 of Republic Act No. 9189, otherwise known as "The 
Overseas Absentee Voting Act of 2010" is hereby amended to read as 
follows: 
"Sec. 3. Definition of Terms. -For purposes of this Act: 
[c] A. "Certified List afOverseas Absentee Voters" refers to the list of registered 
overseas absentee voters whose applications to vote in absentia have been 
approved by the Commission, said list to be prepared by the Committee on 
OVERSEAS Absentee Voting of the Commission, on a 
country-by-
country AND POST BY POST basis. The list shall be approved by the 
Commission in an en bane resolution; 
b. 
"Commission" refers to the Commission on Elections; 
C. 
"COMMITTEE ON OVERSEAS ABSENTEE VOTING (COAV)" 
REFERS TO THE COMMITTEE OF THE COMMISSION 
TASKED TO OVERSEE AND SUPERVISE THE EFFECTIVE 
IMPLEMENTATION OF THE OVERSEAS ABSENTEE VOTING 
LAW; 
1 


d. 
"Day o/Election" refers to the actual date of elections in the Philippines; 
E. 
"DFA 
OVERSEAS 
ABSENTEE 
VOTING 
SECRETARIAT 
(DFAOAVS)" REFERS TO THE SECRETARIAT BASED AT THE 
DEPARTMENT OF FOREIGN AFFAIRS (DFA) HOME OFFICE 
TASKED TO DIRECT, COORDINATE AND OVERSEE THE 
DEPARTMENT'S PARTICIPATION IN THE IMPLEMENTATION 
OF THE OVERSEAS ABSENTEE VOTING LAW (OAVL); 
F. 
"FIELD REGISTRATION" REFERS TO THE CONDUCT OF 
REGISTRATION OF OVERSEAS ABSENTEE VOTERS AT PRE-
DETERMINED LOCATIONS, EITHER IN THE PHILIPPINES, AS 
MAY BE DETERMINED BY THE COMMISSION, OR OUTSIDE 
THE POSTS, UPON THE FAVORABLE RECOMMENDATION OF 
THE DFA-OAVS, BOTH BEING OF LIMITED DURATION AND 
BASED 
ON 
THE 
GUIDELINES 
PRESCRIBED 
BY 
THE 
COMMISSION FOR THAT EXCLUSIVE PURPOSE; 
G. 
"MOBILE REGISTRATION" 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 THE 
POSTS' MOBILE CONSULAR AND OUTREACH ACTIVITIES 
TO FILIPINOS WITHIN THEIR JURISDICTIONS; 
H. 
"MUNICIPALITY/CITYIDISTRICT REGISTRY OF OVERSEAS 
ABSENTEE 
VOTERS 
(ROAV)" 
REFERS 
TO 
THE 
CONSOLIDATED 
LIST 
PREPARED, 
APPROVED 
AND 
MAINTAINED 
BY 
THE 
COMMISSION 
FOR 
EVERY 
MUNICIPALITY/CIT¥IDISTRICT, OF OVERSEAS ABSENTEE 
VOTERS WHOSE APPLICATIONS FOR REGISTRATION AS 
SUCH, INCLUDING THOSE REGISTERED VOTERS UNDER 
REPUBLIC 
ACT 
NO. 
8189 
WHO 
APPLIED 
FOR 
CERTIFICATION AS OVERSEAS ABSENTEE VOTERS, HAVE 
BEEN APPROVED BY THE ELECTION REGISTRATION BOARD 
AND/OR RESIDENT ELECTION REGISTRATION BOARD; 
2 


[e]l. 
"National Registry of Absentee Voters" refers to the consolidated list 
prepared, approved and maintained by the Commission, of overseas 
absentee voters whose applications for registration as absentee voters, 
including those registered voters UNDER REPUBLIC ACT NO. 9189 
who have applied to be certified as absentee voters, have been approved 
by the RESIDENT Election Registration Board, INDICATING THE 
POST WHERE 
THE 
OVERSEAS 
ABSENTEE 
VOTER IS 
REGISTERED; 
(f) J. "Overseas Absentee Voter" refers to a citizen of the Philippines who is 
qualified to register and vote under this Act, not otherwise disqualified by 
law, who is abroad on the day of elections; 
[a] K. "OVERSEAS Absentee Voting" refers to the process by which qualified 
citizens of the Philippine~ abroad their right to vote; 
L. 
"POSTS" 
REFERS 
TO 
THE 
PHILIPPINE 
EMBASSIES, 
CONSULATES, FOREIGN SERVICE ESTABLISHMENTS AND 
OTHER 
PHILIPPINE 
MAINTAINING 
OFFICES 
GOVERNMENT 
ABROAD 
AND 
AGENCIES 
HAVING 
JURISDICTION OVER THE PLACES WHERE THE OVERSEAS 
ABSENTEE VOTERS RESIDE; 
M. 
"RESIDENT 
ELECTION 
REGISTRATION 
BOARD 
(RERB) " 
REFERS TO THE IN-HOUSE ELECTION REGISTRATION 
BOARD OF THE COAV COMPOSED OF THREE (3) RANKING 
OFFICIALS 
FROM 
THE 
COMMISSION, 
WITH 
A 
REPRESENTATIVE EACH FROM THE DEPARTMENT OF 
FOREIGN AFFAIRS (DFA) AND THE DEPARTMENT OF LABOR 
AND EMPLOYMEN1,' (DOLE), THE MAIN FUNCTIONS OF 
WHICH ARE TO PROCESS, APPROVE OR DISAPPROVE ALL 
APPLICATIONS 
FOR 
REGISTRATION 
AND/OR 
CERTIFICATION 
AS 
OVERSEAS 
ABSENTEE 
VOTERS, 
INCLUDING 
DEACTIVATION, 
REACTIVATION 
AND 
CANCELLATION OF REGISTRATION RECORDS; 
3 


N. 
"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; 
O. "SPECIAL BALLOT RECEPTION AND CUSTODY GROUP (SBRCG)" 
REFERS 
TO 
THE 
GROUP 
CONSTITUTED 
BY 
THE 
COMMISSION TO RECEIVE AND TAKE CUSTODY OF ALL 
ACCOUNTABLE AND OTHER ELECTION FORMS, SUPPLIES 
AND PARAPHERNALIA FROM THE COAV FOR TRANSMITTAL 
TO THE 'SPECIAL BOARDS OF EJ"ECTION INSPECTORS' AND 
'SPECIAL BOARDS OF CANVASSERS'; 
P. 
"SPECIAL BOARD OF CANVASSERS (SBOC)" REFERS TO THE 
BODY DEPUTIZED BY THE COMMISSION TO CANVASS THE 
OVERSEAS 
ABSENTEE 
VOTING 
ELECTION 
RETURNS 
SUBMITTED TO IT BY THE SPECIAL BOARD OF ELECTION 
INSPECTORS; 
Q. 
"SPECIAL BOARD OF ELECTION INSPECTORS (SBEI)" REFERS 
TO THE BODY DEPUTIZED BY THE COMMISSION TO 
CONDUCT THE VOTING AND COUNTING OF VOTES; 
R. 
"SYSTEM OF CONTIN,UING REGISTRATION" REFERS TO THE 
ACT OF ACCOMPLISHING AND FILING OF A SWORN 
APPLICATION FOR REGISTRATION AND/OR CERTIFICATION 
BY A QUALIFIED OVERSEAS ABSENTEE VOTER BEFORE THE 
PERSONNEL DEPUTIZED BY THE COMMISSION WITHIN ONE 
(1) YEAR BEFORE THE START OF THE VOTING PERIOD AND 
OF INCLUDING THE SAME IN THE NROAV UPON APPROVAL 
BYTHERERB; 
S. 
"VOTING PERIOD" REFERS TO A CONTINUOUS THIRTY (30)-
DAY PERIOD, THE LAST DAY OF WHICH IS THE DAY OF 
ELECTION, INCLUSIVE OF ESTABLISHED HOLIDAYS IN THE 
4 


PHILIPPINES AND OF 'SUCH OTHER HOLIDAYS IN THE HOST 
COUNTRIES. 
SECTION 2. Section 4 ofthe same Act is hereby amended as follows: 
"Sec. 4. Coverage. -All citizens of the Philippines abroad, who are not 
otherwise disqualified by law, at least eighteen (18) years of age on the day 
of elections, may vote for P[plresident, V[vlice-P[pl resident, senators and 
party-list representatives, AS WELL AS IN ALL NATIONAL 
REFERENDA AND PLEBISCITES." 
• 
SECTION 3 •. Section 5 ofthe 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; 
lib) Those who have expressly renounced their Philippine citizenship and 
who have pledged allegiance to a foreign country, EXCEPT THOSE 
WHO HAVE REACQUIRED OR RETAINED THEIR PHILIPPINE 
CITIZENSHIP UNDER REPUBLIC ACT NO. 9225, OTHERWISE 
KNOWN 
AS 
THE 
"CITIZENSHIP 
RETENTION 
AND 
REACQUISITION ACT OF 2003"; 
, 
"C) Those who have committed and are convicted in a final judgment by a 
PHILIPPINE court or tribunal of an offense punishable by imprisonment 
of not less than one (1) year, [including those who have committed and 
been found guilty of Disloyalty as defined under Article 137 of the Revised 
Penal Code 1 such disability not having been removed by plenary pardon or 
amnesty: PrOVided, however, That any person disqualified to vote under 
this subsection shall automatically acquire the right to vote upon THE 
expiration of five (5) years after service of sentence, AND; [Provided, 
further, That the Commission may take cognizance of final judgments 
issued by foreign courts or tribunals only on the basis of reciprocity and 
5 


subject to the fonnalities and processes prescribed by the Rules of Court on 
execution of judgments;] 
["d) An immigrant or a pennanent resident who is recognized as such in the 
host country, unless he/she executes, upon registration, an affidavit 
prepared for the purpose by the Commission declaring that he/she shall 
resume actual physical pennanent residence in the Philippines not later 
than three (3) years from approval of his/her registration under this Act. 
Such affidavit shall also state that he/she has not applied for citizenship in 
another country. Failure to return shall be the cause for the removal of the 
name of the immigrant or pennanent resident from the National Registry of 
Absentee Voters and his/her pennanent disqualification to vote in absentia 1 
[e] D. "Any citizen of the Philippines abroad previously declared insane or 
incompetent by competent authority in the Philippines or abroad, as 
verified by the Philippine embassies, consulates or foreign service 
establishments concerned, unless such competent authority subsequently 
certifies that such person is no longer insane or incompetent." 
SECTION 4. Section 6 of the same Act is hereby amended to read as follows: 
"Sec. 
6. 
Personal 
Overseas 
Absentee 
Registration 
AND/OR 
• 
CERTIFICATION. .Registration AND/OR CERTIFICATION as an 
overseas absentee voter shall be done in person AT ANY POST 
ABROAD OR AT DESIGNATED REGISTRATION CENTERS 
OUTSIDE THE POST OR IN THE PHILIPPINES APPROVED BY 
THE COMMISSION. 
"[Qualified citizens of the Philippines abroad who failed to register under 
Republic Act No. 8189, otherwise known as the "The Voters Registration 
Act of 1996", may personally apply for registration with the Election 
Registration Board of the city or municipality where they were domiciled 
immediately prior to their departure from the Philippines, or with the 
representative of the Commission at the Philippine embassies, consulates 
and other foreign service establishments that have jurisdiction over the 
locality where they temporarily reside. Subject to the specific guidelines 
herein provided, the Commission is hereby authorized to prescribe 
6 


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 aunotation 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 Connnission 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 oftheir work. 
"[6.1. Upon receipt of the application for registration, the Election Officer 
shall immediately set the application for hearing, the notice of which shall 
be posted in a conspicuous place in the premises of the city or municipal 
building of the applicant's' stated residence for at least one (1) week before 
the date of the hearing. The Election Officer shall immediately furnish a 
copy of the application to the designated representatives of political parties 
and other accredited groups. 
''[6.2. If no verified objection to the application is filed, the Election Officer 
shall immediately forward the application to the Election Registration 
Board, which shall decide on the application within one (1) week from the 
date of hearing without waiting for the quarterly meeting of the Board. The 
applicant shall be notified of the approval or disapproval of his/her 
application by registered mail. 
"[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 
7 


documents submitted in support of the objection filed with the said Election 
Officer, if any. The applicant shall have the right to file his counter-
affidavit by registered mail, clearly stating therein facts and defenses sworn 
before any officer in the host country authorized to administer oaths. 
"[6.4. The application shall be approved or disapproved based on the merits 
of the objection, counter-affidavit and documents submitted by the party 
objecting and those of the applicant. 
"[6.5 A Certificate of Registration as an overseas absentee voter shall be 
issued by the Commission to all applicants whose applications have been 
approved, including those certified as registered voters. The Commission 
shall include the approved applications in the National Registry of 
Absentee Voters. 
"[6.6. If the application has been approved, any interested party 
may file a petition for exclusion not later than two hundred ten (210) days 
before the day of elections with the proper municipal or metropolitan trial 
court. The petition shall be decided within fifteen (15) days after its filing 
on the basis of the documents submitted in connection therewith. Should 
the court fail to render a decision within the prescribed period, the ruling of 
the Election Registration Board shall be considered affirmed. 
"[6.7. If the application has been disapproved, the applicant or his 
authorized representative shall, within a period of five (5) days from receipt 
of the notice of disapproval, have the right to file a petition for inclusion 
with the proper municipal or metropolitan trial court. The petition shall be 
decided within five (5) days after its filing on the basis of documents 
submitted in connection therewith. 
"[Qualified citizens of the Philippines abroad, who have previously 
registered as voters pursuant to Republic Act No. 8189 shall apply for 
certification as absentee voters and for inclusion in the National Registry of 
Overseas Absentee Voters, with a corresponding annotation in the Certified 
Voters' List.] "FIELD AND MOBILE REGISTRATION CENTERS 
SHALL BE SET UP BY THE POSTS CONCERNED TO ENSURE 
ACCESSmILITY BY THE OVERSEAS ABSENTEE VOTERS. 
"ALL APPLICANTS SHALL SUBMIT THEMSELVES FOR LIVE 
8 


CAPTURE OF THEIR BIOMETRICS. "REMOTE REGISTRATION 
THROUGH THE INTERNET MAY ALSO BE ALLOWED BASED 
ON THE GUIDELINES AND PROCEDURES DETERMINED BY 
THE COMMISSION, ,PROVIDED THAT THE APPROPRIATE 
TECHNOLOGY WILLEN SURE ADEQUATE SECURITY AND 
VOTER AUTHENTICITY." 
SECTION 5. A new Section 7 is hereby inserted to read as follows: 
"SEC. 7. RESIDENT ELECTION REGISTRATION BOARD 
(RERB); 
COMPOSITION, 
POWERS AND 
EFFECT. -THE 
COMMISSION 
SHALL 
APPOINT 
AS 
MANY 
RESIDENT 
ELECTION TO REGISTRATION BOARDS (RERBs) AS THERE 
ARE APPLICATIONS TO PROCESS AND FOR SUCH DURATION 
AS MAYBE NECESSARY. 
"THE RERB SHALL BE COMPOSED OF THREE RANKING 
OFFICIALS 
FROM THE 
COMMISSION, 
THE 
HIGHEST 
RANKING OF WHOM SHALL SERVE AS CHAIRPERSON, WITH 
A REPRESENTATIVE EACH FROM THE DEPARTMENT OF 
FOREIGN AFFAmS (DFA) AND THE DEPARTMENT OF LABOR 
AND EMPLOYMENT (DOLE) AS MEMBERS." 
"7.1. THE RERB SHALL PROCESS, APPROVE OR DISAPPROVE 
ALL 
APPLICATIONS 
FOR 
REGISTRATION 
AND/OR 
CERTIFICATION 
AS 
OVERSEAS 
ABSENTEE 
VOTERS, 
INCLUDING 
DEACTIVATION, 
REACTIVATION 
AND 
CANCELLATION OF REGISTRATION RECORDS. 
"7.2 THE RERB SHALL HAVE THE SOLE POWER AND 
AUTHORITY 
TO 
APPROVE 
OR 
DISAPPROVE 
THE 
APPLICATION 
CERTIFICATION." 
FOR 
9 
REGISTRATION 
AND/OR 


SECTION. 6. A new Section 8 is hereby inserted to read as follows: 
"8.1. 
UPON 
RECEIPT 
OF 
THE 
APPLICATIONS 
FOR 
REGISTRATION AND/OR CERTIFICATION FROM THE POSTS 
AND 
FROM THE 
DULY DESIGNATED REGISTRATION 
CENTERS 
IN 
THE 
PHILIPPINES, 
THE 
RERB 
SHALL 
SCHEDULE THE HEARING OF THE APPLICATIONS FOR 
REGISTRATION AND/OR CERTIFICATION. 
"THE RERB SHALL NOTIFY ALL POLITICAL PARTIES AND 
OTHER 
PARTIES 
CONCERNED 
OF 
THE 
PENDING 
APPLICATIONS 
FOR 
REGISTRATION 
AND/OR 
CERTIFICATION 
THROUGH 
A 
'WEEKLY 
UPDATED 
PUBLICATION IN THE WEBSITES OF THE COMMISSION, THE 
DFA-OA VS, THE :QOLE AND OF ACCREDITED FILIPINO 
CIVIL SOCIETY ORGANIZATIONS AND TO POST THE NAMES 
IN CONSPICUOUS PLACES NEAR THE PLACE WHERE RERB 
WILL HOLD ITS HEARINGS. 
"8.2. ANY PARTY MAY FILE AN OBJECTION TO THE 
APPLICATION WITHIN SEVEN (7) 
DAYS 
AFTER THE 
PUBLICATION OR POSTING OF THE NAMES OF THE 
APPLICANTS. 
IN' 
CASE 
OF 
DISAPPROVAL 
OF 
THEAPPLICATION 
FOR 
REGISTRATION 
AND/OR 
CERTIFICATION, 
THE 
RERB 
SHALL 
NOTIFY 
THE 
APPLICANT, OR HERmIS AUTHORIZED REPRESENTATIVE 
IN THE PHILIPPINES, WITHIN FIVE (5) DAYS FROM THE 
DATE 
OF 
DISAPPROVAL, 
STATING 
THE 
REASONS 
THEREFOR. 
"8.3. THE RERB SHALL INCLUDE THE NAMES OF THE 
APPLICANTS WITH APPROVED APPLICATIONS IN THE 
NATIONAL REGISTRY OF OVERSEAS ABSENTEE VOTERS 
(NROA V) AND IN THE CERTIFIED LIST OF OVERSEAS 
ABSENTEE VOTERS (CLOA V) IN THE POSTS WHERE THEY 
INTEND TO VOTE, SUBJECT TO THE APPROVAL OF THE 
COMMISSION EN BANC. THE NAMES OF APPLICANTS WITH 
10 


APPROVED APPLICATIONS SHALL BE PUBLISHED IN THE 
WEBSITES OF THE COMMISSION, THE DFA, THE DOLE AND 
THE 
ACCREDITED 
FILIPINO 
CIVIL 
SOCIETY 
ORGANIZATIONS. 
"S.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. 
"S.5. THE RERB SHALL PERFORM SUCH OTHER DUTIES AS 
MAYBE CONSISTENT WITH ITS FUNCTIONS, AS PROVIDED 
IN THIS ACT." 
SECTION 7. A new Section 9 is hereby inserted to read as follows: 
"9.1. PETITION FOR EXCLUSION. -IF THE APPLICATION HAS 
BEEN APPROVED, ANY INTERESTED PARTY MAY FILE A 
PETITION 
FOR EXCLUSION 
NOr LATER THAN 
ONE 
HUNDRED EIGHTY (ISO) DAYS BEFORE THE DAY OF 
ELECTIONS 
WITH 
THE 
PROPER 
MUNICIPAL 
/ 
METROPOLITAN TRIAL COURT, EITHER WHERE THE RERB 
SITS, OR WHERE THE OVERSEAS ABSENTEE VOTER 
RESIDES, AT THE OPTION OF THE PETITIONER. 
"THE PETITION SHALL BE DECIDED ON THE BASIS OF THE 
DOCUMENTS SUBMITTED WITHIN FIFTEEN (15) DAYS FROM 
ITS FILING, BUT NOT LATER THAN ONE HUNDRED TWENTY 
(120) DAYS BEFORE THE START OF THE VOTING PERIOD. 
SHOULD THE COURT FAIL TO RENDER A DECISION WITHIN 
THE PRESCRIBED PERIOD, THE RULING OF THE RERB 
SHALL BE CONSIDERED AFFIRMED." 
"9.2. PETITION FOR INCLUSION. -IF THE APPLICATION HAS 
BEEN 
DISAPPROVED, 
THE 
APPLICANT 
OR 
HERIHIS 
AUTHORIZED REPRESENTATIVE SHALL HAVE THE RIGHT 
11 


, 
TO FILE A MOTION FOR RECONSIDERATION BEFORE THE 
RERB WITHIN A PERIOD OF FIVE (5) DAYS FROM RECEIPT 
OF THE NOTICE OF DISAPPROVAL. THE MOTION SHALL BE 
DECIDED WITHIN FIVE (5) DAYS AFTER ITS FILING ON THE 
BASIS OF DOCUMENTS SUBMITTED. THE RESOLUTION OF 
THE RERB SHALL BE IMMEDIATELY EXECUTORY, UNLESS 
REVERSED OR SET ASIDE BY THE COURT. 
"WITHIN TEN (10) DAYS FROM RECEIPT OF NOTICE 
DENYING THE MOTION FOR RECONSIDERATION, THE 
APPLICANT MAY FILE A PETITION FOR INCLUSION WITH 
• 
THE PROPER MUNICIPAL / METROPOLITAN TRIAL COURT, 
EITHER WHERE THE RERB SITS, OR WHERE THE OVERSEAS 
ABSENTEE VOTER RESIDES, AT THE OPTION OF THE 
PETITIONER 
"THE PETITION SHALL BE DECIDED ON THE BASIS OF THE 
DOCUMENTS SUBMITTED WITHIN FIFTEEN (15) DAYS FROM 
FILING, BUT NOT LATER THAN ONE HUNDRED TWENTY 
(120) DAYS BEFORE THE START OF THE VOTING PERIOD. 
SHOULD THE COURT FAIL TO RENDER A DECISION WITHIN 
THE PRESCRIBED PERIOD, THE RERB RULING SHALL BE 
CONSIDERED AFFIRMED. 
"QUALIFIED PHILIPPINE CITIZENS ABROAD WHO HAVE 
PREVIOUSLY REGISTERED AS VOTERS PURSUANT TO 
REPUBLIC ACT NO. 8189 SHALL APPLY FOR CERTIFICATION 
AS ABSENTEE VOTERS AND FOR INCLUSION IN THE NROA V. 
IN 
CASE 
OF 
APPROVAL, 
THE 
ELECTION 
OFFICER 
CONCERNED SHALL ANNOTATE THE NAME OF THE VOTER 
IN THE CERTIFIED VOTERS LIST AND IN HERIRIS VOTER'S 
REGISTRATION RECORDS." 
SECTION 8.- A new Section 10 is hereby inserted to read as follows: 
"SEC. 10. TRANSFER OF REGISTRATION RECORD. -IN THE 
EVENT OF CHANG;E OF VOTING VENUE, AN OVERSEAS 
12 


ABSENTEE VOTER MUST FILE AN APPLICATION FOR 
TRANSFER OF HERJHIS REGISTRATION RECORD TO THE 
COAV, THROUGH ITS CHAIRMAN, AT LEAST ONE HUNDRED 
EIGHTY (180) DAYS PRIOR TO THE NEXT NATIONAL 
ELECTIONS; 
PROVIDED, 
THAT 
THOSE 
WHO 
WOULD 
EVENTUALLY 
VOTE 
IN 
THE 
PHILIPPINES 
SHOULD 
REGISTER WITHIN THE TIME FRAME PROVIDED FOR 
LOCAL REGISTRATION IN THE MUNICIPALITY, CITY OR 
DISTRICT WHERE THEY INTEND TO VOTE AND; PROVIDED, 
FURTHER, THAT THOSE WHO HAVE REGISTERED IN THE 
MUNICIPALITY, CITY OR DISTRICT WHERE THEY RESIDED 
PRIOR 
TO 
THEIR 
DEPARTURE 
ABROAD 
NEED 
NOT 
REGISTER 
ANEW; 
PROVIDED, 
FINALLY, 
THAT 
THE 
APPLICANTS SHALL NOTIFY THE COAV, THROUGH ITS 
CHAIRMAN, OF THEIR TRANSFER IN THE PHILIPPINES AT 
LEAST ONE HUNDRED EIGHTY (180) DAYS PRIOR TO THE 
NEXT 
NATIONAL 
ELECTIONS 
FOR 
PURPOSES 
OF 
CANCELLING THEIR NAMES IN THE CLOAV AND OF 
REMOVING 
THEIR 
OVERSEAS 
ABSENTEE 
VOTER'S 
REGISTRATION RECORDS FROM THE BOOK OF VOTERS". 
SECTION 9. Section 7 of the same Act is hereby renumbered as Section 11 and 
• 
is amended to read as follows. 
"SEC. [7J 11. -System of Continuing Registration. -The Commission shall 
ensure that the benefits of the system of continuing registration are 
extended to qualified overseas absentee voters. REGISTRATION 
SHALL BE CONDUCTED AT LEAST ONE (1) YEAR BEFORE 
THE START OF THE VOTING PERIOD. Towards this end, the 
Commission IS [shallJ AUTHORIZED TO UTILIZE AND optimize the 
use of existing facilities, personnel and mechanisms of the various 
government agencies for purposes of data gathering AND [data] 
validation, infonnation dissemination and facilitation of the registration 
process. 
"THE INFORMATION AND DATA ACQUIRED THROUGH THIS 
PROCESS SHALL BE TREATED AS CONFIDENTIAL AND 
SHALL BE USED SOLELY FOR AND IN CONNECTION WITH 
13 


THE 
LAWFUL 
AND 
OFFICIAL 
FUNCTIONS 
OF 
THE 
COMMISSION, AND FOR THE PURPOSES INTENDED BY THIS 
ACT. 
"Pre-departure ORIENTATION programs (PDOS), 
services and 
mechanisms offered and administered by the Department of Foreign 
Affairs, Department of Labor and Employment, Philippine Overseas 
Employment Administration, Overseas Workers' Welfare Administration, 
Commission on Filipinos Overseas and BY other appropriate agencies of 
the government AND PRN ATE AGENCIES PROVIDING THE 
SAME SERVICES SHALL INCLUDE THE SALIENT FEATURES 
OF THIS ACT AND shall be utilized for purposes of supporting the 
overseas absentee registration and voting processes, subject to SYSTEMS 
limitations AND THOSE imposed by law. "ALL EMPLOYMENT 
CONTRACTS 
PROCESSED 
AND 
APPROVED 
BY 
THE 
PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION 
SHALL CONTAIN THE RIGHT OF THE MIGRANT WORKERS 
TO 
EXERCISE 
THEIR 
CONSTITUTIONAL 
RIGHT 
OF 
SUFFRAGE WITHIN THE LIMITS PROVIDED FOR BY THIS 
ACT." 
SECTION 10 Section 8 of the same Act is hereby renumbered as Sec. 12 aud is 
amended to read as follows: 
"Sec. [8] 12. Requirements for Registration. Every Filipino registrant shall 
be required to furnish the following documents: 
"a) A valid Philippine passport. In the absence of a valid passport, a 
certification of the Department of Foreign Affairs that it has reviewed the 
appropriate documents submitted by the applicant and HAS found them 
sufficient to warrant the issuauce 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, AND; 
[containing the following mandatory information: [Hi. Last known 
residence of the applicant in the Philippines before leaving for abroad; 
14 


["ii. Address of applicant abroad, or forwarding address in the case of 
seafarers; 
["iii. Where voting by mail is allowed, the applicant's mailing address 
outside the Philippines where the ballot for absentee voters will be sent, in 
proper cases; and; 
["iv.Name and address 'of applicant's authorized representative in the 
Philippines for purposes of Section 6.7 and Section 12 hereof. 
["c. In the case of immigrants and pennanent residents not otherwise 
disqualified to vote under this Act, an affidavit declaring the intention to 
resume actual physical permanent residence in the Philippines not later 
than three (3) years after approval of his/her registration as an overseas 
absentee voter under this Act. Such affidavit shall also state that he/she 
has not applied for citizenship in another country]; 
"c). APPLICANTS WHO AVAILED THEMSELVES OF THE 
CITIZENSHIP RETENTION AND REACQUISITION ACT (R.A. 
NO. 9225) SHALL PRESENT THE ORIGINAL OR CERTIFIED 
TRUE COPY OF THE ORDER OF APPROVAL APPROVING 
THEIR APPLICATION TO RETAIN OR REACQUIRE THEIR 
FILIPINO CITIZENSHIP ISSUED BY THE POST OR THEIR 
IDENTIFICATION CERTIFICATE ISSUED BY THE BUREAU OF 
IMMIGRATION. " 
"The Commission may also reqUire additional data to 
facilitate 
registration and recording. No information other than those necessary to 
establish the identity and qualification of the applicant shall be required. 
"ALL 
APPLICATIONS 
FOR 
REGISTRATION 
AND/OR 
CERTIFICATION AS AN OVERSEAS ABSENTEE VOTER 
SHALL BE CONSIDERED AS APPLICATIONS TO VOTE IN 
ABSENTIA. AN OVERSEA ABSENTEE VOTER IS PRESUMED 
TO BE ABROAD UNTIL SHEIHE APPLIES FOR TRANSFER OF 
15 


HERIHIS RECORDS OR REQUESTS THAT 
HERIHIS NAME BE 
CANCELLED FROM THE NROA V. H 
SECTION 11. Section 9 of the :Same Act is hereby renumbered as Section 13 and 
is amended to read as follows: 
"Sec. [9]l3. National Registry of Overseas Absentee Voters (NROA V). -
The Commission shall maintain a National Registry of Overseas Absentee 
Voters (NROAV) CONTAINING THE NAMES OF REGISTERED 
OVERSEAS ABSENTEE VOTERS AND THE POSTS WHERE 
THEY ARE REGISTERED. [Approved applications annotations as 
overseas absentee voters in the Certified Voters' List shall be permanent, 
and cannot be cancelled or amended except in any ofthe following cases: 
H[9.1. When the overseas absentee voter files a letter under oath addressed 
to the Commission that he/she wishes to be removed from the Registry of 
Overseas Absentee Voters, or that hislher name be transferred to the 
regular registry of voters; or, 
"[9.2. When an overseas absentee voter's name was ordered removed by 
the Commission from the Registry of Overseas Absentee Voters for 
his/her failure to exercise hislher right to vote under this Act for two (2) 
consecutive national elections.] 
"LIKEWISE, 
THE 
COMMISSION 
SHALL 
MAINTAIN 
A 
REGISTRY OF OVERSEAS ABSENTEE VOTERS (ROA V) PER 
MUNICIPALITY, CITY OR DISTRICT CONTAINING THE 
NAMES OF REGISTERED OVERSEAS ABSENTEE VOTERS 
DOMICILED THEREIN. TOWARDS THIS END, THE COAV 
SHALL PROVIDE EACH AND EVERY MUNICIPALITY, CITY 
OR DISTRICT WITH A ROA V FOR THEIR REFERENCE." 
SECTION. 12. A new Section 14 is hereby inserted to read as follows: 
"SEC.14. DEACTIVATION OF REGISTRATION. -"THE RERB 
SHALL DEACTIVATE AND REMOVE THE REGISTRATION 
RECORDS OF THE FOLLOWING PERSONS FROM THE 
16 


CORRESPONDING BOOK OF VOTERS AND PLACE THE SAME, 
PROPERLY MARKED AND DATED, IN THE INACTIVE FILE 
AFTER ENTERING THE CAUSE(S) OF DEACTNATION. THE 
FACT OF DEACTNATION SHALL BE ANNOTATED IN THE 
NROAV AND THE CORRESPONDING ROAV: 
"A). ANY PERSON WHO HAS BEEN SENTENCED BY FINAL 
JUDGMENT TO SUFFER IMPRISONMENT FOR NOT LESS 
THAN ONE (1) YEAR; SUCH DISABILITY NOT HAVING BEEN 
REMOVED BY PLENARY PARDON OR AMNESTY; PROVIDED, 
HOWEVER, THAT ANY PERSON DISQUALIFIED TO VOTE 
UNDER 
THIS 
PARAGRAPH 
SHALL 
AUTOMATICALLY 
REACQUIRE THE RIGHT TO VOTE UPON THE EXPIRATION 
OF FNE (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; 
"c). ANY PERSON WHO DID NOT VOTE IN TWO (2) 
CONSECUTIVE NATIONAL ELECTIONS AS SHOWN BY THEIR 
VOTING RECORDS, AND; 
"D). ANY PERSON WHOSE REGISTRATION HAS BEEN 
ORDERED EXCLUDED BY THE COURTS." 
SECTION 13. Section 10 of the same Act is hereby renumbered as Section 15. 
SECTION 14 Sections 11 and 12 of the same Act are hereby deleted. 
"[Sec.H. Procedure for Application to Vote in Absentia. 
"[ 11.1. Every qualified citizen of the Philippines abroad whose application 
for registration has been approved, including those previously registered 
under Republic Act No. '8189; shall, in every national election, file with 
the officer of the embassy, consulate or other foreign service 
establishment authorized by the Commission, a sworn written application 
to vote in a form prescribed by the Commission. The authorized officer of 
17 


such embassy, consulate or other foreign service establishment shall 
, 
transmit to the Commission the said application to-vote within five (5) 
days from receipt thereof. The application form shall be accomplished in 
triplicate and submitted together with the photocopy of his/her overseas 
absentee voter certificate of registration. 
"[11.2. Every application to vote in absentia may be done personally at, or 
by mail to, the embassy, consulate or foreign service establishment, which 
has jurisdiction over the country where he/she has indicated his/her 
address for purposes of the elections. 
"[11.3. Consular and diplomatic services rendered in connection with the 
overseas absentee voting processes shall be made available at no cost to 
the overseas absentee voter. 
"(Sec. 12. Verification. and Approval of Application to Vote. All 
applications shall be acted upon by the Commission upon receipt thereof, 
but in no case later than one hundred fifty (150) days before the day of 
elections. In the event of disapproval of the application, the voter or his 
authorized representative may file a Motion for Reconsideration with the 
Commission personally, or by registered mail, within ten (10) days from 
receipt of the notice of disapproval. The Commission shall act within five 
(5) days from receipt of such Motion for Reconsideration and shall 
immediately 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.]" 
SECTION 15. A new Section 16 of the same Act is hereby inserted to read as 
follows: 
"SEC. 16. REACTIVATION OF REGISTRATION. -ANY OVERSEAS 
ABSENTEE VOTER WHOSE REGISTRATION HAS BEEN 
DEACTIVATED PURSUANT TO THE PRECEDING SECTION 
MAY FILE WITH THE COAV AT ANYTIME, BUT NOT LATER 
18 


THAN ONE HUNDRED TWENTY (120) DAYS BEFORE THE 
NEXT NATIONAL ELECTIONS, A SWORN APPLICATION FOR 
REACTIVATION OF HERIHIS 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." 
• 
SECTION 16. A new Section 17 of the same Act is hereby inserted to read as 
follows: 
"SEC.17. CANCELLATION OF REGISTRATION. -THE RERB 
SHALL CANCEL THE REGISTRATION RECORDS OF THOSE 
WHO HAVE DIED, AS CERTIFIED BY EITHER THE POSTS OR 
BY THE LOCAL CIVIL REGISTRAR, AND THOSE WHO HAVE 
BEEN 
PROVEN 
TO 
HAVE 
LOST 
THEIR 
FILIPINO 
CITIZENSHIP. " 
SECTION 17. A new Section 18 of the same Act is hereby inserted to read as 
follows: 
"SEC. 18. VOTERS EXCLUDED FROM THE NROAV THROUGH 
INADVERTENCE. -ANY REGISTERED OVERSEAS ABSENTEE 
VOTER 
WHOSE 
NAME 
HAS 
BEEN 
INADVERTENTLY 
OMITTED FROM THE NROAV MAY, PERSONALLY OR 
THROUGH HIS AUTHORIZED REPRESENTATIVE, FILE WITH 
THE COA V OR WITH THE POST HAVING JURISDICTION 
OVER HER/HIS RESIDENCE, AN APPLICATION UNDER OATH 
19 


FOR REINSTATEMENT NOT LATER THAN ONE HUNDRED 
TWENTY (120) DAYS BEFORE THE START OF THE VOTING 
PERIOD. 
SECTION 18. A new Section 19 of the same Act is hereby inserted to read as 
fol1ows: 
"SEC. 19. APPLICATION FOR CORRECTION OF ENTRIES AND 
CHANGE OF NAME. -ANY REGISTERED ABSENTEE VOTER 
MAY FILE WITH THE COAV, OR WITH THE POST HAVING 
JURISDICTION OVER HERIHIS RESIDENCE, NOT LATER 
THAN ONE HUNDRED TWENTY (120) DAYS BEFORE THE 
START OF THE VOTING PERIOD, AN APPLICATION UNDER 
OATH FOR THE CORRECTION OF MISSPELLED NAME OR 
OTHER ENTRIES; CHANGE OF NAME BY REASON OF 
MARRIAGE, DEATH OF HUSBAND, OR BY VIRTUE OF A 
COURT ORDER; AND/OR CHANGE OR CORRECTION OF ANY 
ENTRY IN THE NROA V, CLOA V AND THE VOTER'S IDS." 
SECTION 19. Section 13 of the same Act is hereby renumbered as Section 20 
and is amended to read as fol1ows: 
"Sec. [13] 20 . Preparation and Posting of Certified List of Overseas 
Absentee Voters. -The Commission shal1 prepare the CLOA V [Certified 
List of Overseas 1 within one hundred twenty (120) days before every 
NATIONAL 
election, 
and 
furnish 
within 
the 
same 
period 
ELECTRONIC AND HARD copies thereof to the appropriate POSTS 
[embassies, consulates and other foreign service establishments], which 
shall post the same in their bulletin boards AND/OR WEBSITES within 
ten (10) days from receipt thereof. "Subject to reasonable regulation and 
the payment of fees in such amounts as may be fixed by the Commission, 
the candidates, political parties, accredited citizens' arms AND all other 
20 


interested persons [and all embassies, consulates and other foreign service 
establishments] shall be furnished copies thereof; PROVIDED, THAT 
NGO 
AND 
OTHER 
CIVIL 
SOCIETY 
ORGANIZATIONS 
ACCREDITED BY AND WORKING WITH THE COMMISSION 
AS PARTNERS ON OVERSEAS VOTERS' EDUCATION AND 
PARTICIPATION SHALL BE EXEMPT FROM THE PAYMENT 
OF FEES." 
SECTION 20. Section 14 of the same Act is hereby renumbered as Section 21 
and is amended to read as follows: 
"Sec. 
[14] 
21. Printing and 
Transmittal of Ballots, Voting 
Instructions, Election Forms and Paraphernalia. 
"[14.1] 21.1. The Commission shall cause the printing of ballots for 
overseas absentee voters, [voting instructions,] and ALL OTHER 
ACCOUNTABLE election forms in such number as may be necessary, 
but in no case shall [it] THEY exceed the total number of approved 
applications. Security markings shall be used in the printing of ballots for 
overseas absentee voters. 
"[14.2] 21.2. 
The Commission shall present to the authorized 
representatives of the Department of Foreign Affairs and OF the 
accredited major political parties the ballots for overseas absentee voters, 
voting instructions, election forms and other election paraphernalia for 
scrutiny and inspection prior to their transmittal to the POSTS (embassies, 
consulates and other foreign service establishments concerned]. 
"[14.3) 21.3. The Commission shall TRANSMIT, AS FAR AS 
PRACTICABLE BUT not later than FORTY [seventy]-five [75] (45) 
days BEFORE the day of elections, (transmit] by special pouch to the 
POSTS [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 integrity of the election." 
21 


"[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 by the 
least costly-method.]" 
SECTION 21. Section 15 of the same Act is hereby renumbered as Section 22 
and is amended to read as follows: 
"Sec. [15] 22. Regulation on Campazgning Abroad. PERSONAL 
CAMPAIGNING, [T]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 ALLOWED BY 
THE LAWS OF HOST COUNTRIES; PROVIDED, THAT, ALL 
FORMS OF CAMPAIGNING ABROAD WITHIN THE 30 DAY 
OVERSEAS 
ABSENTEE 
VOTING 
PERIOD 
SHALL 
BE 
PROHIBITED. " 
SECTION 22. A new Section 23 of the same Act hereby inserted to read as 
follows: 
"SEC. 23. VOTING. 
-VOTING MAY BE DONE EITHER 
PERSONALLY, BY MAIL, OR BY ANY OTHER MEANS AS MAY 
BE ALLOWED UNDER OTHER EXISTING LAWS. FOR THIS 
PURPOSE, THE COMMISSION SHALL ISSUE THE NECESSARY 
GUIDELINES ON THE MANNER AND PROCEDURES OF 
VOTING. "THE COAV, IN CONSULTATION WITH DFA-OAVS, 
SHALL DETERMINE THE COUNTRIES WHERE VOTING 
SHALL BE DONE BY ANY SPECIFIC MODE, TAKING INTO 
CONSIDERATION THE MINIMUM CRITERIA ENUMERATED 
UNDER THIS ACT WHICH SHALL INCLUDE THE NUMBER OF 
REGISTERED VOTERS, ACCESSIBILITY OF THE POSTS, 
EFFICIENCY OF THE HOST COUNTRY'S APPLIED SYSTEM 
AND SUCH OTHER CmCUMSTANCES THAT MAY AFFECT 
THE CONDUCT OF' VOTING. "THE COMMISSION SHALL 
ANNOUNCE 
THE 
SPECIFIC 
MODE 
OF 
VOTING 
PER 
22 


COUNTRY/POST AT LEAST ONE HUNDRED TWENTY (120) 
DAYS BEFORE THE START OF THE VOTING PERIOD. 
"THE COMMISSION SHALL ISSUE AN OVERSEAS ABSENTEE 
VOTER 
IDENTIFICATION 
CARD 
TO 
THOSE 
WHOSE 
APPLICATIONS TO VOTE HAVE BEEN APPROVED." 
SECTION 23. Section 16 of the same Act is hereby renumbered as Section 24 
and is amended to read as follows 
"Sec. [16]24. PERSONAL VOTING. -Casting and Submission of Ballots. 
"[16.l] 24.l Upon receipt [by the designated officer of the embassy, 
consulate and other foreign service establishments 1 of the ballots AND 
OTHER ACCOUNTABLE FORMS, VOTING MACHINES AND 
OTHER HARDWARE AND SOFTWARE for overseas absentee voters 
[,voting instructions, election forms and other paraphernalia] THE 
SBRCG [he/she] shall make them available on the premises to the 
qualified overseas absentee voters in their respective jurisdictions [during 
the thirty (30) days before the day of elections when overseas absentee 
voters may cast their vote. Immediately upon receiving it, the overseas 
absentee voter must fill-out his/her ballot personally, in secret, without 
leaving the premises of the embassies, consulates, and other Foreign 
Service establishments concerned.] DURING THE THIRTY-DAY (30) 
VOTING PERIOD. "THE COMMISSION SHALL CONSTITUTE 
AS MANY SPECIAL BALLOT RECEPTION GROUPS (SBRCGs) 
AS MAY BE NECESSARY TO RECEIVE AND TAKE CUSTODY 
OF ALL ACCOUNTABLE AND OTHER ELECTION FORMS, 
SUPPLIES AND PARAPHERNALIA FROM THE COAV FOR 
TRANSMITTAL TO THE SPECIAL BOARDS OF ELECTION 
INSPECTORS (SBEIS) AND TO THE SPECIAL BOARD OF 
CANVASSERS. EACH SBRCG SHALL BE COMPOSED OF 
THREE (3) MEMBERS FROM AMONG THE STAFF OF THE 
POSTS 
CONCERNED, 
INCLUDING 
THEIR 
ATTACHED 
AGENCIES, AND FILIPINO CITIZENS ABROAD. 
"THE COMMISSION SHALL, LIKEWISE, CONSTITUTE AS 
MANY SPECIAL BOARDS OF ELECTION INSPECTORS (SBEIs) 
23 


AS MAYBE NECESSARY TO CONDUCT AND SUPERVISE THE 
VOTING AND COUNTING OF VOTES. 
"EACH SBEI SHALL BE COMPOSED OF A CHAIRMAN, 
DESIGNATED AS SUC:;H BY THE COMMISSION FROM AMONG 
CAREER PUBLIC OFFICERS POSTED ABROAD, AND TWO (2) 
GOVERNMENT OFFICERS AS MEMBERS, ONE OF WHOM 
SHALL BE DESIGNATED AS POLL CLERK. IN THE ABSENCE 
OF SUCH OTHER GOVERNMENT OFFICERS, THE TWO 
MEMBERS SHALL BE FILIPINO CITIZENS QUALIFIED TO 
REGISTER OR VOTE UNDER THIS ACT AND SHALL BE 
DEPUTIZED BY THE COMMISSION NOT LATER THAN SIXTY 
(60) DAYS BEFORE THE START OF THE VOTING PERIOD. 
"ALL SBEI RESOLUTIONS SHALL BE VALID ONLY WHEN 
APPROVED BY A MAJORITY OF THE MEMBERS OF THE 
BOARD." 
"24.2. VOTING SHALL BE DONE AT THE POSTS, OR 
WHEREVER FIELD REGISTRATIONS WERE CONDUCTED, OR 
AT 
ANY 
OTHER 
POLLING 
PLACE 
DESIGNATED/ACCREDITED AS SUCH BY THE COMMISSION. 
"[16.2. The overseas absentee voter shall personally accomplish his/her 
ballot at the embassy, consulate or other foreign service establishment that 
has jurisdiction over the country where he/she temporarily resides or at 
any polling place designated and accredited by the Commission.] 
"[16.3). 24.3. The overseas absentee voter shall cast HERIHIS [his/her] 
ballot, upon presentation of the absentee voter identification card issued 
by 
the 
Commission, 
OR 
SUCH 
OTHER 
DOCUMENTS 
ACCEPTABLE TO THE SBEI AT THE POST AS SUFFICIENT TO 
ESTABLISH HERIHIS IDENTITY [within thirty (30) days before the 
day of elections. In the case of seafarers, they shall cast their ballots 
anytime within sixty (60) days before the day of elections as prescribed in 
the Implementing Rules and Guidelines). 
24 


"IMMEDIATELY UPON RECEIVING HER/HIS BALLOT, THE 
• 
OVERSEAS 
ABSENTEE 
VOTER 
MUST 
FILL 
IT 
OUT 
PERSONALLY, IN SECRET AND WITHOUT LEAVING THE 
PREMISES 
OF 
THE 
POST 
OR 
OF 
ANY 
OTHER 
DESIGNATED/ACCREDITED POLLING PLACE. 
"[16.4] 24.4. All accomplished ballots received shall be placed IN sealed 
containers and kept in a secure place designated by the Commission. 
"[16.5] 24.5. The SBRCG [embassies, consulates and other foreign 
service establishments concerned] shall keep a complete record of the 
ballots for overseas absentee voters, specifically indicating the number of 
ballots they actually received [, and in cases where voting by mail is 
allowed under Section 17 hereof, the names and addresses of the voters to 
whom these ballots were sent, including proof of receipt thereof]. In 
addition, the SBRCG [~mbassies, consulates and other foreign service 
establishments] shall submit a formal report to the Commission and TO 
the Joint Congressional Oversight Committee created under this Act 
within thirty (30) days from the day of elections. Such report shall contain 
data on the number of ballots cast and received by the offices, the number 
of invalid and unclaimed ballots and other pertinent data. 
"24.6 BEFORE THE START OF THE COUNTING, ALL UNUSED 
BALLOTS SHALL BE ACCOUNTED FOR AND DISPOSED OF 
APPROPRIATELY BY THE CONCERNED POSTS, WITH THE 
CORRESPONDING FORMAL REPORT 
OF SUCH FACTS 
TRANSMITTED TO THE COMMISSION. 
"[16.6. The overseas absentee voter shall be instructed that his/her ballot 
shall not be counted if it is not inside the special envelope furnished 
him/her when it is cast. 
"[16.7. Ballots not claimed by the overseas absentee voters at the 
embassies, consulates and other foreign service establishments, in case of 
personal voting, and ballots returned to the embassies, consulates and 
other foreign service establishments concerned, in the case of voting by 
25 


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] 22.7. 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 shaH be counted in accordance with Section 18 
hereof. All envelopes containing the ballots received by the embassies, 
consulates and othel' foreign service establishments after the prescribed 
period shall not be opened, and shall be cancelled and shipped to the 
Commission by the least costly method within six (6) months from the day 
of elections] AT OR BEFORE THE CLOSE OF THE VOTING ON 
• 
THE DAY OF ELECTIONS SHALL BE COUNTED." 
"[16.9. A Special BaHot Reception and Custody Group composed of three 
(3) members shall be constituted by the Commission from among the staff 
of the embassies, consulates and other foreign service establishments 
concerned, including their attached agencies, and citizens of the' 
Philippines abroad, who will be deputized to receive ballots and take 
custody of the same preparatory to their transmittal to the Special Boards 
of Election Inspectors.] 
"[16.10] 22.S. During THE VOTING, [this phase of the election processJ 
the authorized representatives of the political parties, candidates, and 
accredited citizens' arms of the Commission shall be notified THEREOF 
in writing [thereof! and shall have the right to witness the proceedings. 
"[16.11. The Commission shall study the use of electronic mail, Internet, 
or other secured networks in the casting of votes, and submit a report 
thereon to the Joint Congressional Oversight Committee. J" 
SECTION 24. Section 17 of the same Act is hereby renumbered as Section 25 
and is amended to read as follows: 
"Sec. [17J 25. Voting by Mail. -MAILING AND SUBMISSION OF 
BALLOTS. 
26 


"[17.1. For the May, 2004 elections, the Commission shall authorize 
voting by mail in not more than three, (3) countries, subject to the 
approval of the Congressional Oversight Committee. Voting by mail may 
be allowed in countries that satisfy the following conditions: 
a. Where the mailing system is fairly well-developed and secure to 
prevent the occasion of fraud; 
b. Where there exists a technically established identification 
system that would preclude multiple or proxy voting; and, 
c. Where the system of reception and custody of mailed ballots in 
the embassies, consulates and other foreign service establishments 
concerned are adequate and well-secured. 
"Thereafter, voting by mail in any country shall be allowed only upon 
review and approval of the Joint Congressional Oversight Committee.] 
"25.1. THE COMMISSION SHALL TAKE CUSTODY OF ALL 
OUTGOING BALLOTS PREPARATORY TO THEIR MAILING 
TO THE VOTERS OR TO THE POSTS. "THE COMMISSION 
SHALL 
MAll., 
THE 
BALLOTS 
DIRECTLY 
TO 
THE 
REGISTERED VOTERS OR TO THE POSTS THROUGH THE 
• 
FACu,lTIES OF THE PHu,IPPINE POSTAL CORPORATION 
(PHu,POST). THE PHu,POST SHALL ENSURE THE SECRECY 
AND SANCTITY OF THE MAILED BALLOTS AND SHALL GIVE 
THEM PREFERENCE OVER ALL OTHER MAIL MATTERS. 
"THE COMMISSION SHALL CONSTITUTE SPECIAL BALLOT 
RECEPTION GROUPS (SBRCGs) FOR EVERY POST FOR 
WHICH VOTING BY MAIL IS THE DESIGNATED VOTING 
MODE 
TO 
RECEIVE 
AND 
TAKE 
CUSTODY 
OF 
ALL 
ACCOUNTABLE AND OTHER ELECTION. FORMS, SUPPLIES 
AND 
PARAPHERNALIA 
FROM 
THE 
COAV 
FOR 
TRANSMITTAL TO THE SPECIAL BOARDS OF ELECTION 
INSPECTORS (SBEIS) AND TO THE SPECIAL BOARD OF 
27 


CANVASSERS, AS WELL AS TO RECORD, VERIFY, RECEIVE 
AND TAKE CUSTODY OF ALL MAILED ACCOMPLISHED 
BALLOTS. EACH SBRCG SHALL BE COMPOSED OF THREE (3) 
MEMBERS FROM AMONG THE STAFF OF THE POSTS 
CONCERNED, INCLUDING THEIR ATTACHED AGENCIES, 
AND FILIPINO CITIZENS ABROAD." 
"[17.2] 25.2. The overseas absentee voter shall send HERIHIS [hislher] 
accomplished 
ballot 'IN 
THE 
ACCOMPANYING 
SPECIAL 
ENVELOPE AT ANY TIME AFTER RECEIPT THEREOF AND 
ENSURE THAT THE SAME BALLOT IS RECEIVED AND 
STAMPMARKED BY THE POST ON OR BEFORE THE CLOSE 
OF VOTING ON THE DAY OF ELECTIONS [to the corresponding 
embassy, consular or other foreign service establishment that has 
jurisdiction over the country where he/she temporarily resides. He/she 
shall be entitled to cast. his/her ballot at any time upon his/her receipt 
thereof, provided that the same Is received before the close of voting on 
the day of elections. The overseas absentee voter shall be instructed that 
his/her ballot shall not be counted if not transmitted in the special 
envelope furnished him/her]. 
"[17.3] 25.3. Only mailed ballots STAMPMARKED BY THE LOCAL 
POSTAL SERVICE AS HAVING BEEN MAILED BEFORE CLOSE 
, 
OF VOTING AND RECEIVED BY THE SBCRG DURING THE 
COUNTING OF VOTES SHALL BE COUNTED. [received by the 
Philippine embassy, consulate and other foreign service establishments 
before the close of voting on the day of elections shall be counted in 
accordance with Section 18 hereof.] All envelopes containing the 
ACCOMPLISHED ballots received AFTER THE COUNTING OF 
VOTES SHALL NOT BE OPENED AND SHALL BE FILED AND 
KEPT [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 
DOCUMENTATION, with a corresponding INVENTORY report 
, 
thereon [submitted to the Commission not later than thirty (30) days from 
the day of elections]. ACCREDITED MAJOR POLITICAL PARTIES 
SHALL BE FURNISHED COPIES OF THE SAID REPORT NOT 
28 


LATER THAN THIRTY (30) DAYS AFTER THE DAY OF 
ELECTIONS. 
"26.4. THE COMMISSION SHALL MAINTAIN A COMPLETE 
REPORT OF THE NAMES AND ADDRESSES OF THE VOTERS 
TO WHOM THE BALLOTS WERE SENT, INCLUDING THE 
NUMBER OF BALLOTS CAST AND RECEIVED BY THE SBRCG, 
THE NUMBER OF INVALID AND UNCLAIMED BALLOTS, AS 
WELL AS OTHER PERTINENT DATA AND MAKE A TIMELY 
REPORT THEREON TO JOINT CONGRESSIONAL OVERSIGHT 
COMMITTEE. 
"26.5. ALL MAILED BALLOTS MARKED "RETURN TO 
SENDER" AND RETURNED TO THE COMMISSION SHALL 
NOT BE OPENED. THE SAME SHALL BE CANCELLED AND 
DISPOSED OF APPROPRIATELY, WITH A CORRESPONDING 
INVENTORY REPORT THEREON DULY FURNISHED THE 
MAJOR POLITICAL PARTIES NOT LATER THAN THIRTY (30) 
DAYS AFTER THE DAY OF ELECTIONS." 
SECTION 25. A new Section 27 of the same Act is hereby inserted to read as 
follows: 
"SEC. 27. VOTING BY SEAFARERS. SEAFARERS MAY VOTE 
IN ACCORDANCE WITH SECTION 21 OF THIS ACT. FOR THIS 
PURPOSE, THE COMMISSION SHALL PREPARE A SEPARATE 
CLOA V FOR SEAFARERS." 
SECTION 26. A new Section 28 of the same Act is hereby inserted to read as 
follows: 
"SEC. 28. VOTING PRIVILEGE OF MEMBERS OF THE SBEI, 
SBRCG AND SBOC. -GOVERNMENT EMPLOYEES POSTED 
ABROAD WHO WILL PERFORM ELECTION DUTIES AS 
MEMBERS OF THE SBEI, SBCRG AND SBOC SHALL BE 
ALLOWED TO VOTE IN THE POST; PROVIDED, THAT, THEY 
29 


ARE REGISTERED EITHER IN THE PHILIPPINES OR AS 
OVERSEAS ABSENTEE VOTERS." 
SECTION 27. Section 18 of the same Act is hereby renumbered as Section 29 
and amended to read as follows:' 
"Sec. [18]29. -On-site Counting and Canvassing-
"[18.1] 29.1. The counting and canvassing of votes shall be conducted 
onsite in the country where the votes were actually cast. The opening of 
the specially-marked envelopes and containers containing the ballots and 
the counting and canvassing of votes shall be conducted within the 
premises of the [embassies, consulates and other Foreign Service 
establishments, or in such other places as may be designated by the 
Commission pursuant to the hnplementing Rules and Regulations.] 
POSTS 
or 
WITHIN 
ANY· 
OTHER 
POLLING 
PLACE 
DESIGNATED/ACCREDITED AS SUCH BY THE COMMISSION. 
The Commission shall ensure that the start of counting in polling places 
abroad shall, [be synchronized] AS FAR AS PRACTICABLE, 
COINCIDE with the start of the counting in the Philippines, TAKING 
INTO CONSIDERATION THE RESPECTIVE TIME ZONES OF 
THE DIFFERENT POSTS." 
"[18.2]. 29.2. [For these purposes, the Commission shall constitute as 
many Special Boards of Election Inspectors (SBEls) as may be necessary 
to conduct and supervise the counting of votes as provided in Section 18.1 
hereof. The Special Boards of Election Inspectors to be constituted therein 
shall be composed of a Chairman and two (2) members, one (1) of whom 
shall be designated as poll clerk. The ambassador, or consul-general, or 
any career public officer posted abroad designated by the Commission, as 
the case may be, shalf 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 
SBEls on issues brought before it during the conduct of its proceedings 
shall be valid only when they carry the approval of the chairman.] 
30 


• 
"Immediately upon the completion of the counting, the [Special Boards of 
Election Inspectors] SBEls shal1 transmit [via facsimile and/or electronic 
mail] the results to the Commission in Manila and TO the accredited 
major political parties VIA FACSIMILE, ELECTRONIC MAIL 
AND/OR BY ANY OTHER SAFE, SECURE AND RELIABLE 
MEANS OF TRANSMISSION." 
["18.3. Only ballots cast on, or received by the embassies, consulates and 
other foreign service establishments before the close of voting on the day 
of elections shall be included in the counting of votes. Those received 
afterwards shall not be counted.] 
"[18.4] 29.3. A Special Board of Canvassers (SBOC) composed of THE 
HIGHEST RANKING OFFICER FROM THE POST [a lawyer 
preferably of the Commission] as chair[man]PERSON, a senior career 
officer from any of the' government agencies maintaining a post abroad 
and, in the absence of another government officer, a citizen of the 
Philippines qualified to vote under this Act AND deputized by the 
Commission, 
as 
vice-chair[manJPERSON 
and 
member-secretary, 
respectively, shall be constituted to canvass the election returns submitted 
to it by the SBEls [Special Boards of Election Inspectors], Immediately 
upon the completion of the canvass, the chair[man]PERSON of the 
SBOC [Special Boards of Canvassers] shall transmit via facsimile, 
electronic mail, AND/or BY any other SAFE, SECURE AND 
RELIABLE means of transmission [equally safe and reliable] the 
Certificates of Canvass and the Statements of Votes to the Commission, 
and shall cause to preserve the same immediately after the conclusion of 
the canvass, and make it available upon the instructions of the 
Commission. The SBOC [Special Board of Canvassers] shall also furnish 
the accredited maj or political parties and accredited citizens' arms with 
copies thereof via facsimile, electronic mail AND/or BY any other SAFE, 
SECURE AND RELIABLE means of transmission [equally safe, secure 
and reliable]. "The Certificates of Canvass and the accompanying 
Statements of Votes as transmitted via facsimile, electronic mail AND/or 
any other SAFE, SECURE AND RELIABLE means of transmission 
[equally safe, secure and reliable] shall be the primary basis for the 
national canvass. " 
31 


• 
n[18.5] 29.4. The canvass of OVERSEAS votes shall not cause the delay 
of the proclamation of a winning candidate if the outcome of the election 
will not be affected by the results thereof. Notwithstanding the foregoing, 
the Commission, AS NATIONAL BOARD OF CANVASSERS FOR 
SENATORS 
AND 
PARTY-LIST 
REPRESENTATIVES, 
OR 
CONGRESS, AS NATIONAL BOARD OF CANVASSERS FOR 
PRESIDENT AND VICE-PRESID-NT, SHALL PROCLAIM THE 
[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. n 
"[18.6] 29.5. In the preparation of the final tally of votes on the results of 
the national elections, [the Commission, shall ensure that] the votes 
canvassed by each and every country shall be reflected as a separate item 
from the tally of national votes. For purposes of this Act, the returns of 
every election for P[p]resident and V[v]ice-P[p]resident prepared by the 
Special Board of Canvassers shall be deemed a certificate of canvass of a 
city or a province. n 
"[18.7]29.6. Where feasible, the counting and canvassing of votes sball be 
automated. Towards this end, the Commission is hereby authorized to 
borrow, rent, lease or acquire automated [voting] COUNTING machines 
for purposes of canvassing and counting of votes pursuant to the 
provisions of this Act, and in accordance with the Implementing Rules and 
Regulations promulgated by the Commission. n 
SECTION 28. A new Section 30 is hereby inserted to read as follows: 
"SEC. 30. AUTHORITY TO ADOPT OTHER MODES OR SYSTEMS 
USING AUTOMATED ELECTION SYSTEM NOTWITHSTANDING 
CURRENT PROCEDURES AND SYSTEMS HEREIN PROVIDED, 
FOR THE PROPER IMPLEMENTATION OF THIS ACT AND IN 
VIEW OF THE PECULIARITIES ATTENDANT TO THE 
32 


• 
OVERSEAS ABSENTEE PROCESS, THE COMMISSION MAY 
EXPLORE AND ADOPT OTHER MORE EFFICIENT, RELIABLE 
AND SECURE MODES OR SYSTEMS, WHETHER PAPER-, 
ELECTRONIC-, TECHNOLOGY-OR INTERNET-BASED, FOR 
ONSITE 
AND 
REMOTE REGISTRATION 
AND 
VOTING, 
COUNTING, CANVASSING AND CONSOLIDATION OF VOTES, 
AS WELL AS FOR THE TRANSMITTAL OF RESULTS." 
SECTION 29. A new Section 31 is hereby-inserted to read as follows: 
"SEC. 
31. PROCUREMENT OF FACILITIES, EQUIPMENT, 
MATERIALS, SUPPLIES OR SERVICES. -TO ACHIEVE THE 
PURPOSE OF THIS ACT, THE COMMISSION MAY, LIKEWISE, 
PROCURE FROM LOCAL OR FOREIGN SOURCES, THROUGH 
PURCHASE, LEASE, RENT OR OTHER 
FORMS 
OF 
ACQUISITION, HARDWARE 
OR SOFTWARE, FACILITIES, 
EQUIPMENT, MATERIALS, SUPPLIES OR SERVICES IN 
ACCORDANCE WITH EXISTING LAWS, FREE FROM IMPORT 
TAXES 
AND 
DUTIES, 
SUBJECT 
TO 
GOVERNMENT 
PROCUREMENT RULES AND REGULATIONS." 
SECTION 30. Sec. 19 of the same Act is hereby renumbered as Section 32 and is 
amended to read as follows: 
"Sec.[19J32. {AuthOrity of the Commission to Promulgate] Rules AND 
REGULATIONS. -The Commission shall PROMULGATE [issue the 
necessary] rules and regqlations FOR THE [to effectively implement the] 
IMPLEMENTATION AND ENFORCEMENT OF THE provisions of 
this ACT within sixty (60) days from the effectivity THEREOF [of this 
Act]. [The Implementing Rules and Regulations shall be submitted to the 
Joint Congressional Oversight Committee created by virtue of this Act for 
prior approval]. "[In the formulation of the rules and regulations, the 
Commission shall coordinate with the Department of Foreign Affairs, 
Department of Labor and Employment, Philippine Overseas and 
Employment Administration, Overseas Workers' Welfare Administration 
and 
the 
Commission 
on 
Filipinos 
Overseas. 
Non-government 
33 


• 
organizations and accredited Filipino organizations or associations abroad 
shall be conSUlted.]" 
SECTION 31. Section 20 of the same Act is hereby renumbered as Section 33 
and is amended to read as follows: 
"Sec. [20]33. -Information Campaign -The Commission, in coordination 
with agencies concerned, shall undertake an information campaign to 
educate the public on the manner of absentee voting for qualified overseas 
absentee voters. It may require the support and assistance of the 
Department of Foreign Affairs, through the POSTS [through the 
embassies, consulates and other foreign service establishments], 
Department of Labor anct' Employment, Department of Transportation and 
Communications, Philippine Postal Corporation, Philippine Overseas 
Employment Administration, Overseas Workers' Welfare Administration 
and the Commission on Filipinos Overseas. [The Commission may 
deputize Filipino organizations/associations overseas for the same 
purpose: Provided, that any such deputized organization/ association shall 
be prohibited from participating in the elections by campaigning for or 
fielding candidates; Provided, further, That if any such deputized 
organization/association is discovered to have a member who is not a 
qualified overseas absentee voter, as herein defined, such deputized 
organization/association shall be banned from participating in any manner, 
• 
and at any stage, in the Philippine political process abroad] "Such 
information campaign shall educate the Filipino public, within and outside 
the Philippines, on the PHILIPPINE ELECTORAL SYSTEM, [on] 
their rights AS overseas absentee voters, absentee voting processes and 
other related concerns. Information materials shall be developed by the 
Commission for distribution, through the said government agencies and 
private organizations. No government agency [or accredited private 
organizations] shall prepare, print, distribute or post in [web sites] 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 COSTS OF EFFECTIVELY 
CARRYING 
OUT 
THE 
OVERSEAS 
ABSENTEE 
VOTERS 
INFORMATION AND EDUCATION CAMPAIGN. 
34 


, 
"THE COMMISSION MAY ENTER INTO CONTRACTS WITH 
PUBLIC OR PRIVATE. ENTITIES TO ENSURE EFFECTIVE AND 
EFFICIENT INFORMATION DISSEMINATION." 
SECTION 32. A new Section 34 is hereby inserted to read as follows: 
"SEC. 34. ROLE AND ENGAGEMENT OF FILIPINO CIVIL 
SOCIETY ORGANIZATIONS. 
-THE 
COMMISSION 
SHALL 
• 
ENCOURAGE AND ENGAGE THE PARTICIPATION OF LOCAL 
AND OVERSEAS FILIPINO CIVIL SOCIETY ORGANIZATIONS 
AS ACCREDITED OR DEPUTIZED PARTNERS AT ANY STAGE 
OF THE OVERSEAS ELECTORAL PROCESS, SUBJECT TO THE 
GUIDELINES AND LIMITATIONS ELSEWHERE PROVIDED IN 
THIS ACT OR IN OTHER RELEVANT LAWS, AS WELL AS 
THOSE THAT THE COMMISSION SHALL PROMULGATE; 
PROVIDED, 
THAT 
ANY 
SUCH 
ORGANIZATION 
OR 
ASSOCIATION SHALL BE ACCREDITED OR DEPUTIZED I ON 
THE BASIS OF THEIR PRESENCE, REACH AND RESOURCES 
TO EDUCATE THE FILIPINO PUBLIC ON THE PHILIPPINE 
ELECTORAL SYSTEM, 
THEIR RIGHTS 
AS 
OVERSEAS 
ABSENTEE VOTERS, THE ABSENTEE VOTING PROCESSES 
AND OTHER RELATED CONCERNS, AS WELL AS TO 
DISSEMINATE 
INFORMATION 
DEVELOPED 
BY 
THE 
, 
COMMISSION EFFECTIVELY AND IN A TIMELY MANNER; 
PROVIDED, FURTHER, THAT NO SUCH ACCREDITED OR 
DEPUTIZED 
ORGANIZATION 
SHALL PREPARE, 
PRINT, 
DISTRmUTE OR POST ANY INFORMATION OR MATERIAL 
\vlTHOUT THE PRIOR APPROVAL OF THE COMMISSION; 
PROVIDED, FURTHER, THAT ANY SUCH ACCREDITED OR 
DEPUTIZED ORGANIZATION OR ASSOCIATION SHALL BE 
PROHmITED FROM CAMPAIGNING FOR OR FEILDING 
CANDIDATES; PROVIDED, FINALLY, THAT IF ANY SUCH 
ORGANIZATION OR ASSOCIATION IS DISCOVERED TO 
HAVE A MEMBER WHO IS NOT QUALIFIED OVERSEAS 
• 
ABSENTEE VOTER AS HEREIN DEFINED, SUCH DEPUTIZED 
ORGANIZATION OR ASSOCIATION SHALL BE BANNED 
35 


FROM PARTICIPATING IN ANY MANNER AND AT ANY 
STAGE IN THE PHILIPPINE POLITICAL PROCESS ABROAD." 
SECTION 33. A new Section 35 is hereby inserted to read as follows: 
"SEC 35. TRAININGS. -"TRAINING OF THE MEMBERS OF 
FOREIGN 
SERVICE 
CORPS 
ON 
OVERSEAS 
ABSENTEE 
VOTING PROCESSES, RULES AND PROCEDURES, TO BE 
UNDERTAKEN BY THE COMMISSION IN COORDINATION 
WITH THE DFAOAVS, SHALL FORM AN INTEGRAL PART OF 
THEm BRIEFING AND ORIENTATION PRIOR TO THEm 
POSTING ABROAD. "THE COAV, THROUGH ITS CHAmMAN, 
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." 
• 
SECTION 34. Section 21 of the same Act is hereby renumbered as Section 36. 
SECTION 35. Section 22 of the same Act is hereby renumbered as Section 37 
and is amended to read as follows: 
"Sec. [22] 37. -Assistance from Government Agencies. -All government 
officers, particularly from the Department of Foreign Affairs, Department 
of Labor and Employment, Department of Transportation and 
Communications, Philippine Postal Corporation, Philippine Overseas 
Employment Administration, Overseas Workers' Welfare Administration, 
Commission on Filipinos Overseas and other government offices 
concerned with the welfare of the Filipinos overseas shall, to the extent 
compatible with their primary responsibilities, assist the Commission in 
carrying out the provisions of this Act. All such agencies or officers 
thereof shall take reasonable measures to expedite all election activities, 
which the Commission shall require of them. When necessary, the 
Commission may send supervisory teams headed by career officers to 
assist the POSTS [embassies, consulates and other foreign service 
36 


establishments 
concerned]. 
"LIKEWISE, 
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. II' 
SECTION 36. Section 23 of the same Act is hereby renumbered as Section 38. 
SECTION 37. Section 24 of the same Act is hereby renumbered as Section 39 
and is amended to read as follows: 
"Sec. [24] 39. Prohibited Acts. In addition to the prohibited acts provided 
by law, it shall be unlawful: 
"[24.1 ]39.l. 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]39.2. For any person to deprive ANOTHER [any person] of any 
right secured in this Act, or to give false information as to HERihis [/her] 
name, address, or period of residence for the purposes of establishing 
HERlhis [/her] 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 FOR 
REGISTRATION, or for voting; 
"[24.3] 39.3. For any person to STEAL, CONCEAL, ALTER, 
DESTROY, MUTILATE, MANIPULATE, OR IN ANY WAY tamper 
with [the ballot,] the mail containing the ballots for overseas absentee 
voters, THE BALLOT, the election returns, [including the destruction, 
mutilation 
and 
manipulation 
thereof;] 
OR 
ANY 
RECORD, 
DOCUMENT OR PAPER AS REQUIRED FOR PURPOSES OF 
THIS ACT; 
37 


.. 
["24.4. For any person to steal, destroy, conceal, mutilate or alter any 
record, document or paper as required for purposes of this Act;] 
"[24.5] 39.4. For any deputized agent to refuse without justifiable ground, 
to serve or serving, or to comply with hislher sworn duties after 
acceptance of his/her appointment; 
"[24.6]" 39.5. For any public officer or employee OR ACCREDITED 
OR DEPUTIZED ORGANIZATION OR ASSOCIATION TO [who 
shall] cause the preparation, printing, distribution OR POSTING of 
information. OR material [, or post the same in web sites] without the 
prior approval of the Commission; 
"[24.7] 39.6. For any public officer or employee to cause the transfer, 
promotion, extension, retail 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] 39.7. 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; 
"39.S. 
FOR ANY PERSON TO 
ENGAGE 
IN 
PARTISAN 
POLITICAL 
ACTIVITY 
ABROAD 
DURING 
THE 
30-DAY 
OVERSEAS ABSENTEE VOTING PERIOD." 
"[24.9] 39.9. 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 
38 


.. 
offenses and ARE punishable in the Philippines. "The penalties imposed . 
under Section 264 of the Omnibus Election Code, as amended, shall be 
imposed on any person found guilty of committing any of the prohibited 
acts as defined in this section: Provided, That the penalty of prision mayor 
in its minimum period shall be imposed upon any person found guilty 
UNDER Section [24.3]39.3 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 his/her registration under this Act and yet vote 
in the next elections contrary to the said section, shall be penalized by 
imprisonment of not less than one (1) year, and shall be deemed 
disqualified as provided in Section 5( c) of this Act. His/her passport shall 
be stamped "not allowed to vote.]" 
SECTION 38 Section 25 of the same Act is hereby renumbered as Section 40 and 
is amended to read as follows: 
"Sec. [25] 40. Joint Congressional Oversight Committee. -A Joint 
Congressional Oversight Committee is hereby created, composed of the 
Chainnan 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.]" 
39 


SECTION 39. Sections 26, 27, 28 and 29 of the same Act are hereby renumbered 
accordingly. 
SECTION 40. A new Section 45 is hereby inserted to read as follows: 
"Sec. 
45. 
TRANSITORY PROVISION -ALL PRIOR ACTS, 
RESOLUTIONS, ISSUANCES OF THE COMMISSION UNDER 
THIS ACT, NOT OTHERWISE INCONSISTENT HEREWITH, 
INCLUDING THE REGISTRATION OF VOTERS AND MODES 
OF VOTING, SHALL REMAIN V A:LID AND EFFECTIVE." 
SECTION 41. Separability Clause -If any part or provision of this Act shall be 
declared unconstitutional or iJ;lvalid, other provisions hereof which are not 
affected thereby shall continue to be in full force and effect. 
SECTION 42. 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. 
SECTION 43. Effectivity -This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or at least in three (3) newspapers of 
general circulation. 
Approved, 
40