4 ~

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
Third Regular Session

COMMITTEE REPORT NO. 2386

Submitted by the Committee on Suffrage and Electoral Reforms on

— O6-SeP 2012

Re : House Bill No:___ 6542

Recommending Its Approval In Substitution Of HB Nos. 3001, 3023, 3201 and
3996

Sponsors : The Nonorabie Representatives Elpidio F. Barzaga, Jr.,
Gloria Macapagal-Arroyo, Salvador H. Escudero IN, Walden F. Bello, At
Francis DC. Bichara, Maria Isabelle G. Climaco, Rufus B. Rodriguez, Edcet C.
Lagman, Rexion T. Gatchalian, Neptali M. Gonzales Il, Arlene J, Bag-ao,
Rodel M, Batocabe and Erico B. Aumentado

Mr. Speaker:
The Committee on Suffrage and Electoral Reforms, to which were referred,

House Bill No. 3001 introduced by the Honorable Representative Gloria Macapagal-Arroyo
entitled
“AN ACT

TO AMEND REPUBLIC ACT NO. 9189 OTHERWISE KNOWN AS THE CVERSE# 5
ABSENTEE VOTING ACT OF 2003"

House Bil! No. 3023 introduced by the Honorable Representative Salvador H. Escudero It
enttled:
“AN ACT

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



House Bil! No. 3201 introduced by the Honorable Representatives Walden F, Bello, Al
Francis DC. Bichara, Maria Isabelle G. Climaco, Rufus B. Rodriguez, Edcel ©. Lagman,
Rexlon T, Gatchalian, Neptali M. Gonzales Il, ‘Arlene J, Bag-ao and Rode! M, Batocabe

entitled:

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

and H& 3966 introduced by the Honorable Representative Erico B. Aumentado entitled:

“AN ACT
PROVIDING FOR THE ADOPTION OF VOTING BY MAIL AS AN OPTION TO PERSONAL
VOTING Ih ALL COUNTRIES WITH OVERSEAS FILIPINO WORKERS AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 9189. OTHERWISE KNOWN AS “THE OVERSEAS
ABSENTEE VOTING ACT OF 2003”

g542
6542
has considered the same and recommends that the attached House Bill No. __ entitled:

AN ACT
AMENDING REPUBLIC ACT NO. 9189, ENTITLED “AN ACT PROVIDING FOR A
SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS OF
THE PHILIPPINES ABROAD. APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES”

be approved in substitution of House Bill Nos, 3001, 3023, 3201 and 3996 with the Honorable
Representatives Gloria Macapagal-Arroyo, Salvador H. Escudero Ill, Walden F. Bello, Al
Francis DC. Bichara, Maria Isabelle G. Climaco, Rufus B. Rodriguez, Edcel C. Lagman,
Rexlon T, Gatchalian, Neptali M. Gonzales Il, Arlene J. Bag-ao, Rodel M. Batocabe and
Erico B. Aumentado as authors thereof.

Respectily ml:
‘ \

HON. ELSI RZAGA, JR.
Chairman
Commit

and Electoral Reforms


HOUSE OF REPRESENTATIVES
15 Congress
Third Regular Session

nae
H.B. No.__©. 542
Un substitution to H.B. Nos. 3001, 3023, 3201 and 3966)

INTRODUCED By Rzpresevras\:s Macapagal-Aryo. Escudero, Beflo. Bichr-a. Climac-».
Rodriguez (R}, Lagman. Gatchatian. Gonzales (NX). Bag-a0 . Batocabe aid Aumensa-e

AN ACT
AMENDING REPUBLIC ACT NO, 9189, ENTITLED “AN ACT
s M OF OVERSEAS ABSENTEE VOTING
BY QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD.
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES”

Beit

led by the Sencte and House of Representatives of the Philippines ¢
assembled:

Section i. Section } of Republic Act Ne. 9189. otherwise known as “The

Overseas Absentee Voting Act of 2003" ix hereby amended to read as follo

“Sec. 1. Short Title. — This Act shail be known as “The Oversea:

[Abseatee] Voting Ac; of [2003] 2012.”

Section2. Section 3 of Republic Act No. 9189 is hereby amended to read
as fullows:

of this Act

“Sec. 3. Definition of Terms, - For purpos

jo) A. ['1Certified List of Overseas [Absentee] Voters["] (CLOV) refer|s]
to the Hst of registered overseas [absentee] vuers whee
applications to vote [in absentia]OVERSEAS have been
approved by the Commission. said list 10 be prepared by zke
{Committee] OFFICE fon] FOR OVERSEAS [Absentee] Vong

of the Cominission. on a country-hy-country 4.ND POST BY


tw

we

4

ow

att

v

a

nm

2B

2
POST basis. The iat shall be approved by the Commission in ar.

en banc resolution:
b. [4] Commission{’] reters to the Commission on Blections
[a]. M1Day of Election{’] refors to the actual date of elections in the
Philippines:

D. DEPARTMENT OF FOREIGN AFFAIRS OVERSEAS
VOTING SECRETARIAT (DFA-OVS) REFERS TO THE
SECRETARIAT BASED AT THE DEPARTMENT OF
FOREIGN AFFAIRS (DFA) HOME OFFICE TASKED TO
ASSIST THE OFFICE FOR OVERSEAS VOTING (OFOV)
UNDER THE COMMISSION, AND TO DIRECT,
COORDINATE AND OVERSEE THE PARTICIPATION OF
HE DFA IN THE IMPLEMENTATION OF THE
OVERSEAS VOTING LAW (OVL):

E. FIELD REGISTRATION REFERS TO THE CONDUCT OF
REGISTRATION OF OVERSEAS 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-OVS.
BOTH BEING OF LIMITED DURATION AND BASED ON
‘THE GUIDELINES PRESCRIBED BY THE COMMISSION
FOR THAT EXCLUSIVE PURPOSE: THE GOVERNMENT

SHALL NOT COLLECT FEES FOR THE SAME.


~ ~ 3

F. MOBILE REGISTRATION REFERS TO THE CONDCCT
OF KEGISTRATION OF OVERSEAS 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;

G. MUNICIPAL/CITY/DISTRICT REGISTRY OF OVERSEAS
VOTERS (ROV) REFER TO THE CONSOLIDATED LIST
PREPARED, APPROVED AND MAINTAINED BY THE
COMMISSION FOR EVERY
MUNICIPALITY/CITY/DISTRICT. OF UVERSEAS
VOTERS WHOSE APPLICATIONS FOR REGISTRATION
AS SUCH, INCLUDING THOSE REGISTEXED VOTERS
UNDER REPUBLIC ACT NO. 5189, “VOTER'S
REGISTRATION ACT OF 1996, WHO APPLIED FOR
CERTIFICATION AS OVERSEAS VOTERS, H ‘VE BEEN
APPROVED BY THE ELECTION REGISTRATION BOARD
AND/OR RESIDENT ELECTION REGISTRATION
BOARD:

JelIL. (National Registry of Overseas [Absentee! Voters (NROW)[ 1

refers to the consolidated list prepared. approved and

maintained by the Commission. of overseas Jabseater} verers
whose applications for registration as OVERSEAS fubsents J

voters, ingluding those registered voters UNDER REPUBLIC


~
i 4

od as fia

ACT NO. $389 who have apphed to be ce

ve been approved ty the RESIDENT

OVERSEAS voters
Election Registration Board INDICATING THE POST
WHERE THE OVERSEAS VOTER IS REGISTH-ED:

1. OFFICE FOR OVERSEAS: VOTING (OFOV) REFERS TO THE
OFFICE OF THE COMMISSION TASKED TO OVERSEE
AND SUPERVISE THE EFFECTIVE IMPLEMENTATION

OF THE OVERSEAS VOTING ACT:

Id. F1Overseas [Absentee] Voter{’] refers to 4 catieen ot
Philippines who is qualified to zogister and sore under this Act.

in the day of

not otherwise disqualified dy law who is abroad
elections;

JalK. *JOVERSEAS [Absentee] Voring|'] refers ro the process by

which qualified citizens of the Philippines abroad exc

their right to vere:

L. POSTS REFER TO THE PHILIPPINE EMBASSI
CONSULSTES. FOREIGN SERVICE ESTABLISHMENTS
AND OTHER PHILIPPINE GOVERNMENT AGENCIES
MAINTAINING OFFICES ABROAD AND HAVING
JURISDICTION OVER THE PLACES WHERE THE
OVERSEAS VOTERS RESIDE:

M. RESIDENT ELECTION REGISTRATION BOARD (RERB)
REFERS TO THE IN-HOUSE ELECTION REGISTRATION
BOARD IN EVERY POST AND IN THE OFOV. WHO

PROCESS. APPROVE OR DISAPPROVE ALL


a

~

5
APPLICATIONS FOR REGISTRATION  AND/OR

CERTIFICATION AS OVERSEAS VOTERS, INCLUDING
DEACTIVATION, REACTIVATION AND CANCELLATION

OF REGISTRATION RECORDS:

| SEAFARERS REFER TO SHIP OFFICERS AND RATINGS

MANNING SHIPS, INCLUDING OFFSHORE WORKERS.
SERVICE PROVIDERS AND FISHERMEN, AS DEFINED
JIN THE REVISED RULES ON THE ISSUANCE OF
SEAFARER’S IDENTIFICATION AND RECORD BOOK OF

THE MARITIME INDUSTRY AUTHORITY;

. SPECIAL BALLOT RECEPTION AND CUSTODY GROUP

(SBRCG) REFERS TO THE GROUP CONSTITUTED BY
THE COMMISSION TO RECEIVE AND TAKE CUSTODY
OF ALL ACCOUNTABLE AND OTHER ELECTION
FORMS, SUPPLIES AND PARAPHERNALIA FROM THE
OFOV FOR TRANSMITTAL TO THE SPECIAL BOARDS
OF ELECTION INSPECTORS AND SPECIAL BOARDS:
OF CANVASSERS:

SPECIAL BOARD OF CANVASSERS (SBOC) REFERS TO
THE BODY DEPUTIZED BY THE COMMISSION TO
CANVASS THE OVERSEAS VOTING ELECTION
RETURNS SUBMITTED TO IT BY THE SPECIAL BOARD
OF ELECTION INSPECTORS:

SPECIAL BOARD OF ELECTION INSPECTORS (SBE)

REFERS TO THE BODY DEPUTIZED BY THE


1

Sec. 4. Section 5 of the same Actis

COMMISSION TO CONDUCT THE VOTING AND
COUNTING OF VOTES:

R. SYSTEM OF CONTINUING REGISTRATION REFERS TO
THE ACT OF ACCOMPLISHING AND FILING OF A
SWORN APPLICATION FOR REGISTRATION AND/OR
CERTIFICATION BY 4 QUALIFIED OVERSEAS VOTER
BEFORE THE PERSONNEL DEPUTIZED BY THE
COMMISSION WITHIN SIX (6) MONTHS BEFORE THE
START OF THE OVERSEAS VOTING PERICL AND OF
INCLUDING THE SAME IN THE NROVY UPON
APPROVAL BY THE RERB; AND .

S$. VOTING PERIOD REFERS TOA CONTINUOUS THIRTY-
DAY (30) PERIOD. THE LAST DAY OF WHICH IS THE
DAY OF ELECTION. INCLUSIVE OF ESTABLISHED
HOLIDSYS IN THE PHILIPPINES AND JF SUCH

OTHER HOLIDAYS IN THE HOST COUNTRIES.”

See. 3. Section 4 of the same Act 15 hereby amerded az follows

“Sec. 4. Coverage. - All citizens of the Philippynes abroad.

who are not otherwise disqualified by Taw, at ice: t eighteen (18)

may vote for P[p]resident

years of age on the day of cl

Vivlice-Plplresident. senators and party-het representa

WELL AS IN ALL NATIONAL REFERENDA AND

PLEBISCITES.”

hereby amended as follows:


7

1 “Sec. 5. Disquatifications. The fclowrmg shali

2 dnsquilified from REGISTERING AND voting under! ..~ Acs

3 ay Those who have lost their Filipino citizensaip in accord

4 with Phatippine laws:

3 b) Those who have expressly renounced ther Phihpp ne

fovea

6 citizenship and who have pledged allegians: <0

° vountry. EXCEPT THOSE WHO HAVE REACQUIRED

8 OR RETAINED THEIR PHILIPPINE CITIZENSHIP
9 UNDER REPUBLIC ACT NO, 9225, OTHERWISE
Ww KNOWN AS THE “CITIZENSHIP RETENTION AND
n REACQUISITION ACT OF 2003”;

oy ©) Those whn have committed and are convicted m a fizal
13 judgment by a PHILIPPINE court or tribunal of un offesise
lt punishable by imprisonment cf not Ean one 11) year

been icund gwity

15 [including those who have commirted ar

¢ defined under Article 137 of the Revised

Is of Disloralty

iy Penal Code} such disabil:ty not having licen removed by

1s plenary pardon or amnesty: Provided, Sowever, That cay
1g person disqualified to vote under this subscetion shal
20 gutomarically acquire the right to vote upon THE expirat or
m of five (5) years afer service of somtence, “ND: [Pros ‘and
2 further, That the Commission may take wgniznce of Goa.

judgments issued by foreign courts or mrihunals caly er The

M basis of reciprocity and subject co the formstisics ead


Provera

J

cogmied

x [ods An immigrant

permanent ri

; as auch in the host country, unless he'shs asvcures. Gpet

idavit prepared for 4

registration. an

on declaring tho: he/she shit re

. Comm)

: physica! permanent residence in the Paviippine
. than three (3) years Som approval of be aer vy

that heshe has

. under vhis Act. Such effdavit shail also =:

try. Fuilare to

pou applied fer citizenship in anot

removil ofthe nme of tbe

rn shall be the cause for

32 immigrant or permanent resident from 1he Nationa! Ri

ual, fieanien Co

of Absentee Voters and bis‘her permanent a

ih vate m1 absentia].

a eo] D. Any citizen of the Phily ines vbroad previ
S PPA

declared insane or incompereat Fy cumipeleas authority br he

the Phibr

or abroad.

Philippines

embassies. consulates or foreign

ned, unless such competent

He sone

1 certifies that such isons

incompetont.”

2h ag draws

tion Gof the same Act is horeby amended ty

See.

“See. Personal Overseas [Absentee] Registration

a4 AND/OR CERTIFICATION. ~ Ist HRIOR AND/OR

as an overseas [8

= CERTIFICATIO®


G
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. §189. otherwise known as the ~The

Voters Registration Act of 1996", may personally apply for

registration with the Eiection Registration Board of the city o:
municipality where they were domiciled immediately prior to thei
departure from the Philippines. ar with the representative of the
Commission at the Philippine embassies, consulates and cthes

foreign service establishments that have jurisdiction over the

locality where they temporarily reside. Subject to the specifi:

guidelines horein provided. the Commission is hereby z uthorized
prescribe additional procedures for overseas absentee registration

t No, 8189, whenever

pursuant to the prov of Repudke J

ration the time zones and 1

applicable, taking into strict cons

various periods and processes herein provided for the proper

implementation of this Act. The embassies, consulates and othe:
foreign service establishmer-ts shall cransmit within (5) days from

receipt the accomplished registration forms to the Commission

on shall coordinate with the Election

after which the Comm:
Officer of the city or rounicipality of the applicant's stated residence
for verification, hearing and annotetion in the permanent list cf

voters

All applications for the May 2004 elections shall be filed


w

ay

uw

10
Ch

than two hundred eighty (25

with the Commission aot

aglendar days before the day of electio For succeeding clections.

ay

the Commussion shall provide for the period within x

applications to er must be filed

ers, the Commission shall provide a special

In the case of se

mechanism for the time and manner of personal registration taking
into consideration the nature of their work
6.1. Upon recoipt of the application for registrasion the

chali immediately set the application for ‘nearing.

Election Office

the notice of which shal’ be posted in a coaspicuvus piace in the

d

at

premises of the city or municipal building of the applicant's
residence for at least ong (1) week before the date of the hearing.

The Election Officer shai immedietely furnish a copy of He

application to the designated representatives of political parties and
other accredited groups
6.2. If no verified objection to the applicetion is fled. che

forward the applicution to the

Election Officer shall immeanat

ail decide on the application

Election Registration Board. whick
within one (1) week from the date of hearing withows walCnE for the
quarterly meeting af the Board. The applicant shall be notified of

the approval or disapproval of bis her application by registered

mail.
6.3, In the event that an objection to the eppheation 1 Eled

0 Officer shall: nevify

pricy Lo or on the dare of hearing. the Elects

the applicant of said cbjection by registered mail, enclosing therein


or iscuments submitted

es at affiday

pphe

enen Officer. ifs:

A othe said El

tection Med w

counior-affidavit oy yegistered mest

sball have the right to fite ki

and defenses sworn

rly stating therein 24.1

the host country authorizee ts administer oaths

6.4. The application shall be approved or di. appreved bas

er-affidavir und doeumer =

on the merits of the objection. cou

submitted by the party objecting and those of the spplicant

A Certificate of Registration as an overs

voter shall be issued by the Commission 10 all applicants wh:
applications have been approved. including hus fied as
registered voters, The Commission shall ine! adi appressed

applications in the National Registry of Absentee Voters.

6.6. If the agptication has been approved. any

a

party may file @ petition for exclusion not later than cwo bur

ith the

sy raunie:s 4

ten (210) days before the day of elections orog

trial ccurt. The petitien shail he decited w:

oe metroy

alter irs fikng on the basis cf the docu:

Should the esurt fais ti render e

submited in connection :herewith.

eriod, the cuhing cf Uae Elestion

ieeision within the prescribed p

ration Board

Reais

the appleation has been disappre ed ube 6

GT.

isis authorized represencaive shall within a peviod oF ive

have the rit

from receipt of tae note f diseppr

tation for inclusion with the proper munisy<d



See. 6.

~

~ b
trial court, The petition shall be decided within fve (iy days

ite filmg on the basis cf dueument: submitted in, connection
therewith,

he Phibppines abroad. who have

Qualified citizens

stered as voters pursuant tv Republic Act No. $189

previously

chal apply for certification as absentee voters and for mnelusion in
the National Registry of Overseas Absentee Voters, with 4
corresponding annotation in the Certified Voters’ List]

FIELD AND MOBILE REGISTRATION CENTERS
SHALL BE SET UP BY THE POSTS CONCERNED TO
ENSURE ACCESSIBILITY BY THE OVERSEAS VOTERS.

ALL APPLICANTS SHALL SUBMIT THEMSELVES
FOR LIVE CAPTURE OF THEIR BIOMETRICS.

REMOTE REGISTRATION MAY ALSO BE ALLOWED
BASED ON GUIDELINES AND PROCEDURES TO BE
DETERMINED BY THE COMMISSION: PROVIDED. THAT
THE APPROPRIATE TECHNOLOGY SHALL BE ADOPTED
TO ENSURE ADEQUATE SECURITY AND VOTER
AUTHENTICITY.

THE COMMISSION SHALL ISSUE AN OVERSEAS
VOTER IDENTIFICATION CARD TO THOSE WHOSE
APPLICATIONS CO VOTE HAVE BEEN APPROVED.

‘A new Section 7 is hereby inserted to read as follews:
“SEC. 7, RESIDENT ELECTION REGISTRATION BOARD

(RERB); COMPOSITION, DISQUALIFICATIONS AND


~ _

13
1 COMPENSATION. . THE RERB SHALL BE A THREE (3)

2 MAN BOARD COMPOSED OF: A) A CAREER OFFICIAL OF
3 THE DEPARTMENT OF FOREIGN AFFAIRS (DFA) AS
i CHAIRPERSON: B) THE MOST SENIOR OFFICER FROM
3 THE DEPARTMENT OF LABOR AND EMPLOYMENT
6 (DOLE) OR ANY GOVERNMENT AGENCY OF THE

PHILIPPINES MAINTAINING OFFICES ABROAD AS

a MEMBER; AND C} A REGISTERED OVERSEAS VOTER OF
g KNOWN PROBITY. AS MEMBER.

w IN CASE OF DISQUALIFICATION OR NON-
iat AVAILABILITY OF THE MOST SENIOR OFFICER FROM
n THE DOLE OR ANY GOVERNMENT AGENCY OF THE
u PHILIPPINES MAINTAINING OFFICES ABRCAD, THE
id COMMISSION SHALL DESIGNATE A CAREER OFFICLAL

FROM THE EMBASSY OR CONSULATE CONCERNED.

THE RERB IN MANILA SHALL HOLD OFFICE IN THE

Vv MAIN OFFICE OF THE COMMISSION IN FNTRAMUROS.

18 MANILA. THE RERB SHALL BE COMPOSED OF ANY
19 SENIOR OFFICIAL OF THE COMMISSION ON ELECTIONS
20 AS THE CHAIRPERSON AND THE TWO (2) OTHER
21 MEMBERS SHALL BE FROM THE DFA AND THE DOLE,
2 WHOSE RANK SHALL NOT BE LOWER THAN A DIVISION
3B CHIEF OR ITS EQUIVALENT.

a4 7.1. DISQUALIFICATION OF MEMBERS OF THE

3 RERB., - NO MEMBER OF THE RERB SHALL BE RELATED


1

ut

~

14
TO FACH OTHER OR TO THE INCUMBENT PRESIDENT.

VICE-PRESIDENT OR SENATOR OF THE PHILIPPINES OR

ANY INCUMBENT MEMBER OF THE HOUSE OF

REPRESENTATIVES REPRESENTING THE PARTY-LIST

SYSTEM OF REPRESENTATION, WITHIN THE FOURTH

CIVIL DEGREE OF CONSANGUINITY OR AFFINITY.

7.2 COMPENSATION OF THE MEMBERS OF THE

RERB - EACH MEMBER OF THE RERB SHALL BE

ENTITLED TO AN HONORARIUM AT RATES APPROVED

BY THE DEPARTMENT OF BUDGET AND MANAGEMENT

@BM).”

Sec. 7. A new Section 8 is hereby inserved te read as follows:

“SEC. 8 DUTIES AND FUNCTIONS OF THE RERB. - THE
RERB SHALL HAVE THE FOLLOWING DUTIES AND
FUNCTIONS:

A. POST IN THE BULLETIN BOARDS OF THE EMBASSY
OR CONSULATES OR AT THE OFFICE OF THE OFOV, AS THE
CASE MAY BE, AND IN THEIR RESPECTIVE WEBSITES, THE
NAMES OF THE APPLICANTS AND THE DATES WHEN THEIR
APPLICATIONS SHALL BE HEARD, AS WELL AS THE PLACE
WHERE THE RERB WILL HOLD ITS HEARING:

B. NOTIFY, THROUGH THE OFOY. ALL POLITICAL
PARTIES AND OTHER PARTIES CONCERNED OF THE
PENDING APPLICATIONS THROUGH A WEEKLY UPDATED

PUBLICATION IN THE WEBSITE OF THE COMMISSION;


~ ~

C. ACT ON ALL APPLICATIONS RECEIVE):

D. NOTIFY ALL APPLICANTS. WHOSE APPL.CATIONS
HAVE BEEN DISAPPROVED. STATING THE REASONS FOR
SUCH DISAPPROVAL:

E. PREPARE A LIST OF ALL APPROVED APPLICATIONS
DURING EACH HEARING AND POST THE SAE BULLETIN
BOARDS OF THE EMBASSY OR CONSULATES OR AT THE
OFFICE OF THE OFOV. AS THE CASE MAY BE. AND IN THEIR
RESPECTIVE WEBSITES:

F. DEACTIVATE THE REGISTRATION RECORDS OF
OVERSEAS VOTERS; AND

G. PERFORM SUCH OTHER DUTIFS AS MAY BE
CONSISTENT WITH ITS FUNCTIONS AS PROVIDED UNDER

THIS ACT.”

ried to read as foiksws:

See, & A new Section 9 is hereby in
“SEC. 9. PETITION FOR EXCLUSION, MOTION FOR
RECONSIDERATION, PETITION FOR INCLUSION -

#1. PETITION FOR EXCLUSION, - IF THE
APPLICATION HAS BEEN APPROVED. ANY INTERESTED
PARTY MAY FILE A PETITION FOR EXCLUSION NOT
LATER THAN ONE HUNDRED RIGHTY (180) DAYS
BEFORE THE START OF THE. OVERSEAS VOTING PERICD
WITH THE PROPER MUNICIPAL / METROPOLITAN TRIAL

COURT, IN THE CITY OF MANILA OR WPERE THE


~ ~ 16

OVERSEAS VOTER RESIDES IN THE PHILIPPINES, 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 OVERSEAS VOTING PERIOD. SHOULD THE COURT
FAIL TO RENDER A DECISION WITHIN THE PRESCRIBED
PERIOD, THE RULING OF THE RERB SHALL BF
CONSIDERED AFFIRMED.

9.2. MOTION FOR RECONSIDERATION, - UF THE

APPLICATION HAS BEEN DISAPPROVED, THE
APPLICANT OR THE AUTHORIZED REPRES: NTATIVE
SHALL HAVE THE RIGHT TO FILE A MOTION FOR
RECONSIDERATION BEFORE THE RERB WITHIN A
PERIOD OF FIVE (5) DAYS FROM RECEIPT OF THE
NOTICE OF DISAPPROVAL. THE MOTION SHALL BE
DECIDED WITHIN FIVE (5) DAYS AFTER ITS FILING ON
THE BASIS OF DOCUMENTS SUBMITTED. THE
RESOLUTION OF THE RERB SHALL BE IMMEDIATELY
EXECUTORY, UNLESS REVERSED OR SET ASIDE BY THE
COURT.

9.3, PETITION FOR INCLUSION. - WITHIN TEN (10)
DAYS FROM RECEIPT OF NOTICE DENYING THE MOTION

FOR RECONSIDERATION. THE APPLICANT MAY FILE A


“a

w

~ ~ 37

PETITION FOR INCLUSION WITH THE PROPER
MUNICIPAL / METROPOLITAN TRIAL COURT. IN THE
CITY OF MANILA OR WHERE THE OVERSEAS VOTER
RESIDES IN THE PHILIPPINES. AT THE OPTION OF THE
PETITIONER.

THE PETITION SHALL BE DECIDED ON ‘THE BASIS

OF THE DOCUMENTS SUBMITTED WITHIN FIFTEEN (151

DAYS FROM FILING. BUT NOT LATER THAN ONE
HUNDRED TWENTY (120) DAYS BEFORE THE START OF
THE OVERSEAS VOTING PERIOD, SHOULD THE COURT
FAIL TO RENDER A DECISION WITHIN THE PRESCRIBED
PERIOD, THE KERB RULING SHALL BE CONSIDERED
AFFIRMED.

QUALIFIED PHILIPPINE CITIZENS ABROAD WHO
HAVE PREVIOUSLY REGISTERED AS VOTERS PURSUANT
TO REPUBLIC ACT NO. 8189. OTHERWISE KNOWN AS THE
“VOTERS REGISTRATION ACT OF 1996” SHALL APPLY
KOR CERTIFICATION AS OVERSEAS VOTERS AND FOR
INCLUSION IX THE NROV. IN CASE OF 4PPROVAL. THI:
ELECTION OFFICER CONCERNED SHALL ANNOTATE
THE FACT OF REGISTRATION/CERTIFICATION AS
OVERSEAS VOTER BEFORE THE VOTER'S NAME AS
APPEARING IN THE CERTIFIED VOTERS LIST AND IN

THE VOTER'S REGISTRATION RECORDS.”


See. 9. A new Section Mis hereby inserted to read

~ ~ “8

follows:

“SEC.10. TRANSFER OF REGISTRATION RECORD. -
IN THE EVENT OF CHANGE OF VOTING VENUE, AN
APPLICATION FOR TRANSFER OF REGISTRATION
RECORD MUST BE FILED BY THE OVERSEAS VOTER
WITH THE OFOV, THROUGH ITS CHAIRPERSON, AT
LEAST ONE HUNDRED EIGHTY (180) DAYS PRIOR TO THE
START OF THE OVERSEAS VOTING PERIOD: PROVIDED,
THAT THOSE WHO WOULD EVENTUALLY VOTE IN THE
PHILIPPINES SHOLLD 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 GR DISTRICT WHERE THEY RESIDED . RIOR TO
THEIR DEPARTURE ABROAD NEED NOT REGISTER
ANEW, PROVIDED: FINALLY, THAT TRANSFEREFES SHALL
NOTIFY THE OFOV, THROUGH ITS CHAIRPERSON, OF
THEIR TRANSFER BACK TO THE PHILIPPITES AT LEAST
ONE HUNDRED EIGHTY (180) DAYS PRIOR TO THE NEXT
NATIONAL ELECTIONS FOR PURPOSES OF CANCELLING
THEIR NAMES FROM THE CLOV AND OF REMOVING

THEIR OVERSEAS VOTER’S REGISTRATION FROM THE

BOOK OF VOTERS”.


~~ —

19
2 See. 10, Section 7 of the = Act is hershy renumbered .~ Steir 7!
a nce amended ro read as toliows:
S “Ss 7] 1.— System of Continuing Registration Bt

wall #

+ Commission re that the benefits of she -pstem

n are extended ta quitfied (verssas

= contanuing  registrat
Jabsentoe} voters. REGISTRATION SHALL CO™IMENCE NOT
~ LATER THAN SIX (6) MONTHS AFTER THE CONDUCT OF

Yoward~ this end, the

~ THE LAST NATIONAL ELECTIONS.

ail BE AUTHORIZED TO UTILIZI: AND

ng facilities. personnel and the:

the use of exis

various government azencies for purposes of data cathe:
xn [data] validation. information dissemination and f-:tstacion of he
is registration proce

Predzparture ORJENTATION SEMINARS [yy

offered and aden:1usi

ang mechanisD:

(PHOS), service

Departement «i

gn

Department of Fo:

v Employment, Phifippine Overseas Employment

a Overs¢ Workers Welfare Administration, Commission oa

Filipinos Qverseus ané BY other appropriate : sencies oF the

2 government AND PRIVATE AGENCIES PROVIDING THE
= SAME SERVICES SBALL INCLUDE TE SALIENT
= FEATURES OF THIS ACT AND shat! be utilize so

[absentee] registrati »

3 supporting the over

processes. suhjeer to SYSTEMS Limisations AND THOSE imp

by law,


8

°

10

~ ~ 20
ALL EMPLOYMENT CONTRACTS PROCESSED AND

APPROVED BY THE PHILIPPINE OVERSEAS

EMPLOYMENT ADMINISTRATION SHALL STATE THE

RIGHT OF MIGRANT WORKERS TO EXERC1.E THEIR

CONSTITUTIONAL RIGHT OF SUFFRAGE WITHIN THE

LIMITS PROVIDED FOR BY THIS ACT.”

See. 11. Section 8 of the same Act is hereby renumbered

12 and

is amendeé to read as follows:

“Sec. {8] 12. Requirements for Registration. - Every

Filipins registrant shall be required to furnish the following

documents:

al

‘A valid Philippine passport. In the chsence of a valid

passport, a certificarion of rhe Department of Forcign Aft
that it has reviewed he appropriate documents submitted by
the applicant and HAS ound them sufficient to warrant the

issuance of a passport, or that the applicant 1s a heldex of a

valid pasaport bur 1s unabie to produce the same for a valid

reason:

Accomplished registration form — preser

Commission, AND: feontayning the following ma

information:

i. Last known residence of the applicant in the. Phihpyan

before leaving for abroad:


x

Cc)

— ~ 2.

+ otroad, or forwarding address in Ure

ii, Address of apy

case of seadarers:

iii, Where voting by mad is alowed, the appheant’s mailing

address outside the Philrpines where the ballot for absentee

voters will be seat. in proper cases: and;

iv. Name and address of applicant's authorized
representative in the Philippines for purposes of Section 6.

and Section 12 hereof.

In the case of immigrants and permanent residents not
otherwise disqualified co vore under this Act, an affidav:
declaring the intention to resume actual physical permanen:
yesidence in the Philippines not later than three (3) years
after approval of his/her registrarion as an overseas absentec
voier under vhis Act. Such affidavit shall also sate tha:

izenship in another country]:

he‘she has not applied for ©

ORIGINAL OR CERTIFIED TRUE COPY OF THE
ORDER OF APPROVAL ON THEIR APPLICATION TO
RETAIN OR REACQUIRE THEIR FILIPINO
CITIZENSHIP ISSUED BY THE POST; OR FOR
APPLICANTS WHO AVAILED THEMSELVES OF THE
CITIZENSHIP RETENTION AND REACQUISITION

ACT (RA 9225), THEIR (DENTIFICATION


2
1 CERTIFICATE ISSUED BY THE BUREAU OF

= IMMIGRATION.

The Commission may c require additional data tc

4 facihtate registranon and recording. No information other than

y and qualification of the

those necessary to #etabili ne iden

6 applicant shuit be required,

o ALL APPLICATIONS FOR REGISTRATION AND/OR

8 CERTIFICATION AS AN OVERSEAS VOTER SHALL BE
9 CONSIDERED AS APPLICATIONS TO VOTE OVERSEAS.
10 AN OVERSEAS VOTER IS PRESUMED TO BE ABROAD
Hh UNTIL THE OVERSEAS VOTER APPLIES FOR TRANSFER
2 OF ONE'S REGISTRATION RECORDS OR REQUESTS TO
n BE DELETED FROM THE NROV.”

H Sec. 12. Secticn 9 of the same Act is Aereby renumbered as Section 13

15. and is #-tended to read as foliows’
io “Sec. {9} 13. National Registry of Overseas [Avseniee]

TT Voters (NROV). — The Comm ‘hall maintain a Nationa:

Registry of Overseas [Absentee] Voters OR NROV

w CONTAINING THE NAMES OF REGISTERED OVERSEAS
zal VOTERS AND THE POSTS WHERE THEY ARE
a REGISTERED. [Approved a rons of overseas absentee

din the permancat lis: of voiers

gistranty shall alsu be

2 of the city or municrpality where the registrant is domiciled, with

» that such person has beea

24 the corresponding annotats


23

i registered or wil] be voring az an ove absentee voter. T

2 registry shal! also include those reg-stered under Rej ablic Act

3 No. 8189 and who bave heen issued certifications as overs

4 absentee voters. The entries in the National Registry of Overseas

3 Absentee Voters and the annotations as overseas absentee voters

6 in the Certified Voters’ List shall be permanent, and ¢annot be

7 cancelled or amended except in any of the following cases

8 9.1. When the overseas absentee voter files a letter under oat
9 addressed to the Commission tha: he/she wishes to be removed fror:
20 the Registry of Overseas Absentee Voters, or that his/her nanie

u transferred to the regular reg:stry of voters: or.
12 9.2. When an cverseas absentee voter's name was ordered
B removed by the Commission from the Registry of Overseas Absente
u Voters for his/her failure to exercise hivwher right to vote under this
15 Act for two (2} consecutive national elections ]

16 LIKEWISE. THE COMMISSION SHALL MAINTAIN A
Vv REGISTRY OF VOTERS (ROV) PER MUNICIPALITY, CITY
18 OR DISTRICT CONTAINING THE NAMES OF REGISTERED
vp OVERSEAS VOTERS DOMICILED THEREIN. THE
x COMMISSION SHALL PROVIDE EACH AND EVERY
a MUNICIPALITY, CITY OR DISTRICT WITK A COPY OF

THEIR RESPECTIVE ROVs FOR THEIR REFERENCE.”

seried in read as follows:

3B Sec. 13. Anew Section 14 is here!

"SEC.14, DEACTIVATION OF REGISTRATION, - THE

RERB SHALL DEACTIVATE AND REMOVE THE



24
REGISTRATION RECORDS OF THE FOLLOWING

PERSONS FROM THE CORRESPONDING BOOK OF
VOTERS AND PLACE THE SAME, PROPERLY MARKED
AND DATED, IN THE INACTIVE FILE AFTER ENTERING
ANY OF THE FOLLOWING CAUSES OF DEACTIVATION:

A) ANY PERSON WHO HAS BEEN SENTENCED BY
FINAL JUDGMENT TO SUFFER IMPRISONMENT FOR NOT
LESS THAN ONE (1) YEAR, SUCH DISsBILITY NOT
HAVING BEEN REMOVED BY PLENARY PARDON OR
AMNESTY: PROVIDED, HOWEVER, THAT ANY PERSON
DISQUALIFIED TO VOTE UNDER THIS P48AGRAPH
SHALL AUTOMATICALLY REACQUIRE THE RIGHT TO
VOTE UPON THE EXPIRATION OF FIVE (5) YEARS AFTER
SERVICE OF SENTENCE, AS CERTIFIED BY THE CLERKS
OF COURTS OF THE MUNICIPAL / MUNICIPAL ‘CERCUIT /

METROPOLITAN / REGIONAL TRIAL COURTS AND THE

SANDIGANBAYAN;
B) ANY PERSON DECLARED BY COMPETENT

AUTHORITY TO BE INSANE OR INCOMPETENT, UNLESS
SUCH DISQUALIFICATION HAS BEEN SUBSEQUENTLY
REMOVED BY A DECLARATION OF A PROPER
AUTHORITY THAT SUCH PERSON IS NO LONGER INSANE

OR INCOMPETENT;


() ANY PERSON WHO DID NOT VOTE IN TWO &
CONSECUTIVE NATIONAL ELECTIONS AS SHOWN BY
VOTING RECORDS, AND

D) ANY PERSON WHOSE REGISTRATION HAS BEEN
ORDERED EXCLUDED BY THE COURTS.

THE FACT OF DEACTIVATION SHALL BE ANNOTATED IN THE
NROV AND THE CORRESPONDING ROV.”
Sec. #4, Section 10 of the same Act is hereby renumbere das Section 15,

“Si i[0]5. Notice of Registration and Election. Th:

nsulates aad other forergs

Commission shall, through the embassi

sblishments, esuse the pubh:cation in a newspaper of geaers!

service

cireutation of the pluce, date and time of rhe holding of a regular or
special national election and the requirements for the

cualified vitivens of the Phihppines abroad, at least six 16:

the date set for the filing of applicarions for registration

The Commission shal! determine the countries where

shalt be made, and the frequency thereof, taking inte ¢ wnsidera’

number of overseas Filipmos present m such countrivs
Commission and the Department of Foreign Affairs shall post ihe samy
in their respective weisites.”

See 45. Sections 1] and 12 of the same Act are hereby deleted.

[Sec. 11. Procedure for Application to Vote in Absentia. -

11.1. Every qualified cizen of the Philippines ehvoad whose

inclu.

application [br registration has been approve

RIM 3

prewuusly segistered under Republic Act No.


&

9

Y
“ 26

national clection, file with the offcer of the ems

nakment authorized by the Ce

other foreiga

vice ©

Commission. The authorized officer of such emdii.~

shall ivansmit tc the

other foreign service establi

from

Commissiun the said application to-vote within five (3)

receipt thereof ‘The applica:ion form shall be uccomplished m

uiplicate and submitted together with the photocopy of hisher

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 ur foreign
service establishment, which bas jurisdiction over Une country
where he/she has indicated histher address for purposes of the
elections.

11.3. Consular and diplomatic servics rendered in

shall be

connection with the overseas absentce young proces
made available at no cost to the overseas abscenier voter.
Sec. 12, Verification and Approval of Application to

shal! be acted upon by the Commission upon

Vote. - All applicatso

receipt thereof, but in ne case later than one bundred fifty 159)

days before the day of elections. In the event of disapproval of
application, the vorer or his authorized represertativ nay file a

Motion for Reconsideration with che Commission personaliy. ot by

s from recert of the novice of

registered mail, within ten 10

disapproval. ‘The Commission shall act within five (21 days from


w

_ ~ ~
a7
yeceipt of such Motion for Reconsideration and shall mmediate vy

sion shail

notify’ the voter of 218 decision. The decision of the Commi

be final and exccutory,

ssue an overseas absentee voter

identification card to those whose applications to vote have been
approved.]
Sec. 16. A new Section 16 of the same Act is hercby inserted 13 read as
follows:

“SEC. 16. REACTIVATION OF REGISTRAT. ON. - ANY
OVERSEAS VOTER WHOSE REGISTRATION HAS BEEN
DEACTIVATED PURSUANT TO THE PRECEDING SECTION
MAY FILE WITH THE RERB AT ANY TIME. BUT NOT
LATER THAN ONE HUNDRED TWENTY (120) DAYS
BEFORE THE START OF THE OVERSEAS VOTING
PERIOD, A SWORN APPLICATION FOR REACTIVATION
OF REGISTRATION IN THE FORM OF AN AFFIDAVIT
STATING THAT THF GROUNDS FOR THE DEACTIVATION
NO LONGER EXIST.”

See. 17. A new Section 17 of the same Act is hereby inserted to read as

follows:

7. CANCELLATION OF REGISTRATION, - THE

“SEC.

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


28
1 WHO HAVE BEEN PROVEN TO HAVE LOST THEIR
2 FILIPINO CITIZENSHIP.”

See. 13. A new Section 18 of the same Act is hereby inserted to read as

4 follows

5 "SEC, 18, VOTERS EXCLUDED FROM THE NROY

6 THROUGH {NADVERTENCF, - ANY REGISTERED

r OVERSEAS VOTER WHOSE NAME HAS BEEN

8 INADVERTENTLY OMITTED FROM THE NROV MAY.

9 PERSONALLY OR THROUGH AN AUTHORIZED
10 REPRESENTATIVE, FILE WITH THE COMMISSION OR
1 WITH THE POST EXERCISING JURISDICTION OVER THE
12 VOTER'S RESIDENCE, AN APPLICATION UNDER OATH
B FOR REINSTATEMENT NOT LATER THAN ONE AUNDRED
MW TWENTY (120) DAYS BEFORE THE START OF THE VOTING
15 PERIOD.”
lo Sec, 19. A new Section 19 of the same Act is hereby inserted to read as

ws

18 “SEC. 19 APPLICATION FOR CORRECTION OF
19 ENTRIES AND CHANGE OF NAME, - WITHIN NINETY (90)
ei DAYS BEFORE THE START OF THE VOTING PERIOD, ANY
aay REGISTERED VOTER MAY FILE WITH THE OFOV. OR
= WITH THE POST HAVING JURISDICTION OVER THE
Pa VOTER’S RESIDENCE, AN APPLICATION UNDER OATH
a4 FOR THE CORRECTION OF MISSPELLED NAME OR

35 OTHER ENTRIES: CHANGE OF NAME: BY REASON OF


~ - 29

1 MARRIAGE. DEATH OF HUSBAND, OR BY VIRSUE OF *
2 COURT ORDER; AND/OR CHANGE OR CORRECTION OF
3 ANY ENTRY IN THE NROV, CLOV AND THE VOTER’S IDS.”

as Section 20

+ See. 20. Section 18 of che same Act is

5 and is amended to read as follows:

6 “Se0,[13} 20 . Preparation and Posting of Certified List
7 of Overseas [Absentee] Voters. - The Commission prepare
8 the Certified List of [Absentee] Overseas VOTERS OR CLOV
9 [within onc hundred twenty :120)} NOT LATER THAN NINETY
aw (90) days before [every election] THE START OF THE
i OVERSEAS VOTING PERIOD, and furnish within the seme

period ELECTRONIC AND HARD copics thereof? to “he

B appropriate POSTS Jembascies, cunsulates and other feregn
T) cervice establishments]. which shall post the same ia their builtin
i boards AND/OR WEBSITES within ten (19) days rem pt
Te thereof.

Ir Subject to reasonable regulation and the paymem of fees in
1s euch amounts as may be fixed by the Commistivn. the candids

w political parties. accredited citizens’ arms AND als other tatere-ted
0 persons [and all emb: consulates and oflie, foreign service
2 establishments] shall be furnished copies thercoft:]: PROVIDED.
aa THAT, NON-GOVERNMENTAL ORGANIZATIONS AND
3 OTHER CIVIL SOCIETY ORGANIZATIONS ACCREDITED
ae BY AND WORKING WITH THE COMMISSION AS

35 PARTNERS ON OVERSEAS VOTERS’ EDUCATION AND


—_ —
30

: PARTICIPATION SHALL BE EXEMPT FROM THE
: PAYMENT OF FEES.
3 See. 21. Saction 14 ef the same Act is hereby renumbernd as Section 21

4 and ‘s amended to read aa follows:

“Sec. [14] 24. Printing and Transmittal of Baitots,

Voting Instructions, Election Forms and Parapheraalia. -

7 [4.2] 21.4. The Commission shall cause the printing of
8 ballots for overseas Jabsentee] voters, [voting instru.tions} and
2 ALL OTHER ACCOUNTABLE election forms in such number as
wo may be necessary. but in no case shall [it] THESE exceed the tozal
u mumber of approved applications. Security markings sall be used
2 in the printing of ballots for overseas [absentee] voters

3 [14.2]21.2. The Commission shall present to the ausherized
1 representatives of the Department of Foreign Affairs and OF che
5 accredited major political partis the ballots for overseas [absentee]
i6 yoters, voting instructions. election forms and other election
iad paraphernalia for scrutiny and inspection prior +» their iransmaittal
ww to the POSTS femba: <, consulates and other foreign service
Ww establishments concerned].

nN {14.3]21.8. Tre Commission shall TRANSMIT. AS FAR AS
= PRACTICABLE BUT not later than FORTY {seventy

2 (45) days BEFORE the day of elections, ftransmn} by special
a3 pouch to [the) ALL POSTS [embassies co:sulates and other
ad foreign service establishments] the exact number of baliote for

5 overseat Jubsentoc} voters corresponding to the number vfappraved


~~ ~ a

31
3 appleauons. along with such and een
2 paraphernalia} ACCOUNTABLE FORMS nes:
2 integrity of the clection.
4 [24.4]21.4. The authorized representatives of accredited
3 major politic the right tc be present in all
e phases of printing. transmittal and casting o! MAILED ba
: abroad, (Unclaimed ballets properly marked as such. shall be
& cancelled and shipped to the Commission Fy the sast eo-tly
2 method.]"
13 Sec. 22. Section 15 of the same Act is hereby renumbe ved as Seencr 22
a and is amended to read as follows:
i “Gee, [15] 22. Regulation on Campaigning Abroad. -
a PERSONAL CAMPAIGNING, [T]The use of campaigr: mazer-ils.
i as well as the limits on campaign spending shall be governed by the
15 laws and regulations applicable in the Philippines AND TO THE
te EXTENT ALLOWED BY THE LAWS OF HOST COUNTRIES:
i PROVIDED, THAT. ALL FORMS OF CAMP. ALIGNING
a ABROAD WITHIN THE THIRTY-DAY (30) OVERSEAS
19 VOTING PERIOD SHALL BE PROHIBITED.”
2 Sec, 23. A new Section 23 of the same -Act is hereby ins ted to read a~

2 “SEC, 23. VOTING. - VOTING MAY BE DONE EITHER

PERSONALLY. BY MAIL, OR BY ANY OTHER MEANS AS

uM MAY BE DETERMINED BY THE COMMISSION. FOR THIS

PURPOSE, THE COMMISSION SHALL ISSUE THE



SEC. 24. Section 16 of the same Ast is

~
32

ON THE MaNNEK AND

NECESSARY GUIDELIN
PROCEDURES OF VOTING.

THE OFOV, IN CONSULTATION WITH DFA-OVS.
SHALI, DETERMINE THE COUNTRIES WHER* 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 COUNTRYS APPLIED SYSTEM AND SUCH OTHER
CIRCUMSTANCES THAT MAY AFFECT THE CONDUCT OF
VOTING.

THE COMMISSION SHALL ANNOUNCE THE
SPECIFIC MODE OF VOTING PER COUNTRY/POST AT
LEAST ONE-HUNDRED TWENTY (120) DAYS BEFORE THE

START OF THE VOTING PERIOD.”
2d

wv renumbervd as

Taended ta read as follows:

“Sec. [16] 24. PERSONAL VOTING, - Casting and 3 .tm:

Ballors,

2d otfiver of the

[16.1] 24.2 Upon cecerpr [hy che designat

estublishments} of ©

embassy, consulave and other foreign servic

ballots for overseas ubsemtee} voters ND OTHER

UNTABLE FORMS. VOTING MACHINES AND OTHER

voters

HARDWARE AND SOFTWARE. [for oversea= sh:


~ ~ 33

voting instructions, election forms and other paraphernalia) THE

SBRCG fhe'she] shall mske [them} THESE available on ihe

premiscs to the qualified overseas fabsentec] vorces in their

fore the day

respective jurisdictions (during the thirty (30) da
alections when overscas absemwe voters may cast their vou

Immediate'y upon receiving 1:. the overseas absentee voter must
fill-out his‘her ballot personaily, in secret, with mt leaving th?

consulates, and other Foreign Servic+

premises of the embas:
establishmenrs concerned] DURING THE THIRTY-DAY (30)
VOTING PERIOD.

THE COMMISSION SHALL CONSTITUTE AS MANY
SBRCGs AS MAY BE NECESSARY TO RECEIVE AND TAKE
CUSTODY OF ALL ACCOUNTABLE AND OTHER
ELECTION FORMS, SUPPLIES AND PARAPHERNALLA

FROM THE OFOYV FOR TRANSMITTAL TO THE SBEIs AND

TO THE SBOC. 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 SBEIs 45 MAY BE NECESSARY TO CONDUCT
AND SUPERVISE THE VOTING AND CUUNTING OF
VOTES.

EACH SBEI SHALL BE COMPOSED OF A

CHAIRPERSON, DESIGNATED AS SUCH BY THE


~ we 4

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 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 SBE! 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 hisiker baliot at the embassy. consulate or other foreign
service establishment that has jurisdicvion over the country where

he/she temporarily resides or ar any polling place designated and

accredited by the Commission}
{16.3}. 24.3, [The] AN overseas [absentee] voter shall cast
his/her [ballot] VOTE. upor. presentation of the [abseatee] voter

identification card issued by the Commission OR SUCH OTHER


~ ~ 5

DOCUMENTS DEEMED BY THE SBEI AT THE POST AS
SUFFICIENT TO ESTABLISH THE VOTER’S ‘DENTITY

the day of elections. In the case of

[withia thirty (30: days
seafarers, they shall cast their ballots anytime within sixty «th

days before the day of elections as prescribed in the Implementing

Enns eo —
ena

§

g

10

[16.4] 24.4. All accomphshed ballots received shall be plac-d

IN sealed containers and kept in a secure place designated by
Commission.

(16.5] 24.5. The SBRCG [embassies consulates and other
foreign service establishments concerned) shall keep a compleze
record of the ballots for overscas [absentee] voters, specificaly
indicating the number cf dailots [they] actually received [, and in
cases where voting by mail is allowed under Section 17 hercof. rh:

names and addresses of the voters to whom these ballots were scay

INET TH «
1D including proaf of receipt thereof}. In prnitartie As Ws is 6m aeemneees .

(80) DAYS FROM THE DAY OF ELECTIONS the SBRCG

lembassics, consulaies and other foreign service estab
shall submit 4 forma! report to the Commission and TO the Join:

© ercated under this Act. [within

Congressional Oversight Com

of elections] Such repurt shal contain

shirty (30) days from the

t and reccived by the offices. +h.

ts

data on the number cf bal!

number of invalid and unclaimed ballots and other perunent daca
24.6 BEFORE THF START OF THE COUNTING, ALI.

UNTED FOR AND

UNUSED BALLOTS SHALL BE Acco


rs)

uw

~ ~~ 36
DISPOSED OF APPROPRIATELY BY THE CONCERNED

POSTS, WITH THE CORRESPONDING FORMAL REPORT
OF SUCH FACTS TRANSMITTED TO THE COMMISSION.

[16.6. The overseas adsentee voter shall be instructed that

jal

his/her ballot shall not be counted :f it is not inside the spe’

st.

envelope furnished him/her when it is

16.7. Ballots not claimed by the overseas absentee voters at

the embassies, consulates and other forcign service establishments

tang, and ballors returned to the emb:

in case of personal ¥

consulates and other coreign service establishments concerned, in

the case of voting by mail, shall be cancelled and sh'sped to the
Commission by the Jeast costly method within six (6) months from

the day of elections}

[16.8] 24.7. Only balic

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 contain-ng 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. monthe from the day of elections}

AT OR BEFORE THE CLOSE OF VOTING ON THE DAY OF

ELECTIONS SHALL BE COUNTED.


~ ~ 7

(16.9. A Speaai Ballot Recepuon ia rs
composed of three 13+ members shali be :oastitut by ihe
Commission fom among the staff of the embas: and
other fore service establishments—concernic, ine! their
attached agencies, and citizens of the Phihppihes abroad. who will

be deputized 10 receive ballots and take cu-tody of the sme
preparatory to their transmittal t the Special Board: of Election

Inspectors.]

se of she

[16.10] 24.8. During THE VOTING. frhis ph

election process} the authorized representatives of political parices.

candidates, and accredited vitizens' arms of the Commission shall be

notified THEREOF in writing {chercof] and shail have the rigl
witness the proceedings

[16.2.1 The Commission shall study the use of clectrenic

ane

mail. Internet. or other secured networks in the casting of vores.

submit a repors thereon to the Joint Congressional Over

Committe

r

Section 25

See. 25. Section 17 of the same Act is herehy renumbers<

and is amended to read as follows:

Sec, [17] 25. Voting by Mail. - MAING AND

SUBMISSION OF BALLOTS.

[17.1.For the May, 20€4 eiections. the Comm

authorize voting by mail if not core than

subject to the approval of she Congressional Oversight Commi


~ _ 38

3 Vormg by mail mey he d in counuie: thar setr<is ch
2 following conditions:

3 a. Where the mailing system is fairly well-ceveloped and
4 secure to prevent the ac

3 b. Where thers exists a technically established
s identification «vstem that would preclude maltiple or

> proxy voting: and

s c. Where the system cf reception and custody of maied
4 ballots in the emb; s, constates and other foreign
WwW service establish cerned ary adequate and
i well-secared.

32 Thereaiter. voting Fy wail in any country shall be allowed
GB only upon roview and approval of the Joint Congresston.! Oversight
ud Committee]

13 25.1, THE COMMISSION SHALL MAIL THE BALLOTS
lo INTENDED FOR THE REGISTERED VOVERS THROUGH
qr THE POSTS USEING THE DIPLOMATIC POUCH OR CARGO

FACILITY OR SUCH OTHER FACILITIES AS MAY BF.

rd APPROVED BY THE COMMISSION: PROVIDED, PT HAT THE
a SECRECY AND SANCTITY OF THE MAILED BALLOTS ARE
21 ENSURED. MAILING OF THE BALLOTS SiALI. BE DONE
= NOT LATER THAN THIRTY (30) DAYS BEFORE TH E START

aa OF THE VOTING PERIOD.


~ ~ a

FOR THIS PURPOSE, THE COMMISSION Hatt
ISSUE THE NECESSARY GUIDELINES AND PROCEDURES
TO IMPLEMENT THIS PROVISION.

THE COMMISSION SHALL CONSTITUTE SBRCGs
FOR EVERY POST FOR WHICH VOTING BY MAIL. 1S THE
DESIGNATED VOTING MODE TO RECEIVE AND TAKE
CUSTODY OF ALL ACCOUNTABLE AND OTHER
ELECTION FORMS, SLPPLIES AND PARAPHERNALIA
FROM THE OFOV FOR TRANSMITTAL TO THE SBEIs AND
TO THE SBOC, AS WELL AS TO RECORE, VERIFY.
RECEIVE AND TAKE CUSTODY OF ALI. MAILED
ACCOMPLISHED BALLOTS. EACH SBRCG SHALL BE
COMPOSED OF THRFE (3) MEMBERS FROM AMONG THE
STAFF OF THE POSTS CONCERNED, INCL'DING THEIR
ATTACHED AGENCIES, AND FILIPINO CITIZENS
ABROAD.

[27.2] 25.2. The overseas [absentee] voter shutl send THE
[his/her] accomplished ballot IN| THE ACCOMPANYING
SPECIAL ENVELOPE AT ANY TIME AFTER RECEIPT
THEREOF AND ENSURE THAT THE SAME BALLOT 1S
RECEIVED AND STAMPMARKED BY THE POST ON OR

BEFORE THE CLOSE OF VOTING ON THE DAY OF

ponding embassy. consular ar esher

ELECTIONS [to the e)

foreign service establishment that has jurisdiction aver the ox

where he'she temporarily resides. He/she shall ho etaniticd ¢


19

a0

~ ~
0

eof provided that

histher ballot at any time upon his/her receipt the
the sume is received before the close of vorng on the day of

elections. The overseas absentee voter shal] pe instructed that

histher Lallot 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 COUNTIN% OF VOTES

SHALL BE COUNTED, frecsived by the Philippine embassy

consulate and other foreign service establishmenis before the close
of voting on the dey of elections shall be counted in aererdanr: with

entaining the ACCOMPLISHED

Section 18 hereof] All envelope.

ballots received AFTER THE COUNTING OF VOTES SHALL

NOT BE OPENED AND SHALL BE FILE}) AND KEPT [by the

embassies. consulates and other foreign service establi

i not be opened. end shall he

after the prescribed period 6!

cancelled and dsposed of} appropriately FOR PURPOSES OF

DOCUMENTATION, with a corresponding INVENTORY report
thereon [submitted to the Commission nor later than thirty 130)

avs from the day of elections}. ACCREDITED MAJOR

POLITICAL PARTIES SHALL BE FURNISHED COPIES

OF THF SAID REPORT NOT LATER THAN THIRTY

(30) DAYS AFTER THE DAY OF ELECTIONS.



ur

uu

16

~ ~ aL

25.4. THE COMMISSION SHALI, MAINTAIN A
COMPLETE REPORT OF THE NAMES AND ADDRESSES
OF THE VOTERS TO WHOM THE BALLOTS WERE SENT.
INCLUDING THE NUMBER OF BALILOTS CAST AND
RECEIVED BY THE SBRCG, THE NUMBER OF INVALID
AND UNCLAIMED BALLOTS, AS WELL As OTHER
PERTINENT DATA AND SUBMIT A TIMELY REPORT
THEREON TO THE JOINT CONGRESSIONAL OVERSIGHT
COMMITTEE.

25.5. ALL MAILED BALLOTS MARKED “RETURN TO
SENDER” AND RETURNED TO THE. COMMISSION SHALL
NOT BE OPENED. THE SAME SHALL BE CANCELLED AND
DISPOSED OF APPROPRUATELY, WITH A

CORRESPONDING INVENTORY REPORT THEREON DULY

OR POLITICAL PARTIES NOT

FURNISHED THE ™.
LATER THAN THIRTY (30) DAYS AFTER THE DAY OF

ELECTIONS.”

same Act is hereby inserted to read as

See. 26. A new Seciion 26 of

follows

“SEC, 26. VOTING BY SEAFARERS. - SEAFARERS
MAY VOTE IN ACCORDANCE WITH SECTION 23 OF THIS
ACT. FOR THIS PURPOSE. THE COMMISSION SHALL

PREPARE A SEPARATE CLOV FOR SEAFARERS.”

is hereby inserted to read as

Sec. 27. A new Section 27 of the same Ac

follows


“

on

~ ~ 92
“SEC. 27. VOTING PRIVILEGE OF MEMBERS OF THE

SBEI, SBRCG AND SBOC. - GOVERNMENT EMPLOYEES
POSTED ABROAD WHO WILL PERFORM ELECTION
DUTIES AS MEMBERS OF THE SBEI, SBCRG AND SBOC
SHALL BE ALLOWED TO VOTE IN THEIR RESPECTIVE
POSTS; PROVIDED, THAT, THEY ARE REGISTERED
EITHER IN THE PHILIPPINES OR AS OVERSEAS

VOTERS.”

See. 28. Section 18 of the same Act is hereby renumbered as Section 28

and amended to read as follows:

“Sec. (18]28. - On-site Counting and Canvassing -

[18.1] 28.1. The couating and canvassing of votes shall be
conducted unsite in the courtry where the votes were actually cast
The opening of the specially-marked envelopes and containers
containing the ballots and tke counting and canvass ag of votes
shall be conducted within the premises of the [embassies
consulates and other Foreim Service establishments. or in such
other places as may be designated by the Commission pursuant t
the Implementing Rules and Regulations] POSTS or WITHIN
ANY OTHER POLLING PLACE DESIGNATED/ACCREDITED
AS SUCH BY THE COMMISSION. The Commission shall
ensure that the start of counting in polling places abroad shell. [bz
synchronized} AS FAR AS PRACTICABLE, COINCIDE with
che start of the counting in the Philippines, TAKING INTO

CONSIDERATION THE RESPECTIVE TIME 2ONES OF THE


~ 43

DIFFERENT POSTS: PROVIDED, THAT. NO COUNTING

AND CANVASSING SHALL COMMENCE PRIOQ.. TG THE

CLOSING OF VOTING. *

shali

{18.2}. 28.2. [For these purposes, tx Comms

f Election Inspectors SBEle: ax

Boards

constitute as many Speck
may be necessary to conduc: and supervise the counting of vores as

provided in Section 18,1 hereof. The Special Boards of Elec:ion

erein sha

Inspectors to be constituce be composed

Chairman and two (2) members. ane Gy of whom
designated as pol! clerk, The ambassador, or consul-gencral, or any
career public officer posted abroad designated |y the Commission
ag the case may be, shail act as the chairman, in the bsene” of
other government officers, the two (2) other isembers shall he

citizens of the Philippines whu are qualified register and vore

under this Act and-deputized by the Cammissin net lawer

v (0) days before the day of elections. All

Special Boards of Election Inspectary SBEIs

pofore it during the conduct of its proceedings

fthe chairman.)

when they carry the appre

Immediately upon che completion of the

ail wwansmit [ia

icetion Inspectors] SBEIs

[Special Boards of

1¢ mail] the resufts THEREOF

imile andior elect

Manila and TO the aceradited main political p

Commission i

VIA FACSIMILE, ELECTRONIC MAIL AND/OP BY ANY


~ ~ 44

OTHER SAFE, SECURE AND RELIABLE MEANS OF

TRANSMISSION.

[18.3. Only nallers cast on, or received by tac embass

consulates and other foreign service establishments bi fure the clase

of voting on the day of elections shal! he included in the counting of

all not be counted.)

votes. Those reccived ufterwar
[18.4] 28.3. [A Special Board of Canvassers] THE SBOC
composed of THE HIGHEST RANKING OFFIC_R FROM THE

POST [a lawyer preferably of the Comarssion] 2

y of the

chair[man]PERSON, 2 senior career officer frow

government agencies msintaining a post abread and, ir ~

of another government officer, a citizen of the Philippines qualsfied

respectivel

ret knitted to it by che

immediately upon

SBEls [Special Boards ¢ ion Inspectars|

che completion of the canvass. the chair[man]PERSON

shall transmit vt

SBQC [Special Boards of Canva

electronic mail. AND/or BY ny other SAFE. SEC

ion [equally

RELIABLE means of trans:

rrificates of Canvass and the Statements of Votes to the

mission, ané shalj cause to preserve the -ame immedizt-]y

bie upon rhe

the conclusion of the canva



~ ~ 45

The SBOC [Speciai Board of Canvassers] shat] also furn:-h
the aceredited mujer political parties and accredited citizens arms

with copies thercof via facsimile. elec:ronic mail AND/or BY any

other SAFE, SECURE AND RELIABLE means of transmission
equally safe. secure and reliabie].

The Certificates of Canvass and the accompanying

Statements of Votes as transmitted via facsimile, clecuronic mail
ANDior any other SAFE. SECURE AND RELIABLE means of
transmission [equally suf. secure and reliable] shall be the primary
basis for the national canvass.

[18.5} 28.4, The canvass of OVERSEAS votes shull ner cause
the delay of the proclamation of a winning candidate OR THE
DETERMINATION OF THE RESULT OF .:ATIONSL
REFERENDA OR PLEBISCITES if the outcome of the election
will not be affected by the results thereof, Notwithstanding the
foreguing, the Commission, AS NATIONAL BOARD OF
CANVASSERS FOR SENATORS AND  PARTY-LIST
REPRESENTATIVES. OR CONGRESS, AS NATIONAL
BOARD OF CANVASSERS FOR PRESIDENT AND VICE-
PRESIDENT. SHALL PROCLAIM THE [is empowered to order
the proclamation of] winning candidates OR ANNOUNCE THE
RESULT OF NATIONAL REFERENDA OR PLEBISCITES

ction has not taken place ir a

despite the fact thar the scheduled &
particular country er countries. if the nolding of elections there:

has been rendered impossible by events. factors and circumstances +


46
1 peculiar vo such councry or counsnes. and which events, factors and
2 circumstances are beyond the control or influence of the
3 Commission
4 {18.6] 28.5, In the preparation of the final tally of vates on
5 the results of the nutional elections. [rhe Commission, shall easure
é that] the votes canvassed [oy] IN cach and every country shall be
7 reflected ax a separate item from the tally of nationa? vores. For
8 purposes of this Act. eho returns of every election for P[p}resident
9 and V{[vjice-Plp}resident prepared by the [Special Board of
10 Canvassors} SBOCs shail be deemed a certificate of canvass of a
nN city or a province.
2 {18.7]28.6. Where feasible. the counting and canvassing of
B votes shall be automated, Towards this end, the Commission is
“u hereby authorized to borrow, rent. lease or acquire automated
[voting] COUNTING machines for purposes of can. assing and
16 counting of votes pursuant to the provisions of this Act. and in
7 accordance with the Implementing Rules and Regulations

18 promuigated by the Commission.
v Sec, 29. 4 new Scction 24 is hereby inserted 10 read as foll-ws:

20 “SEC. 29, AUTHORITY TO ADOPT OTHER MODES
a OR SYSTEMS USING AUTOMATED ELECTION SYSTEM +
2 NOTWITHSTANDING CURRENT PROCEDURES AND
a SYSTEMS HEREIN PROVIDED. FOR THE PROPER
a IMPLEMENTATION OF THIS ACT AND IN VIEW OF THE

33 PECULIARITIES ATTENDANT TO THE OVERSEAS


See, 30. A new Sectioa 30 is hereby i

~ ~

47
VOTING PROCESS. THE COMMISSION MAY EXPLORE
AND ADOPT OTHER MORF EFFICIENT, RELIAPLE AND

LURING THE

SECURE MODES OR SYSTEMS. ENS

SECRECY AND SANCTITY OF THE ENTIRE PROCES
WHETHER PAPER-BASED OR ELECRONIC-BASED
TECHNOLOGY OR SUCH OTHER LATEST
TECHNOLOGY AVAILABLE, FOR ONSITE AND REMOTE

REGISTRATION AND ELECTIONS.”

ced to read as tullaws:

“SEC. 36. PROCUREMENT OF FACILITIES,

PQUIPMENT, MATERIALS, SUPPLIES OR SE.
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 SERVICL 5 IN

ACCORDANCE WITH EXISTING LAW FREE FROM

TAXES AND '!MPORT DUTIES, SUBJECT TO
GOVERNMENT PROCUREMENT RULES AND

REGULATIONS.”

See. 31. fSec. 1f of the same Act is hereby renumber'i as] A NEW

= amended] 1S HEREBY INSERTED vw read ss follows

“Sec. 24 ESTABLISHMENT OF AN OFFICE FOR

OVERSEAS VOTING UNDER THE COMMISSION. THE


48
COMMISSION IS HEREBY AUTHORIZED TO ESTABLISH AN

OFFICE FOR OVERSEAS VOTING TASKED SPECIFICALLY TO
OVERSEE AND SUPERVISE THE EFFECTIVE
IMPLEMENTATION OF THE OVERSEAS VOTING LAW:
PROVIDED, THAT ITS SECRETARLAT SHALL COME FROM
THE EXISTING SECRETARIAT PERSONNEL OF THE

COMMISSION ON ELECTIONS,”

Sec, 32. A new Section 32 is hereby inserted to read as follows

“SEC. 32 CREATION OF TRE DEPARTMENT OF
FOREIGN AFFAIRS OVERSEAS VOTING SECRETARIAT (DFA-
OVS) - A SECRETARIAT BASED IN THE DEPARTMENT OF
FOREIGN AFFAIRS (DFA) HOME OFFICE IS «aEREBY
CREATED TO ASSIST THE OFOV, AND TO DIRECT,
COORDINATE AND OVERSEE THE PARTICIPATION OF THE
DFA IN THE IMPLEMENTATION OF THE OVERSEAS VOTING
LAW (OVL): PROVIDED, THAT ITS SECRETARIAT SHALL
COME FROM THE EXISTING SECRETARIAT PERSONNEL OF
THE DEPARTMENT OF FOREIGN AFFAIRS.”

See. 23. See.19 of the same Act is hereby deleted.

['Sec.19 Authority of the Commission to Promulgate

Rules. — The Commission shail issue the novessary rules and

regulations to effectively implement the provisions of this within

sixty (60) days from the etfectivicy of this Act. Tae Impleme

Rules and Regulations shall be submitte! ta


49

Congressional Oversight Commuttee created by vurtue of chis Act for

2 prior approval.

in the formuleuon of the rules aud regulations, the
4 Commission shall coord:nate with the Department of Forsign

Affairs. Department of Labor and Employment, Philippise Overscas

6 and Employment Administration, Overseas Workers’ Welfare
7 Administration and the Commission on Filipinos Ov eseas, Non-
8 government organizations and accredited Filipro organizations or
9 associations abroad shall be consulted.”}

10 See. 34, Section 20 of the same Act is hereby reaumbercd as Section 3:1

1? and is umended ta read as follow

12 “Sec. (20/83. - Information Campaign ~ The Commission. ix
B coordination with agencies concerned, shail undertake an
iW information campaign to educate the public on the manner of
rE) OVERSEAS [absentee] vorng for qualified overseas (absertic
it voters. It may require the support and assistance of the Department
Ir of Foreign Affairs, through the POSTS, [embassies, consniaies and

other foreign sorvice establishments], Depariment of Labor and

16 Employment. Department of Transportativn and Communicatior.s
2 Philippme Postal Corporation. Philippine Overseas Emplorm

2 Administration, Overseas Workers’ Welfare Administraticn and tt
2 nos Overseas. [The Commissen may deputi.
3 Filipino organizations/associations overseas for (he saipe purpos:

Provided, chat any such deputized organization: a-soeausa shall ¢

prohibited from participating m the elections by campaigning Jor ¢:


~ ~

ther, That a any 31

fielding candidates: Provided

orgunizatioWassociation as discovered te have . member wae is not

as bevein defined.

a qualified overseas absentee ve

deputized organization‘association shall be basned row

participating in any manner, and at any stage. 9 Ins Philippine
political process abroad ]

Such information campaign shall educa: she Pilipino puble.
within and outside the Philippmes. on the PHILIPPINE

avereas [absentee]

ELECTORAL SYSTEM, [on] the righ

~ and oher

[absentee] OVERSEAS voi

{nformation meterials shall be developed by the

Commission for distribution. through the said ¢ wemm ni agencies

and private organizatiens. No government agency [or <

private organizations] skal! prepare. print, disiribute or pos

[websites] any information marerial without che prier approve

the Commissior.

THE COMMISSION IS AUTHORIZED TO ALLOCATE

NOT LESS THAN TEN PER CENT (10°) OF THE OVERSEAS

VOTING BUDGET TO DEFRAY THE COSTS OF
S VOTERS

EFFECTIVELY CARRYING OUT THE OVERS
INFORMATION AND EDUCATION CAMPAIGN.

THE COMMISSION MAY ENTER INTO CONTRACTS
WITH PUBLIC OR PRIVATE ENTITIES TO ENSURE
EFFECTIVE AND EFFICIENT INFORMATION

DISSEMINATION.”


a

See. 35. A new Section 34 is

$1

nserted to read as follows.

“SEC. 34. ROLE AND ENGAGEMENT OF FILIPINO
CIVIL SsoctETY ORGANIZATIONS, - THE COMMISSION
SHALL ENCOURAGE AND ENGAGE THE PARTICIPATION
OF LocaL AND OVERSEAS FILIPINO CNIL SOCIETY
ORGANIZATIONS AS ACCREDITED ‘OR DEPUTIZED
PARTNERS AT ANY STAGE OF THE OVERSEAS
ELECTORAL PROCESS, SUBJECT TO THE GUIDELINES
AND L: IMITATIONS ELSEWHERE PROVIDED IN THIS ACT
OR IN OTHER RELEVANT LAWS, AS WELL AS THOSE
THAT THE COMMISSION SHALL PROMULGATE:
PROVIDED, THAT ANY SUCH ORGANIZATION OR
ASSOCIATION SHALL BE ACCREDITED OR DEPUTIZED
ON THE BASIS OF THEIR PRESENCE, RE CH AND
RESOURCES TO EDUCATE THE FILIPINO PUBLIC ON
THE PHILIPPINE ELECTORAL SYSTEM, THEIR RIGHTS
AS OVERSEAS VOTERS, THE OVERSEAS VOTING
PROCESSES AND OTHER RELATED CONCERNS, AS WELL
AS TO DISSEMINATE INFORMATION DEVELOPED By
THE COMMISSION EFFECTIVELY AND IN 4 TIMELY
MANNER: PROVIDED, FURTHER, THAT NO SUCH
ACCREDITED OR DEPUTIZED ORGANIZATION SHALL
PREPARE, PRINT, DISTRIBUTE OR PosT ANY
INFORMATION OR MATERIAL WITHOUT THE PRIOR
APPROVAL OF THE COMMISSION: PROVIDED,


52
FURTHERMORE, THAT ANY SUCH ACCRELITED OR

2 DEPUTIZED ORGANIZATION OR ASSOCIATION SHALL BE
3 PROHIBITED FROM CAMPAIGNING FOR OR FIELDING

+ CANDIDATES: PROVIDED, FINALLY, THAT IF ANY SUCH

5 ORGANIZATION OR ASSOCIATION IS DISCOVERED TO
a HAVE A MEMBER WHO IS NOT A QUALIFIED OVERSEAS
7 VOTER AS HEREIN DEFINED, SUCH DEPUTIZED
8 ORGANIZATION OR ASSOCIATION SHALL BE BANNED
9 FROM PARTICIPATING IN ANY MANNER AND AT ANY
10 STAGE IN THE PHILIPPINE POLITICAL PROCESS
ae ABROAD.”

a Sec, 6. A new Section 34 is hereby inserted to read ay follows:

3 “SEC. 85. TRAININGS, - ALL MEMBERS OF THE
at FOREIGN SERVICE CORP SHALI. RECEIVE TRAINING ON
15 OVERSEAS = VOTING PROCESSES,. RULES AND
16 PROCEDURES FROM THE COMMISSION. SUCH fRAINING

” SHALL BE UNDERTAKEN IN COORDINATION WITH THE

1s DFA-OVS, AND SHALL FORM AN INTEGRAL PART OF
19 THEIR PRE-POSTING BRIEFING AND ORIENTATION,

20 THE OFOV, THROUGH ITS CHAIR] ERSON, MAY
21 ALSO AUTHORIZE THE CONDUCT OF TRAINING FOR
eed THE MEMBERS OF THE ODEPUTIZED BODIES
a CONCERNING THE PROCESSES, RULFS, AND

PROCEDURES ON REGISTRATION AND ELECTION BOTH

33 HERE AND ABROAD AT LEAST ONE HUNDRED TWENTY


53
(420) DAYS BEFORE EACH SCHEDULED REGISTRATION

OR NATIONAL ELE CTION™

ere Act is hereby renumbered a: ss

See. 87, Section 21 of;

Ser. 38. Seotion 22 of the sume Act fs hereby renumiired as Section

amended t read as follows

33
ay

as

“Sec. (22)37. - Assistance from Government Agencies. -

All goverament officers particularly from rae Depart

Pmpiosm:

Forien Afairs, Department cf Lanor

Ucpar:ment of Transportation and Communications Phikprine

pine Oversoas — Umplewnent

Posta! Corporation

Workers’ Welfare Adm: MMUSTFatin,

Adminis‘rauion, Overs

Comm'ssion on Fiipmes Overseas and other -avernment of

concerned with the welfare of the Filipinos overseas aio che

Ssent compatible with their primary responsifulities, assist “ae
Commission in carrying cur the provisions of this et, al: such

whle measures -c

agencies or officers thereof shall rake re;

which the Commisaon shall r:

expedite all election act

Commission may send +

< he POSTS jems

teamis headed by carver <

Hi
LIKEWISE, CONSULAR AND DIPLOMATIC SERVICES

consuletes and ncher forcign service establishment: conces

RENDERED IN CONNECTION WITH THE OVERSEAS
VOTING PROCESSES SHALL BE MADE AVAILABLE AT NO
COST TO THE ov ERSEAS VOTER. FEES SHALL BE

CHARGED AS USUAL ON ALL OTHER COASi LAR AND


a
54

7 DIPLOMATIC SERVICES NOT RELATED TO OVERSEAS

2 VOTING,
3 See. 39. Section 23 of the same Act is hereby renumber Section 38.
qd See, 40, Section 24 of the same Act 1s hereby renumbered ax Section UY

3 and 1s amended to read as follows:
6 “Sec, [24] 39. Prohibited Acts. In addition to the prohibited

7 acts provided by law. it shal be unlew fut,

8 [24.1] 39.1. For any officer or employes: of the Ph:lppine
9 government to influence or attempt to influence any person covered
1e by this Act to vote. or not to vore for a particntar candidate.
1" Nothing in this Act shall de deemed to prohibit five discussion
2 regarding politics or candidates for public office.

B [24.2] 39.2. For any person to deprive ANOTHER [any
is person] of any right secured in this Act. or vo give falsc anformation

as to ONE'S [his/her] name, address, or period of residence for the

legibility to

16 purposes of establishing THE [his‘her] eligibility or ix

yor vote under this Act: or to conspire with «nother person for

18 the purpose of encouraging the giving of false infrmation in order te
ta establish the eligibility or ineligibility of any individual to registar or
2 vote under this Act; or t¢ pay. of offer to pay. or i accept payment
2 either for application FOR REGISTRATION, or for voting:

2 [24.3] 89.8. For any persor to STEAL, CONCEAL. ALTER.
23 DESTROY, MUTILATE, MANIPULATE, OR IN ANY WAY
4M tamper with [the ballot.] the mail containing the ballots for oversea

25 [absentee] voters, THE BALLOT, the election return. finctuding


He

al

33
ay

the desmuction. mutation and manipulanim thereof] OR ay
RECORD, DOCUMENT OR PAPER REQUIRED +oR
PURPOSES OF THIS ACT:

B44. For any person to steal, dastros, conceal, mutilac- or

8 of This

alter any record. document or paper as required for purpos
Act]

24.5) 384. For aay deputized agent tw refuse without
Justifiable ground, i¢ serve ot continue serving, or to comply with

8 afer acceptance of THE fhisibcr

ONE'S fhisther] sworn dur

appointment] DEPUTIZATION:
24.6] 89.5. For any public officer or employee OR

ACCREDITED OR DEPUTIZED ORGANIZATION OR

ASSOCIATION TO fwho shall} cause the preparation. printing.
Gistriburion OR POSTING of information OR material, for post rhe

same in websites] without the Prior approval of the Commission:

(24.7) 89.6. For any public officer or employee Ww cause
wansfer, promocion, extension. recall of any member of the foreign
Service corps. inciuding mercbers uf the attached agencies, or
otherwise cause: the movement of any such member from THE (his]
SMITENT Post or position ane li Year before and three 1) manths
after the day of cleetions, without securing the prior apmroval of the
Commission:

24.8] 39.7. For any person whe. after bcing deputized by the

es an connection with the

Ciamissisn to undertake acti



uw

2

42
33
ay

as

56

on whatever

implementation o! campaign for oF as

manner, candidates in the cisctions:

39.8. FOR ANY PERSON TO ENGAGE IN PARTISAN
POLITICAL ACTIVITY ABROAD DURING THE THIRTY-DAY

(30) OVERSEAS VOTING PERIOD.

[24.9] 39.9. For any person who is not a citizen of the

Philippines to parncipate. by word or deed, directly or indirectly

through qualified organizations-associutions, in any manner and at

abroad, including

any stage of the Phihppine political proo

participation in the campaign and elections

to the contrary

of existing Jat

notwithstanding. and with due regard 10 the Principle of Doubie

Criminality, the prohibited acts described in this section are
electoral offenses and SHALL BE punishable in the Phi:ppines
The penalties impc-ed wader Section 264 of the Omnibus

Elcution Code, as amended. shell be imposed on any  rson found

prckibtted acts as defined in ¢

pany of

guilty of committi:

It

v of prision mayer in its minimum

mn: Provided, Thor the pex

period shall ke imposed upon any person fouad guilty UNDER

he

Rout the benefit of the operation

Section [24.3]39.3 hereof w

cifender is # public officer or a

Indeterminate Sentence Law. If 1:

nision mayor in its maximum

candidate, the penalty shal! hep

shall be Sentenced to suffer

period, In addition, the of

public office and deprivation of che

perpetual disqualification te hi

right to vote


al
an
43
ay
a>

-
57

Ummigrents and permanent resideits whe dv aot resume

residence in the Philippines as stipulated .2 their afficavis under

years after approva r

Section Sid) within three zs

registration under tas Act and yer vote in the EX &.setions

recat of

Soatrary to the said section. shall be ponalized by impri:

no! less than ane ‘1: year. and shall be cawemod disqualiied xs

Provided in Section 5{c) of this Act. His/hor peasport shill be

Stamped "not allowed ro vote."]

See. 41. Section 25 of the same Act is hereby renumbored ax Seetion 40

and is amended to read as follows:

ec. [25] 40. Joint Congressional Oversight Committee.

+ A Joint Congressional} Oversight Commitee ts hereby crested,

os

composed of the Chaiz[man]PERSON of the Senaze Comn:

Revision of Codes and Laws, and

Constitutional amendmen

signated hy the Senae President. ond

seven {7) other Senaro:

the Chairfman]PERSON of the House Comm.

Electoral Reforms and seven (7) other Members of the Hous

Representatives desyenated by the Speaker sf th, Howse of

Representarives: Provided. That. of the seven (7) merabers ro be

esignated by each House of Congress, four (4) saoute

the majority TO. INCLUDE THE CHAIR OF THE COMMITTEE

ON FOREIGN AFFAIRS and the remaining th. -e

minority.”

The Joint Congressionul Oversight Committe:

Power to monitor and evaluate the implementation of this Act [Ir


18

Ww

20

3

8

ted

~ ~
58

shall review. revise, amend an¢ approve the Implementing Rules

and Regulations promulgated by the Commission.]

A

Sec. 42. Sections 26. 27 and 26 of the same are herchy renumbered

aveurdingly
Sec. 43. A new Section 44 is hereby inserted to read as fullows:

“Sec. 44. TRANSITORY PROVISION - ALL PRIOR

ACTS. RESOLUTIONS. ISSUANCES OF THE

COMMISSION UNDER THIS ACT. NOT OTHERWISE

INCONSISTENT HEREWITH, INCLUDING THE

REGISTRATION OF VOTERS AND MODES UF VOTING.

SHALL REMAIN VALID AND EFFECTIVE.”

Sec. {29} 44. Appropriations. - [The amount neces

‘udget or

the srovisions of this Act shall be provided im a supplemental

Act of the year of its (nactment into

included in the General Appropriatio

law, Thereafter, the expenses for its continued implementation shall be
included in the subsequent General Appropriations Act] THE AMOUNT
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT
SHALL BE INCLUDED IN THE BUDGETS OF THE COMMISSION ON
ELECTIONS AND TRE DEPARTMENT OF FOREIGN AFFAIRS IN

THE ANNUAL GENERAL APPROPRIATIONS ACT.

sion

Sec. 45, Implementing Rules and Regulations. - The Comm
shall promulgate rules and regulations for the implementation and
enforcement of the provision of this Act within sixty (60) days from the

effectivity thereof.


~~

F part or provision of inc

Sec. 46. Separabilit: Clause. - I? #

be de s hereof whieh

eclaved unconstirenenil or invald. other provision

ha

i continue t¢ be in fall force and effest

are nes afivered thereby

See. 47, Repealing Clause. - All laws. presidential deerees. executive

sand regulatin: ther issuances. and parts thereof. whieh are

orders. 7

incomsisvent with the provisions of this Act, arc hereby rapealed or modified
accordingly,
fy Clause. - This Act shall take effect fifteen (15) dars

See, 48, Effectivi

ette or al. Jeast in Whres

after ins [complete} publication in the Official Gs

TWO (2) newspapers of generai circulation.

Apprived.

uw
8



FACT SHEET

House Bill Ni 6542
(In substitution of House Bill Nos. 3001, 3023, 3201 and 3966)
AN ACT

AMENDING REPUBLIC ACT NO. 9183 OTHERWISE KNOWN AS “THE
OVERSEAS ABSENTEE VOTING ACT OF 2003

introduced by. Reps. Macapagai-Arroyo, Escudero, Balio,
Bichara. Chmaco, Roariguez i}. Lagman. Gatchatien,
Gonzales (N}. Bag-ao. Balocabe and Aumentado

Committee Referra!’ Committees on Suffrage and Electoral Reforms
& Foreign Affairs
Commitice Chairpersons. HON. ELPIDIO F. BARZAGA, JR.
& HON. AL FRANCIS C. BICHARA

OBJECTIVE:

* To enfranchise mare Filipine overseas voters woridwide by softening restrictive
provisions of the existing law.

KEY PROVISIONS:

* Deletes the word "absentee" in the ‘aw wrich will now be termed as “Overseas
voting.”

* Provides for the expansion of the coverage of the !aw under Section 4 by
allowing Filipmo overseas voters to vote not only for the presidential and midts‘m
e’ections, but also in al! national naa and piebiscites.

* Provides for the detetior of Section § (9) of the law entitled, ‘Die~ualifications”
which requires an immigrant or permanent resident to execute an affidavit icon
tegistration declaring that the resident shall resume actual physical residence in
the Philippines not late: than three iS: years from the approval of the registra:ion
The same affidavit likewise states that te applicant shall not have appliec fo:
citizenship in another country wh ch runs counter to the “Dual Ciuzership Act
which was enacted into law ate: the institutionalization of the “Overseas
Absertee Voting Act



Amends Section § of the law by making registration for overseas voting more
assessible to Filipinos worldwide by way of setting up field ane mobile
registration centers by the posts concemed This includes pre-departure
tegistration that shali be conducted in accredited government agencies or
facilities to be determined ny the Commission, As regards to overseas Filipino
workers, they may file their application personally at any post or ‘t designated
fegistration centers in the Philpgines approved by the Commission. They sha't
likewise submi: themselves for live capture of their biometrics.

Expands the three (3) modes of voting as provided in a new section namely
personal voting, voting by mail and aay other means as may be allowed urder
existing laws (Section 52({; of Batas Pambansa Bly, 881 as amended.)

Creates a new Section 29 in the iaw entitled. “Authority to adopt other modes or
systems using Automated Election System". COMELEC may . xplore and adopt
other more efficient. reliable and secure modes or systems, whether paper-based
or electronic-based technology or such other latest technology available. for
onsite and remote registration and elections,

Establisies an Office for Overseas Voting tasked specifically to oversee ana
supervise the effective implementation of the Overseas Voting Law.

Mandates the creation of the Department of Foreign Affairs Overseas Voting
Secretaria!” (DFA-OVS) based at the IFAs nome office to assist the Office for
Overseas Voting, and to direct. coordinate and oversee the DFA’s participation in
the implementation of the Overseas Voting Law.

Provides that for an "Information Campaign.” which authorizes the Commission
on Elections to appropriate not less thar ten percent (10%) of the overseas
voting budget for information disserrination and education campaign. It likewise
gives authority to the COMELEC to enter into contracts witt public or private
entities to ensure effective and effisient information dissemination.

RELATED LAWS:

Republic Act No. 9189 {The Overseas Absentee Voting Act of 2003)
Batas Pambansa Big. 881 (The Omnibus Election Code, as amendad)
Republic Act No, 8189 (The Continuing Ragistration Act)