ORIGINAL PROVISIONS

PROPOSED AMENDMENTS

JUSTIFICATION/EXPLANATION

AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING
BY QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

AN ACT AMENDING CERTAIN PROVISIONS OF R.A. 9189 PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Same

Section 1. Short Title. - This Act shall be known as "The Overseas Absentee Voting Act of 2003."

Section 1. Short Title. - This Act shall be known as "The Overseas Absentee Voting Act of 2003."

Same

Sec. 2. Declaration of Policy. - It is the prime duty of the State to provide a system of honest and orderly overseas absentee voting that upholds the secrecy and sanctity of the ballot. Towards this end, the State ensures equal opportunity to all qualified citizens of the Philippines abroad in the exercise of this fundamental right.

Sec. 2. Declaration of Policy. - It is the prime duty of the State to provide a system of honest and orderly overseas absentee voting that upholds the secrecy and sanctity of the ballot. Towards this end, the State ensures equal opportunity to all qualified citizens of the Philippines abroad in the exercise of this fundamental right.

Same

Sec. 3. Definition of Terms. - For purposes of this Act:

Sec. 3. Definition of Terms. - For purposes of this Act:

a.  "Absentee Voting" refers to the process by which qualified citizens of the Philippines abroad exercise their right to vote;

a.  "Overseas Absentee Voting" refers to the process by which qualified citizens of the Philippines abroad exercise their right to vote;

To distinguish it from local absentee voting.

b. "Commission" refers to the Commission on Elections;

b.  "Commission" refers to the Commission on Elections;

c. "Certified List of Overseas Absentee Voters" refers to the list of registered overseas absentee voters whose applications to vote in absentia have been approved by the Commission, said list to be prepared by the Committee on Absentee Voting of the Commission, on a country-by-country basis. This list shall be approved by the Commission in an en banc resolution;

c. "Certified List of Overseas Absentee Voters" refers to the list of registered overseas absentee voters whose applications to vote in absentia have been approved by the Commission, said list to be prepared by the Committee on Absentee Voting of the Commission, on a country-by-country and  post-by-post basis. This list shall be approved by the Commission in an en banc resolution;

To consider the fact that the CLOAV is not really a country-by-country listing AND post-by-post.

d. "Day of Election" refers to the actual date of elections in the Philippines;

d. "Day of Election" refers to the actual date of elections in the Philippines;

Same

e. "National Registry of Absentee Voters" refers to the consolidated list prepared, approved and maintained by the Commission, of overseas absentee voters whose applications for registration as absentee voters, including those registered voters who have applied to be certified as absentee voters, have been approved by the Election Registration Board;

e. "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 8189, who have applied to be certified as absentee voters, have been approved by the Resident Election Registration Board.   It shall indicate the Post where the overseas absentee voter is registered.

For clarity.

f. "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.

f. "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.

 g) "Resident Election Registration Board (RERB)" shall refer to the in-house Election Registration Board (RERB) of the COAV composed of three (3) ranking officials of the Commission, the main functions of which are to process, approve, or disapprove the application forms for registration or certification as overseas absentee voter;

This amendment of the law shall prevent delays in the turn-around of documents and which would hopefully speed up the processing of applications at the COMELEC central office.

 a) "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;

 b) "DFA-Overseas Absentee Voting Secretariat (DFA-OAVS)" refers to the Secretariat based at the Department of Foreign Affairs (DFA) home office to direct, coordinate and oversee the Department's participation in the implementation of the Overseas Absentee Voting Law (OAVL);

c) "Posts" shall refer to the Philippine embassies, consulates, foreign service establishments and other Philippine government agencies maintaining offices abroad having jurisdiction over the places where the overseas absentee voters temporarily reside.  Posts shall also mean to include the three (3) Manila Economic & Cultural Offices (MECO) in Taiwan;

d) Field registration shall refer to the conduct of registration at predetermined location, outside the Posts for a limited period upon favorable recommendation of the DFA-OAVS and approval of the COAV based on the guidelines prescribed by the Commission;

e) Mobile registration shall refer to the conduct of registration at various locations outside the Posts and which shall be undertaken as part of the Posts' mobile consular and outreach activities to Filipinos within their  jurisdictions.

f) Municipal/City/District Registry of Overseas Absentee Voters (ROAV) refers to the consolidated list prepared, approved and maintained by the Commission, for every municipal/city/district, of overseas absentee voters whose applications for registration as such, including those registered voters under Republic Act No. 8189, who applied for certification as overseas absentee voters, have been approved by the Election Registration Board;

g) "Voting Period" refers to 30 days of voting including the day of the elections.

These terms may be included in the law itself.   For clarity, they should be arranged alphabetically in the final version.

 Sec. 4. Coverage. - All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen (18) years of age on the day of elections, may vote for president, vice-president, senators and party-list representatives.

Sec. 4. Coverage. - All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen (18) years of age on the day of elections, may vote for president, vice-president, senators and party-list representatives.  Registered overseas absentee voters are also qualified to vote during national referenda and plebiscites.

Taking into consideration any constitutional amendments.

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;

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;

b)  Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country;

b) 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 R.A. 9225, otherwise known as the " Citizenship Retention and Reacquisition Act of 2003";

This is in recognition of R.A. 9225 which restores all political and civil rights to former Filipino citizens.

c) Those who have committed and are convicted in a final judgment by a court or tribunal of an offense punishable by imprisonment of not less than one (1) year, including those who have committed and been found guilty of Disloyalty as defined under Article 137 of the Revised Penal Code, such disability not having been removed by plenary pardon or amnesty; Provided, however, That any person disqualified to vote under this subsection shall automatically acquire the right to vote upon expiration of five (5) years after service of sentence; Provided, further, That the Commission may take cognizance of final judgments issued by foreign courts or tribunals only on the basis of reciprocity and subject to the formalities and processes prescribed by the Rules of Court on execution of judgments;

c) Those who have committed and are convicted in a final judgment by a court or tribunal of an offense punishable by imprisonment of not less than one (1) year, including those who have committed and been found guilty of Disloyalty as defined under Article 137 of the Revised Penal Code, such disability not having been removed by plenary pardon or amnesty; Provided, however, That any person disqualified to vote under this subsection shall automatically acquire the right to vote upon expiration of five (5) years after service of sentence; Provided, further, That the Commission may take cognizance of final judgments issued by foreign courts or tribunals only on the basis of reciprocity and subject to the formalities and processes prescribed by the Rules of Court on execution of judgments;

d) An immigrant or a permanent resident who is recognized as such in the host country, unless he/she executes, upon registration, an affidavit prepared for the purpose by the Commission declaring that he/she shall resume actual physical permanent 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 permanent resident from the National Registry of Absentee Voters and his/her permanent disqualification to vote in absentia.

To encourage more immigrants to register, the proposal is to delete this provision of the law and allow the immigrants or permanent residents to register as overseas absentee voters without qualification.

Should the provision on the Affidavit of Intent to Return is retained, the sanctions on the other hand should be deleted.

Section 6. Personal Overseas Absentee Registration. - Registration as an overseas absentee voter shall be done in person.

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 and additional procedures for overseas absentee registration pursuant to the provisions of Republic Act No. 8189, whenever applicable, taking into strict consideration the time zones of the countries and the various periods and processes herein provided for the proper implementation of this Act. The embassies, consulates and other foreign service establishments shall transmit within (5) days from receipt the accomplished registration forms to the Commission, after which the Commission shall coordinate with the Election Officer of the city or municipality of the applicant's stated residence for verification, hearing and annotation in the permanent list of voters.

All applications for the May, 2004 elections shall be filed with the Commission not later than two hundred eighty (280) calendar days before the day of elections. For succeeding elections, the Commission shall provide for the period within which applications to register must be filed.

      In the case of seafarers, the Commission shall provide a special mechanism for the time and manner of personal registration taking into consideration the nature of their work.

            6.1. Upon receipt of the application for registration, the Election Officer shall immediately set the application for hearing, the notice of which shall be posted in a conspicuous place in the premises of the city or municipal building of the applicant's stated residence for at least one (1) week before the date of the hearing. The Election Officer shall immediately furnish a copy of the application to the designated representatives of political parties and other accredited groups.

            6.2. If no verified objection to the application is filed, the Election Officer shall immediately forward the application to the Election Registration Board, which shall decide on the application within one (1) week from the date of hearing without waiting for the quarterly meeting of the Board. The applicant shall be notified of the approval or disapproval of 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 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.

Section 6. Personal Overseas Absentee Registration. - Registration and certification as an overseas absentee voter will be done in person at the Posts that have jurisdiction over the locality where the applicant temporarily resides.

In the case of a seafarer, he may file his application personally at any Post, indicating in his application form the specific address where he wants his ballot to be sent.  He shall likewise submit himself for live capture of his biometrics.

Subject to the specific guidelines herein provided, the Commission is hereby authorized to prescribe innovative and additional procedures for overseas absentee registration and adopt such other advanced technological system aside from the system being used by the Commission in the local registration, taking into strict consideration the time zones of the countries and the various periods and processes herein provided for the proper implementation of this Act and the other peculiarities attendant to the implementation of the overseas absentee voting.

The use of "will" allows flexibility for the Commission to adopt at some future time other means of registration, i.e. postal or even online.

The provision allowing registration to any city/municipality is proposed to be deleted as experience showed that a very small number of OFWs availed of registration in the Philippines.

Owing to the mobility of seafarers, it is proposed that they be allowed to register at any Post.

The Commission proposes the deletion of the provisions pertaining to the ERB.

Section 7. Resident Election Registration Board; Powers; Effect. - There shall be a Resident Election Registration Board (RERB) which shall process, approve or disapprove all application forms for registration or certification of overseas absentee voters,

           An applicant whose application for registration has been approved by the RERB shall be entitled to vote only as an overseas absentee voter under this Act.  He may vote in local elections upon approval of his request for transfer of registration record by the local ERB of the city/municipality comprising his residence.

In the 10 May 2004 National Elections, there was a considerable delay in the processing of application for registration by the local ERBs.  

This problem was caused by the delay in the delivery the application forms from the Posts to the Central office, further delays from the Central Office to the field offices and vice-versa.

The provision of the RERB in the amended law will hopefully solve the issue on delays.

          Section 8. Duties and Functions of the RERB. - 8.1. Upon receipt of the applications for registration from the Posts, the RERB of the Commission shall schedule  the hearing of the applications for registration.

          It shall be the duty of the RERB to notify all political parties and other parties concerned of the pending applications for registration through a weekly updated publication in the websites of the Commission and the DFA   and posting the names of the applicants in conspicuous places near the place where the RERB will hold its hearing.

          8.2. The RERB shall have the sole power and authority to approve or disapprove the application for registration or certification on the basis of the non-filing of any objection from any party within seven (7) days after the publication or posting of the names of the applicants.  In case of disapproval of the application for registration, within five (5) days from the date of disapproval, the RERB shall notify the applicant or his authorized representative in the Philippines stating the reasons therefore.

          8.3. The RERB shall include the  names of the applicant with approved applications in the National Registry of Absentee Voters and in the Certified List of Overseas Absentee Voters (CLOAV) in the Posts where he intends to vote in the next national election subject to the approval of the Commission en banc.

          8.4. Approval of the RERB on application for registration shall be immediately executory unless reversed or set aside by a court of competent jurisdiction in a decision which has become final and executory.

          8.5. 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 RERB shall be considered affirmed. (previously under Section 6.6)

          8.6. 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, has the right to file a motion for reconsideration before the RERB of the Commission which shall be decided within five (5) days after its filing on the basis of documents submitted in connection therewith.  The resolution of the RERB on the motion for reconsideration shall be immediately executory unless reversed or set aside by the court in a decision which has become final and executory .

          The adverse party may file a petition for inclusion within ten (10) days from receipt of the notice denying the Motion for Reconsideration with the proper municipal or metropolitan trial court.  The petition shall be decided within fifteen (15) days after its filing on the basis of the documents submitted in connection therewith.    Should the court fail to render a decision within the prescribed period, the ruling of the RERB shall be considered affirmed.

Qualified citizens of the Philippines abroad, who have previously registered as voters pursuant to Republic Act No. 8189 shall apply for certification as absentee voters and for inclusion in the National Registry of Overseas Absentee Voters. In case of approval, the Election Officer concerned shall annotate the name of the voter in the Certified Voters' List  and his Voter's Registration Records.

Applicants whose applications for registration and certification as overseas absentee voters have been approved must notify the COAV, through its Chairman in the event of change of voting venue at least one hundred eighty (180) days prior to the next national elections; provided that those who would eventually  vote in the Philippines should register in the municipality where they intend to vote and within the time frame provided for local registration provided further, that the applicant shall notify the  COAV, through its Chairman  of his transfer in the Philippines at least one hundred eighty (180) days prior to the next national elections for purposes of canceling his name in the CLOAV and  removal of his Overseas Absentee Voter's Registration Records from the Book of Voters.

          The Commission shall exert all efforts to issue an overseas absentee voter identification card to those whose applications to vote have been approved.

Sec. 7. System of Continuing Registration. - The Commission shall ensure that the benefits of the system of continuing registration are extended to qualified overseas absentee voters.  Towards this end, the Commission is authorized to optimize the use of existing facilities, personnel and mechanisms of the various government agencies for purposes of data gathering, data validation, information dissemination and facilitation of the registration process.

Pre-departure programs, services and mechanisms offered and administered by the Department of Foreign Affairs, Department of Labor and Employment, Philippine Overseas Employment Administration, Overseas Workers' Welfare Administration, Commission on Filipinos Overseas and other appropriate agencies of the government shall be utilized for purposes of supporting the overseas absentee registration and voting processes, subject to limitations imposed by law.

Sec. 9. System of Continuing Registration. - The Commission shall ensure that the benefits of the system of continuing registration are extended to qualified overseas absentee voters.  Towards this end, the Commission is authorized to utilize and optimize the use of existing facilities, personnel and mechanisms of the various government agencies for purposes of data gathering, data validation, information dissemination and facilitation of the registration process.

Pre-departure programs, services and mechanisms offered and administered by the Department of Foreign Affairs, Department of Labor and Employment, Philippine Overseas Employment Administration, Overseas Workers' Welfare Administration, Commission on Filipinos Overseas and other appropriate agencies of the government shall be utilized for purposes of supporting the overseas absentee registration and voting processes, subject to systems limitations and those imposed by law.

Sec. 8. Requirements for Registration. - Every Filipino registrant shall be required to furnish the following documents:

1. A valid Philippine passport. In the absence of a valid passport, a certification of the Department of Foreign Affairs that it has reviewed the appropriate documents submitted by the applicant and found them sufficient to warrant the issuance of a passport, or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason;

Sec. 10. 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 found them sufficient to warrant the issuance of a passport, or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason;

2. Accomplished registration form prescribed by the Commission containing the following mandatory information:
1. Last known residence of the applicant in the Philippines before leaving for abroad;
2. Address of applicant abroad, or forwarding address in the case of seafarers;
3. 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; 
4. Name and address of applicant's authorized representative in the Philippines for purposes of Section 6.7 and Section 12 hereof.

b. Accomplished registration form prescribed by the Commission containing the following mandatory information:

5. Last known residence of the applicant in the Philippines before leaving for abroad;
6. Address of applicant abroad, or forwarding address in the case of seafarers; and,
7. Where voting by mail is allowed, the applicant's mailing address outside the Philippines where the ballot for absentee voters will be sent.

It is proposed that the "name of the authorized representative" be considered as an optional requirement as not all registrants are able to identify them.

3. In the case of immigrants and permanent 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.

      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.

This is proposed to be deleted.

c. In case of applicants who will avail of R.A. 9225, they are required to present the original or certified true copy of the Order of Approval approving his application to retain or reacquire his Filipino citizenship issued by the Post or his 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 as an overseas absentee voter shall be considered as applications to vote in absentia.  An overseas absentee voter is presumed to be abroad unless he applies for transfer of registration record or he requests that his name be canceled from the NROAV. (delete Sections 11 (except 11.3) & 12 of the original law)

Additional information obtained from the registrant should not be made mandatory as some of those enumerated therein are not relevant in overseas absentee voting.

Sec. 9. National Registry of Overseas Absentee Voters. - The Commission shall maintain a National Registry of Overseas Absentee Voters.   Approved applications of overseas absentee registrants shall also be included in the permanent list of voters of the city or municipality where the registrant is domiciled with the corresponding annotation that such person has been registered or will be voting as an overseas absentee voter.  The registry shall also include those registered under Republic Act No. 8189 and who have been issued certifications as overseas absentee voters.

The entries in the National Registry of Overseas Absentee Voters and the annotations as overseas absentee voters in the Certified Voters' List  shall be permanent, and cannot be cancelled or amended except in any of the following cases:

            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 his/her 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 his/her right to vote under this Act for two (2) consecutive national elections.

Sec. 11. National Registry of Overseas Absentee Voters. - The Commission shall maintain a National Registry of Overseas Absentee Voters (NROAV).   All approved applications of overseas absentee registrants shall also be included in the permanent list of voters of the city or municipality where the registrant is domiciled. Towards this end, the Commission shall provide each and every municipality or city with a Registry of Overseas Absentee Voter (ROAV) per Municipality or City for their reference.

          The Commission shall deactivate the registration and remove the registration records of the following persons from the corresponding Registry of Overseas Absentee Voters and place the same, properly marked and dated in indelible ink, in the inactive file after entering the cause or causes of deactivation:

a.      Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence as certified by the clerks of courts of the Municipal/ Municipal Circuit / Metropolitan/Regional Trial Courts and the Sandiganbayan;

b.      Any person who has been adjudged by final judgment by a competent court or tribunal of having caused/committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law; Provided, That he shall regain his right to vote automatically upon expiration of five (5) years after service of sentence;

c.       Any person declared by competent authority to be insane or incompetent unless such disqualification has been subsequently removed by a declaration of a proper authority that such person is no longer insane or incompetent;

d.