Section 7. Resident Election Registration Board. Duties and Functions:
The Resident Election Registration Boards (RERB), composed of three (3) senior staff members of the Committee on Overseas Absentee Voting
(COAV) headed by the Deputy Executive Director for Administration, with two (2) other members consisting of one lawyer and one senior
staff, shall have the following duties and functions:
7.1 The RERB shall process, approve or disapprove all application forms for registration or certification of overseas absentee
voters,
7.2 Upon receipt of the scanned/facsimile copies of 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.
7.3 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.
7.4 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.
7.5 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.
7.6 If the application has been approved, any interested party may file a petition for exclusion not later than two hundred ten
(210) days before the day of elections with the proper municipal or metropolitan trial court. The petition shall be decided within
fifteen (15) days after its filing on the basis of the documents submitted in connection therewith. Should the court fail to
render a decision within the prescribed period, the ruling of the RERB shall be considered affirmed. (previously under Section 6.6)
7.7 If the application has been disapproved, the applicant or his authorized representative shall, within a period of five (5)
days from receipt of the notice of disapproval, 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 cancel the name of the voter form the Certified Voters' List
and remove the Voter's Registration Records from the Book of Voters.
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.
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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 delivering the application forms from the Posts to the Central office, from the Central
Office to the field offices and vice-versa.
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