RESOLUTION No. 6117

      The Commission on Elections, pursuant to the authority vested in it under Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of 2003", RESOLVED to promulgate, as it hereby promulgates, the following rules and regulations implementing The Overseas Absentee Voting Act of 2003.

      Article 1. Title. - These Rules shall be known and cited as "The Rules and Regulations Implementing the Overseas Absentee Voting Act of 2003."

      Art. 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.

      Art. 3. Meaning of words. - As used in these Rules:

1. Application for Registration/Certification As Overseas Absentee Voter and Application To Vote In Absentia refers to the form prescribed by the Commission to be used by an overseas absentee voter in applying either for:
   
   
   1. registration as an overseas absentee voter and to vote in absentia if he is not yet a registered voter under Republic Act No. 8189, otherwise known as "The Voters Registration Act of 1996" (the system of continuing registration); or
      
      
   2. certification as overseas absentee voter and to vote in absentia if he already registered under the said Act;
   
   
2. Certificate of Registration refers to the document issued by the Election Registration Board through the Election Officer to all applicants whose applications for registration or for certification as overseas absentee voter have been approved;
   
   
3. Certified List of Overseas Absentee Voters refers to the list, as approved by the Commission in an En Banc resolution, of registered overseas absentee voters whose applications to vote in absentia have been approved and prepared by the Committee on Overseas Absentee Voting on a country by country basis;
   
   
4. Commission refers to the Commission on Elections;
   
   
5. Committee on Overseas Absentee Voting refers to the Committee created under Republic Act No. 8189, otherwise known as "The Overseas Absentee Voting Act of 2003";
   
   
6. Day of Election refers to the actual date of the elections in the Philippines;
   
   
7. Domicile denotes a fixed permanent residence to which, when absent, one has the intention of returning;
   
   
8. Election Officer refers to the highest official or authorized representative of the Commission in a city or municipality in the Philippines;
   
   
9. Election Registration Board refers to the body constituted under Republic Act No. 8189, otherwise known as "The Voters Registration Act of 1996", (system of continuing registration) to act on all applications for registration, and on all applications for registration or certification as overseas absentee voters under the Overseas Absentee Voting Act of 2003;
   
   
10. Municipal/City/District Registry of Absentee Voters 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, otherwise known as "The Voters Registration Act of 1996", (system of continuing registration) who applied for certification as overseas absentee voters, have been approved by the Election Registration Board;
    
    
11. National Registry of Absentee Voters refers to the consolidated list prepared, approved and maintained by the Commission, of overseas absentee voters whose applications for registration as absentee voters, including those registered voters under Republic Act No. 8189, otherwise known as "The Voters Registration Act of 1996", (system of continuing registration) who applied for certification as overseas absentee voters, have been approved by the Election Registration Board;
    
    
12. Overseas Absentee Voter refers to a citizen of the Philippines who is qualified to register and vote under the Overseas Absentee Voting Act of 2003, not otherwise disqualified by law, who is abroad on the day of the elections;
    
    
13. Overseas Absentee Voting refers to the process by which qualified citizens of the Philippines abroad exercise their right to vote;
    
    
14. Overseas Absentee Voting Book of Voters refers to the compilation of all Overseas Absentee Voter Registration Records in a country or in a smaller unit in a given country;
    
    
15. Overseas Absentee Voting Certificate of Canvass refers to a document containing, among others, the number of voters qualified to vote in absentia, the number of voters who actually voted and the total votes obtained by each candidate in a country;
    
    
16. Overseas Absentee Voting Election Returns refers to a document showing the date of the election, the country in which it is held, the number of voters qualified to vote in absentia, the number of voters who actually voted and the votes obtained by each candidate in an Overseas Absentee Voting Precinct;
    
    
17. Overseas Absentee Voting Precinct refers to a country or a smaller territorial unit in a given country designated by the Commission taking into consideration the presence of consular offices and the number of overseas absentee voters under the jurisdiction of each consular office. For purposes of assignment of voters for the counting and printing of the Overseas Absentee Voting Election Returns, an Overseas Absentee Voting Precinct shall be composed of not more than 4,000 overseas absentee voters, in case of automated counting, or 500 overseas absentee voters, in case of manual counting.
    
    
18. Overseas Absentee Voter Registration Record refers to the document containing the approval of an overseas absentee voter's
    
    
    1. application for registration as overseas absentee voter and application to vote in absentia, by the Election Registration Board and the Committee on Overseas Absentee Voting, respectively; or
       
       
    2. application for certification as overseas absentee voter and application to vote in absentia, by the Election Registration Board and the Committee on Overseas Absentee Voting, respectively;
    
    
19. Overseas Absentee Voting Statement of Votes by Precinct refers to a document containing the number of voters qualified to vote in absentia, the number of voters who actually voted and the votes obtained by all candidates in each Overseas Absentee Voting Precinct in a particular country;
    
    
20. Registered Overseas Absentee Voter refers to one whose application for registration or for certification as absentee voter has been approved by the Election Registration Board under the Overseas Absentee Voting Act of 2003 and these Rules;
    
    
21. Representative of the Commission refers to the officials and employees of the foreign service corps, including the Filipino contractual employees that the embassies, consulates and other foreign service establishments may locally hire at the host country, deputized by the Commission pursuant to the Overseas Absentee Voting Act of 2003 and these Rules;
    
    
22. Seafarers refers to ship officers and ratings manning ships, including offshore workers, service providers and fishermen, as defined in the Revised Rules on the Issuance of Seafarer's Identification and Record Book of the Maritime Industry Authority;
    
    
23. Special Ballot Reception and Custody Group refers to the group deputized by the Commission to receive and take custody of all accountable and non-accountable election forms, supplies and paraphernalia sent by the Committee on Overseas Absentee Voting;
    
    
24. Special Board of Canvassers refers to the body deputized by the Commission to canvass the Overseas Absentee Voting Election Returns submitted to it by the Special Board of Election Inspectors;
    
    
25. Special Board of Election Inspectors refers to the body deputized by the Commission to conduct the voting and counting of votes;
    
    
26. Supervisory teams refer to officials and employees of the Commission designated by the Commission to control, supervise and ensure the implementation of the Overseas Absentee Voting Act of 2003 and these Rules. Such supervisory teams shall be headed by the Commissioners or career officers of the Commission; and
    
    
27. Voting period refers to any time within thirty (30) days before the actual date of the elections in the Philippines, including the day of election. In case of seafarers, the voting period shall be at any time within sixty (60) days before the actual date of the elections in the Philippines, including the day of election.

      Art. 4. Coverage. - All citizens of the Philippines abroad, not otherwise disqualified by law, at least eighteen (18) years of age on the day of the election, and a registered overseas absentee voter with an approved application to vote in absentia, may vote for President, Vice-President, Senators and Party-List Representatives.

      Art. 5. Requirements to become an Overseas Absentee Voter. - All qualified Filipino citizens who are not registered as a voter under Republic Act No. 8189, otherwise known as "The Voters Registration Act of 1996", (the system of continuing registration) shall file an application for registration while those who are already registered as a voter under the said Act shall file an application for certification.

      In both cases, only those whose applications for registration or certification have been approved are qualified to file an application to vote in absentia, and only those with approved applications to vote in absentia shall be allowed to vote for President, Vice-President, Senators and Party-List Representatives.

      Art. 6. Publication and posting of notice of registration and election. - At least six (6) months before the start of the filing of applications for registration, the Commission shall, through the Philippine embassies, consulates and other foreign service establishments, publish once a month in a newspaper of general circulation, or in local Filipino newspapers of wide circulation, in countries with not less than 5,000 Filipinos, the date, place and time of the holding of a regular or special national elections and the requirements for the participation of qualified Filipino citizens abroad.

      In addition, the Commission and the Department of Foreign Affairs (the "DFA") shall post the said notice of registration and election in their respective websites.

      For purposes of the May 10, 2004 elections, publication and posting of the notice of registration and election shall be made not later than June 15, 2003.