RESOLUTION No. 6117

      Art. 7. Who may apply. - All citizens of the Philippines abroad, at least eighteen (18) years of age on the day of the election, not otherwise disqualified under the immediately succeeding Article, and who are not registered as a voter under Republic Act No. 8189, otherwise known as "The Voters Registration Act of 1996", (system of continuing registration) may apply for registration as overseas absentee voter in the manner and procedure prescribed below.

      Art. 8. Who are disqualified. - The following are disqualified from registering as overseas absentee voter:

1. Those who have lost their Philippine citizenship in accordance with Philippine laws;
   
   
2. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country;
   
   
3. Those who have been convicted by final judgment of a court or tribunal of an offense punishable by imprisonment of not less than one year, unless such disability has been removed by plenary pardon or amnesty;
   
   
4. Those who have been found guilty by final judgment of Disloyalty as defined under Article 137 of the Revised Penal Code, unless such disability has been removed by plenary pardon or amnesty;
   
   
5. An immigrant or a permanent resident who is recognized as such in the host country, unless he/she executes upon filing of an application for registration as overseas absentee voter, an affidavit declaring that:
   
   
   1. He/she shall resume actual physical permanent residence in the Philippines not later than three (3) years from approval of his/her registration; and
      
      
   2. He/she has not applied for citizenship in another country;
   
   
6. The name of an immigrant or a permanent resident who fails to return or makes a misrepresentation in his/her affidavit as to his/her application for citizenship in another country shall be removed from the National Registry of Absentee Voters and he/she shall be permanently disqualified to vote in absentia.
   
   
7. Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad, as verified by the Philippine embassy, consulate or foreign service establishment concerned, unless such competent authority subsequently certifies that such person is no longer insane or incompetent; and
   
   
8. (Persons disqualified under paragraphs (c) and (d) hereof who have not been granted plenary pardon or amnesty shall automatically acquire or reacquire the right to vote as an overseas absentee voter upon the expiration of five (5) years after service of sentence.)

      Art. 9. Manner of Registration. - Application for registration as overseas absentee voter shall be filed personally by the applicant, as follows:

1. For qualified Filipinos already abroad, with the representative of the Commission at the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction over the locality where he/she temporarily resides; in case of qualified seafarers, with the representative of the Commission at the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction over the locality where his/her vessel is docked during the registration period.
   
   
2. For qualified Filipinos who will be abroad on election day, with the Election Registration Board (the "ERB") of the city/municipality/district where he/she is domiciled prior to his/her departure from the Philippines, or with the Committee on Overseas Absentee Voting (the "Committee") in case of qualified seafarers.

      Art 10. Period to file application for registration. - For purposes of the May 10, 2004 elections, all applications for registration as overseas absentee voters shall be filed from July 1, 2003 up to September 30, 2003.

      For succeeding elections, the Commission shall provide for the period within which applications to register must be filed.

      Art. 11. Registration procedure. -

1. For applications filed before the Philippine embassies, consulates and other foreign service establishments. An applicant for registration shall:
   
   
   1. personally appear before the representative of the Commission at the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction over the locality where he/she temporarily resides;
      
      
   2. present his/her valid Philippine passport;
      
      
   3. accomplish the prescribed application form; and
      
      
   4. submit the accomplished application form with a photocopy of his/her passport.

      (The application forms may be downloaded from the websites of the Commission and the DFA or secured from the Philippine embassies, consulates and other foreign service establishments.)

         In case of a qualified seafarer, he/she may file his/her application with the representative of the Commission at the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction over the locality where his/her vessel is docked during the registration period. In addition, a seafarer must also submit a photocopy of his/her Seaman's Book or any other document that will prove that he/she is a seafarer, as defined in Article 3 (v) of these Rules.
   
         The DFA shall, through its foreign service post, verify the validity and authenticity of the passport and the correctness of the photocopies of the pages thereof submitted by the applicant. Upon confirmation of the passport's validity and authenticity, as well as the correctness of the photocopy, the representative of the Commission shall return the passport to the applicant and certify that the submitted photocopy is a true and correct copy of the original. The authenticated photocopy shall form part of the application for registration that the embassies, consulates and other foreign service establishments shall transmit to the Commission through the Committee.
   
         The representative of the Commission shall not issue the required certification to any applicant using a passport under an "assumed name".
   
         If an applicant cannot present a valid passport for reasons other than its loss or temporary unavailability, the applicant shall present substitute documents that the consular officer at the post shall require such as the applicant's expired passport, duly authenticated birth certificate from the National Statistics Office, residency card, employment card/permit and local Identification Card issued by the host country. If the consular officer at the post finds the substitute documents valid and sufficient, it shall issue a certification that it has reviewed the submitted documents and found them sufficient to warrant the issuance of a passport. The applicant, if he or she chooses, may opt to apply for a new passport on the basis of the submitted documents, paying the appropriate fees therefor.
   
         In case of loss of or the applicant's temporary inability to produce his/her valid passport, the applicant shall execute and submit an authenticated affidavit sufficiently describing the lost or unavailable passport, attaching a photocopy of its relevant pages, if available; and stating the circumstances of the loss or the reason/s for the temporary inability to produce the passport. The consular officer at the post shall require the substitute documents mentioned in the immediately preceding paragraph to establish the applicant's citizenship, immigration status and identity. In case of loss, the applicant may choose to secure a new passport, paying the appropriate fees therefor.
   
         In case an applicant fails to submit the documentary requirements of this Article on the same day that he or she submitted the application for registration, he or she must personally submit the supporting documents on the day specified by the embassy, consulate and other foreign service establishment concerned.
   
         Once the applicant's citizenship, immigration status and identity have been established, the representative of the Commission shall:

   
   
   1. encode the last name, first name and middle name of the applicant; and
      
      
   2. digitally capture the applicant's photograph, signature, fingerprint and other demographic data, as may be required by the Commission;

         The registration process is deemed complete upon submission of the applicant's duly accomplished application form, supporting documents, including the certifications that the DFA may need to issue, and after the digital capture of his/her biometrics.
   
         The representative of the Commission shall then scan the accomplished application form, page of the passport containing the applicant's signature and photograph and, in the case of seafarers, the page of the seaman's book containing the applicant's signature and photograph.
   
         Within five (5) days from completion of the registration process by an applicant, the embassy, consulate and other foreign service establishment concerned shall transmit electronically the applicant's scanned documents in digital form together with his/her captured biometrics to the Commission.
   
         The Commission shall:

   
   
   1. print an applicant's scanned documents in digital form;
      
      
   2. encode the data contained in the applicant's scanned application form in the database containing the applicant's biometrics;
      
      
   3. print one copy of the applicant's registration form containing his/her photograph, thumbprint, signature and other personal information;
      
      
   4. forward the printed registration form within three (3) days from receipt to the city/municipal Election Officers concerned through the fastest means available.
   
   
   
2. For applications filed before the Election Registration Board. - An applicant for registration shall:
   
   
   1. personally appear before the Election Officer of the city/municipality where he/she is domiciled prior to his/her departure from the Philippines; or in case of a qualified seafarer, he/she may personally appear before the Committee.
      
      
   2. present his/her valid Philippine passport;
      
      
   3. accomplish the prescribed application form; and
      
      
   4. submit the accomplished application form with a photocopy of his/her passport; in case of a qualified seafarer, he/she must also submit a photocopy of his/her Seaman's book or any other document that will prove that he/she is a seafarer, as defined in Article 3 (v) of these Rules.

      (The application forms may be downloaded from the websites of the Commission and the DFA or secured from the Commission or the Office of the Election Officer.)

         The Election Officer shall:

   
   
   1. encode in the database the data contained in the application form;
      
      
   2. digitally capture the applicant's photograph, signature, fingerprint and other demographic data, as may be required by the Commission; and
      
      
   3. print one copy of the applicant's registration form containing his/her photograph, thumbprint, signature and other personal information.

         For applications filed before the Committee by qualified seafarers, the Committee shall:

   
   
   1. encode in the database the data contained in the application form;
      
      
   2. digitally capture the applicant's photograph, signature, fingerprint and other demographic data, as may be required by the Commission;
      
      
   3. print one copy of the applicant's registration form containing his/her photograph, thumbprint, signature and other personal information; and
      
      
   4. forward the printed registration form within three (3) days from filing to the city/municipal Election Officers concerned through the fastest means available.
   
   
   
3. In both cases. - The Election Officer shall, upon receipt of the applications, immediately:
   
   
   1. Set the applications for hearing on a date, which shall be at least one (1) week from the date of posting of the notice of hearing;
      
      
   2. Prepare the notice of hearing thereof;
      
      
   3. Post the notice of hearing in a conspicuous place in the premises of the city or municipal and barangay building of the applicant's domicile as stated in the application form at least one (1) week before the date of the hearing;
      
      
   4. Furnish copies of the applications to the designated representatives of political parties and accredited citizens' arms in the city or municipality. For this purpose, the heads of the six (6) major political parties as determined by the Commission in the immediately preceding national elections and each accredited citizens' arms shall submit to the Commission not later than May 31, 2003, the names of their respective representatives in each city or municipality;
      
      
   5. Verify whether the applicant is actually a resident of the address as appearing in his/her application for registration; and
      
      
   6. Prepare a written report on the result of the verification and submit the same to the ERB.
   
   
   
4. Objections to the applications. - Any interested party may file a verified objection to the application on or before the date set for the hearing of the said application.

         If an objection is filed, the Election Officer shall immediately notify the applicant or his/her authorized representative of the said objection personally or by registered mail, together with copies of the objection and the documents submitted in support thereof, if any. The applicant or his/her authorized representative shall, within five (5) days from receipt of the copy of the objection, file by registered mail an answer that clearly states his/her defenses and is duly sworn before any officer authorized to administer oath.
   
         For this purpose, the date postmarked in the envelope containing the answer shall be considered as the date of the filing.
   
         Once the answer is filed, or upon the lapse of the period for filing an answer, the Election Officer shall immediately forward the application to the ERB for decision.
   
         The Election Officer shall likewise immediately forward the application to the ERB for decision if no objection was filed on the date of the hearing.
   
   
   

5. Hearings. - For purposes of the Overseas Absentee Voting Act of 2003, the ERB shall hear the applications once a month, provided, that the notice of hearing is posted at least a one (1) week before the date of hearing.

         In connection with the May 10, 2004 elections, the last hearing date shall not be later than October 24, 2003.
   
   
   

6. Period to approve or disapprove applications. - If no verified objection is filed and the applicant is qualified, the ERB shall approve the application. If no verified objection is filed but the applicant is not qualified, the ERB shall disapprove the application. In both cases, the ERB shall meet to approve or disapprove the applications within one (1) week from the date of the hearing.

         If a verified objection is filed, the ERB shall approve or disapprove the application at any time during the subsequent meeting(s) of the ERB but not later than November 8, 2003. The ERB shall base its decision on the merits of the objection, the answer, if any, and all other documents submitted by the objecting party and the applicant.
   
   
   

7. Notice of approval or disapproval of application. - Within three (3) days from the approval or disapproval of the application, the Election Officer shall send a notice of approval/disapproval to the applicant or his/her authorized representative by personal delivery or by registered mail. In addition, the Election Officer shall, on the day following the approval/disapproval of applications, post the list of the names of those whose applications have been approved/disapproved in a conspicuous place in the premises of the city or municipal and barangay building of the applicant's residence as stated in the application form. On the same day, the Election Officer shall also transmit the said list, together with the diskette containing the database thereof, to the Commission through electronic means.

         After each meeting of the ERB for the approval/disapproval of applications for registration, the Election Officer shall also prepare a progress report for submission to the Registration Division of the Elections and Barangay Affairs Department (EBAD) of the Commission, which, in turn, shall provide the Commission with a regular update of the data received. The progress report shall indicate the number of approved/disapproved applications; the names of the applicants with approved/disapproved applications and such other data as may be required by the Commission in the prescribed form. In case of approval, the Election Officer shall issue a Certificate of Registration to the applicant.