RESOLUTION No. 6117

      Art. 12. Who may apply. - All citizens of the Philippines abroad, not otherwise disqualified, and who are registered voters under Republic Act No. 8189, otherwise known as "The Voters Registration Act of 1996", (system of continuing registration) may apply for certification as overseas absentee voter in the manner and procedure prescribed below.

      Art. 13. Who are disqualified to apply for certification as overseas absentee voters. - Persons who are disqualified to register as absentee voters under Article 8 of these Rules are also disqualified from applying for certification as overseas absentee voter.

      Art. 14. Manner, period and procedure for the filing of applications for certification as overseas absentee voter. - The manner, period and procedure for the filing of application for certification as overseas absentee voter shall be as follows:

1. For qualified Filipinos already abroad, with the representative of the Commission at the Philippine embassy, consulate and other foreign service establishments 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 ERB of the city/municipality/district where he/she is domiciled prior to his/her departure from the Philippines, or with the Committee in case of qualified seafarers.

      For purposes of the May 10, 2004 elections, all applications for certification 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 for certification must be filed.

1. For applications filed before the Philippine embassies, consulates and other foreign service establishments - An applicant for certification as absentee voter 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 certification that the embassies, consulates and other foreign service establishments shall transmit to the Commission through the Committee.
   
         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.
   
         The representative of the Commission shall not issue the required certification to any applicant using a passport under an "assumed name".
   
         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 certification, 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 his/her scanned documents in digital form together with his/her captured biometrics, through the internet, to the Commission through the Committee.
   
         The Committee 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 certification 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; and
      
      
   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 the 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;
   
   
   
3. In both cases. - The Election Officer shall, upon receipt of the applications, immediately:
   
   
   1. Furnish copies of the applications to the designated representatives of the six (6) major political parties as determined by the Commission in the immediately preceding national election and each accredited citizens' arms in the city or municipality;
      
      
   2. Verify whether the applicant's name is included in the Computerized Voters' List (CVL) or whether his/her Voter Registration Record (VRR) is contained in the corresponding Book of Voters.
      
      
   3. If the applicant is a registered voter, the ERB shall approve the application for certification. If not, the ERB shall disapprove the application.
      
      
   4. On the day following the approval or disapproval of the applications for certification by the ERB, the Election Officer shall post the list of the names of those whose applications for certification have been approved or 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. The Election Officer shall also transmit electronically the said list, followed by the diskette containing the database thereof, to the Commission through the Committee, as back-up. In addition, the Election Officer shall, within three (3) days from approval/disapproval of the application, send a notice of approval/disapproval to the applicant or to his/her authorized representative by registered mail or by any other faster means of communication.
      
      
   5. In case of approval of the application, the Election Officer shall:
      
      
      1. make an annotation in the Computerized Voters' List (CVL) of the city/municipality and in the applicant's Voter Registration Record (VRR) that the said applicant has been registered as an Overseas Absentee Voter or will be voting as an Overseas Absentee Voter and
         
         
      2. issue a Certificate of Registration to the applicant.

         After each meeting of the ERB for the approval/disapproval of applications for certification, 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 such data. 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.
   
         For purposes of the May 10, 2004 elections, all applications for certification shall be acted upon by the ERB not later than October 31, 2003.