RESOLUTION No. 6117

      Art. 16. Petition for exclusion. - Any interested party may file a verified petition for the exclusion of a registered Overseas Absentee Voter from the Municipal/City/District Registry of Absentee Voters not later than one hundred seventy-five (175) calendar days before the day of the elections with the proper Municipal or Metropolitan Trial Court.

      For purposes of the May 10, 2004 elections, petitions for exclusion may be filed up to November 17, 2003.

      The court shall decide the petition 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 ERB shall be considered affirmed with finality.

      Art. 17. Petition for inclusion. - If the application is disapproved, the applicant or his/her authorized representative may, within five (5) days from receipt of the notice of disapproval, file a verified petition for inclusion of his/her name in the Municipal/City/District Registry of Absentee Voters with the proper Municipal or Metropolitan Trial Court.

      The court shall decide the petition within five (5) 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 ERB shall be considered affirmed with finality.

      Art. 18. Voters excluded from the National Registry of Absentee Voters through inadvertence or registered with an erroneous or misspelled name. - Any registered overseas absentee voter or his/her authorized representative, whose name has been inadvertently omitted, or whose name has been misspelled or written erroneously in the National Registry of Absentee Voters, may file with the Commission through the Committee an application for reinstatement or correction of his/her name not later than one hundred fifty (150) days before the day of the elections.

      For purposes of the May 10, 2004 elections, all application for reinstatement or correction of name shall be filed not later than December 12, 2003.

      Art. 19. Printing and distribution of Copies of the Overseas Absentee Voter Registration Record. - The Committee shall print and distribute the copies of the Overseas Absentee Voter Registration Record as follows:

1. First copy to the Office of the Election Officer;
   
   
2. Second copy to the Commission;
   
   
3. Third copy to the Office of the Provincial Election Supervisor; and
   
   
4. Fourth copy to the registered overseas absentee voter.

      The second copies for the Commission of the approved applications for registration/certifications shall be in the custody of the Registration Division of the Elections and Barangay Affairs Department (EBAD) of the Commission.

      Art. 20. Preparation of the Municipal/City/District Registry of Absentee Voters. - The Committee shall:

1. Prepare the list of all approved applications;
   
   
2. Provide copies of the Municipal/City/District Registry of Absentee Voters to:
   
   
   1. the Office of the Election Officer;
      
      
   2. the Commission ;
      
      
   3. the Office of the Provincial Election Supervisor; and
      
      
   4. the six (6) major political parties as determined by the Commission in the immediately preceding national elections and each accredited citizens' arms.

      Art. 21. Preparation of the National Registry of Absentee Voters. - The Committee shall prepare a National Registry of Absentee Voters by consolidating all the Municipal/City/District Registry of Absentee Voters not later than one hundred sixty-five (165) calendar days before the day of the elections.

      The Commission shall, through the Committee, furnish copies of the National Registry of Absentee Voters to the designated representatives of the six (6) major political parties as determined by the Commission in the immediately preceding national elections and each accredited citizens' arms.

      For purposes of the May 10, 2004 elections, the National Registry of Absentee Voters shall be prepared not later than November 27, 2003.

      Art. 22. Cancellation of entries or amendment of the National Registry of Absentee Voters. - The entries in the National Registry of Absentee Voters and the annotations as Overseas Absentee Voters in the Computerized Voters' List (CVL) shall be permanent, and cannot be cancelled or amended except in any of the following cases:

1. When the overseas absentee voter files a letter under oath addressed to the Commission that he/she wishes to be removed from the National Registry of Absentee Voters, or that his/her name be transferred to the regular registry of voters;
   
   
2. When an overseas absentee voter's name was ordered removed by the Commission from the National Registry of Absentee Voters for his/her failure to exercise his/her right to vote under the Overseas Absentee Voting Act of 2003 for two (2) consecutive national elections; and
   
   
3. When an immigrant or a permanent resident fails to return or makes a misrepresentation in his/her affidavit as to his/her application for citizenship in another country.

      In any case, the Commission shall issue an Order for the cancellation or removal of the name of the overseas absentee voter from the National Registry of Absentee Voters. Pursuant to the said Order, the Committee shall send a notice of cancellation or removal, attaching thereto a copy of the Order to the overseas absentee voter, copy furnished the ERB through the Election Officer. The Election Officer shall, on the basis of the said notice, remove the name of the overseas absentee voter from the Municipal/City/District Registry of Absentee Voters.

      Art. 23. Consular and diplomatic services rendered in connection with the Diplomatic Posts under the Overseas Absentee Voting Act of 2003. - The consular and diplomatic services rendered pursuant to the Overseas Absentee Voting Act of 2003, specifically:

1. the authentication of the photocopies of the valid passport;
   
   
2. the issuance of certifications by the DFA if the applicant has no valid passport, or if the valid passport is lost or is otherwise not available;
   
   
3. notarization of affidavit of loss or unavailability of a valid passport;
   
   
4. notarization of immigrant's affidavit and of the application for registration form; and
   
   
5. notarization of verified answer relating to objections, exclusions and inclusions from the voter's registry;

shall be provided by the embassies, consulates and other foreign service establishments at no cost to the overseas voter.

      All other diplomatic and consular services such as the issuance of a new passport and those for which fees may be charged as authorized by the Overseas Absentee Voting Act of 2003 and these Rules (such as photocopying of the Certified List of Overseas Absentee Voters and other records accessible to the public) shall be subject to the regular charges imposed by embassies, consulates and other foreign service establishments.