Question & AnswerQ&A (Republic Act No. 9189)
Republic Act No. 9189 is known as "The Overseas Absentee Voting Act of 2003."
The State's prime duty is to provide a system of honest and orderly overseas absentee voting that upholds the secrecy and sanctity of the ballot, ensuring equal opportunity to all qualified citizens abroad to exercise their right to vote.
All citizens of the Philippines abroad, who are at least eighteen (18) years old on the day of elections and not otherwise disqualified by law, may vote for president, vice-president, senators, and party-list representatives.
Disqualifications include those who have lost Filipino citizenship, those who renounced citizenship and pledged allegiance to another country, convicted persons of offenses punishable by imprisonment of one year or more (unless disability removed), immigrants or permanent residents who fail to resume residence in the Philippines within 3 years after registration, and those declared insane or incompetent unless certified otherwise.
Registration must be done in person either with the Election Registration Board of the city or municipality where the applicant was domiciled before departure, or with the Commission's representatives at Philippine embassies, consulates, or foreign service establishments.
A valid Philippine passport or a certification from the Department of Foreign Affairs, an accomplished registration form with mandatory information like last Philippine residence, address abroad, mailing address, and authorized representative details. Immigrants or permanent residents must also submit an affidavit of intention to resume permanent residence in the Philippines within three years.
It is a consolidated list maintained by the Commission on Elections of overseas absentee voters whose registration applications have been approved. It includes annotations in the permanent list of voters and can only be amended or canceled under specific conditions such as voluntary removal or failure to vote in two consecutive national elections.
Overseas absentee voters must cast their ballots personally at designated embassies, consulates, or accredited polling places within 30 days before election day (60 days for seafarers). Ballots must be filled out in secret within embassy premises and deposited in sealed containers for safekeeping and transmission.
Voting by mail is initially allowed in up to three countries where the mailing system is secure, has technical identification systems to prevent fraud, and has adequate custody systems. Subsequent expansions require Joint Congressional Oversight Committee approval. Ballots must be received by the embassy before the close of voting on election day to be counted.
Penalties include imprisonment up to prision mayor for tampering with ballots or election returns without benefit of Indeterminate Sentence Law, perpetual disqualification from holding public office, deprivation of the right to vote, and imprisonment of not less than one year for immigrants or permanent residents who vote without resuming residence as required. Public officers causing unauthorized campaign materials or personnel movements face additional sanctions.