QuestionsQuestions (Republic Act No. 9189)
RA 9189 is known as the “Overseas Absentee Voting Act of 2003.” The policy of the State is to provide an honest and orderly system that upholds the secrecy and sanctity of the ballot and ensures equal opportunity to qualified overseas Filipinos abroad.
They are Philippine citizens qualified to register and vote under the Act, not otherwise disqualified, who are abroad on the day of elections, and are at least 18 years old on that day.
Overseas absentee voters may vote for President, Vice-President, Senators, and party-list representatives.
Disqualifications include: (1) loss of Filipino citizenship; (2) express renunciation and pledge of allegiance to a foreign country; (3) conviction by final judgment for an offense punishable by at least one (1) year imprisonment, including disloyalty (Art. 137 RPC), subject to restoration after five (5) years from service of sentence; (4) immigrant/permanent resident status in host country unless an affidavit is executed to resume actual physical permanent residence in the Philippines within three (3) years and not applying for citizenship elsewhere; and (5) prior declaration of insanity/incompetence unless later certified as no longer insane/incompetent.
Registration as an overseas absentee voter must be done in person (Section 6).
Applications must be filed not later than 280 calendar days before the day of elections (Section 6).
Upon receipt, the Election Officer sets the application for hearing. Notice must be posted in a conspicuous place in the city/municipal premises of the applicant’s stated residence for at least one (1) week before the hearing date. Copies of the application are furnished to designated representatives of political parties and other accredited groups.
It must decide within one (1) week from the date of hearing and without waiting for the quarterly meeting of the Board (Section 6.2).
The applicant has five (5) days from receipt of notice of disapproval to file a petition for inclusion with the proper municipal/metropolitan trial court, which must be decided within five (5) days after filing based on submitted documents (Section 6.7).
Required documents include: (1) a valid Philippine passport, or DFA certification for passport issuance sufficiency; (2) an accomplished registration form with mandatory information (last known Philippine residence before departure, foreign address/forwarding address for seafarers, mailing address where voting by mail is allowed, and name/address of authorized representative in the Philippines); and (3) for immigrants/permanent residents, an affidavit of intention to resume actual physical permanent residence in the Philippines within three (3) years and that they have not applied for citizenship in another country.
It is the consolidated list maintained by the Commission of overseas absentee voters whose applications have been approved. Entries and annotations are permanent and can only be removed/amended in two cases: (1) upon an oath letter requesting removal or transfer to the regular voters list; or (2) when the overseas absentee voter’s name is ordered removed due to failure to vote for two (2) consecutive national elections.
Approved overseas absentee voters must file a sworn written application to vote in a form prescribed by the Commission with the authorized embassy/consulate/foreign service establishment. The authorized officer transmits the application to the Commission within five (5) days from receipt. The application may be done personally or by mail to the embassy/consulate with jurisdiction over the voter’s indicated address.
Applications are acted upon by the Commission upon receipt but not later than 150 days before election day. If disapproved, the voter may file a Motion for Reconsideration within 10 days from receipt; the Commission must act within 5 days from receipt of the motion. The Commission’s decision is final and executory (Section 12).
Upon receipt of ballots and paraphernalia, the embassies/consulates make them available during the 30 days before election day. The voter must fill out the ballot personally, in secret, and without leaving the premises. The voter casts the ballot upon presentation of the absentee voter identification card within the 30-day period (or up to 60 days for seafarers as provided in IRG). The voter’s accomplished ballot is placed unopened inside sealed containers kept securely.
For May 2004, the Commission authorizes voting by mail in not more than three (3) countries, subject to Congressional Oversight Committee approval. Thereafter, voting by mail in any country requires review and approval by the Joint Congressional Oversight Committee. Conditions include: (1) fairly well-developed and secure mailing system preventing fraud; (2) a technically established identification system to preclude multiple/proxy voting; and (3) adequate and well-secured reception/custody of mailed ballots at Philippine embassies/consulates.
Counting and canvassing are conducted on site in the country where votes were actually cast. The opening of specially-marked envelopes and counting/ canvassing occurs within embassy/consulate premises or other designated places. Counting start abroad is synchronized with the start in the Philippines.
Among others: influencing voters to vote or not vote; depriving a person of rights secured by the Act or giving false information for eligibility; conspiring or paying/accepting payment for application or voting; tampering with ballots or election returns; stealing/destroying/concealing/mutilating/altering records; refusal by deputized agents to perform sworn duties; posting or distributing information materials without Commission approval; unauthorized movement of foreign service corps members; deputized persons campaigning/assisting candidates; and non-citizens participating in the Philippine political process abroad.
Prohibited acts are electoral offenses punishable in the Philippines, using the penalties under Section 264 of the Omnibus Election Code as amended. For Section 24.3 (tampering with ballot/mail/election returns), “prision mayor in its minimum period” applies without the benefit of the Indeterminate Sentence Law; if the offender is a public officer or a candidate, “prision mayor in its maximum period” applies, plus perpetual disqualification and deprivation of the right to vote.