Question & AnswerQ&A (Republic Act No. 9189)
The short title of Republic Act No. 9189 is 'The Overseas Absentee Voting Act of 2003.'
The primary policy objective is for the State to provide a system of honest and orderly overseas absentee voting that upholds the secrecy and sanctity of the ballot, ensuring equal opportunity for qualified Philippine citizens abroad to exercise this right.
Overseas absentee voters are citizens of the Philippines who are qualified to register and vote under the Act, not otherwise disqualified by law, and who are abroad on the day of elections.
Disqualifications include those who have lost Filipino citizenship, those who renounced citizenship and pledged allegiance to a foreign country, those convicted of offenses punishable by imprisonment of at least one year including disloyalty until five years after sentence served, immigrants/permanent residents who fail to resume permanent residence in the Philippines within three years, and those declared insane or incompetent by competent authorities.
Applicants must provide a valid Philippine passport or a certification from the Department of Foreign Affairs, an accomplished registration form with mandatory information such as last residence in the Philippines and address abroad, mailing address if voting by mail is applicable, and authorized representative in the Philippines. Immigrants and permanent residents must also submit an affidavit declaring intention to resume permanent residence in the Philippines within three years and not applying for other citizenship.
Registration must be done in person with the Election Registration Board of the city or municipality of the applicant's last domicile or at Philippine embassies or consulates abroad. The application undergoes verification, posting for objections, and hearing. If approved, a Certificate of Registration as an overseas absentee voter is issued. Appeals and petitions for inclusion or exclusion may be filed with the proper courts within specified periods.
It is a consolidated list maintained by the Commission on Elections containing approved applications of overseas absentee voters. It includes registered voters and certified absentee voters. Entries are permanent unless the voter requests removal or fails to vote in two consecutive national elections.
The Commission prints ballots in numbers not exceeding approved applications with security markings. Ballots and paraphernalia are transmitted by special pouch to embassies and consulates at least 75 days before elections. Authorized party representatives may inspect these materials. Unclaimed ballots are cancelled and returned to the Commission.
Voting can be done in person at designated embassies, consulates, or polling places within 30 days before elections, or by mail where authorized (starting with May 2004 elections in up to 3 countries). Seafarers may vote up to 60 days before elections. Only ballots received before the close of voting are counted.
Prohibited acts include influencing votes by government employees, giving false information for registration or voting, tampering with ballots or election returns, destroying election documents, refusing duties as deputized agents, unauthorized posting of election information materials, transferring foreign service officers without approval, campaigning by deputized organizations, and non-citizen participation in the political process abroad. Violators may face imprisonment, perpetual disqualification from office, and deprivation of voting rights.