Question & AnswerQ&A (Republic Act No. 10590)
The short title of the Act is "The Overseas Voting Act of 2013."
All citizens of the Philippines abroad who are not otherwise disqualified by law, and are at least eighteen (18) years of age on the day of elections, may vote for President, Vice-President, Senators, Party-List Representatives, national referenda and plebiscites.
Those disqualified include: (a) persons who lost Filipino citizenship; (b) those who renounced citizenship except those who reacquired or retained it under RA 9225; (c) persons convicted of offenses punishable by imprisonment of at least one year, unless five years have passed after service of sentence; and (d) persons previously declared insane or incompetent unless certified otherwise.
The RERB is composed of: (a) a career official of DFA as Chairperson; (b) the most senior officer from DOLE or any Philippine government agency abroad as member or designated official; (c) a registered overseas voter of known probity as member.
The RERB posts applications and hearing dates, notifies political parties, acts on applications, notifies disapproved applicants, posts approved lists, deactivates registration records, and performs other duties consistent with the Act.
The overseas voter must file an application for transfer with the OFOV at least 180 days prior to the overseas voting period. Those voting in the Philippines must register locally if not previously registered there. Transferees must notify OFOV when transferring back to the Philippines.
The CLOV is the approved list of registered overseas voters prepared by the Office for Overseas Voting on a country-by-country basis, which is approved by the Commission en banc and posted publicly.
Voting may be done personally, by mail, or by other means as the Commission determines. The Commission issues guidelines and designates countries for specific voting modes.
The Commission must ensure secrecy and integrity at all stages, adopt measures for transparency, allow candidate and NGO observation, prevent fraud and coercion, and restrict movement of foreign service corps officers before and after elections.
Penalties under Section 264 of the Omnibus Election Code apply, including prision mayor without the benefit of the Indeterminate Sentence Law for tampering with ballots. Public officers or candidates face maximum penalties plus perpetual disqualification from public office and loss of voting rights.
The OFOV oversees and supervises the effective implementation of the Overseas Voting Act, including registration, voting, and safeguarding the election process for overseas voters.
The Commission prepares the CLOV not later than 90 days before the overseas voting period, furnishes copies to posts, and posts it within 10 days of receipt at embassy bulletin boards or websites.
A valid Philippine passport or DFA certification of documents, accomplished registration form prescribed by the Commission, and for those under RA 9225, the original or certified true copy of their citizenship retention or reacquisition order or ID certificate.
They shall be cancelled and shipped to the Commission by the least costly method within six months from the day of elections without being opened.
Campaigning abroad is governed by Philippine laws, but all campaigning within the thirty (30)-day overseas voting period is prohibited.
A committee composed of designated Senators and Members of the House of Representatives tasked to monitor and evaluate the implementation of the Overseas Voting Act.