Title
Overseas Voting Act Amendments 2013
Law
Republic Act No. 10590
Decision Date
May 27, 2013
Republic Act No. 10590 amends the Overseas Voting Act to enhance the voting process for qualified Filipino citizens abroad, establishing clearer definitions, registration procedures, and the roles of various electoral bodies to ensure their participation in national elections.
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Definitions of Key Terms

  • Certified List of Overseas Voters (CLOV): List of approved overseas voters per country/post.
  • Commission: Commission on Elections (COMELEC).
  • Day of Election: Actual election date in the Philippines.
  • DFA Overseas Voting Secretariat (DFA-OVS): Assists the Office for Overseas Voting, oversees DFA's role.
  • Field Registration: Temporary registration at set locations without fees.
  • Mobile Registration: Registration activities outside posts during consular outreach.
  • Registry of Overseas Voters (ROV): Municipal/city/district list of approved overseas voters.
  • National Registry of Overseas Voters (NROV): Consolidated national list of approved overseas voters.
  • Office for Overseas Voting (OFOV): COMELEC office supervising implementation.
  • Overseas Voter: Qualified Filipino citizen abroad on election day.
  • Overseas Voting: Process of Filipino citizens abroad exercising suffrage.
  • Posts: Embassies, consulates, and government offices abroad with jurisdiction over voters.
  • Resident Election Registration Board (RERB): Board at posts and OFOV processing registration applications.
  • Seafarers: Ship personnel and offshore workers under Maritime Industry Authority rules.
  • Special Ballot Reception and Custody Group (SBRCG): Receives and safeguards election materials.
  • Special Board of Canvassers (SBOC): Deputized body canvassing overseas election returns.
  • Special Board of Election Inspectors (SBEI): Conducts voting and vote counting.
  • Voting Period: Continuous 30 days ending on election day including holidays.

Coverage of Overseas Voting

  • All Filipino citizens abroad aged 18 and above, not disqualified by law, may vote for the President, Vice-President, Senators, Party-List Representatives, and in national referenda and plebiscites.

Disqualifications from Registration and Voting

  • Loss of Filipino citizenship.
  • Express renunciation and allegiance to a foreign country, except under RA 9225.
  • Conviction by final judgment of offenses punishable by imprisonment of 1 year or more, with a 5-year voting disability period after sentence completion.
  • Declaration of insanity or incompetence unless certified restored.

Registration Procedures

  • Personal registration/status certification required at posts, designated centers, or in the Philippines.
  • Field and mobile registration encouraged for accessibility—no fees allowed.
  • Live biometric capture mandatory.
  • Approved applicants receive overseas voter ID cards.

Resident Election Registration Board (RERB)

  • Composed of DFA career official (Chairperson), senior official from DOLE or Philippine government agencies abroad, and a registered overseas voter.
  • Members appointed by COMELEC upon DFA-OVS recommendation.
  • No close relatives of certain elected officials allowed.
  • Members receive honoraria as set by the Department of Budget and Management.

RERB Duties and Functions

  • Publish applicant names and hearing schedules.
  • Notify political parties and concerned groups.
  • Decide on applications.
  • Inform applicants of disapproval with reasons.
  • Post approved applicant lists.
  • Manage deactivation of registrations.
  • Other related duties as provided by law.

Petition and Motion Procedures

  • Petition for exclusion filed by any interested party within 180 days before overseas voting period.
  • Motion for reconsideration by disapproved applicants within 5 days of notice.
  • Petition for inclusion available after denial of reconsideration.
  • Courts decide petitions and motions within specified timelines.
  • Previously registered voters under RA 8189 must apply for certification to be included in the National Registry.

Transfer of Registration

  • Overseas voters changing voting venues must apply for transfer at least 180 days before voting period.
  • Those voting in the Philippines must register locally as required.
  • Notification required for transfers back to the Philippines for record cancellation.

Continuing Registration System

  • Registration ongoing within 6 months post national elections.
  • Utilization of other government agencies’ facilities and mechanisms to support registration.
  • Pre-departure orientation seminars include voter education components.
  • POEA-required employment contracts to include suffrage rights.

Registration Requirements

  • Valid Philippine passport or certification by DFA if no passport.
  • Accomplished COMELEC registration form.
  • If applicable, original or certified copy of approval under RA 9225.
  • Registration data limited to identity and eligibility.

National Registry of Overseas Voters (NROV)

  • COMELEC maintains a national consolidated list showing posts where voters are registered.
  • Also maintains local registries per municipality, city or district.

Deactivation of Registration

  • Grounds for deactivation:
    • Final conviction for imprisonment ≥ 1 year without pardon.
    • Declared insane or incompetent without subsequent restoration.
    • Failure to vote in 2 consecutive national elections.
    • Court-ordered exclusion.
  • Deactivations annotated in NROV and local registries.

Registration and Election Notice

  • COMELEC must publish election details and registration requirements 6 months before filing starts.
  • Publication frequency and location determined by overseas Filipino population.
  • Information posted on COMELEC and DFA websites.

Reactivation and Cancellation of Registration

  • Reactivation possible by sworn application proving grounds for deactivation no longer exist.
  • Cancellation for deceased voters or those proven to have lost citizenship.

Correction and Inclusion of Voters

  • Applications for name changes or correction of registration can be filed 90 days before voting period.
  • Reinstatement application allowed if name omitted inadvertently from registry.

Certified List of Overseas Voters (CLOV)

  • Prepared not later than 90 days before voting period.
  • Distributed electronically and in hard copy to posts.
  • Available to candidates, parties, citizen groups with possible fees except NGOs accredited for voter education.

Printing and Distribution of Ballots and Materials

  • Ballots printed with security markings, not exceeding approved applicants.
  • Representatives of DFA and parties inspect ballots before distribution.
  • Ballots transmitted by pouch at least 45 days before elections.
  • Parties have right to attend all stages of ballot handling.
  • Unclaimed ballots cancelled and returned to COMELEC.

Campaign Regulation Abroad

  • Philippine laws govern personal campaigning, materials, and spending.
  • All campaigning prohibited during the 30-day overseas voting period.

Modes of Voting

  • Voting may be done personally, by mail, or other approved methods per COMELEC guidelines.
  • OFOV in consultation with DFA-OVS decides voting modes per country/post.
  • Voting mode announcement made at least 120 days before voting period.

Casting and Submission of Ballots

  • Voting happens within 30 days before election day at posts or designated polling places.
  • Ballots cast personally, secretly, with valid ID presented.
  • Records of ballots kept carefully; unclaimed or returned ballots cancelled.
  • Special Ballot Reception and Custody Group manages ballot custody and transmittal.

Voting by Mail

  • Ballots sent back to posts before close of voting via special envelopes.
  • Late received ballots not counted and cancelled.

Voting Privileges of Election Officials Abroad

  • Government personnel performing election duties at posts may vote if registered.

On-Site Counting and Canvassing

  • Special Boards of Election Inspectors (SBEI) conduct and supervise vote counting.
  • Composition includes a Chair (chief of post) and two members, at least some may be deputized citizens.
  • Results transmitted electronically to COMELEC and accredited parties.
  • Special Boards of Canvassers (SBOC) canvass returns and send official certificates to COMELEC.
  • SBOC consists of the highest ranking officer, government official, and a deputized citizen member.

Exploration of Automated Election Systems

  • COMELEC authorized to explore efficient and secure voting technologies including electronic and internet-based methods.
  • Reports and recommendations submitted to the Joint Congressional Oversight Committee.

Procurement of Election Materials

  • COMELEC may procure necessary election materials and services locally or abroad, tax and duty-free per government rules.

Office for Overseas Voting (OFOV)

  • COMELEC authorized to establish OFOV for effective implementation.
  • Secretariat drawn from existing COMELEC personnel.

Department of Foreign Affairs Overseas Voting Secretariat (DFA-OVS)

  • Created to assist OFOV and coordinate DFA's role.
  • Secretariat drawn from existing DFA personnel.

Information Campaign

  • COMELEC coordinates public education on overseas voting with several government agencies.
  • Materials developed centrally and controlled for accuracy.

Assistance from Government Agencies

  • DFA, DOLE, DOTC, PPC, POEA, OWWA, and others to support implementation.
  • Consular services related to voting provided free of charge.

Security Measures

  • COMELEC to safeguard ballot secrecy and integrity throughout.
  • Measures for transparency involving candidate and NGO participation.
  • Restrictions on movement of foreign service officers starting 1 year before elections until 3 months after without COMELEC approval.

Prohibited Acts and Penalties

  • Prohibited acts include influencing votes, giving false info, ballot tampering, refusal to serve as election official, unauthorized materials, campaigning during voting period abroad, and participation by non-Filipinos.
  • Offenses punishable under the Omnibus Election Code.
  • Severe penalties for tampering, including minimum prision mayor and perpetual disqualification for public officers.

Joint Congressional Oversight Committee

  • Composed of Senate and House members designated by leaders.
  • Monitors and evaluates the Act’s implementation.

Appropriations

  • Funding included in annual budgets of COMELEC and DFA.

Rulemaking and Regulation

  • COMELEC to promulgate rules within 60 days coordinating with relevant agencies and consulting NGOs.

Amendments and Repeal

  • Amends certain provisions of RA 9189.
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