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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