Who may vote and who is disqualified
- Section 4 allows 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 to vote for President, Vice-President, Senators, and party-list representatives.
- Section 5 disqualifies from voting under the Act:
- Those who have lost Filipino citizenship in accordance with Philippine laws.
- Those who have expressly renounced Filipino citizenship and have pledged allegiance to a foreign country.
- Those convicted by final judgment for an offense punishable by imprisonment of not less than one (1) year, including those convicted of Disloyalty under Article 137 of the Revised Penal Code, unless disability is removed by plenary pardon or amnesty.
- Immigrants or permanent residents recognized as such in the host country, unless they execute upon registration an affidavit declaring they will resume actual physical permanent residence in the Philippines not later than three (3) years from approval and that they have not applied for citizenship in another country; failure to return causes removal of name from the National Registry of Absentee Voters and permanent disqualification to vote in absentia.
- Those previously declared insane or incompetent by competent authority in the Philippines or abroad, as verified by the concerned Philippine embassies, consulates, or foreign service establishments, unless the competent authority later certifies they are no longer insane or incompetent.
- Section 5 grants an automatic recovery of voting rights for those disqualified under the final judgment/conviction ground upon expiration of five (5) years after service of sentence.
- Section 5 allows the Commission to take cognizance of final judgments issued by foreign courts or tribunals only based on reciprocity and subject to the formalities and processes under the Rules of Court on execution of judgments.
Overseas absentee registration rules
- Section 6 requires that registration as an overseas absentee voter shall be done in person.
- Qualified citizens abroad who failed to register under Republic Act No. 8189 may personally apply with the Election Registration Board of their city or municipality of domicile immediately before departure, or with the Commission’s representative at Philippine embassies, consulates, and other foreign service establishments that have jurisdiction over their locality of temporary residence.
- The Commission may prescribe additional procedures for overseas absentee registration pursuant to Republic Act No. 8189, considering time zones and the periods/processes needed for proper implementation of the Act.
- Embassies/consulates/foreign service establishments must transmit accomplished registration forms to the Commission within five (5) days from receipt.
- The Commission must coordinate with the Election Officer of the city or municipality of the applicant’s stated residence for verification, hearing, and annotation in the permanent list of voters.
- Applications for the May, 2004 elections must be filed with the Commission no later than two hundred eighty (280) calendar days before the day of elections; for succeeding elections, the Commission must provide the filing period.
Hearing, objections, and court remedies
- Section 6.1 requires that upon receipt of the application, the Election Officer immediately sets the application for hearing; the notice must be posted in a conspicuous place in the applicant’s city or municipal building premises for at least one (1) week before the hearing.
- Section 6.1 requires the Election Officer to furnish a copy of the application immediately to designated representatives of political parties and other accredited groups.
- Section 6.2 requires approval procedure when there is no verified objection: the Election Officer forwards the application to the Election Registration Board, which decides within one (1) week from the date of hearing without waiting for quarterly meetings; the applicant is notified by registered mail of approval or disapproval.
- Section 6.3–6.4 governs when objections are filed:
- The Election Officer must notify the applicant by registered mail, enclosing copies of affidavits/documents submitted in support of the objection.
- The applicant may file a counter-affidavit by registered mail, sworn before an officer in the host country authorized to administer oaths.
- Approval/disapproval is based on the merits of the objection, counter-affidavit, and supporting documents.
- Section 6.5 requires issuance of a Certificate of Registration by the Commission to approved applicants, including those certified as registered voters; approved applications are included in the National Registry of Absentee Voters.
- Section 6.6 allows interested parties to file a petition for exclusion not later than two hundred ten (210) days before the day of elections with the proper municipal or metropolitan trial court, with decision within fifteen (15) days; if no decision is rendered within the period, the Election Registration Board’s ruling is considered affirmed.
- Section 6.7 allows an applicant whose registration is disapproved (or authorized representative) to file a petition for inclusion within five (5) days from receipt of notice of disapproval; the petition must be decided within five (5) days after filing.
Continuing registration and documentary requirements
- Section 7 requires the Commission to ensure overseas absentee voters receive the benefits of the system of continuing registration, using existing government facilities/personnel for data gathering, validation, dissemination, and facilitation.
- Section 7 authorizes use of pre-departure programs/services/mechanisms offered and administered by:
- Department of Foreign Affairs
- Department of Labor and Employment
- Philippine Overseas Employment Administration
- Overseas Workers’ Welfare Administration
- Commission on Filipinos Overseas
- and other appropriate agencies,
subject to limitations imposed by law.
- Section 8 requires every Filipino registrant to furnish:
- A valid Philippine passport; if none, a DFA certification that it reviewed submitted documents and found them sufficient to warrant issuance, or that the applicant holds a valid passport but cannot produce it for a valid reason.
- An accomplished registration form prescribed by the Commission containing:
- Last known residence in the Philippines before leaving
- Applicant’s abroad address (or forwarding address for seafarers)
- Mailing address outside the Philippines for voting by mail, where applicable
- Name and address of the applicant’s authorized representative in the Philippines for Section 6.7 and Section 12
- For immigrants/permanent residents not disqualified under the Act: an affidavit declaring intent to resume actual physical permanent residence in the Philippines not later than three (3) years after approval and stating they have not applied for citizenship in another country.
- Section 8 empowers the Commission to require additional data to facilitate registration and recording, but prohibits requesting information other than what is necessary to establish identity and qualification.
National registry, notice, and election preparation
- Section 9 requires the Commission to maintain a National Registry of Overseas Absentee Voters.
- Section 9 requires approved applications to be included in the permanent list of voters of the city or municipality of domicile with annotation that the person is registered or will vote as an overseas absentee voter.
- Section 9 provides that entries in the National Registry and corresponding annotations in the Certified Voters’ List are permanent and may be changed only when:
- The overseas absentee voter files a letter under oath to the Commission requesting removal from the Registry or transfer to the regular registry; or
- The Commission orders removal due to the overseas absentee voter’s failure to exercise the right to vote in two (2) consecutive national elections.
- Section 10 requires the Commission, through embassies/consulates/foreign service establishments, to publish the place, date, and time of regular or special national elections and requirements for overseas citizens’ participation at least six (6) months before the filing of registration applications.
- Section 10 directs the Commission to determine countries where publication occurs and frequency, based on the number of overseas Filipinos present, and requires posting in the Commission and Department of Foreign Affairs websites.
- Section 13 requires the Commission to prepare the Certified List of Overseas Absentee Voters within one hundred twenty (120) days before every election and furnish copies to embassies/consulates for posting on bulletin boards within ten (10) days from receipt.
- Section 13 provides that candidates, political parties, accredited citizens’ arms, interested persons, and embassies/consulates/foreign service establishments shall be furnished copies subject to reasonable regulation and payment of fees fixed by the Commission.
Voting in absentia, ID cards, ballots, and counting
Section 11 requires every approved registrant (including those previously registered under Republic Act No. 8189) to file in every national election a sworn written application to vote to the authorized embassy/consulate/foreign service establishment officer in a Commission-prescribed form.
Section 11 requires the authorized officer to transmit the application to the Commission within five (5) days from receipt.
Section 11 requires triplicate accomplishment of the application form, submitted with a photocopy of the overseas absentee voter certificate of registration.
Section 11 allows applications to vote in absentia to be done personally or by mail to the embassy/consulate/foreign service establishment that has jurisdiction over the country where the voter indicated address for election purposes.
Section 11 requires consular and diplomatic services connected with overseas absentee voting to be made available at no cost to overseas absentee voters.
Section 12 requires the Commission to act on applications upon receipt but not later than one hundred fifty (150) days before the day of elections.
Section 12 requires that disapproval notice be appealable by a Motion for Reconsideration filed personally or by registered mail within ten (10) days from receipt; the Commission must act within five (5) days from receipt; the Commission’s decision is final and executory.
Section 12 requires the issuance of an overseas absentee voter identification card to voters whose applications to vote are approved.
Section 14 mandates printing of ballots, voting instructions, and election forms in a number necessary, not exceeding the total number of approved applications, using security markings.
Section 14 requires presentation of ballots and election paraphernalia to authorized DFA representatives and accredited major political parties for scrutiny and inspection before transmittal abroad.
Section 14.3 requires transmittal by special pouch no later than seventy-five (75) days before election day of the exact number of ballots corresponding to approved applications, plus materials/paraphernalia needed to ensure secrecy and integrity.
Section 14.4 grants accredited major political party representatives the right to be present in printing, transmittal, and casting phases abroad; unclaimed ballots properly marked as such must be cancelled and shipped to the Commission by the least costly method.
Section 15 states that campaigning abroad, including limits on campaign spending, is governed by the laws and regulations applicable in the Philippines.
Section 16 governs ballot casting, custody, and reporting:
- Ballots/instructions/forms must be made available on embassy/consulate premises to qualified voters during the thirty (30) days before election day.
- A voter must fill out the ballot personally in secret without leaving the premises.
- A voter casts the ballot by presenting the identification card issued by the Commission; the ballot must be cast within thirty (30) days before election day, and for seafarers anytime within sixty (60) days as prescribed by the Implementing Rules and Guidelines.
- Completed ballots received are placed unopened inside sealed containers and kept in a secure place designated by the Commission.
- Embassies/consulates/foreign service establishments must keep records of received ballots; if voting by mail applies, they must also record names/addresses sent and proof of receipt; they must submit a formal report to the Commission and the Joint Congressional Oversight Committee within thirty (30) days from election day, including number cast/received, number of invalid and unclaimed ballots, and other pertinent data.
- A voter’s ballot is not counted if it is not inside the special envelope furnished at casting.
- Unclaimed ballots (personal voting) and returned ballots (mail voting) are cancelled and shipped to the Commission by the least costly method within six (6) months from election day.
- Only ballots cast and mailed ballots received in accordance with applicable rules before closing of voting on election day are counted; envelopes received after the prescribed period are not opened and are cancelled/shipped within six (6) months.
- The Commission must constitute a Special Ballot Reception and Custody Group composed of three (3) members to receive ballots and take custody preparatory to transmittal to Special Boards of Election Inspectors.
- Party/candidate/citizens’ arms representatives must be notified in writing and may witness proceedings during this phase.
- The Commission must study electronic mail/internet/secured networks for casting and submit a report to the Joint Congressional Oversight Committee.
Section 17 authorizes voting by mail:
- For May, 2004 elections, the Commission may authorize voting by mail in not more than three (3) countries subject to approval of the Congressional Oversight Committee.
- Voting by mail may be allowed in a country if the mailing system is fairly well-developed and secure to prevent fraud, there is a technically established identification system to preclude multiple/proxy voting, and embassy reception/custody is adequate and well-secured.
- Thereafter, voting by mail in any country requires review and approval of the Joint Congressional Oversight Committee.
- Mail ballots must be sent to the embassy/consulate/foreign service establishment with jurisdiction over the voter’s temporary residence country.
- The voter may cast at any time upon receipt, provided it is received before close of voting on election day.
- A mailed ballot is not counted unless transmitted in the special envelope furnished.
- Only mailed ballots received by the Philippine embassies/consulates/foreign service establishments before close of voting on election day are counted; envelopes received after the prescribed period are not opened and are cancelled/disposed of appropriately with a report to the Commission submitted no later than thirty (30) days from election day.
Section 18 requires on-site counting and canvassing:
- Counting and canvassing must occur on site in the country where votes were actually cast; opening and counting are done within embassy/consulate premises or other places designated by the Commission.
- The Commission must synchronize the start of counting in all polling places abroad with the start of counting in the Philippines.
- The Commission must constitute as many Special Boards of Election Inspectors as necessary, each composed of a Chairman and two (2) members (one as poll clerk).
- The ambassador or consul-general, or any career public officer posted abroad designated by the Commission, acts as chairman; if no such officer is available, the two members must be citizens of the Philippines qualified to vote under the Act and deputized by the Commission not later than sixty (60) days before election day.
- Special Board resolutions are valid only when approved by the chairman.
- After counting, Special Boards must transmit results via facsimile and/or electronic mail to the Commission in Manila and accredited major political parties immediately upon completion.
- Only ballots cast/received before close of voting on election day are included; those received afterward are not counted.
- The Commission must constitute a Special Board of Canvassers composed of:
- a lawyer, preferably of the Commission, as chairman,
- a senior career officer from any government agency maintaining a post abroad as vice-chairman, and
- in the absence of another government officer, a citizen qualified under the Act as member-secretary deputized by the Commission.
- Upon completion of canvassing, the chairman must transmit Certificates of Canvass and Statements of Votes to the Commission via facsimile, electronic mail, or other equally safe and reliable means, preserve them immediately after canvass, and make them available upon Commission instructions.
- Copies must be furnished to accredited major political parties and accredited citizens’ arms via facsimile, electronic mail, or other equally safe and secure means.
- Certificates and accompanying Statements of Votes transmitted through equally safe, secure and reliable means are the primary basis for the national canvass.
- Canvassing must not delay proclamation if the outcome will not be affected; the Commission may order proclamation despite unscheduled elections in one or more countries if voting therein has been rendered impossible by events and circumstances beyond Commission control or influence.
- The final national tally must reflect each country’s canvassed votes as a separate item.
- Returns for President and Vice-President prepared by Special Board of Canvassers are treated as a certificate of canvass of a city or a province.
- Where feasible, counting and canvassing may be automated; the Commission is authorized to borrow, rent, lease, or acquire automated voting machines for canvassing and counting in accordance with the Act and the Commission’s Implementing Rules and Regulations.
Commission powers, oversight, campaign info, and prohibited acts
Section 19 requires the Commission to issue necessary rules and regulations within sixty (60) days from the Act’s effectivity to implement the Act effectively.
Section 19 requires the Implementing Rules and Regulations to be submitted to the Joint Congressional Oversight Committee for prior approval.
Section 19 requires the Commission to coordinate with DFA, Department of Labor and Employment, Philippine Overseas Employment Administration, Overseas Workers’ Welfare Administration, and Commission on Filipinos Overseas; it must consult non-government organizations and accredited Filipino organizations or associations abroad.
Section 20 requires the Commission, with agencies concerned, to undertake an information campaign to educate the public on overseas absentee voting.
Section 20 allows the Commission to deputize Filipino organizations/associations overseas for information dissemination, but prohibits such deputized entities from participating in elections by campaigning for or fielding candidates.
Section 20 requires banning from participation in any manner at any stage of Philippine political process abroad any deputized organization/association found to have a member who is not a qualified overseas absentee voter.
Section 20 prohibits any government agency or accredited private organization from preparing, printing, distributing, or posting in websites information materials without prior Commission approval.
Section 21 provides that any person may access and/or copy registration records, voters lists, and other official records/documents at that person’s expense, subject to reasonable regulations by the Commission.
Section 22 mandates assistance by government officers/agencies to the Commission to the extent compatible with their primary responsibilities; they must take reasonable measures to expedite election activities required by the Commission.
Section 22 authorizes the Commission to send supervisory teams headed by career officers to assist embassies/consulates/foreign service establishments when necessary.
Section 23 requires the Commission to ensure secrecy and integrity of ballots at all stages of the electoral process.
Section 23 assigns responsibility to the Commission’s Committee on Absentee Voting for ensuring secrecy and sanctity of the absentee voting process.
Section 23 requires adoption of necessary practicable measures to allow representation/intervention of candidates, accredited major political parties, accredited citizens’ arms, and non-government organizations in appropriate cases to prevent fraud and coercion.
Section 23 prohibits transfer, promotion, extension, recall, or movement of foreign service corps officers (including attached agencies) one (1) year before and three (3) months after election day, except with Commission approval.
Section 24 makes the following prohibited acts electoral offenses punishable in the Philippines under Section 264 of the Omnibus Election Code, as amended:
- Any government officer/employee influencing or attempting to influence any person covered by the Act to vote or not vote for a particular candidate (free discussion of politics/candidates is not prohibited).
- Depriving any person of any right secured in the Act; giving false information about name, address, or period of residence for eligibility/ineligibility; conspiring to encourage false information; paying/offering to pay/accepting payment for application to vote in absentia or for voting.
- Tampering with ballots, the mail containing ballots for overseas absentee voters, election returns, including destruction, mutilation, and manipulation.
- Stealing, destroying, concealing, mutilating, or altering any required record/document/paper for purposes of the Act.
- Deputized agents refusing without justifiable ground to serve/continue serving or to comply with sworn duties after acceptance of appointment.
- Public officers/employees preparing/printing/distributing/posting information materials in websites without prior Commission approval.
- Causing transfer/promotion/extension/recall or movement of any foreign service corps member (including attached agencies) from one’s post one (1) year before and three (3) months after election day without prior Commission approval.
- Deputized persons campaigning for or assisting candidates in elections after being deputized for activities in implementation of the Act.
- Non-citizens participating directly or indirectly through qualified organizations/associations in any stage of Philippine political process abroad, including campaigning and elections.
Section 24 provides penalty tailoring:
- Prision mayor in its minimum period is imposed for Section 24.3 violations without the benefit of the Indeterminate Sentence Law.
- If the offender is a public officer or a candidate, prision mayor in its maximum period is imposed.
- In addition, offenders are sentenced to perpetual disqualification to hold public office and deprivation of the right to vote.
Section 24 penalizes immigrants and permanent residents who do not resume residence in the Philippines as promised in their affidavit under Section 5(d) within three (3) years after registration approval, but vote in the next elections contrary to that section:
- imprisonment of not less than one (1) year, and
- they are deemed disqualified as provided in Section 5(c).
- Their passport is stamped “not allowed to vote.”
Oversight, supplementary application, appropriations, and effectivity
- Section 25 creates a Joint Congressional Oversight Committee composed of:
- the Chairman of the Senate Committee on Constitutional Amendments, Revision of Codes and Laws,
- seven (7) other Senators designated by the Senate President,
- the Chairman of the House Committee on Suffrage and Electoral Reforms,
- and seven (7) other Members designated by the Speaker.
- Section 25 requires that, for each House’s seven (7) designees, four (4) come from the majority and three (3) from the minority.
- Section 25 gives the Committee power to monitor and evaluate implementation and to review, revise, amend, and approve the Commission’s Implementing Rules and Regulations.
- Section 26 provides that the Omnibus Election Code, as amended, and other election laws remain in full force and provide suppletory application to this Act where not in conflict.
- Section 27 grants the Commission exclusive charge of enforcement, administration, and implementation to ensure honest, orderly, peaceful, and free elections abroad.
- Section 28 requires Congress to complete a mandatory review within two (2) years following the May, 2004 elections to amend the Act to expand or restrict coverage/scope/application, improve procedures, and institute safeguards based on experience, technological advances, and structural political changes.
- Section 29 provides that the necessary amount for the Act’s implementation is covered in a supplemental budget or included in the General Appropriations Act of the year of enactment; thereafter, expenses for continued implementation are included in subsequent General Appropriations Acts.
- Section 30 provides a separability rule: if part or provision is declared unconstitutional or invalid, remaining provisions continue in full force and effect.
- Section 31 provides repeal/modification: all laws, presidential decrees, executive orders, rules and regulations, other issuances, and parts thereof inconsistent with the Act are repealed or modified accordingly.
- Section 32 provides effectivity: the Act takes effect fifteen (15) days following its publication in three (3) newspapers of general circulation.
- The Act was approved on February 13, 2003 (Republic Act No. 9189), establishing its operative rules for overseas absentee voting.