Law Summary
Definition of Key Terms
- Absentee Voting: Voting by qualified Filipinos abroad.
- Commission: Commission on Elections (COMELEC).
- Certified List: Approved registered overseas absentee voters per country.
- National Registry: Consolidated approved absentee voters list maintained by COMELEC.
- Overseas absentee voters: Qualified Filipinos abroad, at least 18 years old on election day, not disqualified by law.
Scope and Coverage
- Qualified Filipino citizens abroad, 18 years or older on election day, may vote for President, Vice-President, Senators, and Party-list representatives.
Disqualifications for Overseas Absentee Voting
- Loss or renunciation of Philippine citizenship.
- Conviction of offenses punished by imprisonment of one year or more, including disloyalty under Article 137 Rev. Penal Code.
- Immigrants/permanent residents unless affidavit shows intent to return permanently within 3 years.
- Declared insane or incompetent unless certified otherwise.
Personal Overseas Absentee Registration
- Registration must be done personally.
- Could register with city/municipality where last domiciled or embassy/consulate.
- Election Officer holds hearings on applications; objections allowed.
- Certification by COMELEC issues a Certificate of Registration; inclusion in registry.
- Court appeals allowed for disapproval or exclusion decisions.
- Special provisions for seafarers.
Continuing Registration System
- COMELEC to facilitate ongoing registration and data validation.
- Utilizes government agencies and programs related to Filipinos abroad.
Requirements for Registration
- Valid Philippine passport or substitute certification from DFA.
- Accomplished registration form with key info like last residence, abroad address, mailing address (if voting by mail), authorized representative.
- Affidavit for immigrants/permanent residents regarding return intent.
- No unnecessary personal information required.
National Registry of Overseas Absentee Voters
- Maintained by COMELEC.
- Entries permanent unless voters opt to transfer or fail to vote in two consecutive elections.
Notice of Registration and Election
- COMELEC publishes election data and registration info at least 6 months before filing.
- Information disseminated via newspapers and websites.
Application to Vote in Absentia
- Must file sworn application before election day through authorized diplomatic offices.
- May apply personally or via mail.
- Consular/diplomatic services related to voting provided free.
Verification, Approval, and Notification
- COMELEC acts on applications 150 days before elections.
- Disapproved voters may file Motion for Reconsideration within 10 days.
- Final decisions communicated promptly.
- Issuance of absentee voter ID cards upon approval.
Certified List Preparation and Access
- Prepared 120 days before elections.
- Copies posted at embassies, provided to political parties and groups on request.
Ballot Printing and Transmission
- Ballots and election materials printed in numbers not exceeding approved voters.
- Security markings implemented.
- Major political parties may inspect materials before transmission.
- Materials transmitted at least 75 days before elections.
Regulation on Campaigning Abroad
- Campaign materials and spending regulated per Philippine laws.
Casting and Submission of Ballots
- Ballots available 30 days before elections, 60 days for seafarers.
- Voting must be done personally at diplomatic posts or designated polling places.
- Ballots placed in sealed containers and securely stored.
- Records maintained on ballots received and sent.
- Late ballots discarded.
- Special Ballot Reception and Custody Group oversees handling.
- Authorized party representatives may witness procedures.
Voting by Mail
- Initially allowed in up to 3 countries with conditions on secure mailing and identification.
- Received ballots counted only if received before close of voting.
- Later expansions subject to Congressional oversight.
On-Site Counting and Canvassing
- Conducted within embassies, consulates, or designated places abroad.
- Synchronized start of counting with Philippine domestic counting.
- Special Boards of Election Inspectors established for counting.
- Election returns transmitted electronically to COMELEC and political parties.
- Special Board of Canvassers consolidates returns.
- Counting may be automated.
- Proclamation may proceed without results from some countries if elections are impossible.
Commission's Authority to Issue Rules
- COMELEC to issue implementing rules within 60 days.
- Coordination with government agencies and consultations with NGOs required.
Information Campaign
- COMELEC to educate public on overseas absentee voting.
- Assistance from government agencies and deputized Filipino organizations.
- Deputized organizations prohibited from political campaigning.
- All election information materials require COMELEC approval.
Access to Official Records
- Right of any person to access or copy registration and voters lists subject to reasonable regulation.
Assistance from Government Agencies
- Relevant government agencies tasked to assist COMELEC.
- Agencies to expedite election activities.
- Supervisory teams may be deployed.
Security Measures
- COMELEC responsible for ballot secrecy and integrity at all stages.
- Committee on Absentee Voting oversees security.
- Allow representation of parties/NGOs to prevent fraud/coercion.
- Restrictions on foreign service personnel transfers near elections.
Prohibited Acts and Penalties
- Illegal influence by government officers on voting.
- Deprivation of rights or giving false registration info.
- Tampering with ballots, mail, returns.
- Theft, destruction, or alteration of election documents.
- Refusal by deputized agents to serve.
- Unauthorized distribution of election info material.
- Unauthorized personnel movements in foreign service corps.
- Deputized agents engaging in political campaigning.
- Non-Filipinos' participation in election processes prohibited.
- Penalties include imprisonment, disqualification from office, and loss of voting rights.
- Immigrants violating residency affidavits penalized.
Joint Congressional Oversight Committee
- Composition: Chairs and members from Senate and House.
- Monitors, evaluates Act implementation.
- Approves implementing rules.
Applicability of Other Election Laws
- Existing election laws apply unless inconsistent.
Enforcement and Administration
- COMELEC has exclusive charge over enforcement and implementation.
Mandatory Review
- Congress to review and possibly amend Act within two years after May 2004 elections.
Appropriations
- Funding to be provided in supplemental or general appropriations acts.
Separability and Repealing Clauses
- Invalid provisions do not affect remaining provisions.
- Conflicting laws and regulations are repealed or modified.
Effectivity
- Act effective 15 days after publication in three newspapers of general circulation.