Key Definitions
- Absentee Voting: The process for qualified Filipinos abroad to vote.
- Commission: The Commission on Elections (COMELEC).
- Certified List of Overseas Absentee Voters: Approved list of overseas voters by country, prepared by the Commission's Committee on Absentee Voting.
- National Registry of Absentee Voters: Consolidated, approved list of absentee voters maintained by COMELEC.
- Overseas absentee voters: Qualified Filipinos abroad, not otherwise disqualified.
Coverage of the Act
- Applies to all Filipino citizens abroad, at least 18 years of age on election day, not disqualified by law.
- Rights to vote for President, Vice-President, Senators, and Party-list Representatives.
Disqualifications from Voting
- Loss or renunciation of Philippine citizenship.
- Conviction of offenses punishable by imprisonment of at least one year, including disloyalty, unless pardoned.
- Immigrants or permanent residents abroad unless they file an affidavit to return physically within three years.
- Those declared insane or incompetent unless subsequently declared competent.
Registration Procedure
- Registration must be done in person at the Philippine embassy, consulate, or Election Registration Board of the last residence.
- Commission may prescribe additional procedures considering time zones and election timelines.
- Registration forms transmitted within 5 days to COMELEC for verification and approval.
- Applications for May 2004 election deadline is 280 days before election; special mechanisms for seafarers.
- Hearing procedures for objections and right to file counter-affidavits.
- Judicial review available for approvals and disapprovals.
Continuing Registration System
- COMELEC to ensure ongoing registration using government agencies’ existing facilities and programs.
- Coordination with DFA, DOLE, POEA, OWWA, CFO, and other agencies for support.
Requirements for Registration
- Valid Philippine passport or DFA certification of eligibility.
- Accomplished registration form with key personal details and addresses.
- Affidavit for immigrants/permanent residents declaring intention to resume residence and non-application for foreign citizenship.
National Registry of Overseas Absentee Voters
- COMELEC maintains the registry and annotates the permanent voters list.
- Names are permanent unless the voter requests removal or fails to vote in two consecutive national elections.
Notice and Information Dissemination
- COMELEC to publish election dates, places, and requirements through newspapers and websites at least six months prior.
- Determines countries for publication based on Filipino population.
Application to Vote in Absentia
- Qualified overseas voters must file a sworn application each election with the embassy or consulate.
- Application must be transmitted to COMELEC within 5 days.
- Applications may be submitted personally or by mail.
- Consular and diplomatic services related to absentee voting provided free of charge.
Verification and Approval of Voting Applications
- COMELEC must decide on applications no later than 150 days before elections.
- Applicants can file motion for reconsideration within 10 days if disapproved.
- COMELEC’s decision is final.
- Issuance of overseas absentee voter identification card upon approval.
Preparation and Posting of Certified Voter Lists
- Certified Lists of Overseas Absentee Voters prepared 120 days before elections.
- Distributed and posted at embassies and consulates within 10 days.
- Copies furnished to political parties, candidates, and interested persons.
Ballot Printing and Distribution
- COMELEC to print and provide ballots and election paraphernalia according to approved voter numbers.
- Use of security markings on ballots.
- Inspection and scrutiny of materials by DFA and political parties prior to distribution.
- Materials transmitted 75 days before elections.
Regulation of Campaign Activities
- Overseas campaign materials and spending limits governed by Philippine laws.
Casting and Submission of Ballots
- Ballots available and voting can occur within 30 days before election day; seafarers allowed a 60-day period.
- Voting is in person at embassy or consulate premises.
- Ballots filled out secretly on site and sealed in secure containers.
- Detailed record-keeping of ballots and voter information maintained.
- Formal reporting to COMELEC within 30 days after elections.
- Unclaimed or late ballots cancelled and returned to COMELEC.
- Special ballot reception and custody groups formed.
- Political watchers allowed during voting procedures.
Voting by Mail
- Initially allowed in up to three countries meeting strict conditions.
- Voters mail ballots to appropriate embassy/consulate before close of voting.
- Late received ballots are not counted and properly destroyed.
Counting and Canvassing of Votes Abroad
- Conducted on site within embassy premises or designated places.
- Synchronization with counting in the Philippines mandated.
- Special Boards of Election Inspectors constituted including embassy officers and qualified citizens.
- Results transmitted electronically to COMELEC and political parties.
- Ballots counted only if received on time.
- Special Boards of Canvassers canvass returns and transmit certificates electronically.
- National canvass based on transmitted certificates.
- Election results proclamations proceed regardless of incomplete country elections if unavoidable.
- Votes from abroad reported separately.
- Automation of counting encouraged.
Rulemaking Authority
- COMELEC to issue implementing rules within 60 days of law effectivity.
- Rules subject to review and approval by Congressional Oversight Committee.
- Coordination with relevant government agencies and consultations with Filipino organizations.
Information Campaign
- COMELEC and government agencies to educate overseas Filipinos on voting procedures.
- Deputization of Filipino organizations allowed but prohibits electioneering.
- Unauthorized printing or distribution of election materials is prohibited.
Public Access to Records
- Access to registration and voting records allowed with reasonable regulation.
Government Agency Assistance
- Agencies involved with overseas Filipinos expected to assist in election implementation.
- COMELEC may deploy supervisory teams abroad.
Security and Integrity Safeguards
- COMELEC responsible for secrecy and integrity of absentee ballots.
- Candidates, parties, citizens' arms, and NGOs allowed representation and intervention when appropriate.
- Restrictions on movement of foreign service officers around election period.
Prohibited Acts and Penalties
- Prohibition of undue influence, false information, tampering with ballots or records, and vote selling/buying.
- Restrictions on campaigning by deputized organizations.
- Non-Filipinos forbidden from participating in Philippine elections abroad.
- Violations subject to penalties under Omnibus Election Code, including imprisonment and permanent disqualification.
- Specific penalties for immigrants violating return affidavits.
Joint Congressional Oversight Committee
- Bipartisan committee created with equal representation from Senate and House.
- Monitors and evaluates implementation of the Act.
- Reviews and approves COMELEC rules.
Supplementary and Enforcement Provisions
- Relevant election laws apply unless conflicting.
- COMELEC has exclusive authority over enforcement and implementation abroad.
- Mandatory review of the Act by Congress within two years after 2004 elections.
Appropriations and Effectivity
- Funding to be included in the General Appropriations Act or supplemental budgets.
- Law takes effect 15 days after publication in three newspapers.
Separability and Repealing Clauses
- Unconstitutional provisions severable without affecting the rest of the law.
- Repeals conflicting laws and regulations.