Additional registrants will be "like chance passengers"

Like chance passengers in a fully booked flight, additional registrants for the 2010 polls could only vote if there would be extra ballots.  The Commission on Elections (COMELEC) will no longer print additional ballots for voters who will register starting December 21.

“We won’t be printing any additional ballots. They will be like chance passengers," COMELEC spokesperson James Jimenez said on Saturday, reiterating an earlier statement made by Jose Melo, the chief of the poll body.

Aside from the ballots that are scheduled to be printed on January 28 based on the number of voters that had registered prior to the ruling of the Supreme Court, the poll body would no longer produce extra ballots, according to Jimenez.

There are over 49 million registered voters as of December 10. The ratio of ballot to voter was supposed to be one is to one.

“We can’t print anymore (ballots), we cannot delay it (poll preparations) anymore," Jimenez told GMANews.TV in a phone interview.

He said additional voters could still vote if there would be “spare" ballots on election day. Jimenez said that “usually there’s low voter turnout" during the polls, thus there could still be extra ballots for additional registrants.

Last December 15, the Supreme Court extended the voter registration for the 2010 elections to January 9 after it nullified a Comelec resolution that limited the said registration to October 31, 2009.

In its nine-page decision, the high tribunal directed the Comelec to immediately reopen the registration as a reply to the petition of Kabataan party-list Rep. Raymond Palatino, who questioned the shortened period for registration.

Last week, in an interview with Mike Enriquez, Melo also said that additional registrants would be like “chance passengers."

“Halimbawa, ang registered sa inyong presinto, 200, eh magpi-print po kami ng 200 ballots for that number.  Ngayon, hindi naman siguro pwedeng 100 percent ang turnout, baka magboto riyan mga 110 to 150, whatever. So, limit na number of ballots, yung mga nagpa-register ngayon, makahabol din. Dun sa number of ballots we will print, di na ho sila kasali do’n...," said Melo.

(For instance, if the number of registered voters in your precinct is 200, we will print 200. But the voter-turnout can’t be always 100 percent, it could be 110 to 150, whatever.  So those who will register could still have the chance to vote.  But they will no longer be included in the number of ballots that we will print.)

Asked by Enriquez if the situation could be compared to that of people taking chances to ride on an already passenger-loaded bus or board an already fully booked plane, Melo agreed, saying they could be compared to “chance passengers."

Asked if the poll body would be prepared for criticisms on its decision not to print additional ballots for new voters, Jimenez said that the COMELEC could no longer do anything about it because “this is what was already decided."

The tentative schedule for the continuation of registration has been set on December 21 to 23 and on 28 to 29.   Meanwhile, January 2 to 9 will be allotted for “administrative matters."

COMELEC Law Department head Ferdinand Rafanan said the poll body would post the list of the new applicants on January 4, giving the registrants until January 6 to file an opposition to any of the other registrations.

By January 9, the Election Registration Board is expected to begin its hearings to weed out ineligible registrants, according to Rafanan. - GMANews.TV

Last Minute Registration Process Post Deadline

Even as various field offices of the COMELEC were already wrapping up at midnight of October 31, 2009, there were still long queues of voter applicants in some areas wanting to  get registered on the deadline of registration.  It was, however, a ministerial duty of Election Officers to receive the filled up forms of these applicants.  

But the dilemma is, if these applicants will still have to undergo the process of biometrics-taking after having submitted their application forms, the bell will have already tolled at midnight of the deadline.  The next second more would render these applicants to have registered out of time, and therefore, not having registered at all, hence not qualified to vote for the National and Local Elections in May 10, 2010. 

What the Election Officers did was just to gather these forms and advised the applicants to come back for the final stage of the process of registration -- the biometrics-taking.  The following day, however, was a holiday.  So, the next working day would be in November 3, 2009.  

But what is the legal basis for Election Officers to take the biometrics of voter applicants three days after the deadline?  This is the purpose for the Minute Resolution No. 09-0741 promulgated by the COMELEC En Banc on November 3, 2009.  The RESOLUTION reads as follows:

MINUTE RESOLUTION No. 09-0741

IN THE MATTER OF COMPLETING THE PROCESSING OF APPLICATIONS FOR REGISTRATION 
FILED LAST OCTOBER 31, 2009

Promulgated: 3 November 2009

---

In order to complete the processing of applications for registration filed last October 31, 2009, the Commission, after due deliberation, RESOLVED, as it hereby RESOLVES, to direct all Election Officers concerned to continue the biometrics taking of those who filed applications for registration last October 31, 2009, on November 3, 2009, from 8:00 a.m. to 12:00 midnight, same day.

Let the Executive Director implement this resolution.

SO ORDERED.

(Sgd.) JOSE A.R. MELO Chairman
(Sgd.) RENE V. SARMIENTO Commissioner	(Sgd.) NICODEMO T. FERRER Commissioner
(Sgd.) LUCENITO N. TAGLE Commissioner	(Sgd.) ARMANDO C. VELASCO  Commissioner
(Sgd.) ELIAS R. YUSOPH Commissioner	(Sgd.) GREGORIO Y. LARRAZABAL  Commissioner

PHOTO CREDIT:   philstar.com

Ten more days before the deadline to register as a voter

There are barely ten (10) days to go before the deadline to register as a voter.  If you wish to vote on May 10, 2010 National and Local Elections, you better get registered NOW!!

With ten days left before the October 31, 2009 deadline, the Commission on Elections has reiterated its call for qualified voters nationwide to register.

“We are aware that a lot of Filipinos choose to register at the last minute. So in order to accommodate them and also to address the growing crowds at our field offices as we near the registration deadline, the COMELEC en banc has ordered the extension of office hours in all registration centers nationwide. Registration is also extended until Sundays in calamity areas of Luzon,” said COMELEC spokesman James Jimenez.

The poll body spokesman said starting October 22, 2009 until October 30, 2009, registration hours in COMELEC field offices nationwide will now be until 9:00 PM. On October 31, the last day of registration, COMELEC offices will be open until midnight, he said.

Jimenez also added that the COMELEC has allowed voters registration on Sundays (October 18 and 25) but only in calamity stricken areas of Luzon such as Regions I, II, III, IV-A, V, CAR, and NCR.

Meanwhile, Jimenez said voters’ registration in the Autonomous Region in Muslim Mindanao (ARMM) will run daily (Mondays to Sundays) from October 19, 2009 until October 31, 2009 according to COMELEC Minute Resolution No. 09-0661.

Jimenez however noted that voters’ validation will be suspended to give way for new registrants.

Gov't and Private Employees May Register As Voters During Working Hours

The Commission on Elections through its website has announced that it has asked the Department of Labor and Employment (DOLE) and the Civil Service Commission (CSC) to issue guidelines allowing private and public employees to register as voters even on weekdays and that their temporary absence from their work be considered as official time.

The COMELEC en banc, through Resolution No. 8669, promulgated September 15, 2009, noted that the DOLE is “bestowed with powers and functions for the full protection to labor, promotion of their welfare, and supervision over the relationship between employers and employees.”

Thus the COMELEC deemed it necessary to “request the Department of Labor and Employment (DOLE) to issue the appropriate circular/guidelines urging private employers to allow their employees to file their applications for registration, transfer/reactivation, changes/correction/inclusions/reinstatement of entries of registration records even during weekdays, and to consider their temporary absence from work on official time.”

Meanwhile, the COMELEC in Resolution 8668, said that “government employees who as first time voters, or who desire to transfer/reactivate/correct/change/reinstate their registration records, deserve broader opportunities to exercise their right to suffrage through the filing of their applications for registration/transfer/reactivation/correction/change/reinstatement of registration records during weekdays.”

The poll body also made a similar request to the Civil Service Commission (CSC) to issue the appropriate order for civil servants.

COMELEC spokesman James Jimenez, for his part, said this move from the poll body “shows the COMELEC’s resolve to empower broadest number of workers, both in the private and in the public sector, by making sure that they will be able to cast their votes in the 2010 elections.” 

Qualifications of a Voter

As the deadline for the registration of voters, on October 31, 2009, draws near, it behooves us to revisit the provisions regarding the qualifications necessary in order to be duly registered as a voter.

Omnibus Election Code - Article XII

OMNIBUS ELECTION CODE

Article XII

REGISTRATION OF VOTERS

(Please see RA 8189 for registration updates
concerning the Continuing Registration System.)

Sec. 113. Permanent List of Voters. - Any provision of Presidential Decree No. 1896 to the contrary notwithstanding, the list of voters prepared and used in the election of Members of the Batasang Pambansa on May 14, 1984, with such additions, cancellations and corrections as may hereafter be made in accordance with the provisions of this Code, shall constitute the permanent list of voters in each city or municipality, as the case may be, until 1996.

      For purposes of the next following election, the Commission, through the election registrars, shall assign the proper precincts and polling places to the registered voters in said list. Written notice of any such change shall be made to the affected voters within two weeks therefrom.

Sec. 114. Renewal of the Permanent List. - The list of voters prepared in accordance with the preceding section shall be renewed in nineteen hundred and ninety-six and every twelve years thereafter.

Sec. 115. Necessity of Registration. - In order that a qualified elector may vote in any election, plebiscite or referendum, he must be registered in the permanent list of voters for the city or municipality in which he resides.

Sec. 116. Who may be registered in the list. - All persons having complied with the requisites herein prescribed for the registration of voters shall be registered in the list, provided they possess all the qualifications and none of the disqualifications of a voter. Those who failed to register in the election of 1984, for any reason whatsoever, may register in accordance with the provisions of this Code. Any person who may not have on the date of registration the age or period of residence required may also be registered upon proof that on the date of the election, plebiscite or referendum he shall have such qualifications.

Sec. 117. Qualifications of a voter. - Every citizen of the Philippines, not otherwise disqualified by law, eighteen years of age or over, who shall have resided in the Philippines for one year and in the city or municipality wherein he proposes to vote for at least six months immediately preceding the election, may be registered as a voter.

     Any person who transfers residence to another city, municipality or country solely by reason of his occupation; profession; employment in private or public service; educational activities; work in military or naval reservations; service in the army, navy or air force; the constabulary or national police force; or confinement or detention in government institutions in accordance with law, shall be deemed not to have lost his original residence.

Sec. 118. Disqualifications. - The following shall be disqualified from voting:

1.    Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon or granted amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five years after service of sentence.

2.    Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law: Provided, That he shall regain his right to vote automatically upon expiration of five years after service of sentence.

3.    Insane or incompetent persons as declared by competent authority.

Sec. 119. Preparation of the permanent list of voters. - For the preparation of the permanent list of voters in nineteen hundred and ninety-six and every twelve years thereafter, the board of election inspectors referred to in Article XIV hereof of each election precinct shall hold four meetings on the seventh Saturday, seventh Sunday, sixth Saturday and sixth Sunday preceding the date of the regular election to be held. At these meetings the board shall prepare eight copies of the list of voters of the precinct wherein it shall register the electors applying for registration.

Sec. 120. Preparation of the list before other regular elections. - For the preparation of the list before other regular elections, the board of election inspectors of each election precinct shall meet in the polling place on the seventh and sixth Saturdays before the day of the election. At these meetings, the board shall prepare and certify eight copies of the list of voters of the corresponding precinct transferring thereto the names of the voters appearing in the list used in the preceding election and including therein such new qualified voters as may apply for registration, as provided in Section 126 hereof.

Sec. 121. Preparation of the list before any special election, plebiscite or referendum. - For the preparation of the list of voters before a special election, plebiscite or referendum, the board of elections inspectors of each election precinct shall hold a meeting in the polling place on the second Saturday following the day of the proclamation calling such election. At this meeting the board shall transfer the names of the voters appearing in the list used in the preceding election and enter those of the newly registered voters.

Sec. 122. Transfer of names of voters from the permanent list to the current one. - The transfer of the names of the voters of the precinct already registered in the list used in the preceding election to the list to be made as provided for in the two preceding sections is a ministerial duty of the board, and any omission or error in copying shall be corrected motu proprio, or upon petition of the interested party, without delay and in no case beyond three days from the time such error is noticed; and if the board should refuse, the interested party may apply for such correction to the proper municipal or metropolitan trial court which shall decide the case without delay and in no case beyond three days from the date the petition is filed. The decision of the proper municipal or metropolitan trial court shall be final and unappealable in whatever form or manner.

      To facilitate the transfer of names of voters, the election registrar shall deliver the book of voters to the board of election inspectors on the day before the registration of voters, to be returned after the last day of registration.

Sec. 123. Cancellation and exclusion in the transfer of names. - In transferring the names of the voters of the precinct from the list used in the preceding election to the current list, the board shall exclude those who have applied for the cancellation of their registration, those who have died, those who did not vote in the immediately preceding two successive regular elections, those who have been excluded by court orders issued in accordance with the provisions of this Code, and those who have been disqualified, upon motion of any member of the board or of any elector or watcher, upon satisfactory proof to the board and upon summons to the voter in cases of disqualification. The motion shall be decided by the board without delay and in no case beyond three days from its filing. Should the board deny the motion, or fail to act thereon within the period herein fixed, the interested party may apply for such exclusion to the municipal or metropolitan trial court which shall decide the petition without delay and in no case beyond three days from the date the petition is filed. The decision of the court shall be final. The poll clerk shall keep a record of these exclusions and shall furnish three copies thereof to the election registrar who shall, in turn keep one copy and send the two other copies thereof to the provincial election supervisor and the Commission, to be attached by them to the permanent list under their custody.

Sec. 124. Meeting to close the list of voters. - The board of election inspectors shall also meet on the second Saturday immediately preceding the day of the regular election, or on the second day immediately preceding the day of the special election, plebiscite or referendum whether it be Sunday or a legal holiday, for the purpose of making such inclusions, exclusions, and corrections as may be or may have been ordered by the courts, stating opposite every name so corrected, added, or cancelled, the date of the order and the court which issued the same; and for the consecutive numbering of the voters of the election precinct.

     Should the board fail to include in the list of voters any person ordered by competent court to be so included, said person shall, upon presentation of a certified copy of the order of inclusion and upon proper identification, be allowed by the board to vote.

     Should the board fail to exclude from the list of voters any person ordered by the court to be so excluded, the board shall not permit said person to vote upon presentation to it by any interested party of a certified copy of the order of exclusion.

Sec. 125. Re-registration. - A voter who is registered in the permanent list of voters need not register anew for subsequent elections unless he transfer residence to another city or municipality, or his registration has been cancelled on the ground of disqualification and such disqualification has been lifted or removed. Likewise a voter whose registration has been cancelled due to failure to vote in the preceding regular election may register anew in the city or municipality where he is qualified to vote.

Sec. 126. Registration of voters. - On the seventh and sixth Saturdays before a regular election or on the second Saturday following the day of the proclamation calling for a new special election, plebiscite or referendum, any person desiring to be registered as a voter shall accomplish in triplicate before the board of election inspectors a voter's affidavit in which shall be stated the following data:

1.    Name, surname, middle name, maternal surname;

2.    Date and place of birth;

3.    Citizenship;

4.    Periods of residence in the Philippines and in the place of registration;

5.    Exact address with the name of the street and house number or in case there is none, a brief description of the locality and the place;

6.    A statement that the applicant has not been previously registered, otherwise he shall be required to attach a sworn application for cancellation of his previous registration; and

7.    Such other information or data which may be required by the Commission.

     The voter's affidavit shall also contain three specimens of the applicant's signature and clear and legible prints of his left and right hand thumbmarks and shall be sworn to and filed together with four copies of the latest identification photograph to be supplied by the applicant.

     The oath of the applicant shall include a statement that he does not have any of the disqualifications of a voter and that he has not been previously registered in the precinct or in any other precinct.

     Before the applicant accomplishes his voter's affidavit, the board of election inspectors shall appraise the applicant of the qualifications and disqualifications prescribed by law for a voter. It shall also see to it that the accomplished voter's affidavit contain all the data therein required and that the applicant's specimen signatures, the prints of his left and right hand thumbmarks and his photograph are properly affixed in each of the voter's affidavit.

Sec. 127. Illiterate or disabled applicants. - The voter's affidavit of an illiterate or physically disabled person may be prepared by any relative within the fourth civil degree of consanguinity of affinity or by any member of the board of election inspectors who shall prepare the affidavit in accordance with the data supplied by the applicant.

Sec. 128. Voter's identification. - The identification card issued to the voter shall serve and be considered as a document for the identification of each registered voter: Provided, however, That if the voter's identity is challenged on election day and he cannot present his voter identification card, his identity may be established by the specimen signatures, the photograph or the fingerprints in his voter's affidavit in the book of voters. No extra or duplicate copy of the voter identification card shall be prepared and issued except upon authority of the Commission.

     Each identification card shall bear the name and the address of the voter, his date of birth, sex, civil status, occupation, his photograph, thumbmark, the city or municipality and number of the polling place where he is registered, his signature, his voter serial number and the signature of the chairman of the board of election inspectors.

     Any voter previously registered under the provisions of Presidential Decree Numbered 1896 who desires to secure a voter identification card shall, on any registration day, provide four copies of his latest identification photograph to the board of election inspectors which upon receipt thereof shall affix one copy thereof to the voter's affidavit in the book of voters, one copy to the voter identification card to be issued to the voter and transmit through the election registrar, one copy each to the provincial election supervisor and the Commission to be respectively attached to the voter's affidavit in their respective custody.

Sec. 129. Action by the board of election inspectors. - Upon receipt of the voter's affidavit, the board of election inspectors shall examine the data therein. If it finds that the applicant possesses all the qualifications and none of the disqualifications of a voter, he shall be registered. Otherwise, he shall not be registered.

     The name and address of each registered voter shall, immediately upon his registration, be entered in the proper alphabetical group in the list after which the voter identification card shall be issued to the voter.

Sec. 130. Provincial central file of registered voters. - There shall be a provincial central file of registered voters containing the duplicate copies of all approved voter's affidavits in each city and municipality in the province which shall be under the custody and supervision of the provincial election supervisor. The applications shall be compiled alphabetically by precincts so as to make the file an exact replica of the book of voters in the possession of the election registrar.

     Should the book of voters in the custody of the election registrar be lost or destroyed at a time so close to the election day that there is no time to reconstitute the same, the corresponding book of voters in the provincial file shall be used during the voting.

Sec. 131. National central file of registered voters. - There shall also be a national central file of registered voters consisting of the triplicate copies of all approved voters' affidavits in all cities and municipalities which shall be prepared and kept in the central office of the Commission. The applications in the national central file shall be compiled alphabetically according to the surnames of the registered voters regardless of the place of registration.

Sec. 132. Preservation of voter's affidavits. - A copy of the affidavit of each voter shall be kept by the board of election inspectors until after the election when it shall deliver the same to the election registrar together with the copies of the list of voters and other election papers for use in the next election. The election registrar shall compile the voter's affidavits by precinct alphabetically in a book of voters. The other two copies shall be sent by the board of election inspectors on the day following the date of the affidavit to the office of the provincial election supervisor and the Commission in Manila. The provincial election supervisor and the Commission shall respectively file and preserve the voter's affidavits by city and municipality and in alphabetical order of their surnames. The fourth copy shall be given to the voter as evidence of his registration.

Sec. 133. Columns in the list of voters. - The list of voters shall be arranged in columns as follows: In the first column there shall be entered, at the time of closing of the list before the election, a number opposite the name of each voter registered, beginning with number one and continuing in consecutive order until the end of the list. In the second column, the surnames of the registered voters shall be written in alphabetical order followed by their respective first names, without abbreviations of any kind. In the third column, the respective residences of such persons with the name of the street and number, or, in case there be none, a brief description of the locality or place. In the fourth column, shall be entered the periods of residence in the Philippines and in the city or municipality. In the fifth column, there shall be entered on the day of the election the numbers of the ballots which were given successively to each voter. In the sixth column, the voter shall stamp on the day of the election the mark of the thumb of his right hand and under said mark his signature. And in the seventh column, the signature of the chairman of the board of election inspectors who has handed the ballot to the voter. It will be sufficient that the fifth, sixth, and seventh columns shall be filled in the copy of the list under the custody of the board of election inspectors which shall see to it that the thumbmark is stamped plainly.

Sec. 134. Certificate of the board of election inspectors in the list of voters. - Upon the adjournment of each meeting for the registration of voters, the board of election inspectors shall close each alphabetical group of surnames of voters by writing the dates on the next line in blank, which shall be forthwith signed by each member, and, before adding a new name on the same page at the next meeting, it shall write the following: "Added at the _ _ _ meeting" specifying if it is the second third or fourth meeting of the board, as the case may be. If the meeting adjourned is the last one for the registration of voters, the board shall, besides closing each alphabetical group of voters as above provided, add at the end of the list a certificate (a) of the corrections and cancellations made in the permanent list, specifying them, or that there has been none, and (b) of the total number of voters registered in the precinct.

Sec. 135. Publication of the list. - At the first hour of the working day following the last day of registration of voters, the poll clerk shall deliver to the election registrar a copy of the list certified to by the board of election inspectors as provided in the preceding section; another copy, also certified, shall be sent to the provincial election supervisor of the province, and another, likewise certified, shall be sent to the Commission, in whose offices said copies shall be open to public inspection during regular office hours. On the same day and hour, the poll clerk shall also post a copy of the list in the polling place in a secure place on the door or near the same at a height of a meter and a half, where it may be conveniently consulted by the interested parties. The chairman, poll clerk and the two members of the board of election inspectors shall each keep a copy of the list which may be inspected by the public in their residence or office during regular office hours. Immediately after the meeting for the closing of the list, the poll clerk shall also send a notice to the election registrar, provincial election supervisor and the Commission regarding the changes and the numbering above referred to, to be attached to the copy of the list under their custody.

Sec. 136. Challenge of right to register. - Any person applying for registration may be challenged before the board of election inspectors on any registration day be any member, voter, candidate, or watcher. The board shall then examine the challenged person and shall receive such other evidence as it may deem pertinent, after which it shall decide whether the elector shall be included in or excluded from the list as may be proper. All challenges shall be heard and decided without delay, and in no case beyond three days from the date the challenge was made.

     After the question has been decided, the board of election inspectors shall give to each party a brief certified statement setting forth the challenge and the decision thereon.

Sec. 137. Power of the board of election inspectors to administer oaths and issue summons. - For the purpose of determining the right of applicants to be registered as voters in the list, the board of election inspectors shall have the same power to administer oaths, to issue subpoena and subpoena duces tecum and to compel witnesses to appear and testify, but the latter's fees and expenses incident to the process shall be paid in advance by the party in whose behalf the summons is issued.

Sec. 138. Jurisdiction in inclusion and exclusion cases. - The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over all matters of inclusion and exclusion of voters from the list in their respective municipalities or cities. Decisions of the municipal or metropolitan trial courts may be appealed directly by the aggrieved party to the proper regional trial court within five days from receipt of notice thereof, otherwise said decision of the municipal or metropolitan trial court shall become final and executory after said period. The regional trial court shall decide the appeal within ten days from the time the appeal was received and its decision shall be immediately final and executory. No motion for reconsideration shall be entertained by the courts.

Sec. 139. Petition for inclusion of voters in the list. - Any person whose application for registration has been disapproved by the board of election inspectors or whose name has been stricken out from the list may apply, within twenty days after the last registration day, to the proper municipal or metropolitan trial court, for an order directing the board of election inspectors to include or reinstate his name in the list, together with the certificate of the board of election inspectors regarding his case and proof of service of notice of his petition upon a member of the board of election inspectors with indication of the time, place, and court before which the petition is to be heard.

Sec. 140. Voters excluded through inadvertence or registered with an erroneous or misspelled name. - Any voter registered in the permanent list who has not been included in the list prepared for the election or who has been included therein with a wrong or misspelled name shall have the right to file an application on any date with the proper municipal or metropolitan trial court, for an order directing that his name be reinstated in the list or that he be registered with his correct name. He shall attach to such application a certified copy of the entry of his name in the list of the preceding election, together with proof that he has applied without success to the board of election inspectors and that he has served notice thereof upon a member of the board.

Sec. 141. Change of name of registered voter. - Any previously registered voter whose name has been changed by reason of marriage or by virtue of a court order may request the board of election inspectors during any of its meetings held under this Article that his registration in the list be recorded under his or her new name.

Sec. 142. Petition for exclusion of voters from the list. - Any registered voter in a city or municipality may apply at any time except during the period beginning with the twenty-first day after the last registration day of any election up to and including election day with the proper municipal or metropolitan trial court, for the exclusion of a voter from the list, giving the name and residence of the latter, the precinct in which he is registered, and the grounds for the challenge. The petition shall be sworn to and accompanied by proof of notice to the board of election inspectors concerned, if the same is duly constituted, and to the challenged voters.

Sec. 143. Common rules governing judicial proceedings in the matter of inclusion, exclusion, and correction of names of voters. -

1.    Outside of regular office hours no petition for inclusion, exclusion, or correction of names of voters shall be received.

2.    Notices to the members of the board of election inspectors and to challenged voters shall state the place, day and hour in which such petition shall be heard, and such notice may be made by sending a copy thereof by registered mail or by personal delivery or by leaving it in the possession of a person of sufficient discretion in the residence of the said person or, in the event that the foregoing procedure is not practicable, by posting a copy in a conspicuous place in the city hall or municipal building and in two other conspicuous places within the city or municipality, at least ten days prior to the day set for the hearing. 

      In the interest of justice and to afford the challenged voter every opportunity to contest the petition for exclusion, the court concerned may, when the challenged voter fails to appear in the first day set for the hearing, order that notice be effected in such manner and within such period of time as it may decide, which time shall in no case be more than ten days from the day the respondent is first found in default.

3.    Each petition shall refer to only one precinct.

4.    No costs shall be assessed in these proceedings. However, if the court should be satisfied that the application has been filed for the sole purpose of molesting the adverse party and causing him to incur expenses, it may condemn the culpable party to pay the costs and incidental expenses.

5.    Any candidate who may be affected by the proceedings may intervene and present his evidence.

6.    The decision shall be based on the evidence presented. If the question is whether or not the voter is real or fictitious, his non-appearance on the day set for hearing shall be prima facie evidence that the registered voter is fictitious. In no case shall a decision be rendered upon a stipulation of facts.

7.    These applications shall be heard and decided without delay. The decision shall be rendered within six hours after the hearing and within ten days from the date of its filing in court. Cases appealed to the regional trial court shall be decided within ten days from receipt of the appeal in the office of the clerk of court. In any case, the court shall decide these petitions not later than the day before the election and the decision rendered thereon shall be immediately final and executory, notwithstanding the provisions of Section 138 on the finality of decisions.

Sec. 144. Canvass to check registration. - The election registrar shall, once every two years or more often should the Commission deem it necessary in order to preserve the integrity of the permanent lists of voters, conduct verification by mail or house-to-house canvass, or both, of the registered voters of any barangay for purposes of exclusion proceedings.

Sec. 145. Annulment of permanent lists of voters. - Any book of voters not prepared in accordance with the provisions of this Code or the preparation of which has been effected with fraud, bribery, forgery, impersonation, intimidation, force, or any other similar irregularity or which list is statistically improbable may, upon verified petition of any voter or election registrar, or duly registered political party, and after notice and hearing, be annulled by the Commission: Provided, That no order, ruling or decision annulling a book of voters shall be executed within sixty days before an election.

Sec. 146. Reconstitution of lost or destroyed registration records. - The Commission shall reconstitute all registration records which have been lost or destroyed. For this purpose, it shall be the duty of the election registrar to immediately report to the Commission any case of loss or destruction of approved applications for registration in their custody. Such reconstitution shall be made with the use of the corresponding copies in the national or provincial central files of registered voters: Provided, That if this is not feasible, the registered voter concerned may be summoned by the election registrar to effect such reconstitution by accomplishing a new application. Reconstituted forms shall be clearly marked with the word "reconstituted".

     The reconstitution of any lost or destroyed application for registration shall not affect the criminal liability of any person or persons who may be responsible for such loss or destruction.

Sec. 147. Examination of registration records. - All registration records in the possession of the city or municipal election registrar, the provincial election supervisor, and the Commission shall, during regular office hours, be open to examination by the public with legitimate inquiries for purposes of election.

     Law enforcement agencies shall, upon prior authorization by the Commission, have access to said registration records should the same be necessary to, or in aid of, their investigative functions and duties, subject to regulations promulgated by the Commission.

Sec. 148. List of voters. - Fifteen days before the date of the regular election or special election, referendum or plebiscite, the board of election inspectors must post the final list of voters in each precinct with each and every page thereof duly signed or subscribed and sworn to by the members of the board of election inspectors and that failure to comply with this provision will constitute an election offense.

     Any candidate or authorized representative of an accredited political party, upon formal request made to an election registrar, shall be entitled to a certified copy of the most recent list of voters in any precinct, municipality, city or province, upon payment of a reasonable fee as may be prescribed by the Commission.

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The Overseas Absenteen Voting Act of 2003

 REPUBLIC ACT No. 9189
AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING
BY QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as "The Overseas Absentee Voting Act of 2003."

Sec. 2. Declaration of Policy. - It is the prime duty of the State to provide a system of honest and orderly overseas absentee voting that upholds the secrecy and sanctity of the ballot. Towards this end, the State ensures equal opportunity to all qualified citizens of the Philippines abroad in the exercise of this fundamental right.

Sec. 3. Definition of Terms. - For purposes of this Act:

1. "Absentee Voting" refers to the process by which qualified citizens of the Philippines abroad exercise their right to vote;
   
   
   
2. "Commission" refers to the Commission on Elections;
   
   
   
3. "Certified List of Overseas Absentee Voters" refers to the list of registered overseas absentee voters whose applications to vote in absentia have been approved by the Commission, said list to be prepared by the Committee on Absentee Voting of the Commission, on a country-by-country basis. This list shall be approved by the Commission in an en banc resolution;
   
   
   
4. "Day of Election" refers to the actual date of elections in the Philippines;
   
   
   
5. "National Registry of Absentee Voters" refers to the consolidated list prepared, approved and maintained by the Commission, of overseas absentee voters whose applications for registration as absentee voters, including those registered voters who have applied to be certified as absentee voters, have been approved by the Election Registered Board;
   
   
   
   
6. "Overseas Absentee Voter" refers to a citizen of the Philippines who is qualified to register and vote under this Act, not otherwise disqualified by law, who is abroad on the day of elections.
   

Sec. 4. Coverage. - All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen (18) years of age on the day of elections, may vote for president, vice-president, senators and party-list representatives.

Sec. 5. Disqualifications. - The following shall be disqualified from voting under this Act:

1. Those who have lost their Filipino citizenship in accordance with Philippine laws; 
2. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country; 
3. Those who have committed and are convicted in a final judgment by a court or tribunal of an offense punishable by imprisonment of not less than one (1) year, including those who have committed and been found guilty of Disloyalty as defined under Article 137 of the Revised Penal Code, such disability not having been removed by plenary pardon or amnesty; Provided, however, That any person disqualified to vote under this subsection shall automatically acquire the right to vote upon expiration of five (5) years after service of sentence; Provided, further, That the Commission may take cognizance of final judgments issued by foreign courts or tribunals only on the basis of reciprocity and subject to the formalities and processes prescribed by the Rules of Court on execution of judgments; 
4. An immigrant or a permanent resident who is recognized as such in the host country, unless he/she executes, upon registration, an affidavit prepared for the purpose by the Commission declaring that he/she shall resume actual physical permanent residence in the Philippines not later than three (3) years from approval of his/her registration under this Act. Such affidavit shall also state that he/she has not applied for citizenship in another country. Failure to return shall be the cause for the removal of the name of the immigrant or permanent resident from the National Registry of Absentee Voters and his/her permanent disqualification to vote in absentia.
   

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2. Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad, as verified by the Philippine embassies, consulates or foreign service establishments concerned, unless such competent authority subsequently certifies that such person is no longer insane or incompetent.
   

Sec. 6. Personal Overseas Absentee Registration. - Registration as an overseas absentee voter shall be done in person.

Qualified citizens of the Philippines abroad who failed to register under Republic Act No. 8189, otherwise known as the "The Voters Registration Act of 1996", may personally apply for registration with the Election Registration Board of the city or municipality where they were domiciled immediately prior to their departure from the Philippines, or with the representative of the Commission at the Philippine embassies, consulates and other foreign service establishments that have jurisdiction over the locality where they temporarily reside. Subject to the specific guidelines herein provided, the Commission is hereby authorized to prescribe additional procedures for overseas absentee registration pursuant to the provisions of Republic Act No. 8189, whenever applicable, taking into strict consideration the time zones and the various periods and processes herein provided for the proper implementation of this Act. The embassies, consulates and other foreign service establishments shall transmit within (5) days from receipt the accomplished registration forms to the Commission, after which the Commission shall 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.

All applications for the May, 2004 elections shall be filed with the Commission not later than two hundred eighty (280) calendar days before the day of elections. For succeeding elections, the Commission shall provide for the period within which applications to register must be filed.

In the case of seafarers, the Commission shall provide a special mechanism for the time and manner of personal registration taking into consideration the nature of their work.

       6.1. Upon receipt of the application for registration, the Election Officer shall immediately set the application for hearing, the notice of which shall be posted in a conspicuous place in the premises of the city or municipal building of the applicant's stated residence for at least one (1) week before the date of the hearing. The Election Officer shall immediately furnish a copy of the application to the designated representatives of political parties and other accredited groups.

       6.2. If no verified objection to the application is filed, the Election Officer shall immediately forward the application to the Election Registration Board, which shall decide on the application within one (1) week from the date of hearing without waiting for the quarterly meeting of the Board. The applicant shall be notified of the approval or disapproval of his/her application by registered mail.

        6.3. In the event that an objection to the application is filed prior to or on the date of hearing, the Election Officer shall notify the applicant of said objection by registered mail, enclosing therein copies of affidavits or documents submitted in support of the objection filed with the said Election Officer, if any. The applicant shall have the right to file his counter-affidavit by registered mail, clearly stating therein facts and defenses sworn before any officer in the host country authorized to administer oaths.

       6.4. The application shall be approved or disapproved based on the merits of the objection, counter-affidavit and documents submitted by the party objecting and those of the applicant.

       6.5. A Certificate of Registration as an overseas absentee voter shall be issued by the Commission to all applicants whose applications have been approved, including those certified as registered voters. The Commission shall include the approved applications in the National Registry of Absentee Voters.

       6.6. If the application has been approved, any interested party may 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. The petition shall be decided within fifteen (15) days after its filing on the basis of the documents submitted in connection therewith. Should the court fail to render a decision within the prescribed period, the ruling of the Election Registration Board shall be considered affirmed.

       6.7. If the application has been disapproved, the applicant or his authorized representative shall, within a period of five (5) days from receipt of the notice of disapproval, have the right to file a petition for inclusion with the proper municipal or metropolitan trial court. The petition shall be decided within five (5) days after its filing on the basis of documents submitted in connection therewith.

Qualified citizens of the Philippines abroad, who have previously registered as voters pursuant to Republic Act No. 8189 shall apply for certification as absentee voters and for inclusion in the National Registry of Overseas Absentee Voters, with a corresponding annotation in the Certified Voters' List.

Sec. 7. System of Continuing Registration. - The Commission shall ensure that the benefits of the system of continuing registration are extended to qualified overseas absentee voters. Towards this end, the Commission shall optimize the use of existing facilities, personnel and mechanisms of the various government agencies for purposes of data gathering, data validation, information dissemination and facilitation of the registration process.

Pre-departure programs, services and mechanisms offered and administered by the 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 of the government shall be utilized for purposes of supporting the overseas absentee registration and voting processes, subject to limitations imposed by law.

Sec. 8. Requirements for Registration. - Every Filipino registrant shall be required to furnish the following documents:

1. A valid Philippine passport. In the absence of a valid passport, a certification of the Department of Foreign Affairs that it has reviewed the appropriate documents submitted by the applicant and found them sufficient to warrant the issuance of a passport, or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason;
   
   
   
2. Accomplished registration form prescribed by the Commission containing the following mandatory information:
   
   
   
   1. Last known residence of the applicant in the Philippines before leaving for abroad;
      
      
      
      
   2. Address of applicant abroad, or forwarding address in the case of seafarers;
      
      
      
      
   3. Where voting by mail is allowed, the applicant's mailing address outside the Philippines where the ballot for absentee voters will be sent, in proper cases; and;
      
      
      
      
   4. Name and address of applicant's authorized representative in the Philippines for purposes of Section 6.7 and Section 12 hereof.
      
      
      
      
3. In the case of immigrants and permanent residents not otherwise disqualified to vote under this Act, an affidavit declaring the intention to resume actual physical permanent residence in the Philippines not later than three (3) years after approval of his/her registration as an overseas absentee voter under this Act. Such affidavit shall also state that he/she has not applied for citizenship in another country.
   

The Commission may also require additional data to facilitate registration and recording. No information other than those necessary to establish the identity and qualification of the applicant shall be required.

Sec. 9. National Registry of Overseas Absentee Voters. - The Commission shall maintain a National Registry of Overseas Absentee Voters. Approved applications of overseas absentee registrants shall also be included in the permanent list of voters of the city or municipality where the registrant is domiciled, with the corresponding annotation that such person has been registered or will be voting as an overseas absentee voter. The registry shall also include those registered under Republic Act No. 8189 and who have been issued certifications as overseas absentee voters. The entries in the National Registry of Overseas Absentee Voters and the annotations as overseas absentee voters in the Certified Voters' List shall be permanent, and cannot be cancelled or amended except in any of the following cases:

       9.1. When the overseas absentee voter files a letter under oath addressed to the Commission that he/she wishes to be removed from the Registry of Overseas Absentee Voters, or that his/her name be transferred to the regular registry of voters; or,

       9.2. When an overseas absentee voter's name was ordered removed by the Commission from the Registry of Overseas Absentee Voters for his/her failure to exercise his/her right to vote under this Act for two (2) consecutive national elections.

Sec. 10. Notice of Registration and Election. - The Commission shall, through the embassies, consulates and other foreign service establishments, cause the publication in a newspaper of general circulation of the place, date and time of the holding of a regular or special national election and the requirements for the participation of qualified citizens of the Philippines abroad, at least six (6) months before the date set for the filing of applications for registration.

The Commission shall determine the countries where publication shall be made, and the frequency thereof, taking into consideration the number of overseas Filipinos present in such countries. Likewise, the Commission and the Department of Foreign Affairs shall post the same in their respective websites.

Sec. 11. Procedure for Application to Vote in Absentia. -

       11.1. Every qualified citizen of the Philippines abroad whose application for registration has been approved, including those previously registered under Republic Act No. 8189, shall, in every national election, file with the officer of the embassy, consulate or other foreign service establishment authorized by the Commission, a sworn written application to vote in a form prescribed by the Commission. The authorized officer of such embassy, consulate or other foreign service establishment shall transmit to the Commission the said application to vote within five (5) days from receipt thereof. The application form shall be accomplished in triplicate and submitted together with the photocopy of his/her overseas absentee voter certificate of registration.

       11.2. Every application to vote in absentia may be done personally at, or by mail to, the embassy, consulate or foreign service establishment, which has jurisdiction over the country where he/she has indicated his/her address for purposes of the elections.

       11.3. Consular and diplomatic services rendered in connection with the overseas absentee voting processes shall be made available at no cost to the overseas absentee voter.

Sec. 12. Verification and Approval of Application to Vote. - All applications shall be acted upon by the Commission upon receipt thereof, but in no case later than one hundred fifty (150) days before the day of elections. In the event of disapproval of the application, the voter or his authorized representative may file a Motion for Reconsideration with the Commission personally, or by registered mail, within ten (10) days from receipt of the notice of disapproval. The Commission shall act within five (5) days from receipt of such Motion for Reconsideration and shall immediately notify the voter of its decision. The decision of the Commission shall be final and executory.

The Commission shall issue an overseas absentee voter identification card to those whose applications to vote have been approved.

Sec. 13. Preparation and Posting of Certified List of Overseas Absentee Voters. - The Commission shall prepare the Certified List of Overseas Absentee Voters within one hundred twenty (120) days before every election, and furnish within the same period copies thereof to the appropriate embassies, consulates and other foreign service establishments, which shall post the same in their bulletin boards within ten (10) days from receipt thereof.

Subject to reasonable regulation and the payment of fees in such amounts as may be fixed by the Commission, the candidates, political parties, accredited citizens' arms, interested persons and all embassies, consulates and other foreign service establishments shall be furnished copies thereof.

Sec. 14. Printing and Transmittal of Ballots, Voting Instructions, Election Forms and Paraphernalia. -

       14.1. The Commission shall cause the printing of ballots for overseas absentee voters, voting instructions, and election forms in such number as may be necessary, but in no case shall it exceed the total number of approved applications. Security markings shall be used in the printing of ballots for overseas absentee voters.

       14.2. The Commission shall present to the authorized representatives of the Department of Foreign Affairs and the accredited major political parties the ballots for overseas absentee voters, voting instructions, election forms and other election paraphernalia for scrutiny and inspection prior to their transmittal to the embassies, consulates and other foreign service establishments concerned.

       14.3. The Commission shall, not later than seventy-five (75) days before the day of elections, transmit by special pouch to the embassies, consulates and other foreign service establishments, the exact number of ballots for overseas absentee voters corresponding to the number of approved applications, along with such materials and election paraphernalia necessary to ensure the secrecy and integrity of the election.

       14.4. The authorized representatives of accredited major political parties shall have the right to be present in all phases of printing, transmittal, and casting of ballots abroad. Unclaimed ballots properly marked as such, shall be cancelled and shipped to the Commission by the least costly method.

Sec. 15. Regulation on Campaigning Abroad. - The use of campaign materials, as well as the limits on campaign spending shall be governed by the laws and regulations applicable in the Philippines.

Sec. 16. Casting and Submission of Ballots. -

       16.1. Upon receipt by the designated officer of the embassy, consulate and other foreign service establishments of the ballots for overseas absentee voters, voting instructions, election forms and other paraphernalia, he/she shall make them available on the premises to the qualified overseas absentee voters in their respective jurisdictions during the thirty (30) days before the day of elections when overseas absentee voters may cast their vote. Immediately upon receiving it, the overseas absentee voter must fill-out his/her ballot personally, in secret, without leaving the premises of the embassies, consulates and other foreign service establishments concerned.

       16.2. The overseas absentee voter shall personally accomplish his/her ballot at the embassy, consulate or other foreign service establishment that has jurisdiction over the country where he/she temporarily resides or at any polling place designated and accredited by the Commission.

       16.3. The overseas absentee voter shall cast his ballot, upon presentation of the absentee voter identification card issued by the Commission, within thirty (30) days before the day of elections. In the case of seafarers, they shall cast their ballots anytime within sixty (60) days before the day of elections as prescribed in the Implementing Rules and Guidelines.

       16.4. All accomplished ballots received shall be placed unopened inside sealed containers and kept in a secure place designated by the Commission.

       16.5. The embassies, consulates and other foreign service establishments concerned shall keep a complete record of the ballots for overseas absentee voters, specifically indicating the number of ballots they actually received, and in cases where voting by mail is allowed under Section 17 hereof, the names and addresses of the voters to whom these ballots were sent, including proof of receipt thereof. In addition, the embassies, consulates and other foreign service establishments shall submit a formal report to the Commission and the Joint Congressional Oversight Committee created under this Act within thirty (30) days from the day of elections. Such report shall contain data on the number of ballots cast and received by the offices, the number of invalid and unclaimed ballots and other pertinent data.

       16.6. The overseas absentee voter shall be instructed that his/her ballot shall not be counted if it is not inside the special envelope furnished him/her when it is cast.

       16.7. Ballots not claimed by the overseas absentee voters at the embassies, consulates and other foreign service establishments, in case of personal voting, and ballots returned to the embassies, consulates and other foreign service establishments concerned, in the case of voting by mail, shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections.

       16.8. Only ballots cast, and mailed ballots received by the Philippine embassies, consulates and other foreign service establishments concerned in accordance with Section 17 hereof before the close of voting on the day of elections shall be counted in accordance with Section 18 hereof. All envelopes containing the ballots received by the embassies, consulates and other foreign service establishments after the prescribed period shall not be opened, and shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections.

       16.9. A Special Ballot Reception and Custody Group composed of three (3) members shall be constituted by the Commission from among the staff of the embassies, consulates and other foreign service establishments concerned, including their attached agencies, and citizens of the Philippines abroad, who will be deputized to receive ballots and take custody of the same preparatory to their transmittal to the Special Boards of Election Inspectors.

       16.10. During this phase of the election process, the authorized representatives of the political parties, candidates, and accredited citizens' arms of the Commission shall be notified in writing thereof and shall have the right to witness the proceedings.

       16.11. The Commission shall study the use of electronic mail, Internet, or other secured networks in the casting of votes, and submit a report thereon to the Joint Congressional Oversight Committee.

Sec. 17. Voting by Mail. -

17.1. For the May, 2004 elections, the Commission shall authorize voting by mail in not more than three (3) countries, subject to the approval of the Congressional Oversight Committee. Voting by mail may be allowed in countries that satisfy the following conditions:

1. Where the mailing system is fairly well-developed and secure to prevent the occasion of fraud;
   
   
   
   
2. Where there exists a technically established identification system that would preclude multiple or proxy voting; and,
   
   
   
3. Where the system of reception and custody of mailed ballots in the embassies, consulates and other foreign service establishments concerned are adequate and well-secured.
   
   
   

       Thereafter, voting by mail in any country shall be allowed only upon review and approval of the Joint Congressional Oversight Committee.

       17.2. The overseas absentee voters shall send his/her accomplished ballot to the corresponding embassy, consular or other foreign service establishment that has jurisdiction over the country where he/she temporarily resides. He/She shall be entitled to cast his/her ballot at any time upon his/her receipt thereof, provided that the same Is received before the close of voting on the day of elections. The overseas absentee voter shall be instructed that his/her ballot shall not be counted if not transmitted in the special envelope furnished him/her.

       17.3. Only mailed ballots received by the Philippine embassy, consulate and other foreign service establishments before the close of voting on the day of elections shall be counted in accordance with Section 18 hereof. All envelopes containing the ballots received by the embassies, consulates and other foreign service establishments after the prescribed period shall not be opened, and shall be cancelled and disposed of appropriately, with a corresponding report thereon submitted to the Commission not later than thirty (30) days from the day of elections.

Sec. 18. On-Site Counting and Canvassing. -

       18.1. The counting and canvassing of votes shall be conducted on site in the country where the votes were actually cast. The opening of the specially-marked envelopes containing the ballots and the counting and canvassing of votes shall be conducted within the premises of the embassies, consulates and other foreign service establishments or in such other places as may be designated by the Commission pursuant to the Implementing Rules and Regulations. The Commission shall ensure that the start of counting in all polling places abroad shall be synchronized with the start of counting in the Philippines.

       18.2. For these purposes, the Commission shall constitute as many Special Boards of Election Inspectors as may be necessary to conduct and supervise the counting of votes as provided in Section 18.2 hereof. The Special Boards of Election Inspectors to be constituted herein shall be composed of a Chairman and two (2) members, one (1) of whom shall be designated as poll clerk. The ambassador or consul-general, or any career public officer posted abroad designated by the Commission, as the case may be, shall act as the chairman; in the absence of other government officers, the two (2) other members shall be citizens of the Philippines who are qualified to vote under this act and deputized by the Commission not later than sixty (60) days before the day of elections. All resolutions of the Special Board of Election Inspectors on issues brought before it during the conduct of its proceedings shall be valid only when they carry the approval of the chairman.

       Immediately upon the completion of the counting, the Special Boards of Election Inspectors shall transmit via facsimile and/or electronic mail the results to the Commission in Manila and the accredited major political parties.

       18.3. Only ballots cast on, or received by the embassies, consulates and other foreign service establishments before the close of voting on the day of elections shall be included in the counting of votes. Those received afterwards shall not be counted.

       18.4. A Special Board of Canvassers composed of a lawyer preferably of the Commission as chairman, a senior career officer from any of the government agencies maintaining a post abroad and, in the absence of another government officer, a citizen of the Philippines qualified to vote under this Act deputized by the Commission, as vice-chairman and member-secretary, respectively, shall be constituted to canvass the election returns submitted to it by the Special Boards of Election Inspectors. Immediately upon the completion of the canvass, the chairman of the Special Board of Canvassers shall transmit via facsimile, electronic mail, or any other means of transmission equally safe and reliable the Certificates of Canvass and the Statements of Votes to the Commission, and shall cause to preserve the same immediately after the conclusion of the canvass, and make it available upon instructions of the Commission. The Special Board of Canvassers shall also furnish the accredited major political parties and accredited citizens' arms with copies thereof via facsimile, electronic mail and any other means of transmission equally safe, secure and reliable.

       The Certificates of Canvass and the accompanying Statements of Votes as transmitted via facsimile, electronic mail and any other means of transmission equally safe, secure and reliable shall be the primary basis for the national canvass.

       18.5. The canvass of votes shall not cause the delay of the proclamation of a winning candidate if the outcome of the election will not be affected by the results thereof. Notwithstanding the foregoing, the Commission is empowered to order the proclamation of winning candidates despite the fact that the scheduled election has not taken place in a particular country or countries, if the holding of elections therein has been rendered impossible by events, factors and circumstances peculiar to such country or countries, and which events, factors and circumstances are beyond the control or influence of the Commission.

       18.6. In the preparation of the final tally of votes on the results of the national elections, the Commission shall ensure that the votes canvassed by each and every country shall be reflected as a separate item from the tally of national votes. For purposes of this Act, the returns of every election for president and vice-president prepared by the Special Board of Canvassers shall be deemed a certificate of canvass of a city or province.

       18.7. Where feasible, the counting and canvassing of votes shall be automated. Towards this end, the Commission is hereby authorized to borrow, rent, lease or acquire automated voting machines for purposes of canvassing and counting of votes pursuant to the provisions of this Act, and in accordance with the Implementing Rules and Regulations promulgated by the Commission.

Sec. 19. Authority of the Commission to Promulgate Rules. - The Commission shall issue the necessary rules and regulations to effectively implement the provisions of this Act within sixty (60) days from the effectivity of this Act. The Implementing Rules and Regulations shall be submitted to the Joint Congressional Oversight Committee created by virtue of this Act for prior approval.

In the formulation of the rules and regulations, the Commission shall coordinate with the Department of Foreign Affairs, Department of Labor and Employment, Philippine Overseas and Employment Administration, Overseas Workers' Welfare Administration and the Commission on Filipinos Overseas. Non-government organizations and accredited Filipino organizations or associations abroad shall be consulted.

Sec. 20. Information Campaign. - The Commission, in coordination with agencies concerned, shall undertake an information campaign to educate the public on the manner of absentee voting for qualified overseas absentee voters. It may require the support and assistance of the Department of Foreign Affairs, through the embassies, consulates and other foreign service establishments, Department of Labor and employment, Department of Transportation and Communications, Philippine Postal Corporation, Philippine Overseas Employment Administration, Overseas Workers' Welfare Administration and the Commission on Filipinos Overseas. The Commission may deputize Filipino organizations/associations overseas for the same purpose: Provided, That any such deputized organization/association shall be prohibited from participating in the elections by campaigning for or fielding candidates; Provided, further, That if any such deputized organization/association is discovered to have a member who is not a qualified overseas absentee voter as herein defined, such deputized organization/association shall be banned from participating in any manner, and at any stage, in the Philippine political process abroad.

Such information campaign shall educate the Filipino public, within and outside the Philippines, on the rights of overseas absentee voters, absentee voting processes and other related concerns. Information materials shall be developed by the Commission for distribution, through the said government agencies and private organizations. No government agency or accredited private organizations shall prepare, print, distribute or post in websites any information material without the prior approval of the Commission.

Sec. 21. Access to Official Records and Documents. - Subject to the pertinent provisions of this Act, any person shall have the right to access and/or copy at his expense all registration records, voters lists and other official records and documents, subject to reasonable regulations as may be imposed by the Commission. 

Sec. 22. Assistance from Government Agencies. - All government officers, particularly from the Department of Foreign Affairs, Department of Labor and Employment, Department of Transportation and Communications, Philippine Postal Corporation, Philippine Overseas Employment Administration, Overseas Workers' Welfare Administration, Commission on Filipinos Overseas and other government offices concerned with the welfare of the Filipinos overseas shall, to the extent compatible with their primary responsibilities, assist the Commission in carrying out the provisions of this Act. All such agencies or officers thereof shall take reasonable measures to expedite all election activities, which the Commission shall require of them. When necessary, the Commission may send supervisory teams headed by career officers to assist the embassies, consulates and other foreign service establishment concerned. 

Sec. 23. Security Measures to Safeguard the Secrecy and Sanctity of Ballots. - At all stages of the electoral process, the Commission shall ensure that the secrecy and integrity of the ballots are preserved. The Committee on Absentee Voting of the Commission shall be responsible for ensuring the secrecy and sanctity of the absentee voting process. In the interest of transparency, all necessary and practicable measures shall be adopted to allow representation of the candidates, accredited major political parties, accredited citizens' arms and non-government organizations to assist, and intervene in appropriate cases, in all stages of the electoral exercise and to prevent any and all forms of fraud and coercion.

No officer or member of the foreign service corps, including those belonging to attached agencies shall be transferred, promoted, extended, recalled or otherwise moved from his current post or position one (1) year before and three (3) months after the day of elections, except upon the approval of the Commission. 

Sec. 24. Prohibited Acts. - In addition to the prohibited acts provided by law, it shall be unlawful: 

       24.1. For any officer or employee of the Philippine government to influence or attempt to influence any person covered by this Act to vote, or not to vote, for a particular candidate. Nothing in this Act shall be deemed to prohibit free discussion regarding politics or candidates for public office.

       24.2. For any person to deprive any person of any right secured in this Act, or to give false information as to his/her name, address, or period of residence for the purposes of establishing his/her eligibility or ineligibility to register or vote under this Act; or to conspire with another person for the purpose of encouraging the giving of false information in order to establish the eligibility or ineligibility of any individual to register or vote under this Act; or, to pay, or offer to pay, or to accept payment either for application to vote in absentia or for voting;

       24.3. For any person to tamper with the ballot, the mail containing the ballots for overseas absentee voters, the election returns, including the destruction, mutilation and manipulation thereof;

       24.4. For any person to steal, destroy, conceal, mutilate or alter any record, document or paper as required for purposes of this Act;

       24.5. For any deputized agent to refuse without justifiable ground, to serve or continue serving, or to comply with his/her sworn duties after acceptance of his/her appointment;

       24.6. For any public officer or employee who shall cause the preparation, printing, distribution of information material, or post the same in websites without the prior approval of the Commission

        24.7. For any public officer or employee to cause the transfer, promotion, extension, recall of any member of the foreign service corps, including members of the attached agencies, or otherwise cause the movement of any such member from his current post or position one (1) year before and three (3) months after the day of elections, without securing the prior approval of the Commission;

       24.8. For any person who, after being deputized by the Commission to undertake activities in connection with the implementation of this Act, shall campaign for or assist, in whatever manner, candidates in the elections;

       24.9. For any person who is not a citizen of the Philippines to participate, by word or deed, directly or indirectly through qualified organizations/associations, in any manner and at any stage of the Philippine political process abroad, including participation in the campaign and elections.

The provision of existing laws to the contrary notwithstanding, and with due regard to the Principle of Double Criminality, the prohibited acts described in this section are electoral offenses and punishable in the Philippines.

The penalties imposed under Section 264 of the Omnibus Election Code, as amended, shall be imposed on any person found guilty of committing any of the prohibited acts as defined in this section: Provided, That the penalty of prision mayor in its minimum period shall be imposed upon any person found guilty of Section 24.3 hereof without the benefit of the operation of the Indeterminate Sentence Law. If the offender is a public officer or a candidate, the penalty shall be prision mayor in its maximum period. In addition, the offender shall be sentenced to suffer perpetual disqualification to hold public office and deprivation of the right to vote.

Immigrants and permanent residents who do not resume residence in the Philippines as stipulated in their affidavit under Section 5(d) within three (3) years after approval of his/her registration under this Act and yet vote in the next elections contrary to the said section, shall be penalized by imprisonment of not less than one (1) year, and shall be deemed disqualified as provided in Section 5(c) of this Act. His/her passport shall be stamped "not allowed to vote".

Sec. 25. Joint Congressional Oversight Committee. - A Joint Congressional Oversight Committee is hereby created, composed of the Chairman of the Senate Committee on Constitutional Amendments, Revision of Codes and Laws, and seven (7) other Senators designated by the Senate President, and the Chairman of the House Committee on Suffrage and Electoral Reforms, and seven (7) other Members of the House of Representatives designated by the Speaker of the House of Representatives: Provided, That, of the seven (7) members to be designated by each House of Congress, four (4) should come from the majority and the remaining three (3) from the minority.

The Joint Congressional Oversight Committee shall have the power to monitor and evaluate the implementation of this Act. It shall review, revise, amend and approve the Implementing Rules and Regulations promulgated by the Commission.

Sec. 26. Applicability of Other Election Laws. - The pertinent provisions of the Omnibus Election Code, as amended, and other election laws, which are not in conflict with the provisions of this Act shall remain in full force and shall have suppletory application to this Act.

Sec. 27. Enforcement and Administration by the Commission. - The Commission shall, for the purpose of ensuring honest, orderly, peaceful and free elections abroad, have exclusive charge of the enforcement, administration and implementation of this Act.

Sec. 28. Mandatory Review. - Congress shall complete a mandatory review of this Act within two (2) years following the May, 2004 elections for the purpose of amending it to expand or restrict its coverage, scope and application, as well as improve its procedures and institute measures and safeguards, taking into account the experience of the previous election, technological advances and structural political changes.

Sec. 29. Appropriations. - The amount necessary to carry out the provisions of this Act shall be provided in a supplemental budget or included in the General Appropriations Act of the year of its enactment into law. Thereafter, the expenses for its continued implementation shall be included in the subsequent General Appropriations Act.

Sec. 30. Separability Clause. - If any part or provision of this Act shall be declared unconstitutional or invalid, other provisions hereof which are not affected thereby shall continue to be in full force and effect.

Sec. 31. Repealing Clause. - All laws, presidential decrees, executive orders, rules and regulations, other issuances, and parts thereof, which are inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.

Sec. 32. Effectivity. - This Act shall take effect fifteen (15) days following its publication in three (3) newspapers of general circulation.

Approved: February 13, 2003