Overseas Absentee Voting in the Philippines by COMELEC

B A S IC FE A TURE S OF OVE RS E A S A B S E NTE E VOTING IN THE PHILIPPINE S

MODULE I
MODULE 1

---------------
GENERAL
PROVISION
S

LegalI Basis
MODULE
----------------
Sec. 2, Art. V, 1987 Constitution:
“Section 2. The Congress shall
provide a system of securing the
secrecy and sanctity of the ballots as
well as the system for absentee
voting by qualified Filipinos abroad.”

RA 9189 (13 February 2003)
“The Overseas Absentee Voting Act
of 2003”

RA 8189 (11 June 1996)
Voter’s Registration Act of 1996

Res. No. 9269 (03 August 2011)
Gen. Inst. For the OAV Registration

MODULE I
Implemento
-----------------
rs Commission on Elections
---- (Committee on Overseas Absentee Voting)

Dept. of Foreign Affairs
(DFA-OAVS, 94 Embassies and Consulates)

DOLE, POEA, OWWA, CFO
(Labor Offices, Sec. 7, RA 9189)

Manila Economic & Cultural Office

MODULE I
Registration
----------------
Sec. 7, Par. 1, RA 9189:
The Commission shall ensure that
the benefits of the system of
continuing registration are
extended to qualified overseas
absentee voters

POLICY
To establish a clean, complete and
accurate list of overseas absentee
voters thru the adoption of
biometrics technology in the
registration process, in all Posts
and Field Registration Centers,
abroad and in the Philippines.

Notice MODULE I
----------------
REQUIREMENTS NOTICE OF REGISTRATION AND ELECTION
TO ALL FILIPINO CITIZENS

All citizens of the Philippines abroad, not otherwise disqualified by
law, at least eighteen (18) years of age on the day of the election, and who
wish to vote for Senators and Party-List Representatives for purposes of the
May 13, 2013 National Elections must file applications for registration/
certification as overseas absentee voters from October 31, 2011 to October
31, 2012. The voting period will be from April 13, 2013 until 3:00 p.m.,
Philippine time of May 13, 2013. For details, see the embassy/consulate
nearest your residence or visit the following websites:
DFA-Overseas Absentee Voting Secretariat (Manila) COMELEC-COAV
(Manila) www.dfa.gov.ph www.comelec.gov.ph
Hotlines: +6328330914, +6328328363 Hotlines: +6325222251, +6325212952, +6325239924
PLACE, DATE, TIME

Publication & Posting
of Notice MODULE I
----------------
Published abroad
 Through the Posts
At least 6 months before start of
registration
 At least once
• In a newspaper of general circulation, or
• In local Filipino newspapers of wide circulation
• Posting in Websites
>> COMELEC
>> DFA
>> Embassies/Consulates
>> Other website
 In countries with at least 5,000 Filipinos

Publication MODULE
& I
Posting of Notice
----------------
Information and
Education Materials
 Developed by COAV
 With the COMELEC-
EID
 With the DFA-OAVS

MODULE I to
Period
----------------
File
31 October 2011 to 31 October 2012
At least 5 days/week
 Need not be on Mon to Fri
Posts to determine
DFA-OAVS recommends
COAV Chairman approves

TIME FOR FILING
Only during designated days
Minimum of 8 hours

MODULE I
No
----------------
registration
Holidays in the Philippines

except Holidays in the host country
 Only upon request of the Post
 With the favorable
recommendation of the DFA-
OAVS
 Upon approval of the COAV
Chairman

MODULE I to
Where
----------------
File Before authorized COMELEC reps
> At designated places in the PHL
Incl: FIELD REGISTRATION > Prior to departure
(Predetermined time & place) > Ex: COAV, POEA, NAIA, OWWA

At the Posts
> which have consular jurisdiction over
Incl: MOBILE REGISTRATION the place where the registrants
(Part of Post’s outreach) temporarily reside

Field or Mobile RegistrationI
MODULE
----------------
Requirements
 Permission of host government
 Will not compromise security, integrity, and
sanctity of the registration process
 Will impact upon a significant number of PHL
nationals
 Will form part of the continuing registration
services provided by the Post
 Information about the registration must be widely
disseminated by the Post
 Must be consistent with the OAV law and DFA
internal guidelines

MODULE I
Field or Mobile Registration
----------------
Requirements
 Undertaken by authorized COMELEC reps
 Mobile registration must be at no cost to the COMELEC
 Field registration must be approved by the COAV
Chairman
 Field registration must be at minimal cost to the
COMELEC
 VRMs used must be taken from current inventory of
VRMs at the Post
 Registration at the post must not be affected

Who may MODULE I
----------------
>Registerwho is
Filipino citizen
>> Abroad
>>> or who will be abroad on
election day
>> At least Eighteen (18) years of
age on the day of the election
>>> Those who are not yet 18
during the period of
registration may also
register
>>>> Provided they will be
18 on the day of the
elections
>> Not otherwise disqualified by
law

Who may MODULE I
---------------- or
Register have reacquired
 Dual citizens who
retained their Philippine citizenship
under the “Citizenship Retention and
Reacquisition Act of 2003 (RA No.
9225)

 Immigrant or permanent residents
who, upon filing of an application for
registration as overseas absentee
voter, must execute an
Affidavit of Intent to Return
declaring that: they will resume
actual physical permanent residence
in the Philippines; and that they have
not applied for citizenship in another
country.

MODULE I
OA VF Form
No. 1
(A pplication
for
Regis tration
)

Who May Not Regis ter
(Dis qualifications )
• Those who
 lost their Filipino Citizenship in accordance with Philippine
laws
 expressly renounced their Philippine Citizenship and
pledge allegiance to a foreign country;
 convicted by final judgment of a court or tribunal of an
offense punishable by imprisonment of not less than one
(1) year, including those found guilty of disloyalty,
including
– Rebellion
– Insurrection
– Violation of the firearms laws
– Any crime against national security unless such disability has been
removed by plenary pardon or amnesty

Who May Not Regis ter
(Dis qualifications )
• Those who are:
 Declared insane or incompetent
• Competent authority
– in the Philippines
– in abroad
» Verified by Philippine Embassies, consulate or foreign
service establishments concerned
unless such competent authority subsequently certifies that
such person is no longer insane or incompetent
• Those convicted by final judgment
 Disqualified person shall automatically acquire the right to
register upon expiration of five (5) years after service of sentence
 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 judgment

Requirements for Registration*
----------------
> A valid passport
MODULE I
--
> If no passport, a DFA Certification that:
>> docs submitted will warrant the issuance of a passport; or
>> applicant has a passport but cannot produce it
> Accomplished application form (OAVF No. 1)**
Dual Citizens
> Order of Approval to retain or reacquire Filipino citizenship
> Oath of Allegiance
>> Original; or
>> Certified True Copy, issued by the Post; or
>> Certified True Copy, issued by the Bureau of
Immigration
Seafarers
> Photocopy of Seaman’s Book
> Any otherCOMMISSION MAYprove he is a seafarer OF IDENTITY
*THE
document to REQUIRE ADDITIONAL PROOF
** May be obtained at the registration site or downloaded from the post,
COMELEC-COAV, and FA-OAVS websites

MODULE I
MODULE 2
----------------
REGISTRATIO
N
PROCEDURES

S tatis tical Report on Regis tration

Procedures > The APPLICANT shall
MODULE I
---------------- >> Appear personally
>>> at the Post; or
>>> at the designated
registration center
in the PHL
>> Submit required docs

> SEAFARERS may file
application personally at any
Post or at any designated
registration centers in the
Philippines

Procedure #1
MODULE I
----------------

MODULE I
OA VF No. 1
(A pplication
for
Regis tration)

NROAV Scenarios
---------------- in NROAVI
MODULE
I. Applicant’s Name not
 Issue Form No.1.
 Advise applicant to accomplish the form
 Collect Form in case downloaded
II. Applicant’s Name in NROAV
1. Applicant’s Name included in the post
1.1. WITH BIOMETRICS
> Advise applicant not to register anew
1.2 WITHOUT BIOMETRICS
> Issue OAVF No. 1 for applicant to accomplish and
write on the appropriate space the Application
Number previously assigned to him as appearing in
the NROAV; and
> Stamp “FOR DATA CAPTURING ONLY”

NROAV Scenarios I
MODULE
---------------- in another post
2. Applicant’s Name included
2.1. WITH BIOMETRICS
 Advise applicant that he need not register anew
 Require the applicant to accomplish OAVF No. 1B –
Letter Request for Transfer of Registration Record
2.2. WITHOUT BIOMETRICS
 Advise the applicant to accomplish OAVF No. 1B –
Letter Request for Transfer of Registration Record
 Issue OAVF No. 1 for applicant to accomplish and
write on the appropriate space the Application
Number previously assigned to him as appearing in
the NROAV; and
 Stamp “FOR DATA CAPTURING ONLY”

Procedure #2
MODULE I
----------------

*VRM Scenarios

VRM Scenarios MODULE I
---------------- submit to biometrics
#1 If applicant does not
capture, the application is deemed not filed
#2 If VRM is defective or unavailable
> Advise applicant that he still has to undergo biometrics capture
> Require applicant to affix his right thumbprint on available
space between boxes for Date and Signature of Applicant on Part
II of OAVF No. 1 and to attach a photocopy of any valid
identification doc bearing his photograph to the OAVF No. 1
> Accomplish OAVF No. 1C - Certification on VRM Malfunction
that on the day of the filing of said application, the VRM was
defective or unavailable. The certification shall be attached to the
application.
> In part 2 of OAVF No. 1, affix initials under space for the
signature of the administering officer; Return initialed OAVF No.
1 to applicant and direct him to the representative of the
Commission

MODULE I

OA VF No. 1C
-C ertification
on VRM
Malfunction

Procedure #3
MODULE I
----------------

Procedure #4
MODULE I
----------------

Procedure #5
MODULE I
----------------

MODULE I
OA VF No. 1A
–Trans mittal
Report

Procedure #6 MODULE I
----------------
> The COAV shall:

MODULE I
MODULE 3
----------------
RERB
Hearings on Applications
Objections

RERB MODULE I
----------------
Resident Election
Registration Board
The in-house Election Registration
Board of the COAV, composed of
three ranking COMELEC Officials

It is tasked with hearing –
and approving or
disapproving – all
applications for registration
and certification .

RERB Duties and Functions
----------------
MODULE I

Hearing of Applications
MODULE I
----------------
> The RERB Chairman sets the applications for hearing, prepares and
posts the Notice of Hearing
>> When to post notice of hearing? As provided under Sec. 13 of
Resolution No. 9269
> Notify all political parties and other concerned parties of the pending
applications for hearing via COMELEC Website
> The RERB Chairman shall determine whether the applicant possess all
of the qualifications and none of the disqualifications for registration.
If so, APPROVED. Otherwise, DISAPPROVED!
> The RERB Chairman shall verify (via the NLRV) if the applicant is a
registered voter. If YES, the application is treated as an application for
CERTIFICATION. If NOT, the application is considered an application
for REGISTRATION
> If application is approved, the RERB shall direct the EO concerned to
annotate the CVL to show registration as OAVoter

Last Day to Post Last Day to File
Period to File Approval/
Notice of Hearing of Opposition to
Applications Disapproval
Applications Applications
October 31, 2011 to
December 21, 2011 December 28, 2011 January 5, 2012
November 30, 2011
December 1-31, 2011 January 20, 2012 January 27, 2012 February 6, 2012

January 1-31, 2012 February 21, 2012 February 28, 2012 March 7, 2012

February 1-28, 2012 March 21, 2012 March 28, 2012 April 4, 2012

March 1-31, 2012 April 20, 2012 April 27, 2012 May 4, 2012

April 1-30, 2012 May 21, 2012 May 28, 2012 June 4, 2012

May 1-31, 2012 June 21, 2012 June 28, 2012 July 5, 2012
June 1-30, 2012 July 20, 2012 July 27, 2012 August 3, 2012
July 1-31, 2012 August 21, 2012 August 28, 2012 September 4, 2012
August 1-31, 2012 September 21, 2012 September 28, 2012 October 5, 2012

September 1-30, 2012 October 22, 2012 October 28, 2012 November 5, 2012

October 1-31, 2012 November 22, 2012 November 29, 2012 December 6, 2012

Objections
MODULE I
----------------
> Who may file? Any interested party. Ex: Voter, Political party,
Watcher, Citizen’s Arm
>> When? On or before the date set for the hearing of the
application.
> RERB Chairman shall immediately notify the Applicant, or his
authorized representative, of the objection
>> How? Personally, or by registered mail (together with
copies of the objection and supporting docs)
> The Applicant should file a Sworn Answer that clearly states his
defenses
>> When? Within 5 days of receipt of the objection
>> Sworn? If the Answer is executed abroad: must be sworn to
before a Consular Officer. If sworn to before a non-Consular Officer,
must be authenticated by the Post.
>> If executed in the PHL, can be sworn to before any person
authorized to administer oaths

Objections
MODULE I
----------------
> If filed by registered mail, postmark date shall be the date
of filing.
>> PROVIDED: that answers to objections to
applications filed from 1 to 31 October 2012, shall be
received by the RERB not later than 29 November 2012.
> RERB Chairman shall immediately forward the application
to the Board for decision:
>> If no objection is filed;
>> Once an Answer has been filed; or
>> Once the period for filing an Answer has lapsed (5
days)

MODULE I
Application
Disapproved
----------------
Notice sent to applicant or his
authorized representative

Within 3 days
By registered mail
Stating reasons for disapproval

MODULE
Application I
Approved
----------------
Post the list of approved
applications
At the COAV Office
On the COMELEC website
On the DFA-AVS website

on the day following the
approval of the applications
The RERB Chairman shall direct
the ITD to include the names of
the approved applicants in the
NROAV

MODULE I
MODULE 4
----------------
Inclusions
Exclusions
Other remedies

Remedy for MODULE I
Disapproved
----------------
Application
Motion for Reconsideration

file within 5 days from receipt of notice
of disapproval
 RERB has 5 days to decide
If RERB gives due course to the Motion
for Reconsideration the name of the
applicant will be entered into the NROAV

Petition for
Inclusion*
MODULE I
----------------
Who may file?
> any applicant whose Motion for
Reconsideration has been denied
by the RERB

When to file? The Courts has to decide the case
within 15 days from the filing of the
> within 10 days from receipt of the petition for inclusion.
notice of denial
If the Court fails to do so, the
Where to file? decision of the RERB is considered
AFFIRMED with finality.
> With the proper Metropolitan
Trial Court in Manila

Petition for
Exclusion*
MODULE I
----------------
Who may file?
The Courts has to decide the case
within 15 days from the filing of the
petition for inclusion.

If the Court fails to do so, the
> Any interested party may file a
decision of the RERB is considered
verified petition for the exclusion AFFIRMED with finality.
from the NROAV of a registered or
certified Overseas Absentee Voter If the petition is granted, the RERB
shall cancel the registration record
When to file? of the OAVoter concerned

> Not later than 14 Nov 2012
*The Commission may make the
Where to file? necessary representation before the
Court Administrator
> With the proper Metropolitan Trial for the designation of special courts
Court in Manila that shall hear and decide exclusion
and inclusion cases

MODULE I
MODULE 5
----------------
Transfer of
Registration Records

MODULE I of
Transfer
Registration
----------------
PHL Transfer within the same city or
municipality

Transfer to a district or city or
Transfer of municipality different from the
voter’s residence as indicated in
Registration OAVF No. 1

----------------
Abroad one Post to another
Transfer from

Transfer from one country to
another within the jurisdiction of
the same Post

MODULE I for
Procedure
Transfer of
Registration
---------------- 1B
Records
Applicant accomplishes OAVF No.
> Attach photocopy of passport
> or other legal ID

File accomplished form personally or
by mail
> COAV
> Local Field Registration Center
> Post with jurisdiction over new
residence

MODULE I
OA VF No. 1B
–Letter-
Reques t for
Trans fer of
Regis tration
Record

MODULE Iof
Transfer
Registration
----------------
Records - Abroad
Post or Local Field Reg. Center shall:

> Prepare list of transfer applicants
> Transmit to COAV
>> Lists of names of applicants
>> Accomplished OAVF No. 1B and
OAVF No. 1, if any
>> Finalized CDs

COAV Chairman action on the
application for transfer

> Approve
> Disapprove

MODULE I
> Transfer to same PHL municipality/city/district

> Transfer to a district or city or municipality
different from the voter’s residence as indicated
----------------
in OAVF No. 1

> WHEN: October 31, 2011 – October 15, 2012
> WHERE: COAV / Local Field Reg. Center / OEO
> HOW: Accomplish OAVF No. 1B
The COAV shall:
> Verify if the applicant is included in the NROAV
> If the applicant is in the NROAV, the COAV Chair APPROVES.

MODULE I
MODULE 6
----------------
Change of Address or
Withdrawal of
Application
Pending Approval

MODULE I
Change of Address or Withdrawal of
Application Pending Approval
----------------
> WHO MAY FILE: An applicant for registration/certification whose
application:
>> Has been forwarded to the COAV but have not yet been acted upon
by the RERB
> WHAT TO FILE:
>> OAVF No. 1H (Change of Address to another Post); or
>> OAVF No. 1F (Withdrawal of previous application)
>>> In both cases, attach a photocopy of passport or
other legal ID
> WHEN: On or before October 31, 2010
> WHERE: At the post where the application was originally filed; or
at the post with jurisdiction over the new address
The Post shall send all verified forms to COAV for action.

MODULE I
OA VF No. 1F
–Letter-
Reques t to
Withdraw the
A pplication for
Regis tration/
C ertification
Pending
A pproval

MODULE I
OA VF No. 1H
–A pplication
for C hange
of A ddres s

MODULE I
Change of Address or Withdrawal of
Application
Pending Approval
----------------
> Application subject of withdrawals
>> Post will disregard said applications if NOT YET
transmitted to the COAV
>> Applicant’s data shall be deleted from the VRM
>>> BUT: applicant may still apply to POST
where he intends to vote.

MODULE I
Change of Address from one Residence
to another within the jurisdiction of the
same Post and country
---------------- Voter
> WHO MAY FILE: Registered
> WHAT TO FILE: OAVF No. 1H
> WHEN: Not later than November 29, 2012
> WHERE: At the post concerned
The COMELEC Rep shall
>> approve or disapprove the application
>> furnish the COAV and the OAVS with a copy
of the approval or disapproval
>> within 3 days from the date of the decision.

MODULE I
MODULE 7
----------------
Deactivation of
Registration Records;
Removal/Deletion of
Names of Overseas
Absentee Voters in the
NROAV

MODULE I of
Deactivation
----------------
records
Grounds
> Sentenced by final judgment to suffer
imprisonment of not less than one (1)
year;

> Declared insane or incompetent

> Adjudged by final judgment of any
crime involving disloyalty to the duly
constituted government;

> Exclusion from the NROAV by order of
the court; or

> Lost Filipino citizenship and has not
reacquired nor retained the same
under RA 9225

Deactivation of > Who haveinsane or incompetent by
lost Filipino citizenship

records MODULE judgments issued by
> Declared
I
competent authority abroad, and

----------------> Convicted by final
foreign courts or tribunals but only on
basis of reciprocity, subject to
Sandiganbayan, formalities and processes prescribed
RTCs by the Rules of Court on execution of
MTCs judgments
MeTCs

> Sentenced by final judgment to suffer
imprisonment of at least 1 year
> Sentenced by final judgment of having
committed any crime involving M
on
disloyalty to the duly constituted thly
authority
> Declared insane or incompetent by
competent authority
> Excluded from the NROAV by court
order

Procedure MODULE I
for Deactivation
----------------
COAV (On monthly basis) shall:
> Provide RERB w/ lists submitted by DFA & Clerks of Courts.

RERB (on the dates scheduled for the approval/
disapproval of applications for registration/ certification)
shall :
> Consider the consolidated lists
> Issue an Order of Deactivation
> Direct ITD of Commission to deactivate names of
registered overseas absentee voters in NROAV

COAV shall:
> Post list of deactivated voters at the Office of the COAV and
the websites of the COMELEC and the DFA
> Send individual notices to concerned voter or his representative

Procedure for Reactivation of Registration
Records

MODULE I
OA VF No. 1G
–A pplication
for
Reactivation
of
Regis tration
Records

MODULE I
Remove/Delete/Ca
----------------
ncel
Grounds
> Those who filed a sworn letter to the
COMELEC requesting
>> removal from NROAV; or
>> transfer to regular voter list
> Failed to vote in 2 consecutive
National Elections
> Immigrants & permanent
residents who:
>> failed to resume actual
physical & permanent residence
in the PHL
>> made misrepresentations in their
affidavits as to their application for
citizenship in another country
> Death, as certified by the post or the
Local Civil Registrar

Procedure MODULE I
for Removal/Deletion
----------------
COAV shall:
> Update the voting history of every OAVoter, per post, per country
> Prepare an updated list

>> OAVoters who failed to vote in the immediately preceding
2 successive national elections
>> OAVoters who requested for removal from the NROAV
>> Immigrants/permanent residents who registered for the 2004
National Elections but failed to resume actual physical
permanent residence in the Philippines
>> Those who died, as certified by the Post & Local Civil Registrar

> Recommend to the Commission, the removal /cancellation/ deletion
of registration records of those who failed to vote in two
consecutive national elections

MODULE I
Procedure for Removal / Deletion
---------------- COAV:
After receipt of the lists from

> The en banc shall issue the Order to remove /cancel/ delete from the
NROAV, the registration records of those who failed to vote in two
consecutive national elections

> COAV Chairman shall approve/authorize the removal/cancellation/
deletion of the registration records of those who:

>> validly applied for transfer from Overseas to Local registry
>> validly applied for removal from the NROAV
>> did not resume actual physical permanent residence in the
PHL
>> died

MODULE I
Procedure for Removal / Deletion
---------------- the En Banc & COAV Chair:
Upon receipt of Orders from

> The COAV shall prepare the list of those whose registrations are
to be removed /cancelled/ deleted
>> indicating the reasons
>> indicating the period to contest the order

With ITD assistance, the COAV shall carry out the orders

The COAV shall post the list of those removed/cancelled/
deleted at:
>> the COAV office
>> the COMELEC and DFA websites

MODULE I
MODULE 8
----------------
Inclusion in the NROAV
Inadvertent Exclusion
Corrections
Preparation of CLOAV

Inclusion in MODULE
NROAV I
----------------
All approved applications for
registration/certification will be
included in the

> NROAV
>> alphabetically, regardless
of location

> ROAV
>> alphabetically
>> by city or municipality where the
registrant is domiciled in the
PHL

For purposes of the 13 May 2013 National
Elections, the NROAV shall be prepared
NOT LATER THAN 14 DECEMBER 2012

MODULE I
Inadvertent exclusion from the NROAV;
Registration with an erroneous or
misspelled name
----------------
> WHO MAY FILE: Any affected register OAVoter or authorized rep
> WHAT TO FILE:
>> OAVF No. 1D – Application for reinstatement
>> OAVF No. 1E – Correction of name
> WHEN: Not later than December 14, 2012
> WHERE:
>> With the COAV
>> At the Post with jurisdiction over the OAVoter’s residence

Application for correction of entries due to errors in encoding shall be
ALLOWED ONLY UNTIL 14 DECEMBER 2012

MODULE I
OA VF No. 1D
–A pplication
for
Reins tatemen
t in the
NROA V

MODULE I
OA VF No. 1E
–A pplication
for C orrection
of Name

MODULE I
Preparation and Posting of CLOAV
----------------
Commission shall:
> Prepare an updated CLOAV on a per Post & Country basis by 13 January
2013
> Furnish all Posts, within the same period, with soft and hard copies

Posts shall:
> within 10 days, post the same on the bulletin boards and websites

Subject to reasonable regulation
and payment of prescribed fees,
any person shall have the right to
access and/or copy official
records and documents pertaining
to registration of voters.

Overseas Absentee Voting in the Philippines by COMELEC

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