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 BasisMODULE ---------------- 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 IRegistration----------------Sec. 7, Par. 1, RA 9189:The Commission shall ensure thatthe benefits of the system ofcontinuing registration areextended to qualified overseasabsentee votersPOLICYTo establish a clean, complete andaccurate list of overseas absenteevoters thru the adoption ofbiometrics technology in theregistration process, in all Postsand 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, +6325239924PLACE, DATE, TIME

Publication & Postingof 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 & IPosting of Notice----------------Information andEducation 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 overIncl: 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 IField 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---------------- orRegister 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 IOA VF Form No. 1(A pplication forRegis 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 ofImmigrationSeafarers> 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

Processes----------------

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

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 ofImmigrationSeafarers> 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

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

MODULE IOA VF No. 1(A pplication forRegis tration)

NROAV Scenarios---------------- in NROAVI MODULEI. Applicant’s Name not  Issue Form No.1.  Advise applicant to accomplish the form  Collect Form in case downloadedII. 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 notcapture, 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 IOA VF No. 1C-C ertification on VRMMalfunction

MODULE IOA 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 ElectionRegistration BoardThe in-house Election RegistrationBoard of the COAV, composed ofthree ranking COMELEC OfficialsIt is tasked with hearing –and approving ordisapproving – allapplications for registrationand 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 ApplicationsOctober 31, 2011 to December 21, 2011 December 28, 2011 January 5, 2012November 30, 2011December 1-31, 2011 January 20, 2012 January 27, 2012 February 6, 2012 January 1-31, 2012 February 21, 2012 February 28, 2012 March 7, 2012February 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, 2012September 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 theapplication.> RERB Chairman shall immediately notify the Applicant, or hisauthorized representative, of the objection >> How? Personally, or by registered mail (together withcopies of the objection and supporting docs)> The Applicant should file a Sworn Answer that clearly states hisdefenses >> When? Within 5 days of receipt of the objection >> Sworn? If the Answer is executed abroad: must be sworn tobefore 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 dateof filing. >> PROVIDED: that answers to objections toapplications filed from 1 to 31 October 2012, shall bereceived by the RERB not later than 29 November 2012.> RERB Chairman shall immediately forward the applicationto 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 (5days)

MODULE I Application Disapproved ---------------- Notice sent to applicant or his authorized representative Within 3 days By registered mail Stating reasons for disapproval

MODULEApplication IApproved----------------Post the list of approvedapplicationsAt the COAV OfficeOn the COMELEC websiteOn the DFA-AVS websiteon the day following theapproval 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 IDisapproved----------------ApplicationMotion for Reconsiderationfile within 5 days from receipt of noticeof disapproval RERB has 5 days to decideIf RERB gives due course to the Motionfor Reconsideration the name of theapplicant will be entered into the NROAV

Petition forInclusion* MODULE I----------------Who may file?> any applicant whose Motion forReconsideration has been deniedby the RERBWhen 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, theWhere to file? decision of the RERB is considered AFFIRMED with finality.> With the proper MetropolitanTrial Court in Manila

Petition forExclusion* 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 recordWhen to file? of the OAVoter concerned> Not later than 14 Nov 2012 *The Commission may make theWhere to file? necessary representation before the Court Administrator> With the proper Metropolitan Trial for the designation of special courtsCourt 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 orTransfer of municipality different from the voter’s residence as indicated inRegistration OAVF No. 1----------------Abroad one Post to anotherTransfer fromTransfer from one country toanother within the jurisdiction ofthe 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 IOA VF No. 1B –Letter-Reques t for Trans fer ofRegis 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 municipalitydifferent 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 IChange of Address or Withdrawal ofApplication Pending Approval----------------> WHO MAY FILE: An applicant for registration/certification whoseapplication:>> Has been forwarded to the COAV but have not yet been acted uponby 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 IOA VF No. 1F –Letter- Reques t to Withdraw theA pplication for Regis tration/ C ertification Pending A pproval

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

MODULE IChange of Address or Withdrawal ofApplicationPending 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 IChange of Address from one Residenceto another within the jurisdiction of thesame 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 citizenshiprecords 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 NROAVCOAV 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 IOA VF No. 1G–A pplication forReactivation ofRegis 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 IProcedure 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 IProcedure 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 orderWith ITD assistance, the COAV shall carry out the ordersThe 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 forregistration/certification will beincluded in the > NROAV >> alphabetically, regardless of location > ROAV >> alphabetically >> by city or municipality where the registrant is domiciled in thePHL For purposes of the 13 May 2013 National Elections, the NROAV shall be preparedNOT LATER THAN 14 DECEMBER 2012

MODULE IInadvertent exclusion from the NROAV;Registration with an erroneous ormisspelled 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 residenceApplication for correction of entries due to errors in encoding shall beALLOWED ONLY UNTIL 14 DECEMBER 2012

MODULE IOA VF No. 1D–A pplication forReins tatemen t in the NROA V

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

MODULE IPreparation 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 copiesPosts 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.

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

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Overseas Absentee Voting in the Philippines by COMELEC

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