amendments to absentee voting bill

8/7/2019 amendments to absentee voting bill

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FIFTEENTH CONGRESS OF THEREPUBLIC OF THE PHILIPPINESFirst Regular Session

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SENATE

Introduced by Senator FRANCIS G. ESCUDERO

EXPLANATORY NOTEThe Overseas Absentee Voting Act of 2003, officially known as Republic ActNo. 9189 provides for a system where citizens of the Philippines currently residing

or working overseas can exercise their constitutional right to suffrage.In the May 2010 National Elections, only about 153,300 Filipinos cast their

votes via OAV, which is a small fraction of the estimated 10 million overseasFilipinos.

Some of the factors behind the low turnout include the distance of OAVsfrom voting posts and the requirement to execute an Affidavit of Intent to Returnwhich states that one will return to the Philippines to take up permanent residencenot later than three years after the approval of registration as an OAV.

This bill seeks to amend Republic Act No. 9189 by removing the requirementfor execution of an Affidavit of Intent to Return, creating a Resident ElectionRegistration Board and allowing the conduct of field or mobile registration in postsoutside.Philippine embassies, among others.

With the foregoing proposals, it is expected that OAVs will have greaterparticipation in the next elections, hence, the passage of this measure is earnestlysought.

FRANCIS G. ESCUDERO


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FIFTEENTH CONGRESS OF THEREPUBLIC OF THE PHILIPPINESfirsl Reglliar Session

)))SENATE

S. B. No. 2124Introduced by Senator FRANCIS G. ESCUDERO

"A N ACT

, I,

AMENDING REPUBLIC ACT NO. 9189 OTHERWISE KNO WN AS "TIlEOVERSEAS ABSENTEE VOTING ACT OF 2003"

Be il en(lcted by lhe Sennte and the House of Representatives of the Philippll1es in CongressII sse 111biciI:

1 Section1. Sect ion 3 of Republic Act No. 9189, otherwise known as "The Overseas2 Absentee Voting Act of 2003" is hereby amended to read as follows:3 "Sec. 3. Definition of Terms. - For pmposes of this Act:4 [c] A. "eerUfied Usl of Oversells Absenlee Volers" refers to the list of registered5 overseas absentee voters whose applications to vote in absentia have been6 approved by the Commission, said list to be prepared by the Committee7 on OVERSEAS Ahsentee Voting of the Commission, on a coul1try-by-8 counlly AND POST BY POST basis. The list shall be approved by the9 Commission in an en banc resolution;

10 b. "Col'llll1issicJ1l" refers to the Commission on F.leclions;11 C. "COMMl' lTt:t : ON OVERSt:AS ABSt:N'l'Et: VOTlNG ((,OA V)" REFERS TO12 TIlE COMMITTEE OF TITE COMMISSION TASKED TO OVERSEE13 AND SUPERVISE THE EFFECTIVE IMPLEMENTATION OF THE14 OVERSEAS ABSENTEE VOTING LAW;


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d. "OilY 0/Election" refers to the actlwl dale of elections in the Philippines;E. "OTA OVEI


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COMMISSION FOR EVERY MUNICIPALl'J'Y/CITY/DISTRICT, OFOVERSEAS ABSENTEE VOTERS WIIOSE APPLICATIONS FORREGISTRATION AS SUCIl, INCLUDING THOSE REGISTEREDVOTF.RS UNDER REPUBT.IC ACT NO. 8189 WHO APPT.IED FORCERTIFICATION AS OVERSEAS ABSENTEE VOTERS, HAVEBEEN APPROVED BY THE ELECTION REGISTRATION BOARDAND/OR RESIDENT F.LF.CTION REGISTRATION BOARD;[eJI. "NallOnal Regislry of Absel)lee Volers" refers to the consolidated listprepared, approved and maintained by the Commission, of overseasabsentee voters whose applications for registration as absentee voters,includinf', those ree,istered voters UNDER REPUBLIC ACT NO. 9189who have applied to be certified as absentee voters, have beenapproved by the RESIDENT Election Registration Board,INDICATING THE POST WHF.RE THE OVERSEAS ABSENTEEVOTER IS REGISTERED;

if] J. "Overseas Absenlee Voler" refers to a citizen of the Philippines who isqualified to ref',ister and vote under this Act, not otherwise disqualifiedby law, who is abroad on the day of elections;

lal K."OVF.RSEAS Absentee Votinf'," refers to the process by whichqualified citizens of the Philippines abroad exercise their right to vote;L. "POSTS" REFERS TO THE PHIUPPINE EMBASSIES,

CONSULATES, FOREIGN SERVICE ESTABT.ISHMF.NTS ANDOTHER PIIILIPPINE GOVERNMENT AGENCIES MAINTAINING

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OFFICES ABROAD AND HAVING JURISDICTION OVER THE

PLACES WHERE THE OVERSEAS ABSENTEE VOTERS RESIDE;M. "lU::SIDENT ELEcnON REGISTI{ATION BOARD O{EIW)" REFERS

TO THE IN-HOUSE ELECTION REGISTRATION BOARD OF TH ECOAV COMPOSED OF THREE (3) RANKING OFFICIALS FROMTIlE COMMISSION, WITH A REPRESENTATIVE EACH FROMTIlE DEPARTMENT OF FOREIGN AFFAIRS (DFA) AND TIlEDEPARTMENT OF LABOR AND EMPLOYMENT (DOLE), TH E

MAIN FUNCTIONS OF WHICH ARE TO PROCESS, APPROVE ORDISAPPROVE ALL APPUCATIONS FOR REGISTRATION AND/ORCERTIFICATION AS OVERSEAS ABSENTEE VOTERS,INCLUDING DEACTIVATION, REACTIVAT10N ANDCANCELLATION 01' REGISTRATION RECORDS;

N. "STAFARJ:RS" REFER TO SHIP OFFICERS AND RATINGSMANNING SHIPS, INCLUDING OFFSHORE WORKERS, SERVICEPROVIDERS AND FfSIIERMEN, AS DEFfNED IN TIlE REVISEDRULES ON THE ISSUANCE or' 'SEAFARER'S IDENTIFICATIONAND RECORD BOOK' OF THE MARITIME INDUSTRYAUTIIORITY;

O. "SPIXIAL BALLOT RECEP'1'10N AND CUSTODY GROUP (SBRCG)"REFERS TO TH E GROUP CONSTrrUTED BY THE COMMISSIONTO RECEIVE AND TAKE CUSTODY OF ALL ACCOUNTABI.E ANDOTJIEH. ELECTION FORMS, SUPPLIES AND PARAPHERNALIAFROM TIlE COAV FOR TRANSMITTAL TO TIlE 'SPECIAL

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BOARDS OF ELEcnON INSPECTORS' AND 'SPECIAL BOARDSOF CANV ASSERS';

1'. "SPECIAL BOARD o r CANVASSERS (SHOC)" REFERS TO TilEBODY DEPUTIZED BY THE COMMISSION TO CANVASS THEOVERSEAS ABSENTEE VOTING ELECTION RETURNS

6 SUBMITTED TO IT BY TIlE SPECIAL BOARD OF ELECTION7 INSPECTORS;8 Q. "SPTCIAJ. BOARD OF nTCTION INSPTCTORS (SBn)" REFERS TO

9 THE BODY DEPUTIZED BY THE COMMISSION TO CONDUCT10 TIlE VOTING AND COUNTING OF VOTES;11 R. "SYSTEM o r CONUNUING REGISTRATION" REFERS TO TilE ACT12 OF ACCOMPLISHING AND FILING OF A SWORN APPJ.ICATION13 FOR REGISTRATION AND /OR CERTIFICATION BY A QUALIFIED14 OVERSEAS ABSENTEE VOTER BEFORE TIlE PERSONNEL15 DEPUTIZED BY TilE COMMISSION WITIIIN ONE (1) YEAR16 BEFORE THE START OF THE VOTING PERIOD AND OF17 INCLUDING THE SAME IN THE NROAV UPON APPROVAL BY18 TH E RERB;19 S. "VOTING PTRIOD" REFERS TO A CONTINUOUS THIR'fY (30)-

20 DAY PERIOD, THE LAST DAY OF WHICH IS THE DAY OF21 ELECTION, INCLUSIVE 01' ESTABLISHED HOLIDAYS IN TilE22 PHILIPPINES AND OF SUCH OTHER HOLIDAYS IN THE HOST23 COUNTRIES."24 Sec. 2. Section 4 of the same Act is hereby amended as follows:

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1 "Sec. 4. Coverage. - All citizens of the Philippines abroad, who are not2 otherwise disqualified hy law, a[least eighteen (18) years of age on the day of3 . elections, may vote for Plplresident, V[vlice-PlpJresident, senators and parly-4 list representatives, AS WET.I. AS IN ALI. NATIONAL REFERENDA AND5 I'LEIHSCITllS."6 Sec. 3. Sect ion 5 of the same Act is hereby amended as follows:7 "Sec. 5. Disqualifications, - 'l11e following shall he disqualified from8 voling under this Act:9 /I a) Those who have lost theil' Filipino citizenship 111 accordance with

10 Philippine laws;11 "b) Those who have expressly renounced their Philippine citizenship and12 who have pledged allegiance to a foreign countTY, EXCEPT TnOSE13 WIIO BAVE REACQUIRED OR RETAINED TIIEIR I'llILlPPINE14 CITIZENSIIII' UNDER REPUBLIC ACT NO. 9225, OTIlERWISE15 KNOWN AS THE "CrrIZENSHIP RETENTION AND16 REACQUISITION ACT OF 2003";17 " ) Those who have committed and are convicted in a final judgment by a18 PHIJ.IPPINE court or h'ibunal of an offense punishable by19 imprisonment of not less than one (1) year, lincluding those who have20 committed and been found guilly of Disloyally as defined under21 Article 137 of the Revised Penal Code] such disability not having been22 removed by plenary pardon or amnesty: Provided, however, That any23 person disqualified to vote under this subsection shall automatically24 acquire the right to vote upon TIlE expiration of five (5) years after

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1 service of sentence, AND; [Provided, further, That the Commission may2 take cognizance of final judgments issued by foreign courts or3 tribunals only on the basis of reciprocity an d subject to the formalities4 and processes prescribed by the Rules of Court on execution of5 judgments;]6 I" d) An immigrant or a permanent resident who is recognized as such7 in the host country, unless he/she executes, upon registTation, an8 affidavit prepared for the purpose by the Commission declaring that9 he/ she shall resume actual physical permanent residence in the

10 Philippines no t later than three (3) years from approval of his/her11 registration under this Act. Such affidavit shall also slate that he/she12 has not applied for citizenship in another country. Failure to return13 shall be the cause for the removal of the name of the immigrant or14 permanent resident from the National Regishy of Absentee Voters and15 his/ her permanent disqualification to vote in absentia[.16 Ie] D. "Any ciUzen of the Philippines abroad previously declared17 insane or incompetent by competent authority in the Philippines or18 abroad, as verified by the Philippine embassies, consulates or foreign19 service, establishments concerned, unless such competent authority20 subsequently certifies that such person is no longer insane or21 incompetent."22 Sec.4. Section 6 of the same Act is hereby amended to read as follows:

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"Sec. 6. Personal Overseas Absentee Registration AND/ORCERT1l1CA'lION. - Registration AND/OR CERTIFICATION as an overseasabsentee voter shall be done in person AT AN Y POST ABROAD OR ATDESIGNATED REGISTRATION CENTERS OU'l'SIDE THE POST OR INTHE PHlJ.IPPINES APPROVED BY THE COMMISSION.

"I Qualified citizens of the Philippines abroad who failed to registerunder l{epublic Act No. 8189, otherwise known as the "The VotersRegistration Act of 1996", may personally apply for registration with theElection Registration Board of the city or municipality where they weredomiciled immediately prior to their departure from the Philippines, or withthe representative of the Commission at the Philippine embassies, consulatesand other foreign service establishments that have jurisdiction over thelocality where they temporarily reside. Subject to the specific guidelinesherein provided, the Commission is hereby authorized to prescribe addi tionalprocedures for overseas absentee registration pursuant to the provisions ofRepublic Act No. 8189, whenever applicable, taking into strict considerationthe time zones and the various periods and processes herein provided for theproper implementation of this Act. The embassies, consulates and otherforeign service establishments shall transmit within (5) days from receipt theaccomplished registration forms to the Commission, after which theCommission shall coordinate with the Election Officer of the city ormnnicipality of the applicant's stated residence for verification, hearing andannotation in the permanent list of voters.

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"[All applications for the May, 2004 elections shall be filed with theCommission not later than two hundred eighty (280) calendar days before theday of elections. For succeeding elections, the Commission shall provide 01'the period within which applications to register must be filed.In the case of seafarers, the Conunission shall provide a special mechanismfor the lime and maImer of personal registration taking into consideration thenature of their work.

"[6.1. Upon receipt of the application for registration, the ElectionOfficer shall immediately se t the application for hearing, 11le notice of whichshall be posted in a conspicuous place in the premises of the city or municipalbuilding of the applicant's stated residence for at least one (1) week before thedate of the hearing. The Election Officer shall immediately furnish a copy ofthe application to the designated representatives of political parties and otheraccredited groups.

"[6.2. If no verified objection to the application is filed, the ElectionOfficer shall immediately forward the application to the Election RegistrationBoard, which shall decide on the application within one (1) week from thedate of hearing willl0ut waiting for the quarterly meeting of the Board. Theapplicant shall be notified of the approval or disajJproval of his/herapplication by registered mail.

"16.3. In the event that an objection to tile application is filed prior toor on the date of hearing, the Election Officer shall notify the applicant of saidobjection by registered mail, enclosing therein copies of affidavits or

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documents submitted in support of the objection filed with the said ElectionOfficer, i f any. The applicant shall have the right to file his counter-affidavitby registered mail, clearly stating therein facts and defenses sworn before anyo f f i c ( ~ r in the host country authorized to administer oaths.

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

"[6.5 A Certificate of Registration as an overseas absentee voter shall beissued by the Commission to all applicants whose applications have beenapproved, including those certified as registered voters. The Commissionshall include the approved applications in the National Registry of AbsenteeVoters.

"16.6. I f the application has been approved, any interested party mayfile a petition for exclusion no t later than two hundred ten (210) days beforethe day of elections with the proper municipal or metropolitan trial court. Thepetition shall be decided within fifteen (15) days after its filing on the basis ofthe documents submitted in connection therewith. Should the court fail torender a decision within the prescribed period, the ruling of the ElectionRegistration Board shall be considered affirmed.

"16.7. I f the application has been disapproved, the applicant or hisauthorized representative shall, within a period of five (5) days fro111 receiptof the notice of disapproval, have the right to file a petition for inclusion withthe proper municipal or metropolitan trial courL The petition shall be decided

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within five (5) days after its filing on the basis of documents submitted inconnection therewith.

"IQualified citizens of the Philippines abroad, who have previouslyrceistered as voters purslranl to Republic Act No. 8189 shall apply forcertification as absentee voters and for inclusion in the National Registry ofOverseas Absentee Voters, with a corresponding alUlOtation in the CertifiedVoters' List]"

"FIELD AND MOBILE REGISTRATION CENTERS SHALT. BE SETUP BY THE POSTS CONCERNED TO ENSURE ACCESSIBIJ.ITY BY THEOVERSEAS ABSENTEE VOTERS.

"ALL APPLICANTS SHALL SUBMIT THEMSELVES FOR LIVECAPTURE OF THEIR BIOMETRICS.

"REMOTE REGISTRATION THROUGH THE INTERNET MAYALSO BE ALLOWED BASED ON TIlE GUIDELINES AND

15 PROCEDURES DETERMINED BY THE COMMISSION, PROVIDED16 TlIAT TlIE AI'I'ROPRIATE TECHNOLOGY WILL ENSURE ADEQUATE17 SECURITY AND VOTER AUTHENTICITY."18 Sec. 5. A new Section 7 is hereby inserted to read as follows:19 "SJ:c. 7. RJ:SrDJ:NT n.J:CTION RJ:CISTRATION BOARD (RJ:RB);

20 COMPOSITION, POWERS AND ElTECT. - THE COMMISSION SHALL21 APPOINT AS MANY RESIDENT ELECTION REGISTRATION BOARDS22 (RERBs) AS THERE ARE APPLICATIONS TO PROCESS AND FOR SUCH23 DURATION AS MAY BE NECESSARY.

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"THE RERB SHALL BE COMPOSED OF THREE RANKINGOFFICIALS l 'ROM TIlE COMMISSION, TIlE IJIGIrEST RANKING OFWIIOM SIIALL SERVE AS CIIAIRPERSON, WITU A REPRESENTATIVEEACH FROM THE DEPARTMENT OF FOREIGN AFFAIRS (DFA) ANDTHE DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) ASMEMBERS."

"7:1. THE RERB SHALL PROCESS, APPROVE OR DISAPPROVEALL APPLICATIONS FOR REGISTRATION AND/OR CERTII'ICATION

AS OVERSEAS ABSENTEE VOTERS, INCLUDING DEACTIVATION,REACTIVATION AND CANCELLATION OF REGISTRATION

11 RECORDS.12 "7.2 TIIE RERB SIIALL UAVE TIlE SOLE POWER AND13 AUTHORITY TO APPROVE OR DISAPPROVE TH E APPLICATION FOR14 REGISTRATION AND/OR CERTIFICATION."15 Sec. 6. A new Section 8 is hereby inserted to read as follows:16 "STC. 8. DUnTS AND FUNCTIONS OF THT RTRR -1718192021

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"8.1. UPON RECEIPT OF TITE APPLICATIONS FORREGISTRATION AND/OR CERTIFICATION FROM TH E POSTS ANDFROM THE DULY DESIGNATED REGISTRATION CENTERS IN TH E

PlIlLIPPINES, TITE RERB SIIALL SCHEDULE TIfE HEARING OF TIrEAPPLICATIONS FOR REGISTRATION AND/OR CERTIFICATION.

"THE RERB SHALL NOTIFY ALL POLITICAL PARTIES ANDOTHER PARTIES CONCERNED OF THE PENDING APPLICATIONSFO R REGISTRATION AND/OR CERTIFICATION THROUGH A

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WEEKLY UPDATED PUBLICATION IN THE WEBSI'J'ES OF TH ECOMMISSION, TIlE DFA-OAVS, THE DOLE AND OF ACCREDITEDFILIPINO CIVIL SOCIETY ORGANIZATIONS AND TO POST TilENAMES IN CONSPICUOUS PLACES NEAR THE PLACE WHERE RERBWILL HOLD T'J'S HEARINGS.

"8.2. ANY PARTY MAY FILE AN OBJECTION TO TH EAPPLICATION WrrHIN SEVEN ('7) DAYS AFTER THE PUBJ.ICATIONOR POSTING 01' TIlE NAMES 01' TIlE APPLICANTS. IN CASE OF

DISAPPROVAL OF TIlE APPLICATION l'OR REGISTRAnON AND/ORCER'J'lFICATION, TH E RERB SHALL NOTIFY THE APPLICANT, ORHERfHIS AUTHORIZED REPRESENTATIVE IN THE PHILIPPINES,WITIIIN FIVE (5) DAYS FROM TilE DATE OF DISAPI'ROVAL,STATING THE REASONS THEREFOR.

"8.3. THE RERB SHALL INCLUDE THE NAMES OF THEAPPLICANTS WITH APPROVED APPLICATIONS IN THE NA'J'IONALREGISTRY OF OVERSEAS ABSENTEE VOTERS (NROAV) AND IN THECERTIFIED LIST OF OVERSEAS ABSENTEE VOTERS (CLOAV) IN THEPOSTS WHERE TIlEY INTEND TO VOTE, SUBJECT TO TIlEAPPROVAL OF THE COMMISSION EN BANe. THE NAMES OFAPPLICANTS WITH APPROVED APPT.ICATIONS SHALL BEPUBLISIIED IN TIlE WEBSITES OF TIlE COMMISSION , TIlE DFA, TIlEDOLE AND TIlE ACCREDITED FILII'INO CIVIL SOCIETYORGANIZATIONS.

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1 "S.4. APPROVAT. OF THE RERB ON APPLICATIONS FOR2 REGISTRATION OR CERTIFICATION SHALL BE IMMEIJIATELY3 EXECUTORY, UNLESS REVERSED OR SET ASIDE BY l'INAL AND4 EXECU['ORY JUDGMEN'!' BY A COURT OF COMPETENT5 JURISDICTION.6 "S.S. TH E RERB SHATJ. PERFORM SUCH OTHER DUTIES AS7 MAY BE CONSISTENT WITH ITS FUNCTIONS, AS PROVIDED IN THIS8 ACT."

9 Sec. 7. A new Section 9 is hereby inserted to read as follows:10 "STC.9. PTTITON FOR INCT.USION/TXCT.USION-11 "9.1. PTTITION FOR TXCT.USION. - IF THE APPLICATION HAS12 BEEN APPROVED, ANY INTERESTED PARTY MAY FILE A PETITION13 FOR EXCLUSION NOT LATER THAN ONE HUNDRED EIGHTY (180)14 DAYS BEFORE TIlE DAY OF ELECTIONS WITH TIlE PROPER15 MUNICIPAL / METROPOLITAN TRIAL COURT, F.ITHER WHERE THE16 RERB SITS, OR WHERE TIlE OVERSEAS ABSENTEE VOTER RESIDES,17 AT TIlE OPTION OF TIlE PETITIONER.18 "THE PETI'l'ION SHATJ. BE DECIDED ON THE BASIS OF THE19 DOCUMENTS SUBMITTED WITHIN FIFTEEN (15) DAYS FROM r rs20 FILING, BUT NOT LATER THAN ONE HUNDRED TWENTY (120) DAYS21 BEFORE TIlE START OF TIlE VOTING PERIOD. SHOULD THE COURT22 FAIT. TO RENDER A DECISION WrrHIN THE PRESCRIBED PERIOD,23 THE RUI.ING OF THE RERB SHALL BE CONSIDERED AFFIRMED."

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"9.2. PETITION FOR INCJ,USION. - IF THE APPLICATION HASBeeN DISAPPROVeD, TIW APPLICANT OR lIeH/IIlS AUTIIORIZeDIWPReSeNTATIVe SHALL HAVe TTW RIGlIT TO FILe A MOTION FORRECONSIDERATION BEFORE THE RERB WITHIN A PERIOD OF FIVE(5) DAYS FROM RECEIPT OF THE NOTICE OF DISAPPROVAL THEMOTION SIIALL Be DeCIDeD WlTIIIN l'lVJ:: (5) DAYS AFTeR ITSFILING ON TIW BASIS OF DOCUMENTS SUBMITTED. TIlERESOLUTION OF THE RERB SHALL BE IMMEDIATELY EXECUTORY,

UNLESS REVERSED OR SET ASIDE BY THE COURT."WITHIN TEN ClO) DAYS FROM RECEIPT OF NOTICE DENYING

THE MOTION FOR RECONSIDERATION, THE APPLICANT MAY FILEA PETITION FOIt INCLUSION WITH TIlE PROPER MUNICIPAL IMETROPOLITAN TRIAL COURT, EITHER WIIERE TIlE RERB SITS, ORWHERE THE OVERSEAS ABSENTEE VOTER RESIDES, AT THEOPTION OF THE PETITIONER.

"TIlE PETITION SHALL Be DECIDED ON TIlE BASIS OF TIlEDOCUMENTS SUBMITTED WITHIN FIFTEEN (15) DAYS FROMFILING, BUT NOT LATER THAN ONE HUNDRED 'lWENTY (120) DAYSBEFORE THE START OF THE VOTING PERIOD. SHOULD THE COURTFAIL TO RENDER A DECISION WI'l'HIN THE PRESCRIBED PERIOD,TIlE ReRB RULING SHALL BE CONSIDEReD AFFIRMED.

"QUALIFWD PIIILII'PINE CITIZeNS ABROAD WIIO IIAVEPREVIOUSJ,Y REGISTERED AS VOTERS PURSUANT TO REPUBLICACT NO. 8189 SHALL APPLY FO R CERTIFICATION AS ABSENTEE

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1 VOTERS AND FOR INCLUSION IN THE NROAV. IN CASE OF2 AI'I'ROVAL, TIlU aUCTION OFFICUR CONCURNUD SIIALL3 ANNOTATU TIIU NAMU OF TIIU VOTER IN TilE CERTIFIED VOTERS4 LIST AND IN HER/HIS VOTER'S REGISTRATION RECORDS."5 Sec. 8. I\. new Section 10 is hereby inserted 10 read as follows:6 "STC.l0. TRANSFTR OF RTCISTRATION RTCORD. - IN THE7 EVENT OIl CIIANGU OF VOTING VUNUU, AN OVURSEAS AI3SUNTEE8 VOTER MUST FILU AN AI'PUCATION j i ( ) ! { TRANSFER OF 1IE1{jfIlS9 REGISTRATION RECORD TO THE COAV, THROUGH ITS

10 CHAIRMAN, AT LEAST ONE HUNDRED EIGHTY (180) DAYS PRIOR11 TO TIlU NUXT NATIONAL aUCTIONS; PIWVf1)ED, THAT TIlOSU12 WHO WOULD UVUNTUALLY VOTU IN TIIU PIIILII'I'INES SHOULD13 REGISTER WITHIN THE TIME FRAME PROVIDED FOR LOCAL14 REGISTRATION IN THE MUNICIPALITY, CITY OR DISTRICT WHERE15 TIlEY INTUND TO VOTE AND; PROVIDED, rUKllIER, THAT TIIOSU16 WlIO HAVU RUGISTURUD IN TIIU MUNICIPALITY, CITY OR17 DISTRICT WHERE THEY RESIDED PRIOR TO THEIR DEPARTURE18 ABROAD NEED NOT REGISTER ANEW; I'ROVIDTD, FINAlJ,Y, THAT19 THU APPLICANTS SIIALL NOTIFY TIIU COAV, THROUGH ITS20 CHAIRMAN, OF TTIEIR TRANSFUR IN TIlE PIIILIPPINUS AT LEAST21 ONE HUNDRED EIGHTY (180) DAYS PRIOR TO TH E NEXT NATIONAL22 ELECTIONS FOR PURPOSUS OIl CANCULLING TIIUIR NAMES IN THU23 CLOAV AN D OF RUMOVING TIIEIR OVERSUAS AI3SENTUE VOTUR'S24 REGISTRATION RECORDS FROM THE BOOK OF VOTERS".

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1 Sec. 9. Section '7 of the same Act is hereby renumbered as Section 11 and IS2 amended to read as follows.3 "Src. [7Jll. - System of Continuing Registration. - The Commission4 shall ensure that the benefits of the system of conlinuine reeistration are5 extended to qualified overseas absentee voters. REGISTRATION SHALL BE6 CONDUCTED AT LEAST ONE (1) YEAR BEFORE TIlE START OF TIlE7 VOTING PERIOD. Towards this end, the Commission IS IshaUI8 AUTHORIZED TO UTILIZE AND optimize tile use cif existing facilities,9 persolUlel and mechanisms of the various government agencies for purposes

10 of data eatherine AND Idata] validation, information dissemination and11 facilitaLion of fue reeistralion process.12 "TIlE INFORMATION AND DATA ACQUIRED TIIROUGII TIIIS13 PROCESS SHAn BE TREATED AS CONFIDENTIAL AND SHALL BE14 USED SOLELY FOR AN D IN CONNECTION WITH TIlE LAWFUL AND15 OI'FICIAL FUNCTIONS OF TIlE COMMISSION, AND FOR TIlE16 PURPOSES INTENDED BY THIS ACT.17 "Pre-departure ORIENTATION programs (I'DOS), services and18 mechanisms offered and administered by the Department of Foreign Affairs,19 Department of Labor and Employment, Philippine Overseas Employment20 Administration, Overseas Workers' Welfare Administration, Commission on21 Filipinos Overseas and BY other appropriate agencies of the government22 AND I'RIVATE AGENCIES PROVIDING TilE SAME SERVICES SHALL23 INCLUDE THE SAJ.IENT FEATURES OF THIS ACT AND shall be utilized

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for purposes of supporting the overseas absentee registration and votingprocesses, subjeclto SYSTEMS limitations AND THOSE imposed by law.

"ALL EMPLOYMENT CONTRACTS PROCESSED ANDAPPROVED BY THE PHILIPPINE OVERSEAS EMPLOYMENT

5 ADMINISTRATION SHALL CONTAIN TH E RIGHT OF TH E MIGRANT6 WORKERS TO EXERCISE THEIR CONSTITUTIONAL RIGHT OF7 SUFFRAGE WITHIN THE LIMITS PROVIDED FOR BY THIS ACT."8 Sec. 10. Section 8 of tile same Act is hereby renumbered as Sec. 12 and is amended9 to read as follows:

10 "Sec. [8J 12. Requirements for Registration. - Every Filipino registrant11 shall be req[lired to furnish the following documents:1213

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a) A valid Philippine passport. In the absence of a valid passport, acertification of the Department of Foreign Affairs that i t has reviewedthe appropriate documents submitted by the applicant and lIAS foundthem sufficient to warrant the issuance of a passport, or thai theapplicant is a holder of a valid passport bu t is unable to produce thesame for a valid reason;

"b) Accomplished regish'ation form preSCribed by the Commission, AND;1 ontaining the following mandatory information:

[" 1. Last known residence of the applicant in the Philippines beforeleaving for abroad;

I"ii. Address of applicant abroad, or forwarding address in the case ofseafarers;

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["iii. Where voting by mail is allowed, the applicant's mailing addressoutside the Philippines where the ballot for absentee voters will besent, in proper cases; and;

l"iv.Name and address of applicant's authorized representative in thePhilippines for purposes of Section 6.7 and Section 12 hereof.

I"c. In the case of immigrants and permanent residents not otherwisedisqualified to vote under this Act, an affidavit declaring tile intentionto resume actual physical permanent residence in the Philippines notlater than three (3) years after approval of his/her regish'ation as anoverseas absentee voter under this i\ct. Such affidavit shall also statethat he/ she has not applied for citizenship in another count'Yl;

"c). APPLICANTS WIlO AVAILED TIIEMSELVES OF TIlECITIZENSHIP RETENTION AND REACQUISITION ACT (R.A.NO . 9225) SHALL PRESENT THE ORIGINAL OR CERTIFIEDTRUE COPY OF TIlE ORDER OF APPROV \L APPROVING TI!EIRAPPLICATION TO RETAIN OR REACQUIRE THEIR FILIPINOCITIZENSHIP ISSUED BY THE POST OR 'fHEIRIDENTIFICATION CERTIFICATE ISSUED BY TIlE BUREAU OFIMMIGRATION,"

"The Commission may also require additional data to facilitateregistration and recording. No information other than those necessary toestablish the identity and qualification of the applicant shall be lequired.

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1 "ALL APPLICA'fIONS FOR REGISTRA'fION AND/OR2 CERTIFICATION AS AN OVERSEAS ABSENTEE VOTER SlIALL BE3 CONSTVEREV AS APPLICATIONS TO VOTE IN AHSEN'l1A. AN4 OVERSEAS ABSENTEE VOTER IS PRESUMED TO BE ABROAD UNTIL5 SHF/HE APPJ.IES FOR TRANSFER OF HER/HIS REGISTRATION6 RECORDS OR REQUESTS TIIAT llEH/IIIS NAME BE CANCELLED7 FROM TH E NROAV."8 Sec. 11. Section 9 of the same Act is hereby renumbered as Section 13 and is

9 amended to read as follows:10 "Sec. [9J13. National Registry of Overseas Absentee Volers11 (NROAV). - The Commission shall maintain a National Registry of12 Overseas Absentee Voters (NROAV) CONTAINING THE NAMES OF13 REGISTERED OVERSEAS ABSENTEE VOTERS AND THE POSTS14 WHERE TIlEY ARE REGISTERED. [Approved applications of overseas15 absentee registmnts shall also be included in the permanent list of voters of16 the city or municipality where the registrant is domiciled, with the17 corresponding annotation that such person has been registered or will be18 voti1l8 as an overseas absentee voter. The registry shall also include those19 registered under Republic Act No. 8189 and who have been issued20 certifications as overseas absentee voters. The entries in the National21 RegislTy of Overseas Absentee Voters and the annotations as overseas22 absentee voters in the Certified Voters' List shall be permanent, an d cannot23 be cancelJed or amended except in any of the following cases:

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"[9.1. When lhe overseas absenlee voler files a leller under oalhaddressed 10 the Commission that he/she wishes to be removed from theReeistry of Overseas Absentee Voters, or that his/her name be transferred tothe rceular reeistTY of voters; or,

"[9.2. When an overseas absentee voter's name was ordered removedby the Commission from the Regislry of Overseas Absentee Voters forhis/her failure to exercise his/her right 10 vote under this Act for two (2)consecutive national elections.]

"LIKEWISE, TilE COMMISSION SHALL MAINTAIN AREGISTRY OF OVERSEAS ABSENTEE VOTERS (ROAV) PER

11 MUNICIPALITY, CITY OR DISTRICT CONTAINING THE NAMES OF12 REGISTERED OVERSEAS ABSENTEE VOTERS DOMICILED THEREIN.13 TOWARDS THIS END, THE COAV SHALL PROVIDE EACH AND14 EVERY MUNICIPALITY, CITY OR DISTRICT WITH A ROAV FOR15 TlIEIR REFERENCE."16 Sec. 1.2. A new Section 14 is hereby inserted to read as follows:17 "SJ:C.14. JJJ:ACTIVATION OF RJ:CISTRATION. - "THF. RF.RB18 SHALL DEACTIVATE AND REMOVE TIlE REGISTRATION RECORDS19 OF THE FOLLOWING PERSONS FROM THF. CORRESPONDING BOOK20 OF VOTERS AND PLACE TIlE SAME, l'ROPERLY MARKED AND21 DATED, IN THE INACnVE FILF. AFTER ENTERING THE CAUSErS) OF22 DEACnVATlON. THE FACT OF DEACTIVATION SHALL BE23 ANNOTATED IN THE NROAV AND TIlE CORRESPONDING ROAV:

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1 "A). ANY PERSON WHO HAS BEEN SENTENCED BY FINAL2 JUDGMENT TO SUI'FER IMPRISONMENT FOR NOT LESS TIIAN ONE3 (1) YEAR, SUCII DISABILITY NOT IIAVING BEEN REMOVED BY4 PLENARY PARDON OR AMNESTY; PROVIDED, HOWEVER, THAT5 ANY PERSON DISQUAI.IFIED TO VOTE UNDER THIS PARAGRAPH6 SHALL AUTOMATICALLY REACQUIRE TH E RIGHT TO VOTE UPON7 TH E EXPIRATION OF FIVE (5) YEARS AFTER SERVICE OF SENTENCE,8 AS CERTIFIED BY TH E CLERKS 01 ' COURTS OF TIlE MUNICIPAL /

9 MUNICIPAL CIRCUIT / METROPOLITAN / REGIONAL TRIAL COURTS10 AND TH E SANDIGANBAYAN;11 "B). ANY PERSON DECLARED BY COMPETEN'r AUTHORITY TO12 Bli INSANE OR INCOMPETENT, UNLESS SUCII DISQUALn'ICATION13 HAS BEEN SUBSEQUENTLY REMOVED BY A DECLARATION OF A14 PROPER AUTHORITY THAT SUCH PERSON IS NO LONGER INSANE15 OR INCOMPETENT;16 "c). ANY PERSON WHO DID NOT VOTE IN 'IWO (2)17 CONSECUTIVE NATIONAL ELECTIONS AS SHOWN BY TIIEIR18 VOTING RECORDS, AND;19 "D). ANY PERSON WHOSE REGISTRATION HAS BEEN20 ORDERED EXCLUDED BY THE COURTS."21 Sec. '13. Section 10 of the same Act is hereby renumbered as Section 15.22 Sec 14. Sections 11 and 12 of the same Act are hereby deleted.23 "I Sec. r1 . Procedure for Application to Vote in Absentia. -

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1 personally, or by n;gistered mail, within ten (10) days from receipt of the2 notice of disapproval. The Commission shall act within five (5) days from3 receipt of such Molion for Reconsideration and shall immediately nolify the4 voter of its decision. 'ine decision of the Commission shall be final and5 executory.6 "[The Commission shall issue an overseas absentee voter identification7 card to those whose applications to vote have been approved.]"8 Sec. 15. A new Section J6 of the same Act is hereby inserled 10 read as follows:9 "SIX. 16. REACTIVAll0N or REGISTRATION. - ANY OVERSEAS

10 ABSENTEE VOTER WIlOSE REGISTRATION HAS BEEN11 DEACTIVATED PURSUANT TO THE PRECEDING SECTION MAY FILE12 WITH THE COAV AT ANY TIME, BUT NOT LATER THAN ONE13 HUNDRED TWENTY (120) DAYS BEI'ORE TTIE NEXT NATIONAL14 ELECTIONS, A SWORN APPLICATION FOR REACTIVATION OF15 TlER/IIIS REGISTRATION IN TTIE FORM OF AN AFI'JDAVIT STATING16 THAT TilE GROUNDS FOR TIIE DEACTIVATION NO LONGER EXIST.17 "THE COAV SHAJ.I. SUBMIT SAID APPJ.ICATION TO THE RERB18 FOR APPROPRIATE ACTION."19 Sec. 16. A ne w Section 17 of the same Act is hereby inserted to read as follows:20 "SEC.l7. CANCELLATIONor REGISTRATION. - TIlE RERB SHALL21 CANCEL TIJE REGISTRATION RECORDS OF TIJOSE WHO HAVE22 DIED, AS CERTIl'IED BY EITHER TIlE POSTS OR BY TIfE LOCAL CIVIL23 REGISTRAR, AND THOSE WHO HAVE BEEN PROVEN TO HAVE LOST24 THEIR I'lLIPINO CITIZENSHIP."

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1 Sec. 17. A new Section 18 of the same Act is hereby inserted to read as follows:2 "SIX. 18. VOTERS EXCLWJED lTWM TIlE NIWAV '11IIWUGII3 INADvt:J


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1 "Sec.[13] 20 . Preparation and Posting of Certified List of Overseas2 Absentee Voters. - The Commission shall prepare the CLOAV [Certified List3 of Overseasl within one hundred twenty (120) days before every NATIONAL4 eleclion, and fl1rnish within the same period ELECTRONIC AND HARD5 copies thereof to the appropriate POSTS [embassies, consulates and other6 foreign service establishments], which shall post the same in their bulletin'7 boards AND/OR WEJ3SITES within ten (10) days from receipt thereof.8 "Subjec t to reasonable regulation and the payment of fees in such9 amounts as may be fixed by the Commission, the candidates, polilical parties,

10 accredited citizens' arms AND all other interested persons Iand all embassies,11 consulates and other foreign service establishments ] shall be furnished copies12 thereof; PROVIDED, 'lILAT NGO AND OTHER CIVIL SOCIETY13 ORGANIZATIONS ACCREDITED BY AND WORKING WITU TIlE14 COMMISSION AS PAiUNERS ON OVERSEAS VOTERS' EDUCATION15 AND PARTICII'ATTON SHALL BE EXEMPT FROM TIlE PAYMENT OF16 FEES."17 Sec. 20. Sect ion 14 of the same Act is hereby renumbered as Section 21 an d is18 amended to read as follows:19 "Sec. [14J 21. Printing and Transmittal of Ballots, Voting Instructions,20 Election Forms and Paraphernalia. -21 "[14.1] 21.1. The Commission shall cause the printing of ballots for22

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overseas absentee voters, Ivoline instructions, I and ALL OTHERACCOUNTABLE election forms in such number as may be necessary, bu t inno case shall lill THEY exceed the tolal number of approved applications.

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"Sec. 1151 22. Regulation on Campaigning Abroad. PF.RSONALCAMPAIGNING, [TIthe use of campaign materials, as well as the limits oncampair,n spending shall be r,overned by the laws and rer,ulations applicablein the Philippines AN D TO THF. F.XTF.NT ALLOWF.D BY THF. LAWS OFHOST COUNTRIES; PROVIDED, THAT, ALL FORMS OF

6 CAMPAIGNING ABROAD WITIIIN TIlE 30-DAY OVERSEAS ABSENTEE7 VOTING PF.RIOD SHAJ.J. BF. PROHIBI'l'F.D."8 Sec. 22. A new Section 23 of the same Act is hereby inserted to read as follows:9 "sr;c. 23. VOTING. - VOTING M A Y B E DONE FITHER

10 PERSONALLY, BY MAIL, OR BY ANY OTHER MEANS AS MAY BE11 ALLOWED UNDER OTHER EXISTING LAWS. FOR TIIIS PURPOSE,12 THF, COMMISSION SHAJ.J. ISSUE THE NECESSARY GUIDELINES ON13 THE MANNER AND PROCF.DURES OF VOTING.]4 "TIIE COAV, IN CONSULTATION WITII DFA-OAVS, SHALL15 DETERMINE TH E COUNTRIES WIIERE VOTING SIIALL BE DONE BY16 ANY SPECIFIC MODF., TAKING INTO CONSIDERATION THE17 MINIMUM CRITERIA ENUMERATED UNDER THIS ACT WHICH18 SHALL INCLUDE THF. NUMBER OF REGISTF.RED VOTF.RS,19 ACCESSIBILITY OF THF. POSTS, F.FFlCIENCY OF THE HOST20 COUNTRY'S APPLIED SYSTEM AND SUCII OTHER CIRCUMSTANCES2] TI IAT MAY AFFECT THE CONDUCT OF VOTING.22 "THE COMMISSION SHAT), ANNOUNCF. THE SPECIFIC MODF.23 OF VOTING PER COUNTRY/POST AT LEAST ONE-HUNDRED24 TWENTY (120) DAYS BEFORE TIlE START OF THE VOTING PERIOD.

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1 'THE COMMISSION SHALL ISSUE AN OVERSEAS ABSENTEE2 VOTER IOENTIl'ICATION CARD TO THOSE WIIOSE APPLICATIONS3 TO VOTE IIAVE BEEN APPROVED."4 SEC. 23. Section 16 of the same Act is hereby renumbered as Section 24 and is5 amended to read as follows:6 ' "Sec. [16] 24. PTRSONAJ, VOTING. - Casting and Submission of Ballots.7 "116.11 24.1 Upon receipt Iby the designated officer of the embassy,S consulate and other foreign service establishments] of the ballots AND9 OTHER ACCOUNTABLE FORMS, VOTING MACHINES AND OTHER

10 HARDWARE AND SOFTWARE for overseas absentee voters [,voting11 instructions, election forms and other paraphernalia] TIlE SBRCG Ihe/shel12 shall make them available on the premises to the qualified overseas absentee13 voters in their respective jurisdictions 1 urin, the thirty (30) days before the14 day of elections when overseas absentee voters may cast their vote.15 Immediately upon receiving it, the overseas absentee voter must fill-out16 his/her ballot personally, in secret, without leaving the premises of the17 embassies, consulates, and other I'orei,n Service establishments concerned.118 DURING THE THIRTY-DAY (30) VOTING PERIOD.19 "TIIE COMMISSION SHALL CONSTITUTE AS MANY SPECIAL20 BALLOT RECEPTION GROUPS (SBRCGs) AS MAY BE NECESSARY TO21 RECEIVE AND TAKE CUSTODY OF ALL ACCOUNTABLE AND OTHER22 ELECTION FORMS, SUPPLIES AND PARAPHERNALIA FROM THE23 COAV FOR TRANSMITTAL TO THE SPECIAL BOARDS OF ELECTION24 INSPECTORS (SBEIS) AND TO THE SPECIAL BOARD OF

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CANVASSERS. EACH SBRCG SHALL BE COMPOSED OF THREE (3)MEMBERS FROM AMONG TIlE STAFF 01' TIIE POSTS CONCERNED,INCLUDING THEIR ATTACHED AGENCIES, AND FILIPINO CITIZENSABROAD.

"THE COMMISSION SHATJ" LIKEWISE, CONS'J'I'J'U'J'E ASMANY SPECIAL BOARDS OF ELECTION INSPECTORS (SBEIs) AS MAYBE NECESSARY TO CONDUCT AND SUPERVISE TH E VOTING ANDCOU NTING OF VOTES.

"EACH SBm SIIALL BE COMPOSED OF A CHAIRMAN,DESIGNATED AS SUCH BY TH E COMMISSION FROM AMONGCAREER PUBLIC OFFICERS POSTED ABROAD, AND ' tWO (2)GOVERNMENT OFFICERS AS MEMBERS, ONE 01' WIIOM SHALL BEDESIGNATED AS POLL CLERK. IN THE ABSENCE OF SUCH OTHERGOVERNMENT OFFICERS, TH E 1WO MEMBERS SHALL BE FILIPINOCI'l'IZENS QUALIFIED TO REGIS'J'ER OR VOTE UNDER THIS ACTAND SHALL BE DEPUTIZED BY THE COMMISSION NOT LATERTHAN SIXTY (60) DAYS BEFORE TIlE START OF TIIE VOTINGPERIOD.

"ALL SBEI RESOLUTIONS SHAU, BE VALID ONLY WHENAPPROVED BY A MAJORITY OF THE MEMBERS OF THE BOARD."

"24.2. VOTING SHALL BE DONE AT TIlE POSTS, OR WIlEREVERFIELD REGISTRATIONS WERE CONDUCTED, OR AT ANY OTHERPOLLING PLACE DESIGNATED/ACCREDITED AS SUCH BY TH ECOMMISSION.

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"[16.2. The overseas absentee voter shall personally accomplish his/herballot at the embassy, consulate or other foreign service establishment thathas jurisdiction over the country where he/ she temporarily resides or at anypolling place designated and accredited by the Commission.1

"[16.3]. 24.3. The overseas absentee voter shall cast HEH/IIlS [his/herlballot, upon presentation of the absentee voter identification card issued bythe Commission OR SUCII OTUER DOCUMENTS ACCEPTABLE TO TIlESBE! AT TH E POST AS SUFFICIENT TO ESTABLISH HERjHlSIDENTITY [within thiTty (30) days before the day of elections. In the case ofseafarers, they shall cast their ballots anytime within sixty (60) days before theday of elections as prescribed in the Implementing Rules and Guidelines .

"IMMEDIATELY UPON RECEIVING IIEH/IIIS BALLOT, TIlEOVERSEAS ABSENTEE VOTER MUST FILL rr OUT PERSON ALLY, INSECRET AND WITIlOUT LEAVING TIlE PREMISES OF TIlE POST OROF ANY OTIlER DESIGNATED/ACCREDITED POLLING PLACE.

"[16.4] 24.4. All accomplished ballots received shall be placed IN sealedcontainers and kept in a secure place designated by the Commission.

"1"16.51 24.5. The SBRCG [embassies, consulates and other foreignservice establishments concerned] shall keep a complete record of the ballotsfor overseas absentee voters, specifically indicating the number of ballots theyactually received [, and in cases where voting by mail is allowed underSection 17 hereof, the names an d addresses of th e voters to whom theseballots were sent, including proof of receipt thereofl. In addition, Uw SBRCG[embassies, consulates and other foreign service establishments] shall submit

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a formal report to the Commission and TO the Joint Congressional OversightCommittee created under this Act within thirty (30) days from the day ofelections. Such report shall contain data on the number of ballots cast andreceived by the offices, the number of invalid and unclaimed ballots and otherpertinent data.

"24.6 BEFORE THE START OF THE COUNTING, ALL UNUSEDBALLOTS SHALL BE ACCOUNTED FOR AND DISPOSED OFAPPROPRIATELY BY THE CONCERNED POSTS, WITH THECORRESPONDING FORMAL REPORT OF SUCH FACTSTRANSMITTED TO THE COMMISSION.

"[16.6. The overseas absentee voter shall be instructed that his/herballot shall no t be counted i f it is not inside the special envelope furnishedhim/her when it is cast.

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

"[16.8] 24.7. Only ballots cast [and mailed ballots received by thePhilippine embassies, consulates and other foreign service establishmentsconcerned in accordance with Section 17 hereof before the close of voting onthe day of elections shall be counted in accordance with Section 18 hereof. Allenvelopes containing the ballots received by the embassies, consulates an d

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1 other foreign service establishments after the prescribed period shall not be2 opened, and shall be cancelled and shipped to the Commission by the least3 costly method within six (6) months from the day of elections] AT OR4 BEFORE THE CLOSE OF VOTING ON THE DAY OF ELECTIONS SHALL5 BE COUNTED."6 "[16.9. A Special Ballot Reception and Custody Group composed of7 three (3) members shall be constituted by the Commission from among the.8 staff of the embassies, consulates and other foreign service establishments9 concerned, including their attached agencies, and citizens of the Philippines

10 abroad, who will be deputized to receive ballots and take custody of the same11 preparatory to their transmittal to the Special Boards of Election Inspectors.]12 "[16.10] 24.8. During THE VOTING, [this phase of the election13 process] the authorized representatives of the political parties, candidates, and14 accredited citizens' arms of the Commission shall be notified THEREOF in15 writing [thereof] and shall have the right to witness the proceedings.16 "[16.11. The Commission shal l study the use of electronic mail,17 Internet, or other secured networks in the casting of votes, and submit a report18 thereon to the Joint Congressional Oversight Committee.]"19 Sec. 24. Section 17 of the same Act is hereby renumbered as Section 25 and is20 amended to read as follows:2122

"Sec. [17125. Voting by Mail. - MAILING AND SUBMISSION OFBALLOTS.

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U[17.1.For the May, 2004 elections, the Commission shall authorizevoting by mail in no t more than three (3) countries, subjecl to the approval ofthe Coneressional Oversieht Committee. Votine by mail may be allowed incountries that satisfy the following conditions:

a. Where the mailing system is fairly well-developed and secure toprevent the occasion of fraud;

b. Where there exists a technically established identificationsystem that would preclude multiple or proxy voting; and,

c. Where the system of reception and custody of mailed ballots inthe embassies, consulates and other foreign serviceestablishments concerned are adequate and well-secured.

"Thereafter, voline by mail in any counh'y shall be allowed only uponreview and approval of the Joint Coneressional Oversieht Committee. I

"25.:1. THE COMMISSION SHALL TAKE CUSTODY OF AJ.I.OUTGOING llALLOTS PREPARATORY TO THEIR MAILING TO TilEVOTERS OR TO THE POSTS.

uTHE COMMISSION SHALL MAIL TIlE llALLOTS DIRECTLY TOTIlE REGISTERED VOTERS OR TO TIlE POSTS THROUGH TIlEFACIJ.ITIES OF THE PHILIPPINE POSTAl. CORPORATION(PHIl.POST). THE PHIl.POST SHAJ.J. ENSURE THE SECRECY ANDSANCTITY OF TIlE MAILED BALLOTS AND SHALL GIVE TIIEMPREFERENCE OVER ALI. OTHER MAlI. MATTERS.

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"THE COMMISSION SHALL CONSTITUTE SPECIAL BALLOTRECEPTION GROUPS (SBRCGs) FOR EVERY POST FOR WIIICIIVOTING BY MAIL IS TIlE DESIGNATED VOTING MODE TO RECEIVEAND TAKE CUSTODY OF ALL ACCOUNTABLE AND OTHERELECTION FORMS, SUPPLIES AND PARAPHERNALIA FROM THECOAV FOR TRANSMITTAL TO TH E SPECIAl, BOARDS OF ELECTIONINSPECrORS (SBEIS) AND TO THE SPECIAL BOARD OFCANVASSERS, AS WELL AS TO RECORD, VERIFY, RECEIVE AND

TAKE CUSTODY OF ALL MAILED ACCOMPLISlIED BALLOTS. EACHSBRCG SHALL BE COMPOSED OF THREE (3) MEMBERS FROMAMONG TH E STAFF OF THE POSTS CONCERNED, INCLUDINGTHEIR ATTACHED AGENCIES, AND FILIPINO CITIZENS ABROAD."

"117.21 25.2. The overseas absentee voter shall send HER/HIS Ihis/herlaccomplished ballot IN THE ACCOMPANYING SPECIAL ENVELOPE ATANY TIME AI'TER RECEIPT THEREOF AND ENSURE TIlAT THE SAMEBALLOT IS RECEIVED AND STAMPMARKED BY TH E POST ON ORBEFORE THE CLOSE OF VOTING ON THE DAY OF ELECTIONS Ito thecorresponding embassy, consular or other foreign service establishment thathas jurisdiction over the countTy where he/ she temporarily resides. Ile/ she

shall be entitled to cast his/her ballot at any time upon his/her receiptthereof, provided that the same Is received before the close of votine on theday of elections. The overseas absentee voter shall be instTucled th t his/herballot shall not be counted i f nottransmiUed in the special envelope furnishedhim/herl

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"[17.31 25.3. Only mailed ballots STAMPMARKED BY TIlELOCAL POSTAL SERVICE AS HAVING BEEN MAILED BEFORE CLOSEOF VOTING AND RECEIVED BY TIlE SBCRG DURING TIlECOUNTING OF VOTES SHALL BE COUNTED. [received by the Philippineembassy, consulate and other foreign service establishments before the closeof votmg on the day of elections shall be counted in accordance with Section18 hereof.! All envelopes containine the ACCOMPLISHED ballots receivedAFTER THE COUNTING OF VOTF.S SHALL NOT BE OPENED ANDSlIALL BE FILED AND KEPT [by the embassies, consulates and otherforeign service establishments after the prescribed period shall no t be opened,and shall be cancelled and disposed of] appropriately FOR PURPOSES OFDOCUMF.NTATION, with a correspondine INVF.NTORY report thereon[submilled to the Commission not later than thirty (30) days from the day of

. elections]. ACCREDITED MAJOR POLITICAL PARTIES SIIALL BEFURNISHF.D COPIF.S OF THF. SAID REPORT NOT LATER THANTHIRTY (30) DAYS AFTF.RTHE DAY OF F.LECTIONS.

"26.4. TIlE COMMISSION SHALL MAINTAIN A COMPLETEREPORT OF 'l'HE NAMES AND ADDRFSSES OF THE VOTERS TOWIIOM TIlE BALLOTS WERE SENT, INCLUDING TIlE NUMBER OFBALLOTS CAST AND RECEIVED BY TIlE SBRCG, TIlE NUMBER OFINVALID AND UNCLAIMED BALLO'rS, AS WFLT. AS OTHF.RPF.RTINFNT DATA AND MAKF A ' l ' IMHY RF.PORT THEREON TOJOINT CONGRESSIONAL OVERSIGHT COMMITTEE.

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"26.5. ALL MAILED BALLOTS MARKED "RETURN TO SENDER"AND RETURNED TO THE COMMISSION SIIALL NOT BE OPENED.TIlE SAME SHALL BE CANCELLED AND DISPOSED OF

4 APPROPRIATELY, WITH A CORRESPONDING INVENTORY REPORT5 THEREON DULY FURNISHED THE MAJOR POLITICAL PARTIES NOT6 LATER 'fHAN THIRTY (30) DAYS AFTER 'J'HE DAY OF ELECTIONS."7 Sec. 25. A new Section 27 of the same Act is hereby inserted to read as follows:8 "SEC. 27. VOTING BY SJ:AFARJ:RS. - SEAFARERS MAY VOTE IN

9 ACCORDANCE WrrH SECTION 2" OF THIS ACT. FOR THIS PURPOSE,10 THE COMMISSION SHALL PREPARE A SEPARATE CLOAV FOR11 SEAFARERS."12 Sec. 26. A new Section 28 of the same Act is hereby inserted to read as follows:13 "SEe. 28. VOTING PRIVILEGE 01' MEMBERS 01' 'J'IIE SHU, SHRCG14 AND SHOe. - GOVERNMENT EMPLOYEES POSTED ABROAD WIlO15 WILL PERFORM ELECTION DUTIES AS MEMBERS OF THE SUEl,16 SBCRG AND SBOC SHALL BE ALLOWED TO VOTE IN TH E POST;17 PROVIDr:D, THAT, THEY ARE REGISTERED EITHER IN TH E18 PJIILIPPINES OR AS OVERSEAS ABSENTEE VOTERS."19 Sec. 27. Sect ion 18 of the same Act is hereby renumbered as Section 29 and20 amended to read as follows:21 "Sec. [18]29. - On-site Counting and Canvassing-22 "[18.1] 29.1. The counting and canvassing of votes shall be conducted23 onsite in the conntry where the votes were actually cast. The openinG of the24 specially-marked envelopes and containers containing the ballots and the

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counting and canvassing of votes shall be conducted within the premises ofthe [embassies, consulates and other Foreign Service establishments, or insuch other places as may be designated by the Commission pursuant to theImplementing Rules and Regulations.I-POSTS or WITHIN ANY OTHERPOLLING ('LACE DESIGNATED/ACCREDITED AS SUCH BY TIlECOMMISSION. The Commission shall ensure that the start of counting inpolling places abroad shall, [be synchronizedl AS FAR AS PRACTICABLE,COINCIDE with the start of the counting in the Ph'ilippines, TAKINGINTO CONSIDERATION THE RESPEC'J'IVE TIME ZONES OF TH EDIFFERENT POSTS."

"(18.2(. 29.2. (For these purposes, the Commission shall constitute asmany Special Boards of Election Inspectors (SUEIs) as may be necessary toconduct and supervise the counting of votes as prOVided in Section 18.1hereof. The Special Boards of Election Inspectors to be constituted thereinshall be composed of a Chairman and tw o (2) members, one (1) of whom shallbe designated as poll clerk. The ambassador, or consul-general, or any careerpublic officer posted abroad designated by the Commission, as the case maybe, shall act as the chairman; in the absence of other government officers, thetw o (2) other members shall be citizens of the Philippines who are qualified toregister and vote under this Act and deputized by the Commission not laterthan sixty (60) days before the day of elections. All resolutions of the SpecialBoards of Election Inspectors sums on issues brought before it during the

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conduct of its proceedings shall be valid only when they carry the approval ofthe chairman,]

"Immediately upon the completion of the counting, the ISpecial Boardsof HlecHon Inspectors I SBEls shall l1'ansmit Ivia facsimile and/ or elecl1'onicmaill the results to the Commission in Manila and TO the accredited majorpolitical pal'lices VIA FACSIMILE, ELECTRONIC MAIL AND/OR I3Y ANYOTHER SAFE, SECURE AND RELIABLE MEANS OF TRANSMISSION,"

["18,3, Only ballots cast on, or received by the embassies, consulatesand other foreign service establishments before the close of voting on the dayof elections shall be included in the counting of votes, Those receivedafterwards shall not be counted, I

"[18,4] 29.3. A Special130ard of Canvassers (S13oq composed of Tl IEIIIGIJEST RANKING OH'ICER FROM TITE POST [a lawyer preferably ofthe Commission] as chairlmanlPERSON, a senior career officer from any ofthe government agencies maintaining a post abroad and, in the absence ofanother government officer, a citizen of the Philippines qualified to voteunder this Act AND deputized by the Commission, as vicechairlmanlPERSON and member-secretary, respectively, shall be constitutedto canvass the election returns submilled to it by the SUUs [Special13oardsof Election Inspectors]. Immediately upon the completion of the canvass, thechairlmanlPERSON of the SBOC ISpecial Boards of Canvassers I shalltransmit via facsimile, electronic mail, AND/or BY any other SAFE, SECUREAND RELIABLE means of transmission [equally safe and reliable] the

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Certificates of Canvass and the Statements of Votes to the Commission, andshall cause to preserve the same immediately after the conclusion of thecanvass, and make it available upon the instructions of the Commission.

The SBOC ISpecial Board of CanvassersI shall also furnish theaccredited major political parties aild accredited citizens' arms with copiesthereof via facsimile, eledronic mail AND/or BY any other SAFE, SECUIU:AND RELIABLE means of transmission [equally safe, secure and reliablel.

"The Certificates of Canvass and the accompanying Statements ofVotes as transmitted via facsimile, electronic mail AND/or any other SAFE,SECURE AND RELIABLE means of transmission lequally safe, secure andreliable] shall be the primary basis for the national canvass."

"[18.5] 29.4. The canvass of OVERSEAS votes shall no t cause the delayof the proclamation of a winnine candidate if the outcome of the election willnot be affected by the results thereof. NOlwithstandine the foreeoine, theCommission, AS NATIONAL BOARD OF CANVASSERS FORSENATORS AND PARTY-LIST REPRESENTATIVES, OR CONGRESS,AS NATIONAL 130ARD OF CANVASSERS FOR PRESIDENT ANDVICE-PRESIDENT, SHALL PROCLAIM TH E lis empowered to order theproclamation of! winnine candidates despite the fact that the scheduledelection has not taken place in a particular country or counl1'ies, if the holdineof eleclions therein has been rendered impossible by events, factors andcircumstances peculiar to such country or countTies, and which events, [aclorsand circumstances are beyond the control or influence of the Commission."

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1 "[18.6] 29.5. In the preparation of the final tally of votes on the results2 of the national elections, [the Commission, shall ensure that] the votes3 canvassed by each and every country shall be reflected as a separate item4 from the tally of nahonal votes. ]ior purposes of this Act, the returns of every5 election for P[pjresident and V[vlice-P[p]resident prepared by the Special6 Board of Canvassers shall be deemed a certificate of canvass of a city or a7 province."8 "[18.7]29.6. Where feasible, the counting and canvassing of votes shall9 be automated. Towards this end, the Commission is hereby authorized to

10 borrow, rent, lease or acquire automated [votingI COUNTING machines for11 purposes of canvaSSing and counling of votes pursuant to the provisions of12 this Act, and in accordance with the Implementing Rules and Regulations13 promulgated by tile Commission."14 Sec. 28. A new Section 30 is hereby inserted to read as follows:15 "SIX. 30. AUTHORITY TO ADOPT OTHr;R MODr;s on SYSTr;MS16 USING AU'l'OMA'l't:lJ Ht:C'l'ION SYSnM - NOTWITHSTANDING17 CURRENT PROCEDURES AND SYSTEMS HEREIN PROVIDED, FOR18 THE PROPER IMPLEMENTATION OF THIS ACT AND IN VIEW OF19 THE PECULIARITIES ATTENDANT TO THE OVERSEAS ABSENTEE20 PROCESS, TIlE COMMISSION MAY EXPLORE AN D ADOPT OTHER21 MORE EFFICIENT, RELIABLE AND SECURE MODES OR SYSTEMS,22 WHETHER PAPER-, EI.ECTRONIC-, TECHNOI.OGY- OR INTERNET-23 BASED, FOR ONSITE AND REMOTE REGISTRATION AND

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and Employment, Philippine Overseas and Employment AdministTation,Overseas Workers' Welfare Administration and the Commission on FilipinosOverseas. Non-eovermnent organizations and accredited Filipino

4 organizations Or associations abroad shall be consulted,J"5 Sec. 31. Section 20 of the same Act is hereby renumbered as Section 33 and is6 amended read as follows:7 "Sec. [20]33. -Information Campaign - The Commission, in coordination with8 agencies concerned, shall undertake an information campaign to educate the9 public on the ITlalmer of absentee vOline for qualified overseas absentee

10 voters. It may require the support and assistance of the Department of11 Foreign Affairs, through the POSTS [through the embassies, consulates andJ2 other foreign service establishments], Department of Labor and Employment,13 Department of Transportation and Communications, Philippine Postal14 Corporation, Philippine Overseas Employment Adminish'alion, Overseas15 Workers' Welfare Administration and the Commission on Filipinos Overseas.16 [The Commission may deputize Filipino organizations/ associations overseas17 for the same purpose: Provided, that any such deputized oreanizalion/18 association shall be prohibited from participating in the elections by19 campaienine for or fielding candidates; Provided, further, That if any SLlCh20 deputized oreanizalion/ association is discovered to have a member who is21 not a qualified overseas absentee voter, as hereil1 defined, such deputized22 orp;anizalion/ association shall be banned from participating in any manner,23 and at any stage, in the Philippine political process abroad.] "Such

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1 LAWS, AS WF.LL AS THOSF. THAT THF. COMMISSION SHALL2 PROMULGATE; l 'ROVIDliD, THAT ANY SUCH ORGANIZATION OR3 ASSOCIATION SHALL BE ACCREIJlTED OR DEPUTIZED ON TIlE4 BASIS OF THEIR PRF.SENCF., RF.ACH AND RESOURCES TO F.DUCATF.5 THF. FILIPINO PUBLIC ON THF. PHILIPPINF. F.LF.CTORAL SYSTEM,6 TUEIR RIGHTS AS OVERSEAS ABSENTEE VOTERS, TilE ABSENTEE7 VOTING PROCESSES AND OTHER RELATED CONCERNS, AS WELL8 AS TO DISSEMINATE INFORMATION DEVELOPED BY THE

9 COMMISSION EFFECTIVELY AN D IN A TIMF.LY MANNF.R;10 l 'ROVWTD, FURTHTR, THAT NO SUCH ACCREDITED OR DEPUTIZED11 ORGANIZATION SIIALL PREPARE, PRINT, DISTRIBUTE OR POST12 ANY INFORMATION OR MATERIAL WITHOUT THF. PRIOR13 APPROVAI, OF THE COMMISSION; l'ROVIDTD, FURTHTR, THAT ANY14 SUCII ACCREDITED OR DEPUTIZED ORGANIZATION OR15 ASSOCIATION SHALL BE PROIIIBITED FROM CAMPAIGNING FOR16 OR FEILDING CANDIDATES; l'ROVIDTD, FINAHY, THAT IF ANY17 SUCH ORGANIZATION OR ASSOCIATION IS DISCOVF.RF.D TO18 HAVE A MEMBER WHO IS NOT QUALIFIED OVERSEAS ABSENTEE19 VOTER AS HEREIN DEFINED, SUCII DEPUTIZED ORGANIZATION20 OR ASSOCIATION SHALT. BF. BANNF.D FROM PARTICIPATING IN21 ANY MANNER AND AT ANY STAGE IN TIlE PIIILIl'PINE POLITICAL22 PROCF.SS ABROAD."

,23 Sec. 33. A new Sect ion 35 is hereby inserted to read as follows:

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"SIX. 35. TRAININGS. - "TRAfNING OF TIlE MEMBERS OFFOREIGN SERVICE CORPS ON OVERSEAS ABSENTEE VOTINGPROCESSES, RULES AND PROCEDURES, TO BE UNDERTAKEN BYTIlE COMMISSION IN COORIJINATION WITrr TIlE DFA-OAVS,SHALL FORM AN INTEGRAL PART OF THEIR BRIEFING ANDORIENTA'J'ION PRIOR TO THEIR POSTING ABROAD.

"TIlE COAV, THROUGH ITS CHAIRMAN, MAY ALSOAUTHORIZE TIlE CONDUCT OF TRAININGS OF THE MEMBERS OF

TH E DEPUTIZED BODIES CONCERNING THE PROCESSES, RULESAND PROCEDURES ON REGISTRATION AN D ELECTION BOTH HEREAND ABROAD AT LEAST ONE HUNDRED 'IWENTY (120) DAYSBEFORE EACH SCHEDULED REGISTRATION OR NATIONAL

13 ELECTION."14 Sec. 34. Section 21 of the same Act is hereby renumbered as Section 36.15 Sec. 35. S e c t ~ i o n 22 of the same Act is hereby renumbered as Section 37 and is16 amended to I'ead as follows:17 "Sec. [22137. - Assistance from Govemment Agencies. - All government18 officers, particularly from the Department of Foreign Affairs, Department of19 Labor and Employment, Department of Transportation and Communications,

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Philippine Postal Corporation, Philippine Overseas EmploymentAdministration, Overseas Workers' Welfare Administration, Commission onPilipinos Overseas and other government offices concerned with the welfareof the Pilipinos overseas shall, to the extent compatible with their primaryresponsibilities, assist the Commission in carrying out the provisions of this

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1 Act. All such agencies or officers thereof shall take reasonable measures to2 expedite all election activities, which the Commission shall require of them.3 When necessary, the Commission may send supervisory teams headed by4 career officers to assist the POSTS lembassies, consulates and other foreign5 service establishments concerned].6 "LIKEWISE, CONSULAR AN)) OIPLOMATIC SERVICES7 RENDERED IN CONNECTION WITU TIlE OVERSEAS ABSENTEE8 VOTING PROCF.SSF.S SHALL BF. MADF. AVAIl.ABLF. AT NO COST TO9 THF. OVF.RSF.AS ABSF.NTF.F. VOTF.R."

10 Sec. 36. Sect ion 23 of the same Act is hereby renumbered as Sect ion 38.11 Sec. 37. Section 24 of the same Act is hereby renumbered as Section 39 and is12 amended to read as follows:13 "Sec. [24] 39. Prohibited Acts. In addition to the prohibited acts14 provided by law, i t shall be unlawful:15 "124.1139.1. I'or any officer or employee of the Philippine government16 to influence or attempt to influence any person covered by this Act to vote, or17 not to vote, for a particular candidate. Nothing in this Act shall be deemed to18 prohibit free discussion regarding politics or candidates for public office.19 "124.2139.2. For any person to deprive ANOTHF.R [any person] of any20 right secured in this Act, or to give false information as to IIER/his[jher]21 name, address, or period of residence for the purposes of establishine22 HF.R/hisl/herl eligibility or inelieibility to register or vote under this Act; or23 to conspire with another person for the purpose of encouraging the giving of24 false information in order to establish the eligibility or .ineligibility of any

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three (3) months after the day of elections, without securing the prior approvalof the Conmussion;

"124.81 39.8. 1'01' any person who, after bein!j deputized by theCommission to undertake activities in connection with the implementation ofthis Act, shall campaign for 01' assist, in whatever manner, candidates in theelections;

"39.9. FO R ANY PERSON '1'0 ENGAGE IN PARTISAN POLITICALACTIVITY ABROAD DURING THE 30-DAY OVERSEAS ABSENTEEVOTING PERIOD."

"[24.9] 39.10. For any person who is no t a citizen of the Philippines toparticipate, by word or deed, directly or indirectly throu!jh qualifiedorganizat"ions/ associations, in any manner and at any sla!je of the Philippinepolitical process abroad, including participation in the campaign and elections.

"The provision of existing laws to the cont1'ary, notwithstanding, andwith due regard to the Principle of Double Criminality, the prohibited actsdescribed in this section are electoral offenses and J\RE punishable in thePhilippines.

"111e penalties imposed under Section 264 of the Omnibus UlectionCode, as amended, shall be imposed on any person found guilty of committingany of the prohibited acts as defined in this section: Provided, Thllt the penaltyof prisiol1 lIlayor in its minimum period shall be imposed upon any personfound !juilty UNDER Section 124.3139.3 hereof Witl10ut the benefit of theoperation of the Indeterminate Sentence l.aw. I f the offender is a public officer

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1 01' a candidate, the penalty shall be prision mayor in its maximum period. In2 addition, the offender shall be sentenced to suffer perpetual disqualification to3 hold public office and deprivation of the right to vote."4 "JImmigrants and permanent residents who do no t resume residence5 in the Philippines as stipulated in their affidavit under Section 5( d) within6 three (3) years after approval of his/her registration under this Act and yet7 vote in the next elections contrary to the said section, shall be penalized by8 imprisonment of not less than one (1) year, and shall be deemed disqualified9 as provided in Section 5(c) of this Act. His/her passport shall be stamped "not

10 allowed to voter11 Sec. 38. Section 25 of the same Act is hereby renumbered as Section 40 and is12 amended to read as follows:13 "Sec. [251 40. Joint Congressional Oversight Committee. - A Joint14 Congressional Oversight Committee is hereby created, composed of the15 Chairman of the Senate Committee on Constitutional Amendments, Revision16 of Codes and Laws, and seven ('7) other Senators deSignated by the Senate17 President, and the Chairman of the House Committee on Suffrage and18 Electoral Ref01'ms and seven (7) other Members of the House of19 Representatives designated by the Speaker of the IIouse of Representatives:20 Provided, That, of the seven (7) members to be designated by each House of21 Congress, four (4) should come from the majority and the remaining three (3)22 from the minority.

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] "[The Joint Congressional Oversight Committee shall have the power2 to monitor and evaluate the implementation of this Act. It shall review, revise,3 amend and approve the Implementing Rules and Regulations promulgated4 by the Commission.!"5 Sec. 39. Sections 26, 27, 28 and 29 of the same Act are hereby renumbered6 accordingly.7 Sec. 40. A new Section 45 is hereby inserted to read as follows:8 "Sec. 45. 'l'RANSI'l'ORY PROVISION - ALL PRIOR ACTS,9 RESOLUTIONS, ISSUANCES 01' THE COMMISSION UNDER TIns

10 ACT, NOT OTHERWISE INCONSISTENT HEREWITH, INCLUDING11 TrIE REGISTRATION OF VOTERS AND MODES OF VOTING,12 SHALL REMAIN VALID AND EFl'ECTlVE."13 Sec. 41. SeparabilitlJ Clause - If any part or provision of this Act shall be declared14 ullconsW"utional or invalid, other provisions hereof which are not affected thereby shall15 continue to be in f lIll force and effect.16 Sec. 42. Repealing Clause - All laws, presidential decrees, executive orders, rules17 and regulations, other issuances, and parts thereof, which are inconsistent with the18 provisions of this Act, are hereby repealed or modified accordingly.19 Sec. 43. Tffectivity - This Act shall take effect fifteen (15) days after its complete20 publication in the Official Gazette or at least in three (3) newspapers of general21 circulation.22 Appmoed,23

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amendments to absentee voting bill

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