draft implementing rules 2013 oav law

8/14/2019 Draft Implementing Rules 2013 OAV Law

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Republic of the PhilippinesCOMMISSION ON ELECTIONS

Manila

IMPLEMENTING RULES ANDREGULATIONS OF REPUBLIC ACT NO.10590, OTHERWISE KNOWN AS “AN ACT AMENDING REPUBLIC ACT NO. 9189,ENTITLED“AN ACT PROVIDING FOR ASYSTEM OF OVERSEAS ABSENTEEVOTING BY QUALIFIED CITIZENS OFTHE PHILIPPINES ABROAD, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES”. x------------------------------------------------------------- x

BRILLANTES, SIXTO JR. S., TAGLE, LUCENITO N., YUSOPH. ELIAS R., LIM, CHRISTIAN ROBERT S., PADACA, MARIA GRACIA CIELO M.,

PARRENO, AL A., GUIA, LUIE TITO F.

PROMULGATED: ___________

Chairperson Commissioner Commissioner Commissioner Commissioner

CommissionerCommissioner

RESOLUTION NO. _______________

The Commission on Elections, pursuant to the authority vested in itunder Republic Act No. 10590, otherwise known as “An Act AmendingRepublic Act No. 9189, entitled “An Act Providing for a System of OverseasAbsentee Voting by Qualified Citizens of the Philippines Abroad,Appropriating Funds Therefor and for Other Purposes”, RESOLVED topromulgate, as it hereby promulgates, the following implementing rules andregulations:

PART IINTRODUCTORY PROVISIONS

RULE 1TITLE and POLICY

ARTICLE 1 . Title . –These Rules shall be known and cited as “The Rulesand Regulations Implementing the Overseas Voting Act of 2013”.

ART. 2 . Declaration of policy . – It is the prime duty of the State toprovide a system of honest and orderly overseas voting that upholds thesecrecy and sanctity of the ballot. Towards this end, the State ensures equalopportunity to all qualified citizens of the Philippines abroad in the exercise ofthis fundamental right.



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RULE 2MEANING OF WORDS AND GENERAL PROVISIONS

ART. 1 . Meaning of words . – As used in these Rules:

1) Application for Registration/Certification As Overseas Voter (OVFNo. 1) refers to the form prescribed by the Commission to be used by anoverseas voter in applying either for:

a) registration as an overseas voter if he is not yet a registeredvoter under Republic Act No. 8189, otherwise known as “ TheVoters Registration Act of 1996 ”; or

b) certification as overseas voter if he is already registered underthe said Act;

2) Automated Election System (AES) refers to a system using theappropriate technology which has been demonstrated in the voting,counting, consolidating, canvassing, and transmission of election results,and other electoral processes

3) Certified List of Overseas Voters (CLOV) refers to the list of registered

overseas voters whose applications to vote have been approved by theRERB. Said list to be prepared by the Office for Overseas Voting (OFOV)of the Commission, on a country-by-country and post-by-post basis. Thelist shall be approved by the Commission in an en banc resolution.

4) Commission refers to the Commission on Elections.

5) Day of Election refers to the actual date of elections in the Philippines.

6) Department of Foreign Affairs-Overseas Voting Secretariat (DFA-OVS) – refers to the secretariat based at the Department of ForeignAffairs (DFA) home office tasked to assist the Office for Overseas Voting(OFOV) under the Commission, and to direct, coordinate and overseethe participation of the DFA in the implementation of the OverseasVoting Act as amended.

7) Field Registration refers to the conduct of registration of overseasvoters at predetermined locations, either in the Philippines, as may bedetermined by the Commission, or outside the posts, upon the favorablerecommendation of the DFA-OVS, both being of limited duration andbased on the guidelines prescribed by the Commission for that exclusivepurpose.

8) Field Voting refers to the conduct of voting for a limited period of timeoutside the Post in places abroad where field registrations were



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conducted or in such areas overseas as may be authorized by theCommission.

9) List of Overseas Voters with Voting Records refers to the certified list

of overseas voters containing their names and biometrics, arrangedalphabetically, for use by SBEI during the voting period.

10) Manual System of Election refers to the conduct of elections wherethe voting, counting and canvassing are done manually.

11) Mobile Registration refers to the conduct of registration of overseasvoters at various locations outside the posts, other than at the fieldregistrations, undertaken as part of the post’s mobile consular andoutreach activities to Filipinos within their jurisdictions.

12) Municipal/City/District Registry of Overseas Voters (ROV) refers tothe consolidated list prepared, approved and maintained by theCommission for every municipality/city/district of overseas voterswhose applications for registration as such, including those registeredvoters under Republic Act No. 8189, ‘Voter’s Registration Act of 1996′,who applied for certification as overseas voters, have been approved bythe Election Registration Board and/or Resident Election Registration .

13) National List of Registered Voters (NLRV) refers to the consolidatedlist of registered voters under Republic Act No. 8189, otherwise knownas “The Voters Registration Act of 1996 ”, and those registered votersunder the Overseas Voting Act as amended;

14) National Registry of Overseas Voters (NROV) refers to theconsolidated list prepared, approved and maintained by theCommission. This list contains the names of overseas voters whoseapplications for registration as overseas voters, including those

registered voters under Republic Act No. 8189 who have applied to becertified as overseas voters, have been approved by the residentElection Registration Board, indicating the post where the overseasvoter is registered.

15) Office for Overseas Voting (OFOV) refers to the Office of theCommission tasked to oversee and supervise the effectiveimplementation of the Overseas Voting Act.

16) Overseas Voter refers to a citizen of the Philippines who is qualified toregister and vote under the Overseas Voting Act as amended, nototherwise disqualified by law, who is abroad on the day of the elections.

17) Overseas Voting refers to the process by which qualified citizens ofthe Philippines abroad exercise their right to vote.



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18) Overseas Voting Certificate of Canvass refers to a document showingthe date of the election, the country in which it is held, the number ofoverseas voters qualified to vote, the number of overseas voters whoactually voted and the total votes obtained by each candidate in a

country.

19) Overseas Voting Election Returns refers to a document showing thedate of the election, the country in which it is held, the number of votersqualified to vote, the number of overseas voters who actually voted andthe votes obtained by each candidate in an Overseas Voting Precinct.

20) Overseas Voting Precinct refers to the groupings of overseas voters ina given country or post designated for purposes of voting.

21) Overseas Voting Statement of Votes by Precinct refers to adocument containing the date of the election, the country in which it isheld, the number of overseas voters qualified to vote, the number ofoverseas voters who actually voted and the votes obtained by allcandidates in each Overseas Voting precinct in a particular country.

22) Overseas Voter Registration Record refers to the application forregistration/certification approved by the Resident ElectionRegistration Board (RERB) or the computer generated document which

contains the demographic and biometric information of an overseasvoter.

23) Personal Voting a mode of voting where the overseas voterspersonally appear to cast their votes at the Posts or such other votingareas designated by the Commission.

24) Postal Voting a mode of voting where mailing packets, containing theofficial ballots and other election paraphernalia, are sent to the voters

through the mail or are personally delivered to or picked-up by thevoters at the Post or such other voting areas designated by theCommission. Whereupon, the voters either mail or personally delivertheir accomplished ballots to the Post.

25) Post refer to the Philippine embassies, consulates, foreign serviceestablishments and other Philippine government agencies maintainingoffices abroad, e.g., the Philippine Overseas Labor Offices (POLO),having jurisdiction over the places where the overseas voters reside.For purposes of overseas voting, Posts shall also mean to include theManila Economic & Cultural Offices (MECOs) in Taiwan.

26) Registered Overseas Voter refers to one whose application forregistration or for certification as overseas voter has been approved bythe Resident Election Registration Board under the Overseas Voting Actas amended;



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27) Representative of the Commission refers to the officials andemployees of the foreign service corps, including the Filipinocontractual or project term employees that the embassies, consulates

and other foreign service establishments locally hired at the hostcountry, deputized by the Commission pursuant to the Overseas VotingAct as amended;

28) Resident Election Registration Board (RERB ) refers to the in-houseElection Registration Board in every Post and in the OFOV, whichprocesses, approves or disapproves all applications for registrationand/or certification as overseas voters, including deactivation,reactivation and cancellation of registration records;

29) Seafarers refer to ship officers and ratings manning ships, includingoffshore workers, service providers and fishermen, as defined in theRevised Rules on the issuance of Seafarer’s Identification and RecordBook of the Maritime Industry Authority.

30) Special Ballot Reception and Custody Group (SBRCG) refers to thegroup deputized by the Commission to receive and take custody of allaccountable and non-accountable election forms, supplies andparaphernalia sent by the OFOV for transmittal to the voters, Special

Board of Election Inspectors and Special Board of Canvassers.

31) Special Board of Canvassers (SBOC) refers to the body deputized bythe Commission to canvass the Overseas Voting Election Returnssubmitted to it by the Special Board of Election Inspectors.

32) Special Board of Election Inspectors (SBEI) refers to the bodydeputized by the Commission to conduct the voting and/or counting ofvotes.

33) Voters Registration Machine (VRM) refers to the machine used tocapture and store digital images of a person’s photograph, fingerprintand signature, together with all other information regarding an OAVapplicant.

34) Voting Period refers to a continuous thirty (30)-day period, the lastday of which is the day of the election, inclusive of established holidaysin the Philippines and of such other holidays in the host countries.

ART. 2 . Coverage . – All citizens of the Philippines abroad, not otherwisedisqualified by law, at least eighteen (18) years of age on the day of elections,and a registered overseas voter, may vote for President, Vice-President,Senators and Party-List Representatives as well as in all national referendaand plebiscites.



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ART. 3 . Requirements to become an Overseas Voter . – All qualifiedFilipino citizens who are not registered as a voter under Republic Act No.8189, otherwise known as “ The Voters Registration Act of 1996” , shall file anapplication for registration while those who are already registered as a voter

under the said Act shall file an application for certification.

In both cases, only those, whose applications for registration orcertification have been approved, shall be allowed to vote for President, Vice-President, Senators and Party-List Representatives as well as in all nationalreferenda and plebiscites.

ART. 4 . Publication and posting of notice of registration and election .– At least six (6) months before the start of the filing of application forregistration, the Commission shall, through the Philippine embassies,consulates and other foreign service establishments, publish once in anewspaper of general circulation, or in local Filipino newspapers of widecirculation, in countries with not less than Ten Thousand (10,000) Filipinos,the date, place and time of the holding of a regular or special nationalelections and the requirements for the participation of qualified Filipinocitizens abroad.

In addition, the Commission and the DFA shall post the said notice ofregistration and election in their respective websites.

ART. 5. System of continuing registration . – The Commission shallensure that the benefits of the system of continuing registration are extendedto qualified overseas voters.

ART. 6. Deputation of other government agencies . – All governmentoffices, particularly the Department of Foreign Affairs (DFA), Department ofLabor and Employment DOLE), Department of Transportation andCommunications (DOTC), Philippine Postal Corporation (PhilPost), PhilippineOverseas Employment Administration (POEA), Overseas Workers WelfareAdministration (OWWA), Commission on Filipinos Overseas (CFO), theForeign Service Institute (FSI), the Social Security System (SSS) and othergovernment agencies concerned with the welfare of Filipinos overseas aredeputized, and shall, to the extent compatible with their primaryresponsibilities, assist and give the Commission the fullest support in theimplementation of the Overseas Voting Act as amended.

As deputies, they shall:

1) Assist in the data gathering and validation, information,dissemination and facilitation of the registration and electionprocess;



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2) Allow the use of their existing facilities, personnel and mechanismsin connection with the election process;

3) Assist in the development and/or distribution of information

materials authorized by the Commission.

4) Assist in carrying out the provisions of Overseas Voting Act asamended and to take reasonable measures to expedite all electionactivities which the Commission may require them to do.

5) Perform such other functions as may be directed by theCommission.

ART. 7. Integration of the salient features of Overseas Voting Act asamended in government seminars and employment contracts . – The DFA,DOLE, POEA, OWWA, the CFO and other government or private agenciesproviding the same services shall include in their Pre-departure OrientationSeminars (PDOS), the salient features of the Overseas Voting Act as amended.For this purpose, registration as overseas voters may be conducted foroutgoing overseas workers who are attending the PDOS.

All employment contracts processed and approved by the POEA shall

state the right of the migrant workers to exercise their constitutional right ofsuffrage within the limits provided under the Overseas Voting Act asamended.

ART. 8. Authority to explore other modes or systems usingautomated election system. – Within one (1) month after the effectivity ofthese Rules, the Commission shall commence to explore other more efficient,reliable and secure modes or systems, ensuring the secrecy and sanctity of theentire process, whether paper based, electronic-based, or internet –basedtechnology or such other latest technology available for onsite and remoteregistration and elections taking into consideration the peculiarities attendantto overseas voting process.

The Commission shall submit its report and recommendation to theJoint Congressional Oversight Committee.

ART. 9. Procurement of facilities, equipment, materials, supplies and services. – The Commission may procure from local or foreign sources,through purchase, lease, rent or other forms of acquisition, hardware or

software, facilities, equipment, materials, supplies, services, in accordancewith law free from taxes and import duties, subject to governmentprocurement rules and regulations.

ART. 10. Information Campaign. – The Office for Overseas Voting(OFOV), with the support and assistance of the DFA, DOLE, DOTC, PhilPost,



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POEA, OWWA and CFO shall undertake information campaign to educate thepublic on the manner of overseas registration and voting for qualifiedoverseas voters.

In coordination with the OFOV, the Education and InformationDepartment (EID) shall develop information materials for posting in theinternet and distribution, through the said agencies.

The information campaign shall educate the Filipino public, within andoutside the Philippines, on the Philippine electoral system, the rights of thevoters, voter registration and voting processes and other related concerns.

No government agency shall prepare, print, distribute or post anyinformation materials without the prior approval of the Commission.

RULE 3OFFICE FOR OVERSEAS VOTING

ART. 1 . Office for Overseas Voting (OFOV) . – The Commission herebyestablishes the OFOV to oversee and supervise the effective implementation ofthe Overseas Voting Act as amended to be headed by a senior Commissioner who will served for a term of one (1) year . He shall be assisted by a Secretariat

headed by an official with a rank of Director III. The Commission may createsuch regular positions as the need arises.

The present COV shall continue to supervise and oversee the effectiveimplementation of the Overseas Voting Act as amended until theorganizational structure has been approved by the proper authorities and thepersonnel complement shall have been designated.

ART. 2. Functions of OFOV . – The OFOV shall discharge the following

functions.

1. Advise and assist the Commission in the formulation andimplementation of policies which will result in effective, efficient andeconomical holding of overseas registration of voters, elections,referenda and plebiscites;

2. Develop guidelines, criteria, standards and procedures on the conductof registration of overseas voters and the holding of elections,referenda, and plebiscites;

3. Plan and program the activities for the holding of overseas registrationof voters, elections or referenda and plebiscites;

4. Analyze and evaluate Posts’ reports on the conduct of elections,referenda and other forms of consultation and recommend measures toensure free, honest and orderly holding of the same;



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5. Exercise overall supervision on the conduct of overseas registration ofvoters and election; and

6. Provide consultative and advisory services to the DFA, Posts and otherdeputized agencies;

7. Develop plans, programs, operating procedures and administrativetechniques for the implementation of laws and policies on theregistration of voters, the holding of elections, referenda and plebiscites;

8. Undertake information campaign to educate the public on the manner ofoverseas registration of and voting for qualified overseas voters; and

9. Perform other related functions.

RULE 4DEPARTMENT OF FOREIGN AFFAIRS-OVERSEAS VOTING SECRETARIAT

ART. 1. Department of Foreign Affairs-Overseas Voting Secretariat(DFA-OVS). – The Department of Foreign Affairs-Overseas Voting Secretariat(DFA-OVS), a secretariat based at the Department of Foreign Affairs (DFA)headed by a Chairman, is hereby created to assist the Office for the OverseasVoting (OFOV) of the Commission which shall direct, coordinate and overseethe participation of the DFA and its Foreign Service Posts in the effective

implementation of the Overseas Voting Act as amended.

The DFA-OVS Chairman shall be an official with the rank ofUndersecretary and assisted by a secretariat staffed by personnel withpermanent items. In consultation with the Commission, the DFA, though theDFA-OVS, may recommend the creation of such regular positions at the DFA-OVS, as the need arises.

The DFA, through the DFA-OVS, is authorized to re-assign DFApersonnel, hire, when necessary, contractual staff to temporarily augment theDFA-OVS personnel complement, subject to availability of DFA-OVS funds.

The present DFA-OVS shall continue to assist the Commission in orderto effectively implement the Overseas Voting Act as amended until theorganizational structure has been approved by the proper authorities and thepersonnel complement has been designated.

ART. 2. Personnel for Foreign Service Posts and MECOs. – TheCommission or the DFA, through the DFA-OVS, may recommend to thePresident and/or Secretary of Foreign Affairs, the appointment, assignment,and hiring of necessary personnel for Foreign Service Posts and MECOs, inorder to provide the Posts with the adequate personnel complement toproperly discharge their functions in the implementation of Overseas VotingAct as amended.



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ART. 3. Honoraria . - Each member/staff of the DFA-OVS shall beentitled to an honorarium, when serving as members of the Electoral Boardsduring elections or as representatives of the Commission during registrationand on other such instances which relates to registration and elections as may

be determined by the DFA-OVS Chairman with the concurrence by theCommission, at the rate approved by the Department of Budget andManagement, chargeable to DFA-OVS funds.

ART. 4. Travel. –The DFA Secretary, through the DFA-OVS, upon thedirective of the Commission, shall issue orders and authorizations for theofficial travel of DFA-OVS personnel and COMELEC deputized members of theforeign service corps, when necessary in the implementation of the OverseasVoting Act as amended, subject to existing accounting and auditingrequirements, and availability of funds.

ART. 5. Procurement and contracts . – The DFA, through the DFA-OVS,is hereby authorized to procure from local or foreign sources, throughpurchase, lease, rent or other forms of acquisition, hardware or software,facilities, equipment, materials, supplies, services, in accordance with law, freefrom taxes and import duties, subject to government procurement rules andregulations.

ART. 6. Functions of DFA-OVS. – In assisting the COMELEC-OFOV, the

DFA-OVS shall discharge the following functions:

a) Direct, coordinate and oversee the participation of the Department ofForeign Affairs, its Foreign Service Posts (FSP), and MECOs, in theeffective implementation of the Overseas Voting Act as amended;

b) Advise and assist the Commission, through OFOV, in the formulationand implementation of policies in compliance with its mandate ofeffective, efficient and economical holding of overseas registration of

voters, elections, referenda and plebiscites;

c) Provide inputs to the Commission for developing guidelines, criteria,standards and procedures on the conduct of registration of overseasvoters and the holding of overseas elections, referenda, andplebiscites;

d) Plan and program the activities of DFA-OVS, FSP, and MECOs, for theholding of overseas registration of voters, elections or referenda andplebiscites;

e) Order and authorize the official travel of DFA-OVS personnel andCOMELEC deputized Foreign Service personnel, when necessary, inthe implementation of Overseas Voting Act as amended;



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f) Develop plans, programs, operating procedures and administrativetechniques for the implementation of laws and policies on theregistration of voters, the holding of overseas elections, referendaand plebiscites, as promulgated by the Commission;

g) Coordinate and collaborate with NGOs, television and radio stations,print, internet, and other media outlets, to undertake informationcampaigns and briefings, as approved by the Commission, to educatethe public on the manner of overseas registration of and voting forqualified overseas voters;

h) Analyze and evaluate FSP reports on the conduct of overseaselections, referenda and other forms of consultation andrecommended measures to ensure free, honest and orderly holdingof the same time;

i) Hire contractual staff to temporarily augment the DFA-OVSpersonnel complement when necessary;

j) Procure from local or foreign sources, through purchase, lease, rentor other forms of acquisition, hardware or software, facilities,equipment, materials, supplies and services;

k) Coordinate and collaborate with all the Departments, Offices andAgencies of the Executive Branch, both Chambers of Congress, theJudiciary, and all other Constitutional bodies; and

l) Perform other related functions.

PART II

REGISTRATION

RULE 1REGISTRATION REQUIREMENTS AND PROCEDURES

ART.1. Who May Register. – All citizens of the Philippines, who areabroad or will be abroad during the thirty (30)-day voting period, at leasteighteen (18) years of age on the day of the elections and not otherwisedisqualified by law, may register.

ART. 2. Who May Not Register. – The following shall be disqualifiedfrom registering:

1) Those who have lost their Filipino citizenship in accordancewith Philippine laws;



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2) Those who have expressly renounced their Philippinecitizenship or who have pledged allegiance to a foreign country;except dual citizens as referred to under Republic Act No. 9225, otherwise known as the Citizenship Retention and

Reacquisition Act of 2003;3) Those who have committed and are convicted in a final

judgment by a court or tribunal of an offense punishable byimprisonment of not less than one (1) year, such disability nothaving been removed by plenary pardon or amnesty; Provided,however, That any person disqualified to register under thissubsection shall automatically acquire the right to vote uponexpiration of five (5) years after service of sentence;

4) Any citizen of the Philippines abroad previously declared

insane or incompetent by competent authority in thePhilippines or abroad, as verified by the Philippine embassies,consulates or Foreign Service establishments concerned, unlesssuch competent authority subsequently certifies that suchperson is no longer insane or incompetent.

ART. 3 . Where to file application for registration/certification . –OVFNo. 1 may be filed at any Post abroad or at designated registration centersoutside the post or in the Philippines as approved by the Commission.

ART. 4. Requirements for Filing of Applications for Registration/Certification. – Every applicant shall accomplish OVF No. 1and submit thefollowing:

1) Valid Philippine passport to establish his identity. In theabsence of a valid passport, a certification of the DFA that it hasreviewed the appropriate documents submitted by theapplicant and found them sufficient to warrant the issuance ofa passport, or that the applicant is a holder of a valid passportbut is unable to produce the same for a valid reason; and

2) In case of applicants who availed themselves of the“Citizenship Retention and Reacquisition Act” (RA 9225), theoriginal or certified true copy of the Order of Approval of theirapplication to retain or reacquire their Filipino citizenshipissued by Post or their Identification Certificates issued by the

Posts or the Bureau of Immigration; or

3) In case of seafarers a photocopy of their Seamans Book or anyother pertinent document.

http://www.comelec.gov.ph/laws/republic_acts/ra_9225.html

http://www.comelec.gov.ph/laws/republic_acts/ra_9225.html



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this case, the form shall be st amped “for data capturingonly”.

e) If applicants’ names are included in the NLRV as voters with

biometrics, in another Post, advise the applicants not toregister anew. However, if the applicants intend to transfertheir registration records to another Post, issue OVF No. 2Letter-Request of Transfer.

f) If applicants’ names are included in the NLRV as voterswithout biometrics, in another Post, advise the applicants toaccomplish OVF No. 1B then issue OVF No. 1 to applicantsand write on the appropriate space the Application Number

previously assigned to them as appearing in the NROV. Forthis purpose, the form shall be stamped “for data capturingonly”.

3) Ensure that the OVF No.1 issued to the applicants have beenaccomplished legibly, accurately and completely; and

4) Direct the applicants to the Voter Registration Machine (VRM)

operator for the live capture of their biometrics.

C. The VRM Operator shall :

1) Attach the Application Form Number sticker, consisting of sixteen(16) digits, on the upper right hand portion of the accomplished OVFNo. 1 for new applicants for registration/certification.

2) Encode the demographics required by the Voter Registration System(VRS);

3) Capture the applicant’s biometric data. If applicant does not submitfor the live capture of biometrics, the applicant shall be informed thatthe application shall be deemed not filed.

4) In case of defective or non-availability of VRM, the representative ofthe Commission shall:

a) Require the applicant to affix his right thumbprint on theavailable space between the boxes for the Date andSignature of the Applicant on OVF No.1;



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b) Accomplish OVF No. 1C- Certification on VRM Malfunctionthat on the day of the filing of said application, the VRM wasdefective or not available. The OVF No. 1C shall be attached

to the applicant’s OVF No. 1 and shall be placed in aseparate file;

c) Advise the applicant to submit to live biometrics capture assoon as the VRM becomes available. For this purpose, thePost shall notify the applicant;

Failure on the part of the applicant to appear despite noticefor biometric capturing shall render the applicant’s OVF No.1 as not filed , without prejudice to the applicant’sappearance at a later time during the registration period forbiometrics taking.

5) Affix initials under the space provided for the signature of theAdministering Officer, in OVF No.1;

6) Return the initialed OVF No.1 to the applicant for submission to the

representative of the Commission. The latter shall administer theOath found in OVF No. 1 if properly initialed by the VRM operatorandsign the space provided in OVF No. 1. The absence of the initials ofthe VRM operator shall be construed as applicant’s fail ure to submitto live capture of his biometrics. In such case, he shall be directed toreturn to the VRM Operator for biometrics capture;

7) At the end of each day:

a) Save to CD all records captured.

b) Gather all accomplished application forms and compactdiscs (CDs).

c) Compile all accomplished application forms alphabeticallyby surname; and

d) Store the application forms, CDs, other forms and suppliesin a safe and secure place. CDs that are not yet full or nothave been finalized shall be used in the succeedingregistration day.

8) At the end of the month:



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a) Generate a list of those who applied for registration orcertification, and other applications. Said list shall be postedin the COMELEC website (for applications received from the

designated registration centers in the Philippines) and DFAwebsite (for applications received abroad);

b) Determine if the name of the applicant is included in theNLRV. If included, determine whether the applicant isregistered as overseas voter or in the Philippines. Ifregistered as overseas voter, annotate in the OVF No. 1 andin the generated list “Already registered in ___ post”,thereafter, prepare a list of applicants of “Alreadyregistered overseas voter”.

c) Submit to the RERB all OVF No. 1 received for the month,including the list of applicants for approval/disapproval.

9) After RERB hearing:

a) Segregate approved from disapproved OVF No. 1;

b) Mark all disapproved records in the database;

c) Generate List of Applicants with Approved OVF No. 1;

d) Generate List of Applicants with Disapproved OVF No. 1;

e) Back-up in a CD all records approved for the month; and

f) Submit the back-up CD, list of all approved applications andaccomplished OVF No. 1 to the OFOV through DFA-OVS,within five (5) days after the hearing.

All disapproved applications shall remain in the custody of thePost.

D. The OFOV shall :

1) Obtain from the RERBs after each hearing, all applications actedupon by them, and on the basis thereof, consolidate the contents ofthe back-up CDs received from the posts and designated registrationcenters in the Philippines;

2) Create two (2) back-up CDs of the consolidated records; and



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3) Endorse the CD containing the consolidated records to theInformation Technology Department (ITD) of the Commission forAutomated Fingerprint Identification System (AFIS) processing of

all records and thereafter, print the Overseas Voters RegistrationRecord (OVRR) including ID, NROV and CLOV.

RULE 2FIELD AND MOBILE REGISTRATION

ART. 1. Overseas Field or Mobile Registration. – The Post may conduct

field or mobile registration subject to the following guidelines:

1) The host government allows such field or mobileregistration activities/services;

2) The conduct of field or mobile registration services will notcompromise the security, integrity and sanctity of theregistration process;

3) Field or mobile registration services will benefit asubstantial number of Filipinos in areas under thejurisdiction of the Posts;

4) Information on the different schedules of field or mobileregistration activities shall be widely disseminated by thePost;

5) The conduct of field or mobile registration services shall be

consistent with the provisions of the Overseas Voting Act asamended and the procedure prescribed by the DFA InternalGuidelines;

6) Field or mobile registration services shall be undertaken bythe authorized representatives of the Commission;

7) The conduct of mobile registration services will not entailany expense on the part of the Commission while the fieldregistration services shall be conducted, upon priorapproval of the Commission through the OFOV, and with theleast expense on the part of the Commission; and

8) Post which will conduct field or mobile registration servicesshall use VRMs from their current inventory of VRMs.



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ART. 2. Local Field Registration. – All local field registration shall meetthe following guidelines:

1) The Commission, through the OFOV, authorizes such fieldregistration activities;

2) The conduct of field registration will not compromise thesecurity, integrity and sanctity of the registration process;

3) The information on the different schedules shall be widelydisseminated by the OFOV, DFA-OVS and the government orprivate agencies involved;

4) The field registration shall be undertaken by the OFOV incoordination with the DFA-OVS and other government orprivate agencies deputized by the Commission; and

5) The conduct of the field registration shall be consistent withthe provisions of Overseas Voting Act as amended.

RULE 3RESIDENT ELECTION REGISTRATION BOARD (RERB)

ART.1. Composition of Resident Election Registration Boards (RERB). –

A. The RERB in each Post shall be composed to the following:

1) A career official of the DFA as Chairperson;2) The most senior officer from the Department of Labor and

Employment (DOLE) or attache’ of any government agency ofthe Philippines maintaining offices abroad as member; and

3) A registered overseas voter as member.

B. The RERB in the OFOV shall be composed of:

1) A senior official of the Commission as Chairperson;2) The officer from the Department of Foreign Affairs (DFA) as

member; and3) Department of Labor and Employment (DOLE) as member;

Provided that those who will be appointed as members of the RERBfrom the DFA and DOLE must have a rank not lower than division chief or itsequivalent.



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ART. 2. Qualifications of members of RERB . – The following shall bethe qualifications of the members of the RERB:

1) Members of the RERB in the Post must be:a) Filipino citizens;b) Of known probity, proven competence and integrity;

In addition to the above qualifications, the third member must bea registered overseas voter.

2) Members of the RERB in the OFOV must be:

a) Filipino citizens;b) Of known probity, proven competence and integrity.

In addition to the above qualifications, those who will beappointed as members of the RERB from DFA and DOLE must have arank not lower than a division chief or its equivalent.

ART. 3. Disqualification of members of RERB . – No member of theRERB shall be related to each other or to an incumbent President, Vice-President, Senator or Party-list Representatives in the House ofRepresentatives, within the fourth civil degree of consanguinity or affinity.

ART. 4. Appointment of Members of RERB. –The Commission, throughthe OFOV, shall appoint the members of the RERB upon the recommendationof the DFA-OVS.

ART.5. Honoraria. – Each member of the RERB shall be entitled to an

honorarium at the rate approved by the Department of Budget andManagement (DBM).

ART. 6. Duties and Functions of the RERB. – The RERB shall have thefollowing duties and functions:

A. RERB AT THE POST

1) Post at the bulletin board of the Post and in its website, thenames of the applicants and the dates when their applicationsshall be heard, as well as the place where the RERB will hold itshearing;



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2) Notify, through the OFOV, all political parties and other partiesconcerned of the pending applications through a weeklyupdated publication in the website;

3) Act on all applications received by the Posts;

4) Notify all applicants, whose applications have beendisapproved, stating the reasons for such disapproval;

5) Prepare a list of all approved applications during each hearingand post the same at the bulletin board of the Post, and on thewebsite of the Post, if any ;

The information above-cited shall be made available to theDFA-OVS for posting at their own website and website of theCommission.

6) Submit to OFOV, through DFA-OVS, the list of approvedapplications during each hearing and the CDs containing thebiometrics and demographics of the applicants within five (5)days after conclusion of the hearing.

7) Deactivate the registration records of overseas voters inaccordance with these Rules.

8) Reactivate the registration records of overseas voters. inaccordance with these Rules.

9) Perform such other duties as may be consistent with itsfunctions as provided under the Overseas Voting Act asamended.

B. RERB IN THE PHILIPPINES

1) Post at the Office of the OFOV, and in its website, the names ofthe applicants and the dates when their applications shall beheard, as well as the place where the RERB will hold itshearing;

2) Notify all political parties and other parties concerned of the

pending applications through a weekly updated publication inthe website of the Commission. The OFOV shall be utilized toeffect said notification;

3) Act on all applications received from the local field registrationcenters established in the Philippines ;



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4) Notify all applicants, whose applications have beendisapproved, stating the reasons for such disapproval;

5) Prepare a list of all approved applications during each hearing

and post the same at the bulletin board of the Commission, atthe OFOV, and on the website of the Commission;

The OFOV, with the approval of the Commission, mayconstitute as many additional RERBs as may be necessary toensure that all applications are acted upon within the periodprescribed herein.

6) Deactivate the registration records of overseas voters. inaccordance with these Rules;

7) Reactivate the registration records of overseas voters. inaccordance with these Rules; and

8) Perform such other duties as may be consistent with itsfunctions as provided under the Overseas Voting Act asamended.

ART. 7. Notice of hearing of applications. –Upon receipt of theapplications, the Chairman of the RERB shall immediately:

1) Set the applications for hearing in accordance with theschedule set by the Commission;

2) Prepare and post the Notice of Hearing as provided underthese Rules, at least one (1) week before the date of hearing;

3) Notify all political parties and duly accredited citizen’s arms ofthe pending applications for registration through a weeklyupdated publication in the website of the Post or of theCommission in case of applications filed at the registrationcenters in the Philippines;

4) In case of applications for certifications, verify from the NLRV,whether the applicant is a registered voter.

Art. 8. Filing of Oppositions/Objections. –Any interested party may filea verified objection/opposition to the application at least seven (7) daysbefore the date set for hearing.

1) If objections are filed, the Chairperson of the RERB shallimmediately notify the concerned applicants of the objections



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by personal service or by registered mail, together with copiesof the objections and the documents submitted in supportthereof, if any. In case of the RERB in the OFOV, the notice shallbe sent to the applicants’ authorized representatives.

2) The applicants shall, within five (5) days from receipt of thecopy of objection, file personally or by registered mail theirAnswers that clearly state their defenses. The Answers, ifexecuted abroad, shall be duly sworn to before any consularofficer authorized to administer oath or authenticated by thePost if notarized by a non-consular officer, at no cost to theapplicant . If the Answers are executed in the Philippines, thesame shall be sworn to before any officer authorized to

administer oath. For this purpose, the date postmarked in theenvelope containing the Answer shall be considered as thedate of filing. Answers to objections filed during the last monthof registration period should be received by the RERB not laterthan the last day of hearing.

ART. 9. Nature of the proceedings of the RERB. – The proceedings ofthe RERB shall be summary in nature. No motions shall be allowed exceptmotions for reconsideration on the approval/disapproval of the Applicationsfor Registration/Certification. Unnecessary delays in the proceedings shall notbe countenanced. Arguments and manifestations, if any, by the parties or theirlawyers/representatives must be filed in writing and be attached to theMinutes.

ART. 10. Approval or disapproval of applications. –For Applicationsfor Registration/Certification, the RERB shall, on the date set for hearing:

1) Determine whether the applicant possesses all the qualifications

and none of the disqualifications for registration. If applicantsmeet all the qualifications and none of the disqualifications forregistration and no objections have been filed, the RERB shallapprove the application; otherwise, the same shall bedisapproved. If objections have been filed, with or without thecorresponding Answers, the same shall immediately be actedupon.

2) If applicants filed their applications for Registration and upon

verification from the NLRV, they are registered voters in thePhilippines, the applications shall be approved and shall betreated as applications for Certification.



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3) If upon verification from the NLRV, the applicants are registeredvoters of another Post, the same shall be treated as applicationsfor transfer to be forwarded to OFOV.

Art. 11. Notice of disapproval. –Within three (3) days from thedisapproval of the applications, the RERB shall send notices of saiddisapproval to the applicants by mail or other modes of communication,stating the reason for such disapproval. In addition, the RERB shall, on the dayfollowing the action taken on the applications, post at the bulletin board of thePost/OFOV, and in the websites of the Posts/Commission, the list of the namesof those whose applications have been disapproved.

ART. 12. Approved applications –Upon approval of the application by

the RERB, the Chairperson shall immediately transmit to the OFOV thecomplete list of registered voters and the back-up CD containing thebiometrics and demographic of the said registered voters.

In turn, the OFOV shall direct the ITD of the Commission to include inthe NROV the names of the applicants with approved applications.

ART. 13. Remedy for Disapproved Application for Registration/Certification. – For applications disapproved by the RERB, the applicants ortheir authorized representatives shall, within a period of five (5) days fromreceipt of the notice of disapproval of their application forregistration/certification, may file a motion for reconsideration before theRERB which shall decide the same within five (5) days after its filing on thebasis of the documents submitted but not later than one hundred twenty(120) days before the start of the overseas voting period .

The name of the movant/applicant shall be included in the NROV, if themotion for reconsideration is given due course by the RERB.

The resolution of the RERB shall be immediately executory, unlessreversed or set aside by the Court.

Art. 14. Minutes of RERB proceedings. –The RERB shall prepare theMinutes of the proceedings which shall include the following:

1) Number of applications submitted to the RERB for consideration;2) List of applicants whose applications were approved/disapproved

citing the reasons thereof and the application form numbersopposite their names;

3) Names of watchers, representatives or lawyers present;4) Such other important events as they occur during the

proceedings.



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RULE 4INCLUSION/EXCLUSION

ART. 1. Petition for Inclusion. – The aggrieved party or through an

authorized representative may file a petition for inclusion with the properMetropolitan Trial Court (MeTC) in Manila within ten (10) days from receiptof the notice of denial of the motion for reconsideration.

The petition shall be decided within fifteen (15) days after its filing onthe basis of the documents submitted. Should the court fail to render adecision within the prescribed period, the ruling of the RERB shall beconsidered affirmed with finality.

The Commission may make the necessary representation before theCourt Administrator for the designation of special courts that shall hear anddecide exclusion and inclusion cases.

ART. 2. Petition for Exclusion. – Any interested party may file a verifiedpetition for the exclusion of a registered overseas voter from the NROV, asfollows:

1) For applications approved by the local ERB in connection withthe May 10, 2004 National Elections, with the properMunicipal or Metropolitan Trial Court (MTC/MeTC);

2) For applications approved by the RERB, with the MeTC-Manilaor with the proper MTC/MeTC where the overseas votersought to be excluded resides in the Philippines at the optionof the Petitioner.

3) The court shall decide the Petition within fifteen (15) daysfrom its filing but not later than one hundred twenty (120)days before the start of the voting period.

4) In case the Petition is granted, the RERB shall cancel theregistration record of the overseas voter concerned.

5) Should the court fail to render a decision within theprescribed period, the ruling of the RERB shall be consideredaffirmed with finality.

All Petitions for Exclusion shall be filed not later than one hundredeighty (180)calendar days before the start of the voting period.



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ART. 3. Inclusion in the National Registry of Overseas Voters. – Allapproved applications for registration/certification shall be included in theNROV and in the ROV of the municipality/city/district where the registrant isdomiciled.

The NROV shall be published at the websites of the Commission andDFA not later than ninety (90) calendar days before the start of the votingperiod.

ART. 4. Voters excluded from the National Registry of OverseasVoters through inadvertence. – Any registered overseas voter whose namehas been inadvertently omitted in the NROV, may personally or through anauthorized representative, file with the OFOV or with the Post havingjurisdiction over the voter’s residence, an applicati on under oath forreinstatement by accomplishing OVF No. 1D.

The Post shall, within two (2) days from receipt of the application,forward the same to the OFOV for action.

All applications for reinstatement of voters excluded in the NROVthrough inadvertence shall be filed not later than the start of the votingperiod.

RULE 5CORRECTION OF ENTRIES AND CHANGE OF ADDRESSES

ART. 1. Applications for Correction of Entries and Change of Name. – If the application is for the correction of entries, misspelled name, change ofname by reason of marriage or death of husband, or by virtue of a court order,and change of any other entries in the NROV, CLOV and the voters IDs, theregistered overseas voter shall accomplish OVF No. 1E and RERB through theOFOV or the post exercising jurisdiction over the voter’s residence not laterthan ninety (90) days before the start of the voting period.

If change of name by reason of marriage or death of husband, or byvirtue of a court order, and change of any other entries in the NROV, CLOV andthe voters IDs entails change of biometrics, the applicant must file hisapplication personally. The applicants to accomplish OVF No. 1H then issueOVF No. 1 to applicants and write on the appropriate space the ApplicationNumber previously assigned to them as appearing in the NROV. For thispurpose, the form shall be stamped “for data capturing only”.

The RERB shall resolve the application within one (1) month fromreceipt thereof, otherwise the application shall be deemed approved.



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Within five (5) days from approval, all scanned copies of approvedOVFNo. 1H and OVF No.1and CD containing the biometrics of the applicants shallbe transmitted to OFOV for updating of the database.

ART. 2. Notice of Change of Address or Withdrawal of ApplicationPending Approval. – Applicants for registration/certification during thecontinuing overseas voters registration whose applications have not yet beenacted upon by the RERB may request for either a change of address to anotherPost by filing OVF No. 1B or withdrawal of their applications by filing OVF No.1F.

The filing may be done either at the Post where the applications wereoriginally filed or at the Post which has jurisdiction over the applicant’s newaddress, on or before the end of registration period, attaching thereto aphotocopy of their passports or any other legal documents properlyidentifying the applicant.

All notices for change of address or withdrawal of application pendingapproval shall be filed not later than the last day of filing of application forregistration.

ART. 3. Updating of Address under the jurisdiction of the same Postand country. – Registered overseas voters who transfer residences from one(1) place to another within the same Post and country may, not later than the

last day of registration, shall update their addresses by accomplishing OVF No.1H and filing the same at the OFOV or Post which has jurisdiction overtheirnew residences.

Within five (5) days from approval, the Post shall transmit to OFOV allscanned copies of approved OVF No. 1H for updating of the database.

The Post or OFOV shall attach the OVF No. 1H to the OVF No. 1 of saidvoters.

RULE 6 TRANSFER OF REGISTRATION RECORDS

ART. 1. Transfer of registration records. – Registered overseas votersmay request for the transfer of their registration records in the followingcases:

1) In case of transfer of residence under the jurisdiction of onePost to another residence under the jurisdiction of anotherPost; or

2) In case of transfer of residence in a particular foreign countryto another residence in another country but within thejurisdiction of the same Post; or



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3) In case of transfer of residence under the jurisdiction of onePost back to the Philippine municipality/city/district of thevoters residence as indicated in OVF No. 1; or

4) In case of transfer of residence under the jurisdiction of onePost back to the Philippine municipality/city/district otherthan the voter ’s residence as indicated in OVF No. 1.

All applications for transfer of registration record must be filed by theoverseas voter with the OFOV or through the Post, at least one hundred eighty(180) days prior to the start of the overseas voting period: Provided, Thatthose who would eventually vote in the Philippines should register within the

time frame provided for local registration in the municipality, city or districtwhere they intend to vote: Provided, further, That those who have registeredin the municipality, city or district where they resided prior to their departureabroad need not register anew: Provided, finally, That transferees shall notifythe OFOV of their transfer back to the Philippines at least one hundred eighty(180) days prior to the next national elections for purposes of cancelling theirnames from the CLOV a nd of removing their overseas voter’s registrationfrom the book of voters.

ART. 2. Application for transfer of registration records from onePost to another; from one country to another country belonging to the same Post. – Overseas voters who transfer their residences under thejurisdiction of one Post to another residence under the jurisdiction of anotherPost or from one country to another country belonging to the same Post, mayapply for transfer using OVF No. 1B either with the:

(a) OFOV;

(b) Local Field Registration Center; or

(c) Posts having jurisdiction over their new residences.

The Post concerned shall prepare a list of applicants who filed theirapplications for transfer. The list, together with the scanned copies of OVF No.1B and OVF No. 1, and the finalized CDs shall be transmitted to the OFOV inthe manner provided in these Rules.

Within five (5) days from receipt of OVF No. 1H, the OFOV shall updatethe voting records of the concerned registered overseas voters and notify the

voters and Posts concerned of the actions taken.All applications for transfer of registration records from one Post to

another; from one country to another country belonging to the same Post shallbe filed not later than the last day of registration.



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ART.3 . Application for transfer of registration records from Post tothe same Philippine Municipality/City/District. – All overseas voters whowant to transfer their registration records from one Post back to the

Philippine municipality/city/ district may apply, with the OFOV, Local FieldRegistration Center or through the Posts, for transfer of registration from theoverseas registry to the local registry using OVF No. 1B.


The OFOV shall verify if the applicant is included in the NROV. If theapplicant is included, the OFOV shall approve the application and issue acertification attesting that the applicant is included in the NROV. The OFOVshall remove the name of the applicant from the NROV and direct the RERB ofthe Post concerned to also remove the name of the applicant inthe Post’sdatabase.

If the name of the applicant does not appear in the NROV, the OFOVshall disapprove the application for transfer.

Thereafter, the applicant shall forthwith file an application with theconcerned EO within the registration period for removal of annotation ortransfer.

Upon receipt of the approval and certification, the applicant shallproceed to the Office of the Election Officer of his residence, present theapproval and certification as well as the copy of his previously approved OAVFNo. 1 to the EO.

If the applicant’s name is included in the CVL of hismunicipality/city/district, the EO concerned shall remove the annotation, ifany.

If the applicant is not included in the CVL, but in the ROAV of the EO’smunicipality/city/district, the EO shall advise the applicant to apply for localregistration.

If the applicant is included in the municipality/city/district, the EO shall

advise the applicant to apply for transfer of registration. ART. 4. Application for transfer of registration records from Post to

the Philippine Municipality/City/District other than the voters residenceas indicated in OVF No.1. – Any overseas voters who transfers their residencefrom one Post back to the Philippine municipality/city/district other thantheir voter’s residence as indicated in OAVF No. 1, may apply with the Posts,



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OFOV or Local Field Registration Center for transfer of registration from theoverseas registry to the local registry using OVF No. 1.


The OFOV shall verify if the applicant is included in the NROV. If theapplicant is included, the OFOV shall approve the application and issue acertification attesting that the applicant is included in the NROV.

The approval and certification shall be reproduced in two (2) morecopies. One copy of the approval and certification shall be given to theapplicant. The other copy of the certification and approval shall be forwardedto the Election Officer of the applicant’s residence and the remaining copy ofthe approval and certification shall be retained by the OFOV for its file. Thecopies intended for the Election Officer and the applicant shall beaccompanied by a copy of the applicant’s previously approved OVF No. 1.

Upon receipt of the approval and certification as well as the copy ofpreviously approved OVF No. 1, the applicants shall proceed to the Office ofthe Election Officer of their new residence, present the approval andcertification as well as the copy of their previously approved OVF No. 1, andapply for registration if they are not yet registered locally, or apply fortransfer of registration if they are registered locally. The EO shall act on theapplications in accordance with the rules on registration or transfer ofregistration of local voters.

The EO shall notify the OFOV of the ERB’s action on the application ofthe overseas absentee voter and request the EO of the overseas absenteevoter’s old residence to delete his name from the ROV and CVL.

The application for transfer shall be filed not later than one hundredtwenty (120) days before the day of the elections.

RULE 7 DEACTIVATION OF REGISTRATION RECORDS; REMOVAL/DELETION

OF NAMES OF OVERSEAS VOTERS IN THE NROAV

ART. 1. Deactivation of registration records. – The registration

records of the following registered overseas voters shall be deactivated:1) Any person who has been sentenced by final judgment by a

Philippine court or tribunal to suffer imprisonment for not lessthan one (1) year, such disability not having been removed byplenary pardon or amnesty: Provided, however, That any persondisqualified to vote under this paragraph shall automatically



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reacquire the right to vote upon the expiration of five (5) yearsafter service of sentence, as certified by the Clerks of Courts of theMunicipal, Municipal Circuit, Metropolitan, Regional Trial Courtsor the Sandiganbayan;

2) Any person declared by competent authority to be insane orincompetent, unless such disqualification has been subsequentlyremoved by a declaration of a proper authority that such person isno longer insane or incompetent;

3) Any person who did not vote in two (2) consecutive nationalelections as shown by voting records; and

4) Any person whose registration has been ordered excluded by thecourts.

In connection with the above, the:

1) DFA shall, on a monthly basis, submit to the Commissionthrough the OFOV, a list of those who have been declaredinsane or incompetent by competent authority abroad;

2) The Clerks of Court of the Sandiganbayan, Regional TrialCourts, Metropolitan Trial Courts, Metropolitan Circuit TrialCourts; Municipal Circuit Trial Courts shall, on a monthlybasis, provide the Commission through the OFOV, a list ofthose:

a) sentenced by final judgment to sufferimprisonment of not less than one (1) year;

b) sentenced by final judgment of having committedany crime involving disloyalty to the dulyconstituted government;

c) declared insane or incompetent by competentauthority here in the Philippines;

ART. 2. Procedures for deactivation. – The OFOV shall, on a monthlybasis, provide the RERBs, with the lists of persons mentioned in theimmediately preceding Article, submitted by the DFA and the Clerks of Courts.

The RERBs shall, on the dates scheduled for the approval/disapproval ofapplications for registration/certification, consider the lists and after duedeliberation, issue an Order of Deactivation which shall contain the names of



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those whose registration records have been deactivated, the reason/s for thedeactivation and the period within which to contest the deactivation.

The RERB shall remove the deactivated registration records from the

corresponding book of voters and place the same, properly marked and dated,in an inactive file.

Within five (5) days from issuance of the Order of Deactivation,theRERB shall submit the lists to the OFOV which shall in turn direct the ITD tomark the fact of deactivation on the names of the registered overseas voters inthe NROV and ROV.

The RERBs shall post the lists of those, whose registration records havebeen deactivated, at the bulletin board and website of the Post and in thewebsites of the Commission and the DFA.

RULE 8REACTIVATION

ART.1. Procedures for Reactivation of Registration Records. – Anyregistered overseas voter whose registration record had been deactivated, notlater than one hundred twenty (120) days before the start of the voting

period, may file with the OFOV, the Post concerned or the Local FieldRegistration Center, a sworn application for reactivation of registration record(OVF No. 1G) stating that the grounds for the deactivation no longer exist.

The OFOV, the Post or the Local Field Registration Center shall preparea list of names of applicants who filed their applications for reactivation andsubmit said lists and applications to the RERB for appropriate action.

Within five (5) days from receipt of OVF No. 1G, the RERB shall act on

the application for reactivation.

In case the application is approved, the RERB shall retrieve theregistration record from the inactive file and include the same in the activebook of voters. The political parties shall be notified on approved applications.

RULE 9NROV, CLOV AND ROV

ART. 1 . Preparation, printing and posting of the NROV . – TheCommission, through the OFOV, shall prepare and maintain a NROVcontaining the names of registered overseas voters and the posts where theyare registered.



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ART. 2 . Preparation of the Municipal/ City/ District Registry ofVoters . –The OFOV shall, not later than ninety (90) days before the start of thevoting period:

1) Prepare and maintain a ROV per municipality, city or district.

2) Provide the Election Officer of each municipality, city ordistrict copies of their respective ROVs for their reference.

ART. 3 . Preparation and posting of the CLOV. – The CLOV shall beprepared by the OFOV on a country-to-country basis, and shall be approvedby the Commission En banc before every elections but not later than ninety(90) days before the start of the voting period and furnish within the sameperiod electronic copies thereof to the appropriate posts.

Within five (5) days from receipt of the electronic copies of the CLOV,the Post shall print the hard copies of the CLOV and post the same in theirbulletin boards and/or websites within ten (10) days from receipt thereof.

ART. 4. Issuance of soft copies of CLOV; Guidelines . – The candidates,

political parties, accredited citizens’ arms, and all other interested personsshall be furnished soft copies of the CLOV under the following requirements:

1) Only requests related to election and registration shall beentertained.

2) All requests must be made in writing and shall be addressed to theOFOV or Post which shall approve/disapprove all requests. The letterrequest shall indicate the concerned Posts or countries whose CLOVs

are being requested and the reason for such request.

3) Only soft copies of the hashed print files of the Post or country CLOVshall be generated for the requesting parties;

4) No database file shall be issued to any requesting party.

5) The requesting party shall agree in writing to use the generatedhashed CLOV print files only for its intended purpose, as indicated inits letter-request and not to give away, reproduce or sell said list forcommercial and unlawful purpose;

6) The requesting party shall also agree in writing not to publish anyregenerated data from the generated hashed CLOV print files in anyinternet-related medium for public consumption.



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7) A processing fee of Php 1.00 or its equivalent in foreign currency perCLOV plus a Certification fee of P75.00 or its equivalent in foreigncurrency per request shall be charged to the requesting party.

8) The requesting party shall pay the estimated fees at the CashDivision, ASD, COMELEC if request is filed before the OFOV, or paywith the corresponding office of the Post.

9) A photocopy of the Official Receipt (OR) shall be attached to therequest and be forwarded to the ITD or to the Post .

10) The ITD or Post shall then generate the hashed CLOV print file.

Non-governmental organizations and other civil society organizationsaccredited by and working with the Commission as partners on overseasvoters’ education and participation shall be exempt from the payment of fees.

ART. 5 . List of Overseas Voters with Voting Records (OVF No. 2-A) . –The Committee shall prepare a List of Overseas Voters with Voting Records,containing the names of Overseas Voters, with appropriate spaces for ballotserial number, thumb mark, signature of the voter and such data as may berequired.

ART. 6. Removal or deletion or cancellation of entries in the NROV. – The names of the following registered overseas voters shall beremoved/deleted/cancelled in the NROV:

1) Those who filed a letter under oath addressed to the OFOVrequesting that their names be removed from the NROV ortransferred to the regular registry of voters; or

2) Those who died;

ART. 7. Cancellation of registration records; Procedures. –The OFOVshall :

1) Prepare the lists of the following:

a) Those who died as certified by the Post and the Local CivilRegistrar; or

b) Those who have been proven to have lost their Filipinocitizenship.

2) Submit to the RERBs the lists mentioned in the preceding paragraphfor approval/disapproval;



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3) Upon receipt of the Order of the RERBs, for the cancellation ofregistration records, the OFOV shall prepare the corresponding listsindicating the reason/s therefor, and the period within which to

contest the cancellation.

The OFOV shall submit to the ITD the list of registered voters whoseregistration records are ordered cancelled by the RERB. Thereafter, ITD shallcancel the names in the said list from the database of registered voters.

The OFOV shall post the lists of those whose registration records havebeen ordered cancelled, at the Office of the OFOV and in the websites of theCommission and the DFA. Such posting shall be considered as substantialcompliance on the notification requirement.

ART.8. Consular and Diplomatic Services in connection with theoverseas voting processes . – The following consular and diplomatic servicesrendered pursuant to the Overseas Voting Act as amended shall be provided bythe embassies, consulates and other foreign establishments at no cost to theoverseas voter specifically:

1) the authentication of the photocopies of the valid passport;

2) the issuance of certifications by the DFA if the applicant has no validpassport, or if the valid passport is lost or is otherwise not available;

3) notarization of affidavit of loss or unavailability of a valid passport;

4) notarization of the accomplished application for registration form;and

5) notarization of verified answer relating to objections, exclusions andinclusions from the voter’s registry .

All other diplomatic and consular services such as the issuance of a newpassport and those for which fees may be charged as authorized by theOverseas Voting Act as amended and these Rules shall be subject to theregular charges imposed by embassies, consulates and other foreign serviceestablishments.

RULE 10PRINTING, TRANSMITTAL AND DISPOSITION OF BALLOTS, VOTING

INSTRUCTIONS, ELECTION FORMS AND PARAPHERNALIA

ART. 1 . Printing of ballots and other election forms . – TheCommission shall cause the printing of the ballots for overseas votersand all



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other accountable and non-accountable forms in such number as maybenecessary but in no case shall these exceed the total number of approvedapplications. Security markings shall be used in the printing of ballots.

ART. 2 . Transmittal of ballots and other election forms . – TheCommission, through the OFOV shall present to the authorizedrepresentatives of the DFA and the accredited major political parties theballots for overseas voters (if applicable), voting instructions, election formsand other election paraphernalia for scrutiny and inspection prior to theirtransmittal to the embassies, consulates and other foreign serviceestablishments concerned.

The Commission, through the OFOV, shall, not later than forty-five (45)days before the day of the elections, transmit by special pouch, through theDFA, to the embassies, consulates and other foreign service establishments, allelection documents, forms and paraphernalia to ensure the secrecy andintegrity of the elections.

The accredited major political parties, citizens’ arms and accreditedOverseas Filipino Workers (OFW) organizations shall be entitled to onerepresentative/watcher at any given time in all phases of printing, transmittal,and casting of election documents, forms and paraphernalia abroad.

RULE 11CAMPAIGNING ABROAD

ART. 1 . Regulation on Campaigning Abroad . – The use of campaignmaterials, as well as the limits on campaign spending, shall be governed by thelaws and regulations applicable in the Philippines.

Personal campaigning of candidates shall be subject to the laws of the

host country.

ART. 2 . Specific rules on campaigning . – The following rules shallapply during the campaign period, including the day of the election:

1) The “port courtesies” that embassies, consulates and other foreignservice establishments may extend to candidates shall not go beyondwelcoming them at the airport and providing them with briefingmaterials about the host country, and shall at all times be subject tothe availability of the personnel and funding for these activities.

2) The embassies, consulates and other foreign service establishmentsshall continue to assist candidates engaged in official Philippinegovernment activities at the host country and in making therepresentations with the host government.



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3) Members of the foreign service corps may attend public social/civil/religious affairs where candidates may also be present, provided thatthese officers and employees do not take part in the solicitation ofvotes and do not express public support for candidates.

4) While nothing in the Overseas Voting Act as amended shall bedeemed to prohibit free discussion regarding politics or candidatesfor public office, members of the foreign service corps cannotpublicly endorse any candidate or political party nor take part inactivities involving such public endorsement.

5) No partisan political activity shall be allowed within the premises ofthe embassy, consulate and other foreign service establishment.

6) Government-sponsored or permitted information disseminationactivities shall be strictly non-partisan and cannot be conductedwhere a candidate is present.

7) A member of the foreign service corps cannot be asked to directlyorganize any meeting in behalf of a party or candidate, or assist inorganizing or act as liaison in organizing any such meeting. Theprohibition shall apply to all meetings –social, civic, religiousmeetings –where a candidate will be present.

PART IIIELECTION

RULE1SPECIAL BALLOT RECEPTION AND CUSTODY GROUP (SBRCG)

ART.1. Special Ballot Reception and Custody Group; constitution .– The Commission, through the OFOV, shall, upon recommendation of the DFA-OVS, constitute in every Post, not later than sixty (60) days before the start ofthe voting period, an SBRCG, which shall be composed of three (3) members.

Additional SBRCG in Posts may be constituted where the registeredvoters are more than forty thousand (40,000).

ART. 2. Qualifications of members/substitutes of the SBRCG . – Noperson shall be appointed as chairperson or member of the SBRCG, unless saidperson:

a) Is of good moral character and irreproachable reputation;

b) Is a citizen of the Philippines residing abroad;



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c) Is from among the staff of the Posts;

d) Has never been convicted of any election offense or of any othercrime punishable by more than six (6) months of imprisonment, or

has no pending case filed against him for any election offense; and

e) Is able to speak and write English or Filipino.

In case there is not enough qualified staff of the Posts, citizens of thePhilippines who are qualified to vote under R.A. 9189, and of known probityand competence, may be appointed as members of the SBRCG, provided thatthe Chairperson shall be a staff of the Posts. The Head of Post shall issue theAppointment of the Chairperson/Poll Clerk/Members/Substitutes of theSBEI/SBRCG (OVF No. 5)

In case of temporary vacancy in the SBRCG, the provision under theseRules shall apply.

ART.3. Disqualification. –The members of the SBRCG or their spousesshall not be related within the fourth civil degree of consanguinity or affinityto any member of the same SBRCG or to any of the candidates for President,Vice-President and/or Senator.

ART.4. Notice of disqualification .– Any member of the SBRCG who isdisqualified for any of the above reasons shall, within five (5) days fromknowledge of such disqualification, notify the Head of the Post in writing, whoshall, in turn submit the name of the replacement to the Commission throughthe OFOV for appointment.

ART.5. Functions of the SBRCG . – The SBRCG shall perform thefollowing duties and functions:

1) Receive from the Commission, through the OFOV, all accountable andnon-accountable election forms, supplies and paraphernalia to beused in voting, counting and canvassing;

2) Verify, using the packing list, the quantity and serial numbers of allballots, election returns and canvassing forms, and other accountableforms, received in the presence of the Head of the Post or his/herauthorized representative, watchers of political parties andrepresentatives of the Filipino community, if available.

3) Notify the OFOV within twenty-four (24) hours after verification, ofthe receipt of accountable and non-accountable forms, conditionthereof and discrepancy, if any, the quantity and serial numbers ofthe accountable forms;

4) Store in a secured place all received forms and supplies; and



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5) Perform such other duties and functions as provided under theseRules, in countries where postal voting is allowed.

RULE 2SPECIAL BOARD OF ELECTION INSPECTORS (SBEI)

ART. 1. Special Board of Election Inspectors; constitution andappointment .–The Commission, through the OFOV, upon recommendation ofthe DFA-OVS, shall constitute in every Post, not later than sixty (60) daysbefore the start of the voting period, at least one (1) SBEI, which shall becomposed of three (3) members, in every country/Post for purposes of votingand/or counting

For purposes of manual voting, each SBEI shall handle not more thanfour thousand (4,000) voters. In excess of four thousand (4,000) voters,additional SBEIs may be constituted upon approval of the OFOV.

For purposes of automated elections, the Commission shall determinethe number of voters each SBEI for voting and counting will handle.

The SBEI shall be composed of a Chairperson and two (2) Members who

shall be public officers posted abroad and deputized by the Commission, oneof whom shall be designated as Poll Clerk and the other as Third Member.

The Head of Post shall issue the Appointment of the Chairperson/PollClerk/Members/Substitutes of the SBEI/SBRCG (OVF No. 5).

ART. 2. Qualifications of members of the SBEI . – No person shall beappointed as chairperson or member of the SBEI, whether regular orsubstitute, unless said person:

1) Is of good moral character and irreproachable reputation;

Has never been convicted of any election offense or of any othercrime punishable by more than six (6) months of imprisonment, orhas no pending case filed against him for any election offense; and

3) Is able to speak and write English or Pilipino.

The ambassador or consul-general, or any career public officer postedabroad designated by the Commission, as the case may be, shall act as thechairperson. In the absence of other government officers, the two (2) othermembers shall be citizens of the Philippines who are qualified to vote underR.A. 9189, and deputized by the Commission.

ART. 3. Disqualification . – No person shall serve as chairperson or



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member of the SBEI if he or his spouse is related within the fourth civil degreeof consanguinity or affinity to any member of the same SBEI or to any of thecandidates for President, Vice-President and/or Senator.

For this purpose, the OFOV shall furnish the Post, through the DFA-OVS,the list of presidential, vice-presidential and senatorial candidates at leastforty-five (45) days before the start of the voting period so that the memberof the SBEIs will be able to know whether they are qualified or not to accepttheir appointments.

ART.4. Notice of disqualification . – Any member of the SBEI who isdisqualified for any of the above reasons shall as soon as possible, notify thehead of the Post in writing, who shall in turn appoint a replacement from thepool of substitutes and immediately notify the OFOV of such appointment.

ART. 5. Temporary vacancies in the SBEI/SBRCG. – If at the time of themeeting of the SBEI/SBRCG, any member is absent or the office is still vacant,the members present shall call upon any substitute taken from the pool ofsubstitutes, to perform the duties of the absent member. If the substitutecannot be found, the Head of the Post shall appoint any available official oremployee of the Foreign Service Corps or non-partisan registered voter nototherwise disqualified to temporarily fill said vacancy until the absentmember appears or the vacancy is filled.

The fact of substitution shall be entered in the Minutes of PersonalVoting (OVF No. 11).

For this purpose, the Post shall constitute a pool of substitutes for theSBEI/SBRCG which will likewise be deputized by the Commission.

ART.6. Oath of members of the SBEI/SBRCG. – The members of theSBEI/SBRCG shall, before assuming their office, take an oath by accomplishing

the Oath of SBEI/SBRCG (OVF No. 5-A) before an officer authorized toadminister oaths. In the absence of such officer, the oath may be taken beforeany other member of the SBEI/SBRCG present or, in case no other member ispresent, before any overseas voter. The accomplished Oaths of SBEI/SBRCGshall be submitted to the SBRCG.

ART. 7. Powers and functions of the SBEI. – The SBEI shall have thefollowing powers and functions:

1) Conduct the voting and/or counting of votes in personal voting, andthe counting of votes in postal voting in countries where the samehas been authorized by the Commission;

2) Act as deputies of the Commission in the supervision and control ofthe election in the polling place where they are assigned;



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3) Maintain order within the polling place and its premises, to keepaccess thereto open and unobstructed, and to enforce obedience toits lawful orders. If any person refuses to obey its lawful order, orconducts himself in a disorderly manner in its presence or within its

hearing and thereby interrupts or disturbs its proceeding, the SBEImay call upon the security force of the Post, if any, or its deputizedpeace officer to take such person into custody until the adjournmentof the meeting, but such order shall not be executed as to prevent theperson from voting; and

4) Perform such other functions as may be prescribed by theCommission.

Art.8. Proceedings of the SBEI. – The meeting of the SBEI shall bepublic and held in the polling place designated by the Commission. The SBEIshall act through its Chairperson and shall decide, without delay, by a majorityvote, questions which may arise in the performance of its duties.

Art.9. Prohibition against political activity. – Members of theSBEI/SBRCG shall not engage in any partisan political activity nor take part inthe elections except to vote and discharge their duties such as renderingassistance in accordance with usual protocol courtesies normally extended tovisiting officials on official business.

Art.10. Supervision by Heads of Posts. –All foreign service personneland representatives of attached agencies duly deputized by the Commissionshall be under the direct supervision of the Heads of Posts insofar as the OneCountry Team Approach is concerned.

ART.11 . Prohibition against movement from official station . – Officers or members of the foreign service corps, including those belonging toattached agencies shall not be transferred, promoted, extended, recalled or

otherwise moved from their career posts or positions one (1) year before andthree (3) months after the day of elections, except upon prior approval of theCommission.

The Commission, through the OFOV, shall immediately act on allrequests for exemption from the above prohibition.

ART.12. Voting privilege of members of the SBEI/SBRCG. –Government employees posted abroad, who will perform election duties asmembers of the SBEI/SBRCG, shall be allowed to vote in their respective postsprovided they are registered as voters either in the Philippines or as overseasvoters.



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RULE 3WATCHERS DURING VOTING AND COUNTING OF VOTES

Art. 1. Watchers. – Every registered political party or coalition ofpolitical parties fielding candidates, accredited political parties, sectoralparty/organization or coalition thereof participating in the party-list systemof representation, every candidate, accredited citizens’ arms and accreditedOFW organizations shall be entitled to one (1) watcher at any given timeduring the voting and counting of votes.

For this purpose, registered political parties, coalition of political partiesand every candidate, associations or organizations participating in the party-list system of representation, accredited citizens’ arms and accredited OFWorganizations shall submit to the Posts, copy furnished the OFOV, its list ofwatchers per SBEI not later than five (5) days before the start of the votingperiod.

However, if there is no sufficient space for all watchers to beaccommodated, preference shall be given to the watchers of the dominantmajority and dominant minority parties as determined by the Commission,one (1) watcher for the accredited citizens’ arm, one (1) common watcher foraccredited OFW organizations, and one (1) common watcher for the

independent candidates.

Art. 2. Qualifications of watchers. – No person shall be appointedwatcher unless said person:

1) Is an overseas voter in the Post where he is assigned;

2) Is of good reputation;

3) Has not been convicted of any election offense or any crime;

4) Knows how to write and read English or Filipino; and

5) Is not related within the fourth civil degree of consanguinity oraffinity to the chairperson or to any member of the SBEI in the Postwhere said person seeks appointment as watcher.

Art. 3. Rights and duties of watchers. – Upon entering the pollingplace, the watchers shall present and deliver to the chairperson of the SBEItheir appointments and forthwith, their names shall be recorded in OVF No.11 with a notation under their signatures that they are not disqualified toserve as such. The appointments of the watchers shall bear the personal orfacsimile signature of the candidate or the duly authorized representative ofthe political party, organization or coalition of parties who appointed them orof organizations authorized by the Commission. For this purpose, registered



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political parties, organizations or coalitions authorized by the Commission,accredited citizens’ arms and OFW organizations, shall provide the OFOV withthe names and signatures of their representatives authorized to appointwatchers in each Post not later than Thirty (30) days before the start of the

voting period. The OFOV will furnish the DFA-OVS with the said names andsignatures, which shall be forwarded to the Post concerned.

The watchers shall have the right to:

1) Witness and inform themselves of the proceedings of the SBEI;

2) Take note of what they see or hear;

3) Take photograph of the proceedings and incidents, if any, during thecounting of votes, as well as of the election returns, tally board andballot boxes/receptacles;

4) File a protest against any irregularity or violation of law which theybelieve may have been committed by the SBEI or by any of itsmembers or by any person;

5) Obtain from the SBEI a certificate as to the filing of such protestand/or resolution thereon;

6) Read each ballot after it is read by the chairperson, as well as theelection returns after it is accomplished and signed by the membersof the SBEI without touching such documents; and

7) Be furnished, upon request, with a Certificate of Votes (OVF No.13)cast for the candidates, duly signed and thumb marked by thechairperson and all members of the SBEI.

Watchers shall not speak to any member of the SBEI, or to any voter, oramong themselves, in such a manner as would disturb the proceedings of theSBEI.

RULE 4CASTING AND SUBMISSION OF BALLOTS

ART. 1 . Modes of Voting . – The Commission, in consultation with thePosts, shall determine the modes of voting for each country or post whichshall be announced at least One hundred twenty (120) days before the start ofthe voting period.

In the determination of the Mode to be adopted, the following criteriashould be considered:



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i. Number of registered voters;ii. Accessibility of the Posts;

iii. Efficiency of the host country’s applied postal system;and

iv.

Such other circumstances that may affect the conduct ofvoting.

ART.2. Period for casting of votes .– Casting of votes shall be for aperiod of thirty (30) continuous calendar days beginning at 8:00 o’clock in themorning of the voting period, local time of the host country until 7:00 o’clockin the evening of election day, Philippine time inclusive of all establishedholidays in the Philippines and such other holidays in the host countries.

Except on the first day of the voting period, Philippine time, when allPosts are required to open at 8:00 o’clock in the morning , local time, the Postmay adopt a flexible schedule for the operation of the various SBEIs; providedit is continuous and it will not be less than eight (8) hours a day, taking intoaccount the availability of voters and the primary responsibilities andfunctions of the members of the SBEIs.

If at 7:00 o’clock in the evening of election day, there are still voterswho have not yet cast their votes within the thirty (30) meters in front of thepolling place, the voting shall continue to allow said voters to cast their votes

without interruption. The Poll Clerk shall, without delay, list the names of saidvoters. The voters listed shall be called to vote by the Poll Clerk by announcingeach name three (3) times in the order in which they are listed. Any voter whois not present when called shall not be permitted to vote at any later time.

ART. 3. Who are allowed to vote. – All overseas voters may vote forPresident, Vice-President, Senators and accredited party/organization orcoalition thereof participating under the party-list system of representation.

ART.4 . Manner of casting of votes. – All overseas voters shall cast theirvotes in accordance with the mode of voting authorized by the Commission inthe Post where they are registered.

ART. 6. Place of voting . – C asting of votes shall be done in thedesignated voting area within the premises of the Post that has jurisdictionover the country where the voter resides, or at any polling place designatedand accredited by the Commission.

RULE 5PERSONAL VOTING

ART. 1. Personal voting . – A mode of voting where the voterspersonally appear to cast their votes at the Posts or such other voting areasdesignated by the Commission.



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ART. 2. Prohibitions on personal voting . – The voter shall not:

1) Be accompanied by anybody in accomplishing his ballot, except in

the case of an illiterate or person with disability;

2) Speak with anyone while accomplishing his ballot;

3) Intentionally tear, deface, or erase any printing on the ballot or putthereon any distinguishing mark;

4) Use carbon paper, paraffin paper, camera, or other means for makinga copy of the ballot, or make use of any other means to identify hisvote;

5) Prepare the ballot without the use of a ballot secrecy folder, orexhibit its contents to any person; or

6) Bring the ballot outside the designated polling place.

ART. 3 . Rules to be observed during the voting. – During the voting,the SBEI shall ensure that:

1) No watcher enters the designated voting area for the voters and thearea designated for the SBEI, or to mingle and talk with the voters;

2) No voter exhibits the contents of his ballot to any person;

3) No ballot is brought outside the designated polling place;

4) No person enters the designated voting area in premises of the Postscarrying any firearm or any deadly weapon, except those expressly

authorized by the Commission;

5) The voters cast their ballots in the order of their arrival in the pollingplace; and

6) There is no crowding of voters and disorderly behavior inside thedesignated polling place.

ART. 4. Minutes of personal voting. – The SBEI shall accomplish in two(2) copies the Minutes of Personal Voting (OVF No. 11) and record the act ordata required therein as they occur or become available during the voting.Copies of the OVF No. 11 shall be sealed in separate envelopes to bedistributed as follows:

a. First copy to the Commission; and



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b. Second copy to be deposited inside the ballot box.

ART. 5. Preparation of ballots for voters who are illiterate or withdisability. –

1) No voter shall be allowed to vote as illiterate or with disability unlesssuch fact is so indicated in the OVF No. 2-A or such condition ofdisability is apparent;

2) A voter who is illiterate or physically unable to prepare the ballot byhimself may be assisted in the preparation of his ballot by a relativewithin the fourth civil degree of consanguinity or affinity, or by anyperson of his confidence who belongs to the same household, or byany member of the SBEI;

3) No person shall assist an illiterate or physically disabled voter morethan three (3) times except the members of the SBEI.

4) The assistor shall accomplish the ballot for the illiterate or physicallydisabled voter using a ballot secrecy folder/voting booth in thepresence of the latter; and

5) The assistor shall bind himself in writing and under oath toaccomplish the ballot strictly in accordance with the instructions ofthe voter and not to reveal the contents of the ballot.

ART. 5. Challenge of illegal voters. – Any voter or watcher maychallenge a voter for:

1) Not being a registered overseas voter;

2) Using the name of another; or

3) Suffering from an existing disqualification.

In such a case, the SBEI shall satisfy itself as to whether or not the groundfor the challenge is true by requiring proof of registration, identity orqualification.

ART. 6. Challenge based on certain illegal acts. – Any voter orwatcher may challenge any voter on the ground that:

1) The challenged person has received or expects to receive money oranything of value as consideration for his vote, has paid, offered orpromised to pay, has contributed, offered or promised to contributemoney or anything of value as consideration for the vote of another;



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2) The challenged person has made or received a promise to influencethe giving or withholding of any such vote; or

3) The challenged person has made a bet or is interested directly or

indirectly in a bet, which depends upon the results of the election.

The challenged person shall take an oath before the SBEI that he has notcommitted any of the acts alleged in the challenge and accomplish the Oath ofVoter Challenged for Illegal Acts (OVF No. 39). Upon taking such oath, thechallenge shall be dismissed and the voter shall be allowed to vote. In case thevoter refuses to take such oath, the challenge shall be sustained and the votershall not be allowed to vote.

ART. 7. Record of challenges and oaths. – The Third Member of theSBEI shall record in OVF No. 11 all challenges and oaths taken in connectiontherewith and the decision of the SBEI in each case.

ART. 8. Prohibition on premature announcement of voting . – Nomember of the SBEI shall, before the termination of the voting, make anyannouncement as to whether a certain registered voter has already voted ornot, as to how many have already voted or how many so far have failed tovote, or any other fact tending to show or showing the state of the polls, norshall he make any statement at any time, except as witness before a court or

body as to how any person voted.

ART. 9. Duties of the SBRCG. – A. Before the start of the voting period:

1) Divide the CLOV and OVF No. 2-A equitably among the SBEIs andissue the same to each SBEI;

2) Allocate to each SBEI the official ballots and other forms and

supplies based on the rate of distribution indicated in theCertificate of Receipt of Forms and Supplies for Voting by the SBEI(OVF No. 14) and accomplish the blank columns thereof;

3) Assign a corresponding identification number for each SBEI, ifthere are more than one (1) SBEI in the Post;

4) Place inside the Ballot Receptacle to be assigned to the SBEI theforms and supplies listed in OVF No. 14; and

5) Issue the Ballot Receptacle and assign accomplished OVF No. 14 tothe SBEI.

B. Before the start of each voting day:

1) Issue to the SBEI its Ballot Receptacle and an unassembled ballot



47

box, if needed; and

2) Require the SBEI to acknowledge receipt of the Ballot Receptacleand the ballot box using a logbook maintained for the purpose.

ART. 10. Duties of the SBEI . – A. Before the start of the voting period:

1) Obtain from the SBRCG the Ballot Receptacle and accomplished OVFNo. 14;

2) Remove all the contents of the Ballot Receptacle to ascertain if theactual quantity of ballots received is equal to the number of votersassigned to it based on the CLOV;

a) If more than the number of voters, return the excess ballots to theSBRCG;

b) If less, obtain from the SBRCG additional ballots;

3) Examine the quantity and serial numbers of official ballots and otheraccountable forms and supplies to determine if they are the same asthose recorded in the accomplished OVF No. 14;

a) If the same, sign the Acknowledgment Receipt on OVF No.14;

b) If not, refer the matter to the SBRCG who shall report to the OFOV;

4) Accomplish OVF No. 11;

5) Return all forms and supplies issued inside the Ballot Receptacle;

6) Seal the lid/flap of the Ballot Receptacle with a masking tape and

affix their signatures thereon;

7) Deliver the sealed Ballot Receptacle to the SBRCG for safekeeping;

8) Submit one copy of OVF No. 14 to the SBRCG and retain the other forfiling;

9) Require the SBRCG to acknowledge receipt of the Ballot Receptacleby accomplishing the logbook maintained for the purpose;

10) Position the CLOV in a conspicuous place within the premises ofthe polling place; and

11) Provide Ballot Secrecy Folders/Voting Booth inside the votingarea.



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B. Before the start of each voting day in the presence of the SBRCG.

1) Indicate in OVF No. 11 the serial number of the ballot box issued bythe SBRCG;

2) Break the seal of the Ballot Receptacle;

3) Open the Ballot Receptacle;

4) Retrieve, determine and segregate the number of pads of ballots, andother forms and supplies to be used for the day. The pads of ballotsshall be placed in the Envelope for Official Ballots, Counted OfficialBallots, Excess Ballots, Spoiled Ballots, Torn Half of Unused Ballots,Other Half of Unused Ballots and Invalid Ballots (OVF No. 16) andsealed with a paper seal. Thereafter, return the remaining ballots,forms and supplies inside the Ballot Receptacle;

5) Seal the lid/flap of the Ballot Receptacle again with a masking tapeand affix signatures thereon;

6) Deposit the Ballot Receptacle with SBRCG for safekeeping;

7) Require the SBRCG to acknowledge receipt of the Ballot Receptacle

using the logbook maintained for the purpose; and

8) Proceed to the polling place.

C. Before the start of voting proper

1) Record the names of the watchers present, date and time of arrival,and the party or candidate they represent on OVF No. 11 and require

them to affix their signatures thereon;

2) Show to the public and watchers of political parties and candidates,that the seal of the envelope containing the official ballots is intact;

3) Assemble the ballot box;

4) Exhibit the ballot box to show that it is empty;

5) Affix the OVF No. 43 on all side openings of the ballot box in such away that no ballot may be removed from or placed inside the ballotbox without breaking the seal. The ballot box shall remain sealeduntil the start of counting;

6) Indicate on the ballot box the SBEI number assigned by the SBRCG;and



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7) Accomplish OVF No. 11.

In succeeding days, before the start of voting, show to the public that the

OVF No. 42 of the ballot box is intact.

ART. 11. Manner of obtaining ballots. –

1) The voter approaches the Poll Clerk and gives his name andaddress together with other data concerning his person.

2) The Poll Clerk shall verify from the OVF No. 2-A if the voter’s nameis included therein.

a) If the voter’s name is included, the Poll Clerk shall ascertainthe identity through the photo printed in OVF No. 2-A. In theabsence of the voter’s photo, the voter’s valid passport or anyidentification card bearing the voter’s photograph andsignature shall be required.

In the absence of any identification documents, any memberof the SBEI may identify the voter by accomplishing the Oathof an SBEI Member Identifying a Voter (OVF No. 40). Such fact

shall be entered in Part V of the OVF No.11 and theaccomplished OVF No. 40-B shall be attached thereto.

If the voter’s identity still cannot be ascertained by any of theforegoing means, the person shall not be allowed to vote andwill be asked to leave the polling place.

b) If the identity of the voter has been ascertained or has not beenchallenged or having been challenged the question has been

decided in favor of the voter, the Chairperson shall issue theofficial ballot to the voter .

c) Enter in the OVF No. 2-A, opposite the name of the voter, theserial number of the ballot as announced by the Chairperson.

3) Before issuing the official ballot, the Chairperson shall:

a) Announce the serial number of the ballot;

b) Authenticate the ballot by signing at the back of the ballot;

Failure to authenticate the ballot shall not invalidatethe ballot but the Chairperson shall be liable for anelection offense;



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c) Require the voter to sign OVF No. 2-A; and

d) Fold the ballot in such a manner that only the portion wherethe serial number of the ballot appears, and give the ballot

to the voter.

Only the Chairperson shall issue the official ballots, and notmore than one (1) ballot shall be issued at one time.

ART. 12. Manner of voting. – Voting shall be conducted in the followingmanner:

1) The voter shall, using a ballot secrecy folder, fill the ballot by writingthe names of the candidates and the name, acronym or raffle numberof the party list of choice;

2) After accomplishing the ballot, the voter shall fold it in the samemanner as received;

3) The voter returns the ballot to the Poll Clerk;

4) The Poll Clerk, without seeing the contents of the ballot and withinthe view of the voter and the Chairperson, verifies the serial number

of the ballot coupon against the number previously entered in OVFNo. 2-A;

5) If the serial number of the ballot coupon is the same as thatpreviously issued, the voter ’s right thumb print shall be affixed in thecorresponding space in the ballot coupon and in OVF No. 2-A;

6) The Third Member detaches the ballot coupon, deposits it in theballot box compartment for spoiled ballots, and returns the ballot to

the voter;

7) The voter deposits the ballot inside the ballot box compartment forvalid ballots; and

8) The voter then leaves.

If during the voting, the contents of the ballot box reach four hundred(400) ballots, the SBEI shall:

a) Seal the ballot box slits using the security seal (OVF No. 42);

b) Indicate on top of the ballot box the number of ballots containedinside;

c) Submit the ballot box to the SBRCG;



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d) Request additional ballot box from the SBRCG; and

e) Accomplish OVF No. 11.

ART. 13 . Spoiled ballots .– A ballot shall be considered spoiled in thefollowing instances:

1) The serial number of the ballot coupon is not the same aspreviously issued to the voter; or

2) The ballot coupon has been detached not in the presence of anymember of SBEI; or

3) The ballot is accidentally defaced by the voter such that it can nolonger be possibly used.

ART. 14 . Procedures for spoiled ballots . – The Chairperson shall:

1) Without unfolding the ballot, write the word “SPOILED” at the backof the ballot;

2) Affix signature below the word “SPOILED”;

3) Deposit the spoiled ballot inside the ballot box compartment forspoiled ballots;

4) Indicate the word “SPOILED” in the OVF No. 2 -A opposite the nameof the voter;

5) Record the serial number of spoiled ballot in OVF No.11;and

6)

Issue another authenticated ballot to the voter only when the ballotwas accidentally defaced by the voter, after announcing the serialnumber of the second ballot and recording the same in any portionwithin the space provided for the voter’s name and ballot serialnumber in OVF No. 2-A. However, in no case shall the replacementof the ballot be made more than once.

ART.15. Post voting procedures. – A. At the end of every voting day,

I. The SBEI shall:

1) Seal the ballot box slits using OVF No. 42;

2) Accomplish OVF No. 11;

3) Place the unused ballots inside the envelope for official ballots;



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4) Secure from the SBRCG the Ballot Receptacle assigned to it;

5) Remove the seal of the Ballot Receptacle and depositinsidethe said

Receptacle the OVF No. 11, the envelope containing the unusedballots and other forms and supplies;

6) Seal the lid/flap of the Ballot Receptacle again with a masking tapeand affix their signatures thereon;

7) Submit to the SBRCG for safekeeping, the Ballot Receptacle, sealedballot box containing the accomplished and spoiled ballots, if any,and OVF No. 2-A; and

8) Require the SBRCG to acknowledge receipt of the Ballot Receptacleusing the logbook maintained for the purpose.

II. The SBRCG shall:

1) Ensure that the ballot box slits and the Ballot Receptacle areproperly sealed; and

2) Keep the Ballot Receptacle and the ballot box containing the

accomplished ballots in a secured place for issuance the next day.

III. After voting on the last day of the voting period, the SBEIChairperson shall:

1) Seal the ballot box slits using OVF No. 42;

2) Indicate on top of the ballot box the number of ballots containedtherein;

3) Obtain from the SBRCG the Ballot Receptacle;

4) Retrieve from the Ballot Receptacle all remaining unused ballotsand accomplish OVF No. 11;

5) Tear the unused ballots in half lengthwise in the presence of theother members of SBEI and watchers, if any, and accomplish OVFNo. 11;

6) Place one half of the torn ballots inside OVF No. 16 and the otherhalf in another OVF No. 16;

7) Seal both envelopes with paper seals. These shall remain sealedunless the Commission orders otherwise;



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8) Require the Third Member to accomplish OVF No. 11 and place thesame in corresponding envelopes. Seal the envelope containing theOVF No. 11 copy for the ballot box. The OVF No. 11 (copy for theCommission) shall not be sealed.

9) Submit, together with the other members of the SBEI, the followingto the SBRCG:

a) Sealed ballot box with accomplished ballots;

b) CLOV;

c) OVF No. 2-A;

d) OVF No. 11 (Copy for the Commission);

e) Ballot Receptacle containing the following:

i. OVF No. 16;ii. OVF No. 11 (Copy for the Ballot Box); and

iii. Other election forms, supplies and paraphernalia.

RULE 6POSTAL VOTING

ART.1. Postal voting. – A mode of voting where mailing packets,containing the official ballots and other election paraphernalia, are sentdirectly to the voters or directly to the post from COMELEC.

For mailing packets sent directly to the voter, the voter may either mailor personally deliver the accomplished ballots to the Post.

For mailing packets sent directly to the post, the voter may pick-up thepacket from the post or the SBRCG may mail the packet to the voter. The votermay either mail or personally deliver the accomplished ballot to the Post.

ART. 2. Contents of the mailing packet. – The mailing packet shallcontain the following:

1. Official Ballot (OVF No. 6);

2. Certified List of Candidates;

3. Instructions to Voters;

4. Official Ballot Envelope (OVF No. 45); and



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5. Paper Seals (OVF No. 12).

ART. 3. Preliminaries to postal voting. –

1.

The OFOV shall send, not later than 45 days before the start of thevoting period, the following:

a) The mailing packets,eitherdirectly to the voters or to thePosts, through the SBRCG;

b) Softcopy of the mailing lists where the serial numbers of theballots, paper seal andofficial ballot envelope assigned to theindividual voter are reflected;

c) OVF No. 2-A; and

d) Scanned copy of the application form of the voter concernedwhere his signature appears, in the absence of the signatureof said voter in OVF No. 2-A.

ART.4. Procedures for sending mailing packets to the voters by thePost – Upon receipt of the mailing packets, the SBRCG shall:

1) Make an inventory of all the mailing packets;

2) Verify the addresses of the voters to ensure that the format of theaddress is correct. If the format of the address is incorrect, theSBRCG shall revise the format to conform with the prevailingaddressing system in the post;

3) Post in conspicuous places in the embassy/consulate and in thewebsite of the Post, the names of voters, with instructions as to

when, where and how they can claim their ballots; and

4) Inform the voters that their ballots are available for pick-up ormail the ballots directly to the voters.

ART.5. Procedures for postal voting. – The voters shall:

1) Accomplish personally the ballot by writing the names of thecandidates and the name or acronym or raffle number of theparty-list group participating in the party-list system ofrepresentation, of their choice;

2) Affix their right thumb marks on the ballot coupon which islocated on the lower portion of the official ballot;

3) Detach the ballot coupon and place it inside the Ballot Envelope;



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4) Fold the official ballot in such a way that its contents will not beseen and seal it with a paper seal;

5)

Place the accomplished ballot inside the Ballot Envelope and sealthe same;

6) Write their names and affix their signatures on the upper left-hand corner of the Ballot Envelope;

Failure to affix their signatures shall invalidate the ballot.

7) Return the sealed Ballot Envelope personally or by mail to thePost on or before the day of election. If mailed or deliveredpersonally, it should be received by the Post on or before the endof voting hours on the day of election.

ART.6. Reception and verification of the ballot envelopes. – TheSBRCG shall:

A. Reception procedures

1) Assign a receptacle each for valid ballots, invalid ballots and

questionable ballots;

2) Receive and stamp on the face of the Ballot Envelope and oppositethe name of the voter in the OVF No. 2-A, the date and time ofreceipt, as it is received:

a) If the Ballot Envelope is received at any time before electionday, proceed to the verification procedures.

b)

If the Envelope is received on election day but:

i. Before the close of voting hours, proceed to theverification process; or

ii. After the close of voting hours, place the Ballot Envelopeinside the receptacle fo r “Invalid Ballots”.

B. Verification procedures

1) Ballot Envelope

Verify if the Ballot Envelope is the official envelope provided by theOFOV. If not, place it in the receptacle for “Invalid Ballots”. If it isthe official envelope, verify the signature appearing thereon.



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2) Signature. Compare the signature of the voter on the ballotenvelope with that appearing on the OVF No. 2-A or on scannedapplication form.

a)

If the signature is not identical, write “not identical” on theBallot Envelope and place the same inside the receptacle for“Questionable Ballots”;

b) If the signature is identical, open the Ballot Envelope todetermine whether it contains the ballot coupon and theofficial ballot.

c) If there is no signature, place the Ballot Envelope inside thereceptacle for “Invalid Ballots”;

3) Ballot Coupon

a) If the ballot coupon is inside the Ballot Envelope, verify if itsserial number is the same as that indicated in the OVF No. 2-A.If the same, return the ballot coupon inside the Ballot Envelopeand place the same in the receptacle for “Valid Ballots”. If not,write “not the same serial number” on the Ballot Envelope,return the ballot coupon inside said envelope, and place the

same in the receptacle for “Invalid Ballots”.

b) If the ballot coupon is not inside the Ballot Envelope, write“ballot coupon is not inside the ballot envelope”, and place itinside the receptacle for “Questionable Ballots”.

c) If there is no ballot coupon, write “no ballot coupon” on ballotenvelope and place it inside the receptacle for “Invalid Ballots”.

4)

Close and seal each receptacle at the end of each voting day;

5) On a daily basis during the entire voting period, keep a daily recordof the number of Ballot Envelopes received and deposited in eachreceptacle;

6) Once the number of ballot envelope in each receptacle for valid andquestionable ballots reaches two hundred (200), close and seal thereceptacle and indicate the number for issuance to the SBEI forcounting.

7) After the close of voting hours on election day,

a) Place a line across the boxes intended for the date and time ofreceipt of Ballot Envelopes in OVF No. 2-A;



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b) Affix their signatures at the bottom of each page of the OVF No.2-A;

c) Request watchers, if available, to affix their signatures thereon;

ART.7. Invalid ballots . – The following constitute invalid ballots andshall not be included in the counting:

1) Those not contained in the Ballot Envelopes provided by theCommission;

2) Those contained in the Ballot Envelopes but received after theclose of voting hours on election day;

3) Those contained in the Ballot Envelopes, but the envelopes do notbear the signatures of the voters; or

4) Those contained in the Ballot Envelopes where the serial numbersof the ballot coupons are different from the assigned numbers asindicated in OVF No. 2-A.

ART. 8. Questionable ballots. – The following constitute aquestionableballots and shall be subject to verification before counting:

1. If the signature in the Ballot Envelope is not identical

2. Those contained in the Ballot Envelopes, but the envelopes do notbear the signatures of the voters;

ART.9. Returned mails. –refer to mail packets sent to but not receivedby the voters and which were forwarded to the Posts where the voters are

registered.

ART. 10. Procedures for returned mails. – The SBRCG shall:

1) Prepare, upon receipt of the returned mails, a list of names of thevoters whose mailed ballots have been returned to the Posts. Atthe end of every voting day, inform the OFOV, through the DFA-OVS, of the names of voters whose mail packets were forwardedto the Post.

2) Post in conspicuous places in the embassy/consulate and in thewebsite of the Post the list with the instructions as to when,where and how the voters can claim their returned mailed ballots.

3) Exert efforts to communicate with/locate the voters concernedand if possible, forward the ballots to them.



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4) Take into custody and keep an inventory of the returned mailsthat were not forwarded to the voters.

5) All returned mails received after the voting the period or returnedmails not forwarded to the voters shall be shipped to the OFOV bythe least costly method within six (6) months from the day ofelections. The ballots contained in the returned mails are deemedcancelled;

6) Submit to the OFOV a report prescribed by the Commission, notlater than thirty (30) days from the day of elections.

RULE 7VOTING BY SEAFARERS

ART.1. Voting by seafarers . – is a mode of voting by which ship officersand ratings manning ships, including offshore workers, service providers andfishermen, who are registered overseas voters, may cast their ballots duringthe voting period.

ART. 2. Procedures . – The following voting procedures for seafarersshall be observed:

1) During the voting period, seafarers may vote at any Postadoptingpersonal voting or, in case of postal voting, in any Post withinternational seaports as identified and recommended by the DFA-OVS;

2) In Posts adopting personal voting, seafarers voting shall beconducted by one of the SBEIs handling the voting for land-basedvoters. For this purpose, said SBEI shall manage two (2) OVF No. 2,

one (1) for land-based voters and another for seafarers;

3) In Posts adopting postal voting, ballots for seafarers shall bedistributed proportionately among Posts with identifiedinternational seaports. These ballots shall be in the custody of theSBRCG of the Post for the entire voting period. The seafarer shall:

a) Personally claim a mailing packet at the Post;

b)

Accomplish the official ballot contained in a mailing packet;and

c) Submit the accomplished ballot to the SBRCG which shallthen dispose the ballot in accordance with the procedureson postal voting.



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4) OFOV shall give each Post conducting personal voting, and thoseconducting postal voting with identified international seaports,copies of the CLOV and OVF No. 2-A for seafarers.

5) For purposes of monitoring and recording:

The Post shall, as the case may be, at the end of each voting day:

a) Prepare a list of the names of the seafarers who cast theirvotes; and

b) E-mail the list to OFOV on the same day.

6) The OFOV shall, on a daily basis:

a) Update its file on seafarers who already voted; and,

b) E-mail the updates to all Posts.

7) The Posts upon receipt of the updates from the OFOV, shall indicateopposite the names of the seafarers in the OVF No. 2-A, the date andplace where they voted.

RULE 8FIELD VOTING

ART.1 . Field Voting. – refers to the conduct of voting for a limitedperiod of time outside the Post in places where field registrations wereconducted abroad or in such areas overseas as may be authorized by theCommission.

ART. 2 . Guidelines . – The following guidelines are hereunder providedin the conduct of field voting:

a. The host government allows such field voting;

b. The conduct of field voting will not compromise the security,integrity and sanctity of the voting process;

c. It will impact upon a significant number of registered overseasvoters;

d. Information on the different schedules of field voting shall bewidely disseminated by the Post;

e. Voting at the premises of the embassy/consulate will have to becontinuing, notwithstanding the field voting that the Post may



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schedule;

f. The Post, must submit a written request to the OFOV and mustindicate the date, number of estimated overseas voters who will

vote during the field voting and the costs. Such request shall besubject to the approval of the Commission, through the OFOV,provided, such request shall be favourably recommended by theDFA-OVS, and provided further, that the conduct thereof shall bewith least expense on the part of the Commission or DFA-OVS;

g. The SBEI/SBRCG for field voting shall be taken from the regularSBEIs/SBRCGs earlier deputized by the Commission, through theOFOV Chairperson.

In cases where the Post has only one (1) set of SBEI/SBRCG, itmay recommend to the Commission to deputize additionalSBEI/SBRCG that will conduct the field voting. There shall be noadditional honoraria for the members of the SBEI/SBRCG, if theyare taken from the regular SBEI/SBRCG;

h. The SBEIs/SBRCGs must bring copies of OVF No. 2 and OVF No.2-A (template); and

i. The pertinent provisions on personal or postal voting, as the casemay be, shall be observed.

RULE 9PROVISIONS ON COUNTING

ART.1. Counting site. –The counting of votes shall be conducted on sitein the country where the votes were actually cast within the premises of the

Posts, or in such other places as may be designated by the Commission.

ART.2. Determination of number of SBEIs to conduct the counting ofvotes. – Based on the total number of voters who actually voted, the Heads ofPosts or their duly authorized representatives shall determine the number ofSBEIs which will conduct the counting of votes at the rate of, as far aspracticable, one (1) SBEI for every four hundred (400) ballots.

For personal voting, the SBEIs for voting shall also act as SBEIs forcounting.

The Post shall, if necessary, activate additional SBEIs for counting notlater than one day before the last day of voting period. The post shallimmediately submit to the Commission, through the OFOV, the names of themembers of the additional SBEIs and their designations, for issuance ofappointments and grant of honoraria.



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2) Record in OVF No.11-A the physical condition of the ballot box;

3) Proceed to the counting area and open the ballot box;

4) Take out from the ballot box the accomplished ballots;

5) Count the ballots and compare the total number with the numberindicated outside of the ballot box;

If the number of ballots exceeds the total number indicated outside ofthe ballot box, return all the ballots into the ballot box and thoroughlymix the same. The Poll Clerk, with his back to the ballot box, shallpublicly draw out as many ballots equal to the excess, place them in theOVF No. 16 and note such fact on OVF No.11-A.

If the number of ballots is less than the total number indicated outsidethe ballot box, note such fact in OVF No.11-A.

6) Take out the spoiled ballots if any, and the ballot coupons found insideballot box compartment for valid ballots and place them inside OVF No.16, and note such facts in OVF No.11-A;

7) Examine the ballots, whether there are:

Ballots with undetached ballot coupons. The ballot coupons shall beremoved and placed inside OVF No. 16. The number of ballots withundetached coupons should be indicated in OVF No. 11-A. The ballotsshall be included in the pile of valid ballots.

8) Unfold the ballots face down, and form separate piles of one hundred(100) ballots each, held together by rubber bands and proceed to count

the ballots in the manner prescribed in these Rules.

ART.2. For postal voting . –

A. In the presence of representatives/watchers of political parties andFilipino communities, if any, the SBRCG shall:

1) Allocate in accordance with the rate of distribution indicated in OVF No.14-A, the accountable forms and supplies to be used by each SBEI incounting.

2) Record using OVF No. 14-A the quantity and serial numbers ofaccountable forms and supplies to be issued to the SBEI.

3) Assign precinct number to each SBEI.



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4) Open the receptacles for “Valid Ballots” and “Questionable Ballots” toretrieve the ballot envelopes.

5) Allocate the ballot envelopes containing “Valid Ballots” and

“Questionable Ballots” equitably among the SBEIs.6) Place the ballot envelopes in separate ballot boxes, one for “Valid

Ballots” and another for “Questionable Ballots”.

7) Indicate on each ballot box, the number of ballots it contains.

8) Issue to the SBEI:

8.1) Ballot boxes containing “Valid Ballots” and “Questionable BallotEnvelopes”;

8.2) OVF No.2-A; and,

8.3) All forms and supplies indicated in OVF No. 14-A.

B. The SBEI, upon receipt of the ballot boxes, shall:

1) Proceed to the room where counting will be conducted;

2) Open first the ballot box containing the “Questionable Ballots”;

3) Take out all the envelopes and segregate them according to the type of“Questionable Ballots” as indicated by the SBRCG;

4) Count the envelopes and compare the total number with the numberindicated outside of the ballot box.

If the number of envelopes exceeds the total number indicated outside

of the ballot box, return all the envelopes containing the ballots into theballot box and thoroughly mix them. The Poll Clerk, without lookinginside the ballot box, shall publicly draw out as many envelopes equal tothe excess, place them in the Envelope for Excess Ballots, and note thenumber of excess envelopes and the action taken in the OVF No.11-A.

If the number of envelopes is less than the total number indicatedoutside the ballot box, record the number of lacking envelopes in theOVF No.11-A.

5) Proceed to the Verification Process for Questionable Ballots;

A. Verification of the signature of the voter:

Determine whether the signature on the ballot envelope is in factnot identical with the signature on OVF No. 2-A or scanned copy of the



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Application Form of the concerned voter, as the case may be. If thesignature is found to be not identical , the word “Invalid” shall beindicated on the face of the ballot envelope. Place the ballot envelopemarked “Invalid” inside OVF No. 16.

However, if the signature is identical, verify the ballot coupon.

B. Verification of the ballot coupon:

Open the accomplished ballot to determine whether the ballotcoupon is still attached. In case the ballot coupon is still attached to theballot, remove the ballot coupon, and follow the procedure in verifyingits serial number.

If the ballot coupon is not attached to the ballot, write the word“spoiled” diagonally across the face of the ballot. Return the ballot in itsenvelope and place it inside OVF No. 16.

Spoiled ballots will not be counted.

C. Verification of serial number:

If the serial number of the ballot coupon is the same as that

indicated in OVF No. 2-A, the ballot shall be included in the pile of validballots.

Where the serial number of the ballot coupon attached to theballot is different from the assigned serial number as indicated in OVFNo. 2- A write the word “INVALID” diagonally across the face of theballot and returns the same inside the Envelope which shall in turn beplaced inside OVF No. 16.

OVF No. 16 shall be sealed and signed by the members of the SBEI, forsubmission to the SBRCG after the counting.

5) After the verification process, open the ballot box containing the validballots inside the envelopes;

6) Retrieve the ballot envelopes from the ballot box.

7) Count the ballot envelopes and compare the total number with thenumber indicated outside of the ballot box;

If the number of ballot envelopes exceeds the total number indicatedoutside of the ballot box, return all the envelopes in the ballot box andthoroughly mix them. The Poll Clerk, without looking inside the ballotbox, shall publicly draw out as many envelopes equal to the excess,placethem in the Envelope for Excess Ballots, and note the number of excess



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envelopes and the action taken in the OVF No.11-A.

a) Open the Envelopes and take out the official ballots;

b) Unfold the ballots face down and form separate piles of onehundred (100) ballots each; and

c) Proceed with the counting of ballots.

RULE 11PROCEDURE FOR COUNTING

ART.1. Manner of counting . – The SBEI shall:

1) Clear the tables to be used for counting of all unnecessary writingparaphernalia;

2) The Chairperson, the Poll Clerk and the Third Member shall positionthemselves in such a way as to give the watchers and the public anunimpeded view of the ballot being read by the Chairperson, as wellas of the Overseas Voting Election Returns (OVF No. 9) and Tally

Board (OVF No. 10) being simultaneously accomplished by the PollClerk and the Third Member, respectively. The watchers and thepublic shall not touch any of the election documents;

3) The Chairperson shall take the ballots from the first pile one by oneand read the names of the candidates voted for and the offices forwhich they are voted as well as the name/acronym/raffle number ofthe party, organization or coalition voted for under the party-listsystem of representation, in the order in which they were written on

the ballot;

4) The Poll Clerk and the Third Member shall record by a vertical line inthe election returns and in the tally board, every vote obtained byeach candidate and party, organization or coalition participatingunder the party-list system of representation, as it is read.

Every fifth vote shall be recorded by a diagonal line crossing theprevious four vertical lines.

The SBEI shall ensure that the entries on the first copy of the electionreturns are clearly impressed on the other copies.

5) After finishing the first pile of ballots, add and record the sum ofvotes obtained by each candidate and the party, organization orcoalition participating under the party-list system of representation,



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immediately after the last tara on the election returns and on thetally board. In case of discrepancy in the total between the electionreturns and the tally board, a recount shall be made. The ballots shallagain be grouped together as before;

6) The same procedure shall be followed with the succeeding piles ofballots.

7) After all the ballots have been counted:

7.1) The members shall affix their initials, and imprint their thumbmarksafter the last vote recorded or immediately after the name of thecandidates or party, sectoral organization or coalition participatingin the party-list system of representation who did not receive anyvotes. The thumb marks shall be imprinted only on the first copy ofthe election returns;

7.2) Add all the sub-totals; and

7.3) Record, in words and in figures, the total number of votes obtainedby each candidate and by each party, organization or coalition,participating under the party-list system, both in the election returnsand the tally board.

8) The members shall accomplish the certification portion of theelection returns and tally board.

9) The watchers, if any, shall affix their signatures on every page of theelection returns and the imprint of their right thumbmarks.

10) The Chairperson shall publicly announce the total number of votesreceived by each candidate for Senator and party, sectoral

organization or coalition participating in the party-list system ofrepresentation.

11) The Poll Clerk shall then immediately announce the posting of thesecond copy of the said election returns on a wall with sufficientlighting within the premises of the polling place and proceed to postthe same in the presence of the other members of the board, thewatchers and those present in the polling center.

The copy of the election returns posted on the wall shall be open forpublic viewing at any time of the day for forty-eight (48) hoursfollowing its posting. Any person may view or capture an image ofthe election returns by means of any data capturing device such as,but not limited to cameras, at any time of the day for forty-eight (48)hours following its posting.



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After the prescribed period for posting, the Chairperson of the SBEIshall collect the posted election returns and take custody of the sameto be produced for image or data capturing as may be requested byany voter or for any lawful purpose as may be ordered by competent

authority.

12) The SBEI shall fold each copy of the election returns, seal with aserially numbered paper seal, and place in its correspondingenvelope.

13) The counted ballots shall be placed inside OVF No. 16 which shall beclosed, signed, and sealed. The tally board, as accomplished andcertified by the SBEI, shall be placed inside the ballot box/receptacletogether with the envelope containing the counted ballots beforesubmission to the SBRCG.

14) Distribute the envelopes containing the election returns as providedin these Rules

ART. 2. Preparation of overseas voting election returns and tallyboard. –

1) The SBEIs shall prepare in their own handwriting the election

returns and the tally board simultaneously with the counting of thevotes in their respective counting areas. The election returns shall beprepared in seven (7) copies.

2) The Chairperson shall strictly ensure that all the following data areentered in the election returns:

a) Name of country/ies where the embassy, consulate orforeign service establishment have consular jurisdiction;

and

b) Total number of:

i. Ballots received;ii. Ballots found in the ballot box; and

iii. Spoiled ballots.

ART. 3. Alteration and correction in the election returns . – Before theannouncement of the results of the election, the SBEI may, on its own, makeany correction or alteration in the election returns, provided, that all themembers thereof duly initial the corrections or alterations.

After announcement of the results of the election in the polling place,the SBEI shall not make any alteration or amendment in any of the copies ofthe election returns.



69

e) When on the ballot is written a single word which is the first name ofa candidate and which is at the same time the surname of his/heropponent, the vote shall be counted in favor of the latter.

f) When two words are written on the ballot, one of which is the firstname of a candidate and the other is the surname of his/heropponent, the vote shall not be counted for either.

g) A name or surname incorrectly written which, when read, has asound similar to the name or surname of a candidate when correctlywritten shall be counted in his/her favor.

A name incorrectly written which, when read, has a sound similar tothe name of a party-list participant, when correctly written shall becounted in its favor.

h) When a name of a candidate appears in a space of the ballot for anoffice for which he is a candidate and in another space for which he isnot a candidate, it shall be counted in his/her favor for the office forwhich he is a candidate and the vote for the office for which he is nota candidate shall be considered as stray, except when it is used as ameans to identify the voter, in which case, the whole ballot shall be

void.

When the name of a party appears in a space of the ballot for anoffice other than for the party list, it shall be considered stray but itshall not invalidate the whole ballot except when it is used as ameans to identify the voter, in which case, the whole ballot shall bevoid.

If the word or words written on the appropriate blank on the ballot is

the identical name or surname or full name, as the case may be, oftwo or more candidates for the same office none of whom is anincumbent, the vote shall be counted in favor of that candidate towhose ticket belong all the other candidates voted for in the sameballot for the same constituency.

i) When in a space in the ballot there appears a name of a candidate orparty that is erased and another clearly written, the vote is valid forthe latter.

j) The erroneous initial of the first name which accompanies thecorrect surname of a candidate, the erroneous initial of the surnameaccompanying the correct first name of a candidate, or the erroneousmiddle initial of the candidates shall not annul the vote in favor of thelatter.



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k) The fact that there exists another person who is not a candidate withthe first name or surname of a candidate shall not prevent theadjudication of the vote of the latter.

l)

Ballots which contain prefixes such as “Sir”, “Sr.”, “Mr.”, “Datu”,“Don”, “Ginoo”, “Hon.”, “Gob.”, or suffixes like “Hijo”, “Jr.”, “Segundo”,are valid.

m) The use of the nicknames and appellations of affection andfriendship, if accompanied by the first name or surname of thecandidate, does not annul such vote, except when they were used asa means to identify the voter, in which case the whole ballot isinvalid: Provided, That if the nickname used is unaccompanied by the

name or surname of a candidate and it is the one by which he isgenerally or popularly known in the locality, the name shall becounted in favor of said candidate if there is no other candidate forthe same office with the same nickname.

n) Any vote containing initials only or which is illegible or which doesnot sufficiently identify the candidate for whom it is intended shallbe considered as a stray vote but shall not invalidate the wholeballot.

The initials of a party-list participant shall be considered valid,provided, that they are the same initials as appearing in the certifiedlist of party-list participants.

o) If on the ballot is correctly written the first name of a candidate butwith a different surname, or the surname of the candidate iscorrectly written but with a different first name, the vote shall not becounted in favor of any candidate having such first name and/orsurname but the ballot shall be considered valid for other candidates.

p) Any ballot written with crayon, lead pencil, or in ink, wholly or inpart, shall be valid.

q) Where there are two or more candidates/parties voted for in anoffice for which the law authorizes the election of only one, the voteshall not be counted in favor of any of them, but this shall not affectthe validity of the other votes therein.

r) If the candidates voted for exceed the number of those to be elected,the ballot is valid, but the votes shall be counted only in favor of thecandidates whose names were firstly written by the voter within thespace provided for said office in the ballot until the authorizednumber is covered.



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s) Any vote in favor of a person who has not filed a certificate ofcandidacy or in favor of a candidate for an office for which he did notpresent himself shall be considered as a stray vote but it shall notinvalidate the whole ballot.

A vote cast for a party-list participant not entitled to be voted forshall not be counted.

t) Ballots containing the name of a candidate or party-list participantprinted and pasted on a blank space of the ballot or affixed theretothrough any mechanical process are totally null and void.

u) Circles, crosses or lines put on the spaces on which the voter has notvoted shall be considered as signs to indicate his/her desistancefrom voting and shall not invalidate the ballot.

v) Unless it should clearly appear that they have been deliberately putby the voter to serve as identification marks, commas, dots, lines, orhyphens between the first name and surname of a candidate, or inother parts of the ballot, traces of the letter “T”, “J” and other similarones, the first letters or syllables or names which the voter does notcontinue, the use of two or more kinds of writing and unintentionalor accidental flourishes, strokes or strains, shall not invalidate the

ballot.

w) Any ballot which clearly appears to have been filled by two distinctpersons before it was deposited in the ballot box during the voting istotally null and void.

x) Any vote cast in favor of a candidate or party who has beendisqualified by final judgment shall be considered as stray and shallnot be counted but it shall not invalidate the ballot.

y) Ballots wholly written in Arabic in localities where it is of general useare valid. To read them, the SBEI may employ an interpreter whoshall take an oath that he shall read the votes correctly.

z) The accidental tearing or perforation of a ballot does not annul it.

aa) Failure to remove the detachable ballot coupon from a ballot doesnot annul such ballot.

bb) When what is written on the ballot is the raffle number of theparty list, the same shall be counted in favor of the party list towhich such raffle number is assigned.

cc) When what is written on the ballot is the acronym of the party-list orthe correct party-list name but with a different raffle number, the



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acronym or party-list name shall prevail.

dd) When two or more words or numbers are written on the sameline on the ballot, all of which are the names, acronyms or raffle

numbers of two or more party-lists, the same shall not be counted forany of them.

RULE 13POST COUNTING PROCEDURES

ART.1. Distribution of overseas voting election returns. – The copiesof the election returns contained in each corresponding envelope shall bedistributed as follows:

A) During Presidential Election

1. The first copy, to the Special Board of Canvassers;2. The second copy, to Congress;3. The third copy, to the Commission, through the ERSD;4. The fourth copy, for posting;5. The fifth copy, to the citizens’ arm authorized by the Commission to

conduct an unofficial count;6. The sixth copy, to the dominant majority party as determined by

the Commission in accordance with law;7. The seventh copy, to the dominant minority party as determined by

the Commission in accordance with law; and8. The eighth copy to be deposited inside the ballot box.

The Chairperson of the SBEI shall submit personally the first, secondand third copies of the election returns to the Chairperson of the SBOC whowill in turn submit the second and third copies to the Congress and to theCommission, respectively.

The fourth copy shall be posted in the wall where the counting wasconducted and shall be open for public viewing at any time of the day forforty-eight (48) hours following its posting. Any person may view or capturean image of the election returns by means of any data capturing device suchas, but not limited to cameras, at any time of the day for forty-eight (48) hoursfollowing its posting.

The fifth, sixth, and seventh copies intended for the citizens’ arm,dominant majority party and dominant minority party shall be given to theirrespective representatives. The SBRCG shall keep all unclaimed copies ofelection returns until claimed by the parties concerned.

B. During Senatorial Election

1. The first copy, to the Special Board of Canvassers;



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2. The second copy, to the Commission, through the ERSD;3. The third copy, for posting;4. The fourth copy, to the a citizens’ arm authorized by the

Commission to conduct an unofficial count;

5.

The fifth copy, to the dominant majority party as determinedby the Commission in accordance with law;6. The sixth copy, to the dominant minority party as determined

by the Commission in accordance with law; and7. The seventh copy, to be deposited inside the ballot box.

The Chairperson of the SBEI shall submit personally the first and secondcopies of the election returns to the Chairperson of the SBOC who will in turnsubmit the second copy to the Commission.

The third copy shall be posted in the wall where the counting wasconducted and shall be open for public viewing at any time of the day forforty-eight (48) hours following its posting. Any person may view or capturean image of the election returns by means of any data capturing device suchas, but not limited to cameras, at any time of the day for forty-eight (48) hoursfollowing its posting.

The fourth, fifth and sixth copies intended for the c itizens’ arm,dominant majority party, and dominant minority party shall be given to their

respective representatives. The SBRCG shall keep all unclaimed copies ofelection returns until claimed by the parties concerned.

ART. 2. Certificate of votes .– After the announcement of the results ofthe election, upon request, the SBEI shall issue to interested parties aCertificate of Votes (OVF No. 13) duly signed by all the members of the SBEI.

ART.3. Disposition of ballots and other documents. – Upon thetermination of the counting of votes and the accomplishment of election

returns for the precinct -

A. The SBEI shall:

1) Place the following documents inside the ballot box:

a) Envelope containing the election returns, (Copy for the BallotBox);

b) Envelopes containing counted official ballots, excess/invalid/spoiled/torn half of unused official ballots;

c) Envelope containing the Minutes of Voting (Copy for the BallotBox);

d) Envelope containing the Minutes of Counting (Copy for theBallot Box);

e) Tally Board; andf) Envelopes used for postal voting.



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2) Seal the ballot box; and

3) Deposit to the SBRCG the sealed ballot box together with the envelopes

containing Minutes of Voting and Minutes of Counting.

B. The SBRCG shall:

1) Keep in a secured place the ballot boxes together with envelopescontaining Minutes of Voting and Minutes of Counting (Copies for theCommission) until further instructions from the Commission.

2) After completion of the counting of votes, keep and retain at the Postsall used and unused forms, supplies and paraphernalia as submitted bythe SBEIs including unclaimed ballots and returned mails for postalvoting, until further instructions from the OFOV.

RULE 14CANVASSING

ART. 1. Special Board of Canvassers (SBOC); constitution and

appointment . – The Commission, through the OFOV, shall, not later thanthirty (30) days before the start of the voting period, constitute in eachcountry, one (1) Special Board of Canvassers (Board) to canvass the OverseasElection Returns and prepare the corresponding Overseas Certificate ofCanvass.

The members of the Board shall be appointed by the OFOV and shall becomposed of the highest ranking officer of the post as Chairperson, a seniorcareer officer from any of the government agencies maintaining offices abroad

as Vice-Chairperson and any citizen of the Philippines qualified to vote underthe Overseas Voting Act as amended as Member-Secretary. In the absence ofany senior career officer from any government agencies maintaining officesabroad, a career officer of the post or any citizen of the Philippines qualified tovote may be appointed as Vice-Chairperson.

ART. 2. Qualifications of members of the Board . – No person shall beappointed as a member of the Board, unless said person:

a) Is of good moral character and irreproachable reputation; and

b) Is able to speak and write English or Pilipino.

ART. 3. Disqualifications . – The following are disqualified from servingas members of the Board:



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a) Those who are related within the fourth civil degree of consanguinityor affinity to:

1)

Any member of the same Board; or

2) Any of the candidates for President, Vice-President, and/orSenator;

b) Those who have been convicted of any election offense or of anyother crime punishable by more than six (6) months ofimprisonment; or,

c) Those who have a pending case filed against them for any electionoffense.

ART. 4. Notice of disqualification. – Any member of the Board who isdisqualified for any of the above reasons shall, upon appointment, notify inwriting the Head of the Post, who shall, in turn submit to the Commission,through the OFOV, the name of the replacement for appointment.

For this purpose, the OFOV shall furnish the Post, through the DFA-OVS,the list of presidential, vice-presidential, and senatorial candidates so that the

members of the Board will know whether they are qualified or not to accepttheir appointments.

ART. 5. Supervision and control. – The Commission shall exercisedirect supervision and control over the Board and may motu proprio relieve,at any time for a cause, any member thereof and designate the correspondingsubstitute/replacement.

ART. 6. Voting privilege of members of the SBOC. – Government

employees posted abroad who will perform election duties as members of theSBOC shall be allowed to vote in their respective posts provided they areregistered voters either in the Philippines or as overseas voters.

ART.7. Replacement of Chairperson and Members of the Board . – Incase of non-availability, absence, disqualification due to relationship, orincapacity for any cause of the Chairperson, the replacement shall come fromamong any other ranking official from the Post or from any of the governmentagencies maintaining offices abroad, of good standing, not otherwisedisqualified under the law.

With respect to the other members of the Board, the replacement shallbe from the qualified personnel of the foreign service corps or from membersof the Filipino community at the Posts.

For this purpose, all replacements shall be appointed by the



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Commission through the OFOV.

ART.8. Notice of meetings of the Board . – Not later than five (5) daysbefore the end of the voting period, the Chairperson of the Board shall give

written notice (OVF No. 11-C) to the other members of the Board. Similarnotice shall be given to each candidate, political party or coalition of politicalparties fielding candidates for President, Vice-President, Senator and politicalparties, organizations or coalitions participating under the party-list systemof representation, through the OFOV. The notice shall include the date, timeand place of the canvassing, which shall be held in the PhilippineEmbassy/Consulate, unless otherwise ordered by the Commission.

Similar notices shall also be given for subsequent meetings unlessnotice has been given in open session. Proof of service of notice to eachmember, candidate, political party fielding candidates for President, Vice-President, Senator, and political party, organization or coalition participatingunder the party-list system of representation shall be attached to and formpart of the records of the proceedings. For this purpose, the OFOV shall sendthe proof of service of notice to the Posts, through the DFA-OVS, which in turn,shall ensure that the proof of service of notice are with the different Boards atthe time they convene.

Notice of the canvassing shall also be posted in three (3) conspicuous

places in the building where the canvass shall be held as well as in thewebsites of the Commission, the DFA and of the Post concerned.

Record in the Minutes if notice is given in open session.

The OFOV may, whenever practicable, use other means of disseminatingsuch notice which may include but not be limited to the tri-media.

ART.9. Preliminary to canvassing . – Not later than the day before theconvening of the Board , the members shall meet to:

1) Acquaint themselves with each other;

2) Familiarize themselves with their respective duties andresponsibilities during the canvassing;

3) Ensure that all the required canvassing forms and supplies arecomplete; and

4) Discuss operational and procedural matters to ensure that they areable to fulfill their duties and responsibilities in accordance withthese general instructions and other guidelines set by theCommission.



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ART. 9. Convening of the Board . - The Board shall meet after the closeof voting at the designated building/place in the PhilippineEmbassy/Consulate or other Foreign Service establishments authorized by

the Commission, to receive the election returns and to immediately canvassthose that have already been received. It shall meet continuously from day today until the canvass is completed, and may adjourn only for the purpose ofawaiting other election returns. However, as the need arises, the Board maydeclare a recess.

The proceedings of the Board shall be open and public.

ART. 10. Minutes of the Board; distribution . – The Member-Secretary

shall prepare the Minutes of Canvassing (OVF No. 11-B) of the Board in three(3) copies by recording the proceedings and other incidents or mattersrelevant to the canvass.

Copies of the Minutes shall be distributed to the:

a. Chairperson of the Board;b. Law Department of the Commission;c. SBRCG at the Post where the canvassing was held.

ART. 11. Temporary Absence of a Regular Board Member . – In case aregular member of the Board is temporarily absent, the members presentshall first verify whether notice has been served on the absent member. Incase no notice was sent, one shall be immediately served on the absentmember. If the latter cannot be located, the absent member shall besubstituted in accordance with these Rules. The matter of substitution shall berecorded in the Minutes. In the event the absent member appears, thesubstitute member shall relinquish the seat to the regular member.

ART. 12. Prohibition against transfer, leaving official station . – From the start of the voting period until the COC shall have been personallysubmitted to the Commission, no members or substitute members of thedifferent Boards shall be transferred, assigned or detailed outside of theirofficial station nor shall they leave their station without prior authority fromthe Commission, through the OFOV.

ART. 13. Feigned Illness . – Any member of the Board feigning illness inorder to be substituted during the canvass shall be liable for an electionoffense.

ART. 14. Incapacity of a Regular Member of the Board . –In case ofsickness or serious injury of a regular member of the Board, the member



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concerned shall submit to the other members of the Board, a medicalcertificate. The medical certificate shall be recorded in and form part of theMinutes. Upon submission of the medical certificate, a substitute shall beappointed in accordance with these Rules.

ART. 15. Quorum . – A majority of the members of the Board shallconstitute a quorum for the transaction of business, and a majority vote of allthe members shall be necessary to render a decision.

RULE 15SPECIAL BOARD OF CANVASSERS

ART. 1. Powers and functions of the Board . – The Board shall have fullauthority to keep order within the canvassing room or hall including itspremises and enforce obedience to its lawful orders. If any person refuses toobey any lawful order of the Board or disturbs or interrupts its proceedings,the Board may, by a majority vote, order in writing any peace officer/guard ofthe embassy or consulate to take the person into custody until adjournment ofthe meeting. In the absence of any peace officer/guard, any other competentand able person deputized by the Board, in writing, shall execute its order.The incident shall be noted in the Minutes.

The Board shall:

a) Canvass the election returns submitted by the Special Boards ofElection Inspectors (SBEI);

b) Accomplish the Statement of Votes by Precinct (SOVP) and theSummary of Statement of Votes (SSOV);

c) Prepare, in case of Presidential elections, eight (8) copies, upon

completion of the canvass, a COC for President, Vice-President,Senators and Party-List representatives (OVF No. 21);

In case of mid-term elections, prepare in seven (7) copies, uponcompletion of the canvass, a COC for Senators and Party-Listrepresentatives (OVF No. 21);

d) Transmit immediately after the completion of the canvass, a copy ofthe COC and the SOVP/SSOV to the OFOV, through the DFA-OVS, viafacsimile or other electronic mail facilities of the Philippineembassies/consulates and of other authorized canvassing centers;

e) Furnish the accredited major political parties and accreditedcitizens arms, through the OFOV, with copies via facsimile, or anyother means of transmission equally safe, secure and reliable;



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f) Deliver or transmit, through its Chairperson, the COCs together withthe SOVPs, SSOVs and the election returns intended for theCommission. Watchers of candidates, political parties and otherinterested parties may accompany the delivery or witness the

transmission; and

g) Perform such other duties as may be required by the Commission.

RULE 16COUNSEL/WATCHERS DURING CANVASSING OF VOTES

ART. 1. Right to be present and to counsel . – Every registered politicalparty and party-list group, and every candidate for President, Vice-Presidentand Senator has the right to be present and to counsel during the canvass ofthe election returns: Provided, that if there are two (2) or more counsel, onlyone (1) may argue for each party or candidate. They shall have the right toexamine the election returns being canvassed without touching them, makeobservations, and file protests. No dilatory action or tactics shall be allowedby the Board.

ART.2. Watchers during canvass . – Every registered political party

fielding candidates for President, Vice-President, Senator, and party-list groupshall be entitled to one (1) watcher at any given time in every canvassingcenter.

The citizens’ arm of the Commission, and civic, religious, professional,business, service, youth and other similar organizations shall collectively, andupon prior authority of the Commission through the OFOV, be entitled to one(1) watcher at any given time.

However, if there is no sufficient space for all watchers to beaccommodated, preference shall be given to the watchers of the dominantmajority and dominant minority parties as determined by the Commission,one (1) common watcher for the independent candidates, one (1) commonwatcher for the accredited citizens’ arm and one (1) common watcher foraccredited OFW organizations.

The watchers shall have the right to:

a) Be present at, and take note of, all the proceedings of the Board;

b) Stay behind the Chairperson of the Board near enough to be able toread the election returns without touching said documents; and

c) File the appropriate protest against any alleged irregularity noted inthe election returns and obtain from the Board a resolution in



80

writing.

Watchers shall not be allowed to participate in the deliberation of theBoard.

A person convicted by final judgment of any election offense or of anyother crime, or who is related to any member of the Board within the fourthcivil degree of consanguinity or affinity shall not be appointed as watcher.

ART.3. Persons not allowed inside the canvassing room . – During thecanvass, it shall be unlawful for any person carrying any firearm or deadlyweapon to enter the room where the canvass is being held or to stay within aradius of fifty (50) meters from such room.

ART.4. Safekeeping of Election Returns .– The Board shall place theelection returns intended for Congress and the Commission, each in aspecially marked envelope which shall be sealed with serially numberedsecurity tapes. The serial number of every security tape used shall be enteredin the Minutes.

The said special envelope shall be kept in a safe and secured room

before, during and after the canvass to ensure that no envelope may be takenout of or deposited in the room without the presence of the Board.

RULE 17CANVASSING PROCEDURES IN MANUAL ELECTIONS

ART.1. Canvassing procedures .– A. Before the start of canvass, and

upon entering the canvassing center, the counsel/watchers shall present anddeliver to the Chairperson of the Board their appointments and their namesshall be recorded in the Minutes with a notation under their signatures thatthey are not disqualified to serve. The appointments of the watchers shallbear the personal or facsimile signature of the candidate or the dulyauthorized representative of the political party, organization or coalition whoappointed them or of organizations authorized by the Commission.

For this purpose, registered political parties, independent candidates,organizations or coalit ions authorized by the Commission, accredited citizens’arms and OFW organizations, shall provide the Commission and the Postswith the names and signatures of their representatives authorized to appointcounsel/watchers in each Post not later than ten (10) days before the start ofcanvassing.

B. The Board shall observe the following procedures:



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1) Assign an SOVP to be used in the canvass and, after theSecretary has recorded its serial number in the Minutes, dividethe copies equitably between the Vice-Chairperson and the

Secretary;

2) Receive from the SBEIs the envelopes containing the electionreturns (copy for the SBOC and the Commission);

3) Record in the Minutes the following data:

a) Time and date of receipt of election returns;

b) The precinct number of the election returns;

c) Serial number of the envelope and paper seal; and

d) Condition of the envelope and paper seal.

The copy intended for the Congress and the Commission shall bedelivered or transmitted by the Chairperson or any member ofthe Board after the canvassing of votes in the Posts;

4) Exhibit to the counsel/watchers present the envelope containingthe election returns, copy for the Board;

5) Break the seal, open the envelope, retrieve the election returnsand exhibit the same to the counsel/watchers present;

6) Examine the condition of the paper seal of the election returns,and record in the Minutes its condition and serial number;

7)

Break open the seal, unfold the election returns and exhibit thesame to the counsel/watchers present. Record in the Minutes thecondition and serial number of the election returns;

8) Canvass the election returns by:

a. The Chairperson reading the votes obtained by eachcandidate; and

b. The Vice-Chairperson and Member-Secretary entering intheir respective copies of the SOVP the votes obtained byeach candidate simultaneously as they are read by theChairperson.

For purposes of preparing the SOVP the following terms shallmean:



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Page partial total

Sum of votes obtained by each candidate appearing in aset of SOVP when some columns are not filled at the time of

adjournment/ suspension of canvass. This shall be recordedon the box immediately after the last entry of votes at the timeof adjournment/suspension of canvass.

Sub-total

Sum of all votes obtained by each candidate when all thecolumns of a set of SOVP are filled. The sub-total shall berecorded in the last column indicated in the SOVP;

Grand total

Sum of all votes obtained by each candidate when allelection returns have been canvassed even if not all thecolumns of the SOVP are filled.

Provisional totalAccumulated total of all votes obtained by each

candidate appearing in all accomplished sets of SOVP at thetime of adjournment/suspension of canvass, for the purposeof releasing results to the media and other interested parties.This shall be recorded in a document other than the SOVP;

9) Immediately after an election returns is canvassed, theChairperson of the Board shall write on its upper right handcorner the word “CANVASSED” and sign and indicate the dateof canvass below it. Thereafter, the canvassed electionreturns shall be returned to its envelope without sealing it;

10) After the canvass has been completed and only one set of SOVPwas used:

10.1) The Vice-Chairperson and Member-Secretary of the Boardshall add all entries in their respective copies of the SOVP toobtain the grand total.

10.2) Compare the grand total contained in their respectivecopies of the SOVP. If there are discrepancies in the entries,

they shall refer to the election returns and apply thecorrections as may be necessary. All the members of theBoard shall initial the correction/s made on the SOVP.

11) Affix their signatures above their printed names and imprinttheir thumbmarks on the certification portion of the SOVP;



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Thereafter, proceed to procedure No. 14 onwards as providedbelow.

For Posts canvassing 12 or more election returns, the Board ortabulators, as the case maybe, shall perform the following:

12) Each time all the columns of a set of SOVP are filled, the twomembers of the Board shall submit to the Chairperson theircopies of the SOVP. The Chairperson shall then divide the copiesof the accomplished SOVP between the Tabulators who shallthen compute, using an adding machine with tape, in theirrespective copies, the sub-total of the: (1) number of registeredvoters; (2) number of voters who actually voted; and (3) thevotes obtained by each candidate. Thereafter, the Tabulatorsshall initially record the sub-totals in a separate sheet of paperand compare whether the sub-totals are the same.

If there is no discrepancy, the Tabulators shall record thesub-totals in the SOVP and accomplish the certification portionintended for them therein and submit the same to the Board.

If there is a discrepancy, the Tabulators shall identify the

particular precinct in the corresponding SOVP where suchdiscrepancy occurred. After identifying the source of thediscrepancy, the Tabulators shall refer the matter to theChairperson, who in turn shall:

a) Announce that a correction/s will be made in the SOVPconcerned;

b) Retrieve and re-open the corresponding election returns;

c) Verify the entry;

d) Announce the correct entry; and

e) Direct the member who made the erroneous entry to makethe proper correction by encircling the erroneous entry andwriting immediately above the circle the correct entry in theSOVP.

The members of the Board shall authenticate thecorrection by affixing their initials immediately after thecorrection. The Chairperson shall then return the correctedSOVP to the Tabulators who shall re-compute the sub-totalswhere the discrepancy occurred and accomplish the



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certification portion intended for them in the SOVP andsubmit it to the Board;

13) After all the election returns have been canvassed and the sub-

totals of each SOVP have been computed, the Tabulators shall:

a) Prepare the SSOV by entering therein the sub-totals of votesobtained by each candidate;

b) Add the sub-totals to get the grand total of votes obtainedby each candidate and indicate the same in the last columnof the SSOV;

c) Accomplish the certification portion in the SSOV intendedfor the Tabulators; and

d) Forward to the Board the SOVP and SSOV.

14) The Board shall then:

a) Accomplish the COC by entering therein the Grand Total ofVotes obtained by each candidate as reflected in theSOVP/SSOV;

b) Affix their signatures and the imprints of their right thumbon the certification portion;

c) Require the watchers, if any, to affix their signatures and theimprints of their right-thumb on the COC.

In accomplishing the COC, the SOVP/SSOV and other forms,all the members of the Board and Tabulators, shall see to itthat the impression on the first copy of the set is recordedon each and every page;

15) The Chairperson shall:

a) Announce the results of the election, and the posting of acopy of the COC on a wall with sufficient lighting within thepremises of the canvassing center;

b) Proceed to post the COC in the presence of the othermembers of the Board, the watchers and those present inthe canvassing center;

c) Attach a copy of the SOVP/SSOVs to each of the COC, copyfor the Commission and/or Congress, as the case may be,and copy for the Chairperson of the Board. Fold themtogether and seal with a paper seal;



85

d) Place them in the envelopes provided for the purpose andseal with paper seal, except the copy for the Board whichwill be used for transmission to the Commission as

provided below;

e) Transmit to the Commission, through the DFA-OVS, via thefacsimile or any other electronic mail facilities of thePhilippine embassies/consulates, and other authorizedcanvassing centers an advance copy of the COC andSOVP/SSOV, using the copy for the Board;

f) Return the COC and SOVP/SSOV, copy for the Board, insideits envelope, seal the same for submission to the SBRCG forsafekeeping;

g) Distribute the other copies of the COC, together with thecorresponding SOVP, as prescribed under Art. 11, Rule 16hereof.

Copies which are not claimed by the concerned parties shallbe turned over by the Chairperson of the Board to theSBRCG of the Post where canvassing was held; and

h) Return the canvassed election returns in its envelope and sealfor submission to the SBRCG for safekeeping.

C. Adjournment of the Board . – Each time the Board adjourns, it shallmake a total of all votes canvassed for each candidate, applying thefollowing procedure:

1) When all the columns of the SOVP are not filled up, the Tabulators

shall indicate the page partial total of votes obtained by eachcandidate and close the same by affixing their initials. The SOVPshall be placed in the ballot box provided in No. 4;

2) When all the columns of the SOVP are filled, the Tabulators shallindicate the sub-total;

3) The page partial total or the sub-total, whichever is available at thetime of the adjournment of the Board is the provisional total whichshall be made available to mass media and other interested parties.The OFOV shall also be furnished with the provisional totalthroughthe fastest means of communication;

4) The remaining unopened envelopes and SOVP containing the pagepartial total shall be placed in the ballot box provided for the



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purpose which shall be sealed and kept in a secured room,by themembers of the Board; and

5) The serial number and the quantity of the remaining unopened

envelopes shall be recorded in the Minutes.

Upon resumption of the canvass:

6) The Secretary of the Board shall retrieve the ballot box containing theuncanvassed election returns, verify and enter in the Minutes thecondition of the ballot box; and

7) The Board shall then, in the presence of the watchers, open theballot box, retrieve the partially-filled SOVP and the unopenedenvelopes containing the election returns not yet canvassed, andproceed with the canvass until all election returns are canvassed.

ART. 2. Objections during canvass . – All objections during the canvass,including the issue on the inclusion/exclusion of election returns, shall benoted in the Minutes. Parties interested to pursue their objections should filethem before the Commission.

ART.3. When the Election Returns are delayed, lost or destroyed . – Incase its copy of the election returns is missing, the Board shall, by authorizedmessenger, immediately obtain the same from the SBEI concerned, or if thesaid election return has been lost or destroyed, the Board, upon priorauthority of the Commission, may use any of the authenticated copies or acertified copy of said election returns and investigate the case andimmediately report the matter to the Commission.

The Board, notwithstanding the fact that not all the election returns

have been received by it, may terminate the canvass upon prior authority ofthe Commission.

ART.4. Material defects in the Election Returns . – If it should clearlyappear that some requisites in form or data have been omitted in the electionreturns, the Board shall call for all the members of the SBEI concerned by themost expeditious means, for the same SBEI to effect the correction: Provided,That in case of the omission in the election returns of the name of anycandidate and/or the candidate’s corresponding votes, the Board shall requirethe SBEI concerned to complete the necessary data and affix therein theirinitials: Provided further , That if the votes omitted in the election returnscannot be ascertained by other means except by recounting the ballots, theelection returns shall be set aside, record in the Minutes and report to theCommission.



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For this purpose, the members of the SBEI shall remain and be presentbefore the Board until the election returns of their precinct had beencanvassed.

ART.5. When Election Returns appear to be tampered with or falsified . – If the election returns submitted to the Board appear to betampered with, altered or falsified after they have left the hands of the SBEI orotherwise not authentic, or were prepared under duress, force, intimidation,or prepared by persons other than the members of the SBEI concerned, theBoard shall use the other copies of said election returns. If necessary, the copyof the election returns inside the ballot box may be retrieved in accordancewith Article 220 of the Omnibus Election Code upon previous authority givenby the Commission. If the other copies of the election returns are likewisetampered with, altered, falsified, not authentic, prepared under duress, forceor intimidation, or prepared by persons other than the members of the SBEI,the matter shall be brought to the attention of the Commission which shallproceed as provided in Article 235 of the Omnibus Election Code.

ART.6. Discrepancies In Election Returns . – In case there existdiscrepancies between the votes in words and the votes in figures of anycandidate, the votes in words shall prevail. If the discrepancy is in the tally

(tara) as against the votes obtained in words or in figures in the same electionreturns, the votes in the tally ( tara ) shall prevail.

ART.7. Canvass to be completed at earliest possible time . – Subject toreasonable exceptions, the Board shall complete its canvass within thirty-six(36) hours.

ART.8. Pre-proclamation cases not allowed . – For purposes of theelections for President, Vice-President, Senator and Party-listRepresentatives, no pre-proclamation case shall be allowed on mattersrelating to the preparation, transmission, receipt, custody and appreciation ofthe election returns. However, this does not preclude the authority of theBoard to motu proprio or upon written complaint of an interested person tocorrect manifest errors in the election returns before it.

ART.9. Illegal composition or proceedings of the Board . – Questionsaffecting the composition or proceedings of the Board may be initiateddirectly with the Commission, through the Board. Such questions shall bemerely noted in the Minutes attaching therewith all documents/proof ofillegal composition and proceedings.



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ART.10. Manifest error . – (a) Where it is clearly shown that manifesterrors were committed in the tabulation or tallying of election returns, duringthe canvassing, the Board may motu proprio , or upon verified petition by anycandidate, political party, organization or coalition of political parties, after

due notice and summary hearing, correct the errors committed.

There is manifest error in the tabulation or tallying of the results duringthe canvassing where:

1) A copy of the election returns was tabulated more than once;

2) Two or more copies of the election returns of one precinct, weretabulated;

3) There was mistake in the copying of the figures from the electionreturns into the SOVP;

4) Election returns from non-existent precincts were included in thecanvass;

5) Election returns from precincts of one country/Post wereincluded in the canvass in another country/Post; or

6) There was a mistake in the addition of the votes of any candidate.

In order to correct manifest errors, the following procedures shall becomplied with:

1) The order for correction must be in writing and promulgated;

2) Any candidate, political party, or organization or coalition ofpolitical parties aggrieved by said order may appeal to the

Commission within twenty-four (24) hours from itspromulgation;

3) The appeal must implead as respondents the Board concernedand all parties that may be adversely affected;

4) Upon receipt of the appeal, the Clerk of the Commission shallimmediately issue summons, together with the copy of the appealto the respondents;

5) The Clerk of the Commission shall immediately set the appeal forhearing; and

6) The appeal shall be heard and immediately decided by theCommission en banc .



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ART.11. Distribution of Certificates of Canvass . – The SBOC shalldistribute the COC of Votes for Senators and Party-List (OVF No.21) asfollows:

A) During Presidential Election

1) The first copy, with attached copy of the SOVP/SSOV, to theCommission sitting as the National Board of Canvassers for use in thecanvass of election results for Senators and Party-ListRepresentatives;

2) The second copy, with attached copy of the SOVP/SSOV, to be postedon a wall within the premises of the canvassing center.

The copy of the COC posted on the wall shall be open for publicviewing at any time of the day for forty-eight (48) hours following itsposting. Any person may view or capture an image of the COC. Afterthe prescribed period for posting, the SBRCG shall collect the postedCOC and keep the same in its custody to be produced for image ordata capturing as may be requested by any voter or for any lawfulpurpose as may be ordered by competent authority;

3) The third copy, with attached copy of the SOVP/SSOV, shall be keptby the Chairperson of the Board;

4) The fourth copy to the citizen’s arm designated by the Commission toconduct a media-based unofficial count; and

5) The fifth and sixth copies, to the representatives of two (2) of the six(6) major political parties in accordance with the voluntaryagreement of the parties. If no such agreement is reached, the

Commission shall decide which parties shall receive the copies of theCOC on the basis of the criteria provided in Sec 26 of RA 7166. Theparties receiving the certificates shall have the obligation to furnishthe other parties with authentic copies thereof with the leastpossible delay.

6) The seventh copy, to the OFOV.

A. During mid-term elections

Except for those copies that are required to be delivered, copies of COCmay be claimed at the canvassing center. Any unclaimed copy shall remainwith the SBRCG, which shall produce them when requested by the recipient orwhen ordered by a competent authority.



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Any violation of this Section, or its pertinent portion, shall constitute anelection offense and shall be penalized in accordance with BP Blg. 881.

ART.12. Transmittal of the COC and Minutes of the proceedings . – ForPosts with less than one thousand (1,000) registered overseas voters or whenthe total number of voters who actually voted does not exceed one thousand(1,000), the Chairperson of the Board shall transmit via facsimile or electronicmail, immediately upon the completion of the canvass, the COC and theSOVP/SSOV to the Commission, through the Reception Group (RG). He shalllikewise transmit a Certification (OVF No. 46) duly signed by the Members ofthe Board and watchers, if present, confirming and affirming the figuresappearing in the transmitted COC and the SOVP/SSOV as the true and correctresult of their canvass.

The Board, through the SBRCG, shall preserve the COC, SOVP/SSOVimmediately after the conclusion and transmittal of the canvass to the RG, andmake it available upon instructions of the Commission. The Board shall alsofurnish the accredited major political parties and accredited citizens' armswith copies thereof via facsimile or electronic mail.

Absent of any Order from the Commission, after seven (7) days from theconclusion and transmittal of the canvass to the RG, the Chairperson of the

Board shall transmit, via diplomatic pouch, the original copies of the COC,SOVP/SSOV, Election Returns intended for the Commission and OFOV, OVFNo. 46, and the Minutes of Canvass addressed to the OFOV, 7 th Floor, Palaciodel Gobernador Bldg., Intramuros, Manila.

OFOV, in turn, shall forward the COC, SOVP/SSOV, the Election Returnsintended for the Commission to the Election Records and StatisticsDepartment (ERSD) and the copy of the Minutes of the Canvass to the LawDepartment of the Commission.

ART.13. Reception Group; Constitution. – The Reception Group (RG)shall be responsible for the reception, verification of transmittal and deliveryof the COC and SOVP/SSOV to the Commission sitting as the National Board ofCanvassers.

The RG shall be composed of a representative from the Commission anda representative from the DFA-OVS.

ART.14. Verification and authentication of the transmitted COC and SOVP/SSOV . – The RG, in the presence of the watcher, if any, shall verify thetransmission of the COC and SOVP/SSOV by immediately calling, throughtelephone or other means of communications, the Chairperson of the Board.After confirmation of the results, the RG shall accomplish a Certification (OVFNo. 47) that they verified the transmitted results through the Chairperson of



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the Board who confirmed the accuracy and truthfulness of the figures in thetransmitted COC and SOVP/SSOV.

ART.15. Canvassing of the transmitted results . – The COC and theaccompanying SOVP/SSOV as transmitted via facsimile or electronic mail shallbe the primary basis for the national canvass unless the Commission issues anorder to make available the original copies of documents during the canvass.

ART.16. Personal delivery of the COC/Minutes of the proceedingsand Election Returns . – For Posts with more than two thousand (2,000)registered voters and the voters’ turn -out exceeds fifty per cent (50%) of thetotal number of registered voters, the Chairperson of the Board shallpersonally submit the following:

a) First copy of the COC, together with the SOVP/SSOV; electionselection returns (Copy for the National Board of Canvasser), to theNBOC;

b) To the OFOV, copies of the COC (Copy for the Commission andOFOV) together with the SOVP/SSOV; election returns (Copy for theCommission), and Minutes (Copies for the Commission and the Law

Department).

OFOV, in turn, shall forward the election returns to the Election Recordsand Statistics Department (ERSD) and the copy of the Minutes to the LawDepartment of the Commission.

ART.17. Administrative matters to be observed by Chairmen of the SBOC who shall personally deliver the COC, SOVP/SSOV and other election

documents to Manila.

A. Prior to Departure from the Post:

1. They shall turn over all records and documents, used or unused, tothe custody of the SBRCG at the Post, in accordance with theguidelines issued by the Commission. These shall be properlyacknowledged by the SBRCG.

2. They shall secure a Certificate of Completion of Canvassing from theHeads of Posts indicating the following:

- Date the canvassing commenced- Date the canvassing ended- Date when the Chairperson of the Board left the Post



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If the Chairperson of the Board is the Head of the Post, the certificateshall be accomplished by the second highest Foreign Service official .

3. They shall immediately depart within the day or at the latest, a day

after the completion of canvassing proceedings for travel to Manilathrough the most direct flight route.

Any deviation from the scheduled flight or re-booking which is notallowed by the Commission shall be for the personal account of the concernedChairperson of the Board.

RULE 18 AUTOMATED ELECTION

ART. 1. Automated Election System . – refers to a system usingappropriate technology which has been demonstrated in the voting, counting,consolidating, canvassing, and transmission of election results, and otherelectoral processes .

ART. 2. Authority to Explore Other Modes or Systems Using Automated Election System . – Notwithstanding current procedures andsystems herein provided, for the proper implementation of this Act and in

view of the peculiarities attendant to the overseas voting process, theCommission may explore other more efficient, reliable and secure modes orsystems, ensuring the secrecy and sanctity of the entire process, whetherpaper-based, electronic-based or internet-based technology or such otherlatest technology available, for onsite and remote registration and electionsand submit reports and/or recommendations to the Joint CongressionalOversight Committee.

RULE 19PROHIBITED ACTS

ART. 1 . Prohibited Acts . – In addition to the prohibited acts provided bylaw, it shall be unlawful:

1) For any officer or employee of the Philippine government to influenceor attempt to influence any person covered by the Overseas AbsenteeVoting Act to vote, or not to vote, for a particular candidate. Nothing inthis Act shall be deemed to prohibit free discussion regarding politics orcandidates for public office;

2) For any person to:

a) deprive another of any rights secured in the Overseas Voting Actas amended;



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“The provision of existing laws to the contrary notwithstanding, and withdue regard to the Principle of Double Criminality, the prohibited actsdescribed in this section are electoral offenses and shall be punishable in the

Philippines.

ART. 2 . Penalties. –Any person found guilty of committing any of theprohibited acts enumerated in the immediately preceding article, exceptparagraph 3, shall be punished with imprisonment of not less than one (1)year but not more than six (6) years and shall not be subject to probation. Inaddition, the guilty party, shall be sentenced to suffer disqualification to holdpublic office and deprivation of the right of suffrage.

The penalty of prision mayor in its minimum period shall be imposed uponany person found guilty of tampering with the ballot, the mail containing theballots for overseas voters, the Overseas Voting Election Returns, includingthe destruction, mutilation and manipulation thereof, without the benefit ofthe operation of the Indeterminate Sentence Law. If the offender is a publicofficer or a candidate, the penalty shall be prision mayor in its maximumperiod. In addition, the offender shall be sentenced to suffer disqualification tohold public office and deprivation of the right of suffrage.

RULE 20CONCLUDING PROVISIONS

ART. 1 . Access to official records and documents . – Subject to thepertinent provisions of the Overseas Voting Act as amended and these Rule,any person shall have the right to access and/or copy at his/her expense allregistration records, voters lists and other official records and documents,subject to payment of prescribed charges.

ART. 2 . Applicability of other election laws . – The pertinent provisionsof the Omnibus Election Code, as amended and other election laws, which arenot in conflict with the provisions of the Overseas Voting Act as amended andthese Rules shall remain in full force, and shall have suppletory application ofthese Rules.

ART. 3 . Enforcement and administration by the Commission . – TheCommission shall, for the purpose of ensuring honest, orderly, peaceful andfree elections abroad, have exclusive charge of the enforcement,administration and implementation of the Overseas Voting Act as amended.

ART. 4 . Effectivity. –These Rules shall take effect on the seventh dayfollowing its publication in two (2) newspapers of general circulation in thePhilippines.



ART. 5 . Dissemination . – The Education and Information Department ofthe Commission shall cause the publication and widest dissemination of theseRules and furnish copies hereof to the Department of Foreign Affairs,Department of Labor and Employment, department of Transportation and

Communication, Philippine Postal Corporation, Philippine OverseasEmployment Administration, Overseas Workers Welfare Administration,Commission on Filipinos Overseas, and Maritime Industry Authority.

SIXTO S. BRILLANTES, JR.Chairman

LUCENITO N. TAGLECommissioner

ELIAS R. YUSOPHCommissioner

CHRISTIAN ROBERT S. LIMCommissioner

MARIA GRACIA CIELO M. PADACACommissioner

AL A. PARRE ÑOCommissioner

LUIE TITO F. GUIACommissioner

draft implementing rules 2013 oav law

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