BAS IC FEATURES OF OVERS EAS ABS ENTEE VOTING IN THE PHILIPPINES

MODULE IMODULE 1

---------------GENERAL PROVISIONS

MODULE ILegal Basis----------------Sec. 2, Art. V, 1987 Constitution:

“Section 2. The Congress shall provide a system of securing the

secrecy and sanctity of the ballots as well as the system for absentee

voting by qualified Filipinos abroad.”

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

of 2003”

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

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

MODULE IImplementors---------------------

Commission on Elections (Committee on Overseas Absentee Voting)

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

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

Manila Economic & Cultural Office

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

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

MODULE INotice----------------

NOTICE OF REGISTRATION AND ELECTIONTO ALL FILIPINO CITIZENS

All citizens of the Philippines abroad, not otherwise disqualified by law, at least eighteen (18) years of age on the day of the election, and who wish to vote for Senators and Party-List Representatives for purposes of the

May 13, 2013 National Elections must file applications for registration/ certification as overseas absentee voters from October 31, 2011 to October

31, 2012. The voting period will be from April 13, 2013 until 3:00 p.m., Philippine time of May 13, 2013. For details, see the embassy/consulate

nearest your residence or visit the following websites:

DFA-Overseas Absentee Voting Secretariat (Manila) COMELEC-COAV

(Manila) www.dfa.gov.ph www.comelec.gov.phHotlines: +6328330914, +6328328363 Hotlines: +6325222251, +6325212952, +6325239924

PLACE, DATE, TIME

REQUIREMENTS

MODULE IPublication & Posting of Notice----------------Published abroad

Through the Posts At least 6 months before start of registration At least once

• In a newspaper of general circulation, or• In local Filipino newspapers of wide circulation • Posting in Websites

>> COMELEC>> DFA>> Embassies/Consulates>> Other website

In countries with at least 5,000 Filipinos

MODULE IPublication & Posting of Notice----------------Information and Education Materials

Developed by COAV With the COMELEC-

EID With the DFA-OAVS

MODULE IPeriod to File----------------31 October 2011 to 31 October 2012At least 5 days/week Need not be on Mon to FriPosts to determineDFA-OAVS recommends COAV Chairman approves

TIME FOR FILING Only during designated daysMinimum of 8 hours

MODULE INo registration----------------

Holidays in the Philippines

except Holidays in the host country Only upon request of the Post With the favorable recommendation of the DFA-

OAVS Upon approval of the COAV Chairman

MODULE IWhere to File----------------Before authorized COMELEC reps > At designated places in the PHL > Prior to departure > Ex: COAV, POEA, NAIA, OWWA

At the Posts > which have consular jurisdiction over the place where the registrants temporarily reside

Incl: FIELD REGISTRATION(Predetermined time & place)

Incl: MOBILE REGISTRATION(Part of Post’s outreach)

MODULE IField or Mobile Registration----------------Requirements

Permission of host government Will not compromise security, integrity, and

sanctity of the registration process Will impact upon a significant number of PHL

nationals Will form part of the continuing registration

services provided by the Post Information about the registration must be widely

disseminated by the Post Must be consistent with the OAV law and DFA

internal guidelines

MODULE IField or Mobile Registration----------------Requirements

Undertaken by authorized COMELEC reps Mobile registration must be at no cost to the COMELEC Field registration must be approved by the COAV

Chairman Field registration must be at minimal cost to the

COMELEC VRMs used must be taken from current inventory of

VRMs at the Post Registration at the post must not be affected

MODULE IWho may Register----------------

> Filipino citizen who is>> Abroad

>>> or who will be abroad on election day

>> At least Eighteen (18) years of age on the day of the election

>>> Those who are not yet 18 during the period of registration may also register>>>> Provided they will be

18 on the day of the elections

>> Not otherwise disqualified by law

MODULE IWho may Register----------------Dual citizens who have reacquired or

retained their Philippine citizenship under the “Citizenship Retention and Reacquisition Act of 2003 (RA No. 9225)

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

MODULE IOAVF Form No. 1

(Application for

Regis tration)

Who May Not Regis ter(Disqualifications )

• Those who lost their Filipino Citizenship in accordance with Philippine

laws expressly renounced their Philippine Citizenship and

pledge allegiance to a foreign country; convicted by final judgment of a court or tribunal of an

offense punishable by imprisonment of not less than one (1) year, including those found guilty of disloyalty, including

– Rebellion– Insurrection– Violation of the firearms laws– Any crime against national security unless such disability has been

removed by plenary pardon or amnesty

Who May Not Regis ter(Disqualifications )

• Those who are: Declared insane or incompetent

• Competent authority – in the Philippines – in abroad

» Verified by Philippine Embassies, consulate or foreign service establishments concerned

unless such competent authority subsequently certifies that such person is no longer insane or incompetent

• Those convicted by final judgment Disqualified person shall automatically acquire the right to

register upon expiration of five (5) years after service of sentence Commission may take cognizance of final judgments issued by

foreign courts or tribunals only on the basis of reciprocity and subject to the formalities and processes prescribed by the Rules of Court on execution of judgment

MODULE IRequirements for Registration*------------------> A valid passport> If no passport, a DFA Certification that:>> docs submitted will warrant the issuance of a passport; or>> applicant has a passport but cannot produce it > Accomplished application form (OAVF No. 1)**Dual Citizens

> Order of Approval to retain or reacquire Filipino citizenship > Oath of Allegiance

>> Original; or>> Certified True Copy, issued by the Post; or>> Certified True Copy, issued by the Bureau of

ImmigrationSeafarers

> Photocopy of Seaman’s Book> Any other document to prove he is a seafarer

*THE COMMISSION MAY REQUIRE ADDITIONAL PROOF OF IDENTITY** May be obtained at the registration site or downloaded from the post,

COMELEC-COAV, and FA-OAVS websites

MODULE IMODULE 2

----------------REGISTRATION PROCEDURES

S tatis tical Report on Regis tration

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

MODULE IProcedures---------------- > The APPLICANT shall

>> Appear personally>>> at the Post; or>>> at the designated registration center in the PHL

>> Submit required docs

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

MODULE IRequirements for Registration*------------------> A valid passport> If no passport, a DFA Certification that:>> docs submitted will warrant the issuance of a passport; or>> applicant has a passport but cannot produce it > Accomplished application form (OAVF No. 1)**Dual Citizens

> Order of Approval to retain or reacquire Filipino citizenship > Oath of Allegiance

>> Original; or>> Certified True Copy, issued by the Post; or>> Certified True Copy, issued by the Bureau of

ImmigrationSeafarers

> Photocopy of Seaman’s Book> Any other document to prove he is a seafarer

*THE COMMISSION MAY REQUIRE ADDITIONAL PROOF OF IDENTITY** May be obtained at the registration site or downloaded from the post,

COMELEC-COAV, and FA-OAVS websites

MODULE IProcedure #1----------------

MODULE I

OAVF No. 1 (Application

for Regis tration)

MODULE INROAV Scenarios----------------I. Applicant’s Name not in NROAV

Issue Form No.1. Advise applicant to accomplish the form Collect Form in case downloaded

II. Applicant’s Name in NROAV1. Applicant’s Name included in the post

1.1. WITH BIOMETRICS

> Advise applicant not to register anew

1.2 WITHOUT BIOMETRICS

> Issue OAVF No. 1 for applicant to accomplish and write on the appropriate space the Application Number previously assigned to him as appearing in the NROAV; and

> Stamp “FOR DATA CAPTURING ONLY”

MODULE INROAV Scenarios----------------

2. Applicant’s Name included in another post2.1. WITH BIOMETRICS Advise applicant that he need not register anew Require the applicant to accomplish OAVF No. 1B –

Letter Request for Transfer of Registration Record

2.2. WITHOUT BIOMETRICS

Advise the applicant to accomplish OAVF No. 1B – Letter Request for Transfer of Registration Record

Issue OAVF No. 1 for applicant to accomplish and write on the appropriate space the Application Number previously assigned to him as appearing in the NROAV; and

Stamp “FOR DATA CAPTURING ONLY”

MODULE IProcedure #2----------------

*VRM Scenarios

MODULE IVRM Scenarios----------------#1 If applicant does not submit to biometrics capture, the application is deemed not filed

#2 If VRM is defective or unavailable

> Advise applicant that he still has to undergo biometrics capture

> Require applicant to affix his right thumbprint on available space between boxes for Date and Signature of Applicant on Part II of OAVF No. 1 and to attach a photocopy of any valid identification doc bearing his photograph to the OAVF No. 1

> Accomplish OAVF No. 1C - Certification on VRM Malfunction that on the day of the filing of said application, the VRM was defective or unavailable. The certification shall be attached to the application.

> In part 2 of OAVF No. 1, affix initials under space for the signature of the administering officer; Return initialed OAVF No. 1 to applicant and direct him to the representative of the Commission

MODULE I

OAVF No. 1C -Certification

on VRM Malfunction

MODULE IProcedure #3----------------

MODULE IProcedure #4----------------

MODULE IProcedure #5----------------

MODULE I

OAVF No. 1A –Transmittal

Report

MODULE IProcedure #6> The COAV shall:----------------

MODULE IMODULE 3----------------RERBHearings on ApplicationsObjections

MODULE IRERB----------------Resident Election Registration Board

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

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

MODULE IRERB Duties and Functions----------------

MODULE IHearing of Applications----------------> The RERB Chairman sets the applications for hearing, prepares and

posts the Notice of Hearing

>> When to post notice of hearing? As provided under Sec. 13 of Resolution No. 9269

> Notify all political parties and other concerned parties of the pending applications for hearing via COMELEC Website

> The RERB Chairman shall determine whether the applicant possess all of the qualifications and none of the disqualifications for registration. If so, APPROVED. Otherwise, DISAPPROVED!

> The RERB Chairman shall verify (via the NLRV) if the applicant is a registered voter. If YES, the application is treated as an application for CERTIFICATION. If NOT, the application is considered an application for REGISTRATION

> If application is approved, the RERB shall direct the EO concerned to annotate the CVL to show registration as OAVoter

Period to File Applications

Last Day to Post Notice of Hearing of

Applications

Last Day to File Opposition to Applications

Approval/ Disapproval

October 31, 2011 to November 30, 2011

December 21, 2011 December 28, 2011 January 5, 2012

December 1-31, 2011 January 20, 2012 January 27, 2012 February 6, 2012

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

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

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

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

May 1-31, 2012 June 21, 2012 June 28, 2012 July 5, 2012

June 1-30, 2012 July 20, 2012 July 27, 2012 August 3, 2012

July 1-31, 2012 August 21, 2012 August 28, 2012 September 4, 2012

August 1-31, 2012 September 21, 2012 September 28, 2012 October 5, 2012

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

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

MODULE IObjections----------------> Who may file? Any interested party. Ex: Voter, Political party, Watcher, Citizen’s Arm

>> When? On or before the date set for the hearing of the application.

> RERB Chairman shall immediately notify the Applicant, or his authorized representative, of the objection

>> How? Personally, or by registered mail (together with copies of the objection and supporting docs)

> The Applicant should file a Sworn Answer that clearly states his defenses

>> When? Within 5 days of receipt of the objection >> Sworn? If the Answer is executed abroad: must be sworn to before a Consular Officer. If sworn to before a non-Consular Officer, must be authenticated by the Post. >> If executed in the PHL, can be sworn to before any person authorized to administer oaths

MODULE IObjections----------------> If filed by registered mail, postmark date shall be the date of filing.

>> PROVIDED: that answers to objections to applications filed from 1 to 31 October 2012, shall be received by the RERB not later than 29 November 2012.

> RERB Chairman shall immediately forward the application to the Board for decision:

>> If no objection is filed;>> Once an Answer has been filed; or>> Once the period for filing an Answer has lapsed (5

days)

MODULE IApplication Disapproved----------------Notice sent to applicant or his authorized representative

Within 3 daysBy registered mailStating reasons for disapproval

MODULE IApplication Approved----------------Post the list of approved applicationsAt the COAV OfficeOn the COMELEC websiteOn the DFA-AVS website

on the day following the approval of the applications

The RERB Chairman shall direct the ITD to include the names of the approved applicants in the

NROAV

MODULE IMODULE 4----------------InclusionsExclusionsOther remedies

MODULE IRemedy forDisapproved Application ----------------

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

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

When to file? > within 10 days from receipt of the notice of denial

Where to file? > With the proper MetropolitanTrial Court in Manila

The Courts has to decide the case within 15 days from the filing of the

petition for inclusion.

If the Court fails to do so, the decision of the RERB is considered

AFFIRMED with finality.

MODULE IPetition forExclusion*----------------Who may file?

> Any interested party may file a verified petition for the exclusion from the NROAV of a registered or certified Overseas Absentee Voter

When to file?

> Not later than 14 Nov 2012

Where to file? > With the proper Metropolitan Trial Court in Manila

The Courts has to decide the case within 15 days from the filing of the

petition for inclusion.

If the Court fails to do so, the decision of the RERB is considered

AFFIRMED with finality.

If the petition is granted, the RERB shall cancel the registration record

of the OAVoter concerned

*The Commission may make the necessary representation before the

Court Administrator for the designation of special courts that shall hear and decide exclusion

and inclusion cases

MODULE IMODULE 5----------------Transfer of Registration Records

MODULE ITransfer of RegistrationPHL----------------Transfer within the same city or municipality

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

Transfer of RegistrationAbroad----------------Transfer from one Post to another

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

MODULE IProcedure forTransfer of RegistrationRecords----------------Applicant accomplishes OAVF No. 1B> Attach photocopy of passport> or other legal ID

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

MODULE I

OAVF No. 1B –Letter-

Reques t for Trans fer of

Regis tration Record

MODULE ITransfer of RegistrationRecords - Abroad----------------Post or Local Field Reg. Center shall:

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

COAV Chairman action on the application for transfer

> Approve > Disapprove

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

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

> WHEN: October 31, 2011 – October 15, 2012> WHERE: COAV / Local Field Reg. Center / OEO > HOW: Accomplish OAVF No. 1B

The COAV shall:

> Verify if the applicant is included in the NROAV> If the applicant is in the NROAV, the COAV Chair APPROVES.

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

MODULE IChange of Address or Withdrawal of Application Pending Approval

----------------> WHO MAY FILE: An applicant for registration/certification whose application:>> Has been forwarded to the COAV but have not yet been acted upon by the RERB

> WHAT TO FILE: >> OAVF No. 1H (Change of Address to another Post); or>> OAVF No. 1F (Withdrawal of previous application)

>>> In both cases, attach a photocopy of passport or other legal ID

> WHEN: On or before October 31, 2010> WHERE: At the post where the application was originally filed; or

at the post with jurisdiction over the new address

The Post shall send all verified forms to COAV for action.

MODULE IOAVF No. 1F

–Letter-Reques t to

Withdraw the Application for Regis tration/ Certification

Pending Approval

MODULE IOAVF No. 1H –Application for Change of Addres s

MODULE IChange of Address or Withdrawal of Application Pending Approval

----------------> Application subject of withdrawals

>> Post will disregard said applications if NOT YET transmitted to the COAV

>> Applicant’s data shall be deleted from the VRM

>>> BUT: applicant may still apply to POST where he intends to vote.

MODULE IChange of Address from one Residence to another within the jurisdiction of the same Post and country

----------------> WHO MAY FILE: Registered Voter

> WHAT TO FILE: OAVF No. 1H

> WHEN: Not later than November 29, 2012

> WHERE: At the post concerned

The COMELEC Rep shall

>> approve or disapprove the application>> furnish the COAV and the OAVS with a copy

of the approval or disapproval >> within 3 days from the date of the decision.

MODULE IMODULE 7

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

MODULE IDeactivation of records----------------

Grounds> Sentenced by final judgment to suffer imprisonment of not less than one (1) year;

> Declared insane or incompetent

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

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

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

MODULE I

Monthly

> Who have lost Filipino citizenship > Declared insane or incompetent by competent authority abroad, and> Convicted by final judgments issued by foreign courts or tribunals but only on basis of reciprocity, subject to formalities and processes prescribed by the Rules of Court on execution of judgments

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

Sandiganbayan, RTCsMTCs

MeTCs

Deactivation of records----------------

MODULE IProcedure for Deactivation----------------COAV (On monthly basis) shall:

> Provide RERB w/ lists submitted by DFA & Clerks of Courts.

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

COAV shall: > Post list of deactivated voters at the Office of the COAV and

the websites of the COMELEC and the DFA> Send individual notices to concerned voter or his representative

Procedure for Reactivation of Registration Records

MODULE IOAVF No. 1G –Application

for Reactivation

of Regis tration

Records

MODULE IRemove/Delete/Cancel----------------Grounds> Those who filed a sworn letter to the COMELEC requesting

>> removal from NROAV; or>> transfer to regular voter list

> Failed to vote in 2 consecutive National Elections

> Immigrants & permanent residents who:>> failed to resume actual physical & permanent residence in the PHL

>> made misrepresentations in their affidavits as to their application for citizenship in another country

> Death, as certified by the post or the Local Civil Registrar

MODULE IProcedure for Removal/Deletion----------------

COAV shall: > Update the voting history of every OAVoter, per post, per country > Prepare an updated list

>> OAVoters who failed to vote in the immediately preceding 2 successive national elections

>> OAVoters who requested for removal from the NROAV >> Immigrants/permanent residents who registered for the 2004 National Elections but failed to resume actual physical permanent residence in the Philippines

>> Those who died, as certified by the Post & Local Civil Registrar

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

consecutive national elections

MODULE IProcedure for Removal / Deletion

----------------After receipt of the lists from COAV:

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

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

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

PHL>> died

MODULE IProcedure for Removal / Deletion

----------------Upon receipt of Orders from the En Banc & COAV Chair:

> The COAV shall prepare the list of those whose registrations are to be removed /cancelled/ deleted

>> indicating the reasons>> indicating the period to contest the order

With ITD assistance, the COAV shall carry out the orders

The COAV shall post the list of those removed/cancelled/deleted at:

>> the COAV office >> the COMELEC and DFA websites

MODULE IMODULE 8

----------------Inclusion in the NROAV Inadvertent Exclusion CorrectionsPreparation of CLOAV

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

> NROAV >> alphabetically, regardless of location > ROAV >> alphabetically >> by city or municipality where the

registrant is domiciled in the PHL

For purposes of the 13 May 2013 National Elections, the NROAV shall be prepared

NOT LATER THAN 14 DECEMBER 2012

MODULE IInadvertent exclusion from the NROAV;Registration with an erroneous or misspelled name

----------------> WHO MAY FILE: Any affected register OAVoter or authorized rep

> WHAT TO FILE: >> OAVF No. 1D – Application for reinstatement >> OAVF No. 1E – Correction of name

> WHEN: Not later than December 14, 2012

> WHERE: >> With the COAV >> At the Post with jurisdiction over the OAVoter’s residence

Application for correction of entries due to errors in encoding shall be

ALLOWED ONLY UNTIL 14 DECEMBER 2012

MODULE IOAVF No. 1D –Application

for Reins tatemen

t in the NROAV

MODULE IOAVF No. 1E –Application

for Correction of Name

MODULE IPreparation and Posting of CLOAV----------------Commission shall: > Prepare an updated CLOAV on a per Post & Country basis by 13 January

2013 > Furnish all Posts, within the same period, with soft and hard copies

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

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

BAS IC FEATURES OF OVERS EAS ABS ENTEE VOTING IN THE PHILIPPINES