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BASIC FEATURES OF OVERSEAS ABSENTEE VOTING IN THE PHILIPPINES. MODULE I. MODULE 1. ---------------GENERAL PROVISIONS. Legal Basis. MODULE I. ----------------. Sec. 2, Art. V, 1987 Constitution:

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module i
MODULE I

MODULE 1

---------------GENERAL

PROVISIONS

module i1

Legal Basis

MODULE I

----------------

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 i2
MODULE I

Implementors

---------------------

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 i3
MODULE I

Registration

----------------

Sec. 7, Par. 1, RA 9189:

The Commission shall ensure that the benefits of the system of continuing registration are extended to qualified overseas absentee voters

POLICY

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

module i4
MODULE I

Notice

----------------

  • REQUIREMENTS

NOTICE OF REGISTRATION AND ELECTION

TO ALL FILIPINO CITIZENS

All citizens of the Philippines abroad, not otherwise disqualified by law, at least eighteen (18) years of age on the day of the election, andwho wish to votefor Senators and Party-List Representatives for purposes of the May 13, 2013National 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.phwww.comelec.gov.ph

Hotlines: +6328330914, +6328328363 Hotlines: +6325222251, +6325212952, +6325239924

PLACE, DATE, TIME

module i5
MODULE I

Publication & 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 i6
MODULE I

Publication & Posting of Notice

----------------

  • Information and
  • Education Materials
    • Developed by COAV
      • With the COMELEC-EID
      • With the DFA-OAVS
module i7
MODULE I

Period to File

----------------

  • 31 October 2011 to 31 October 2012
  • At least 5 days/week
  • Need not be on Mon to Fri
  • Posts to determine
  • DFA-OAVS recommends
  • COAV Chairman approves
  • TIME FOR FILING
  • Only during designated days
  • Minimum of 8 hours
module i8
MODULE I

No registration

----------------

  • Holidays in the Philippines
  • except Holidays in the host country
  • Only upon request of the Post
  • With the favorable recommendation of the DFA-
  • OAVS
  • Upon approval of the COAV Chairman
module i9
MODULE I

Where 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 i10
MODULE I

Field 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 i11
MODULE I

Field or Mobile Registration

----------------

  • Requirements
    • Undertaken by authorized COMELEC reps
    • Mobile registration must be at no cost to the COMELEC
    • Field registration must be approved by the COAV Chairman
    • Field registration must be at minimal cost to the COMELEC
    • VRMs used must be taken from current inventory of VRMs at the Post
    • Registration at the post must not be affected
module i12
MODULE I

Who 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 i13
MODULE I

Who 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 Returndeclaring that: they will resume actual physical permanent residence in the Philippines; and that they have not applied for citizenship in another country.
who may not register disqualifications
Who May Not Register(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 register disqualifications1
Who May Not Register(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 i14

Requirements for Registration*

MODULE I

------------------

  • > 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 Immigration
  • Seafarers
  • > 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 i15
MODULE I

MODULE 2

----------------

REGISTRATION PROCEDURES

slide21

Processes

----------------

module i16
MODULE I

Procedures

----------------

  • > 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 i17

Procedure #1

MODULE I

----------------

module i18
MODULE I

Procedure #2

----------------

**VRM Scenarios

module i19
MODULE I

Procedure #3

----------------

module i20

Procedure #4

MODULE I

----------------

module i21
MODULE I

Procedure #5

----------------

module i22

Procedure #6

MODULE I

----------------

> The COAV shall:

module i23
MODULE I

MODULE 3

----------------

RERB

Hearings on Applications

Objections

module i24
MODULE I

RERB

----------------

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 i26
MODULE I

Hearing 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
module i27

Objections

MODULE I

----------------

  • > Who may file? Any interested party. Ex: Voter, Political party, Watcher, Citizen’s Arm
  • >>When? On or before the date set for the hearing of the application.
  • > RERB Chairman shall immediately notify the Applicant, or his authorized representative, of the objection
  • >>How? Personally, or by registered mail (together with copies of the objection and supporting docs)
  • > The Applicant should file a Sworn Answer that clearly states his defenses
  • >>When? Within 5 days of receipt of the objection
  • >> Sworn? If the Answer is executed abroad: must be sworn to before a Consular Officer. If sworn to before a non-Consular Officer, must be authenticated by the Post.
  • >>If executed in the PHL, can be sworn to before any person
  • authorized to administer oaths
module i28

Objections

MODULE I

----------------

  • > If filed by registered mail, postmark date shall be the date of filing.
  • >>PROVIDED: that answers to objections to applications filed from 1 to 31 October 2012, shall be received by the RERB not later than 29 November 2012.
  • > RERB Chairman shall immediately forward the application to the Board for decision:
  • >>If no objection is filed;
  • >>Once an Answer has been filed; or
  • >>Once the period for filing an Answer has lapsed (5 days)
module i29
MODULE I

Application Disapproved

----------------

  • Notice sent to applicant or his
  • authorized representative
  • Within 3 days
  • By registered mail
  • Stating reasons for disapproval
module i30
MODULE I

Application

Approved

----------------

  • Post the list of approved applications
  • At the COAV Office
  • On the COMELEC website
  • On the DFA-AVS website
  • on the day following the approval of the applications

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

module i31
MODULE I

MODULE 4

----------------

Inclusions

Exclusions

Other remedies

module i32
MODULE I

Remedy for

Disapproved Application

----------------

  • Motion for Reconsideration
  • file within 5 days from receipt of notice of disapproval
  • RERB has 5 days to decide
  • If RERB gives due course to the Motion for Reconsideration the name of the applicant will be entered into the NROAV
module i33
MODULE I

Petition for

Inclusion*

----------------

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 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.

module i34
MODULE I

Petition for

Exclusion*

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

----------------

  • 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 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 i35
MODULE I

MODULE 5

----------------

Transfer of

Registration Records

module i36
MODULE I

Transfer of Registration

Abroad

Transfer of Registration

PHL

----------------

----------------

Transfer from one Post to another

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

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

module i37
MODULE I

Procedure for

Transfer of Registration

Records

----------------

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 i38
MODULE I

Transfer of Registration

Records - Abroad

----------------

Post or Local Field Reg. Center shall:

> Prepare list of transfer applicants

> Transmit to COAV

>> Lists of names of applicants

>> Accomplished OAVF No. 1B and OAVF No. 1, if any

>> Finalized CDs

COAV Chairman action on the application for transfer

> Approve

> Disapprove

module i39
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 i40
MODULE I

MODULE 6

----------------

Change of Address or Withdrawal of Application

Pending Approval

module i41
MODULE I

Change of Address or Withdrawal of Application Pending Approval

----------------

  • >WHO MAY FILE: An applicant for registration/certification whose application:
  • >> Has been forwarded to the COAV but have not yet been acted upon by the RERB
  • >WHAT TO FILE:
  • >> OAVF No. 1H (Change of Address to another Post); or
  • >> OAVF No. 1F (Withdrawal of previous application)
  • >>> In both cases, attach a photocopy of passport or
  • other legal ID
  • >WHEN: On or before October 31, 2010
  • >WHERE:At the post where the application was originally filed; or
  • at the post with jurisdiction over the new address
  • The Post shall send all verified forms to COAV for action.
module i42
MODULE I

Change of Address or Withdrawal of Application

Pending Approval

----------------

  • > Application subject of withdrawals
  • >> Post will disregard said applications if NOT YET
  • transmitted to the COAV
  • >> Applicant’s data shall be deleted from the VRM
  • >>> BUT: applicant may still apply to POST where he intends to vote.
module i43
MODULE I

Change 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 i44
MODULE I

MODULE 7

----------------

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

module i45
MODULE I

Deactivation 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 i46

Deactivation of

records

MODULE I
  • > 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

----------------

Sandiganbayan,

RTCs

MTCs

MeTCs

Monthly

  • > 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

COAV

module i47
MODULE I

Procedure 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

module i48
MODULE I

Remove/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 i49
MODULE I

Procedure 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 i50
MODULE I

Procedure 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 i51
MODULE I

Procedure 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 i52
MODULE I

MODULE 8

----------------

Inclusion in the NROAV Inadvertent Exclusion Corrections

Preparation of CLOAV

module i53
MODULE I

Inclusion 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 i54
MODULE I

Inadvertent exclusion from the NROAV;

Registration with an erroneous or misspelled name

----------------

  • >WHO MAY FILE: Any affected register OAVoter or authorized rep
  • >WHAT TO FILE:
  • >> OAVF No. 1D – Application for reinstatement
  • >> OAVF No. 1E – Correction of name
  • >WHEN: Not later than December 14, 2012
  • >WHERE:
  • >> With the COAV
  • >> At the Post with jurisdiction over the OAVoter’s residence

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

ALLOWED ONLY UNTIL 14 DECEMBER 2012

module i55
MODULE I

Preparation and Posting of CLOAV

----------------

Commission shall:

> Prepare an updated CLOAV on a per Post & Country basis by 13 January 2013

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

Posts shall:

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

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

slide63

THANK YOU

BASIC FEATURES OF OVERSEAS ABSENTEE VOTING IN THE PHILIPPINES

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