overseas absentee voting in the philippines by comelec
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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
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