Republic of the Philippines Congress of the Philippines Metro Manila Twelfth Congress Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand two. Republic Act No. 9189 Februar 1!" #$$!

AN ACT PR%&'('N) F%R A S*ST+, %F %&+RS+AS A-S+NT++ &%T'N) -* ./A0'F'+( C'T'1+NS %F T2+ P2'0'PP'N+S A-R%A(" APPR%PR'AT'N) F/N(S T2+R+F%R" AN( F%R %T2+R P/RP%S+S Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Short Title. This Act shall be known as The !"erseas Absentee #oting Act of $%%&. Sec. #. 'eclaration of (olicy. )t is the *ri+e duty of the State to *ro"ide a syste+ of honest and orderly o"erseas absentee "oting that u*holds the secrecy and sanctity of the ballot. Towards this end, the State ensures e,ual o**ortunity to all ,ualified citi-ens of the (hili**ines abroad in the e.ercise of this funda+ental right. Sec. !. 'efinition of Ter+s. /or *ur*oses of this Act: a. Absentee #oting refers to the *rocess by which ,ualified citi-ens of the (hili**ines abroad e.ercise their right to "ote0 b. 1o++ission refers to the 1o++ission on 2lections0 c. 1ertified 3ist of !"erseas Absentee #oters refers to the list of registered o"erseas absentee "oters whose a**lications to "ote in absentia ha"e been a**ro"ed by the 1o++ission, said list to be *re*ared by the 1o++ittee on Absentee #oting of the 1o++ission, on a country-by-country basis. This list shall be a**ro"ed by the 1o++ission in an en banc resolution0 d. 'ay of 2lection refers to the actual date of elections in the (hili**ines0 e. 4ational 5egistry of Absentee #oters refers to the consolidated list *re*ared, a**ro"ed and +aintained by the 1o++ission, of o"erseas absentee "oters whose a**lications for registration as absentee "oters, including those registered "oters who

ha"e a**lied to be certified as absentee "oters, ha"e been a**ro"ed by the 2lection 5egistered Board0 f. !"erseas Absentee #oter refers to a citi-en of the (hili**ines who is ,ualified to register and "ote under this Act, not otherwise dis,ualified by law, who is abroad on the day of elections. Sec. 3. 1o"erage. All citi-ens of the (hili**ines abroad, who are not otherwise dis,ualified by law, at least eighteen 6789 years of age on the day of elections, +ay "ote for *resident, "ice*resident, senators and *arty-list re*resentati"es. Sec. 4. 'is,ualifications. The following shall be dis,ualified fro+ "oting under this Act: 7. Those who ha"e lost their /ili*ino citi-enshi* in accordance with (hili**ine laws0 $. Those who ha"e e.*ressly renounced their (hili**ine citi-enshi* and who ha"e *ledged allegiance to a foreign country0 &. Those who ha"e co++itted and are con"icted in a final :udg+ent by a court or tribunal of an offense *unishable by i+*rison+ent of not less than one 679 year, including those who ha"e co++itted and been found guilty of 'isloyalty as defined under Article 7&; of the 5e"ised (enal 1ode, such disability not ha"ing been re+o"ed by *lenary *ardon or a+nesty0 (ro"ided, howe"er, That any *erson dis,ualified to "ote under this subsection shall auto+atically ac,uire the right to "ote u*on e.*iration of fi"e 6<9 years after ser"ice of sentence0 (ro"ided, further, That the 1o++ission +ay take cogni-ance of final :udg+ents issued by foreign courts or tribunals only on the basis of reci*rocity and sub:ect to the for+alities and *rocesses *rescribed by the 5ules of 1ourt on e.ecution of :udg+ents0 =. An i++igrant or a *er+anent resident who is recogni-ed as such in the host country, unless he>she e.ecutes, u*on registration, an affida"it *re*ared for the *ur*ose by the 1o++ission declaring that he>she shall resu+e actual *hysical *er+anent residence in the (hili**ines not later than three 6&9 years fro+ a**ro"al of his>her registration under this Act. Such affida"it shall also state that he>she has not a**lied for citi-enshi* in another country. /ailure to return shall be the cause for the re+o"al of the na+e of the i++igrant or *er+anent resident fro+ the 4ational 5egistry of Absentee #oters and his>her *er+anent dis,ualification to "ote in absentia. <. Any citi-en of the (hili**ines abroad *re"iously declared insane or inco+*etent by co+*etent authority in the (hili**ines or abroad, as "erified by the (hili**ine e+bassies, consulates or foreign ser"ice establish+ents concerned, unless such co+*etent authority subse,uently certifies that such *erson is no longer insane or inco+*etent. Sec. 5. (ersonal !"erseas Absentee 5egistration. 5egistration as an o"erseas absentee "oter shall be done in *erson.

?ualified citi-ens of the (hili**ines abroad who failed to register under 5e*ublic Act 4o. 878@, otherwise known as the The #oters 5egistration Act of 7@@A , +ay *ersonally a**ly for registration with the 2lection 5egistration Board of the city or +unici*ality where they were do+iciled i++ediately *rior to their de*arture fro+ the (hili**ines, or with the re*resentati"e of the 1o++ission at the (hili**ine e+bassies, consulates and other foreign ser"ice establish+ents that ha"e :urisdiction o"er the locality where they te+*orarily reside. Sub:ect to the s*ecific guidelines herein *ro"ided, the 1o++ission is hereby authori-ed to *rescribe additional *rocedures for o"erseas absentee registration *ursuant to the *ro"isions of 5e*ublic Act 4o. 878@, whene"er a**licable, taking into strict consideration the ti+e -ones and the "arious *eriods and *rocesses herein *ro"ided for the *ro*er i+*le+entation of this Act. The e+bassies, consulates and other foreign ser"ice establish+ents shall trans+it within 6<9 days fro+ recei*t the acco+*lished registration for+s to the 1o++ission, after which the 1o++ission shall coordinate with the 2lection !fficer of the city or +unici*ality of the a**licantBs stated residence for "erification, hearing and annotation in the *er+anent list of "oters. All a**lications for the May, $%%= elections shall be filed with the 1o++ission not later than two hundred eighty 6$8%9 calendar days before the day of elections. /or succeeding elections, the 1o++ission shall *ro"ide for the *eriod within which a**lications to register +ust be filed. )n the case of seafarers, the 1o++ission shall *ro"ide a s*ecial +echanis+ for the ti+e and +anner of *ersonal registration taking into consideration the nature of their work. A.7. C*on recei*t of the a**lication for registration, the 2lection !fficer shall i++ediately set the a**lication for hearing, the notice of which shall be *osted in a cons*icuous *lace in the *re+ises of the city or +unici*al building of the a**licantBs stated residence for at least one 679 week before the date of the hearing. The 2lection !fficer shall i++ediately furnish a co*y of the a**lication to the designated re*resentati"es of *olitical *arties and other accredited grou*s. A.$. )f no "erified ob:ection to the a**lication is filed, the 2lection !fficer shall i++ediately forward the a**lication to the 2lection 5egistration Board, which shall decide on the a**lication within one 679 week fro+ the date of hearing without waiting for the ,uarterly +eeting of the Board. The a**licant shall be notified of the a**ro"al or disa**ro"al of his>her a**lication by registered +ail. A.&. )n the e"ent that an ob:ection to the a**lication is filed *rior to or on the date of hearing, the 2lection !fficer shall notify the a**licant of said ob:ection by registered +ail, enclosing therein co*ies of affida"its or docu+ents sub+itted in su**ort of the ob:ection filed with the said 2lection !fficer, if any. The a**licant shall ha"e the right to file his counter-affida"it by registered +ail, clearly stating therein facts and defenses sworn before any officer in the host country authori-ed to ad+inister oaths. A.=. The a**lication shall be a**ro"ed or disa**ro"ed based on the +erits of the ob:ection, counter-affida"it and docu+ents sub+itted by the *arty ob:ecting and those of the a**licant.

A.< A 1ertificate of 5egistration as an o"erseas absentee "oter shall be issued by the 1o++ission to all a**licants whose a**lications ha"e been a**ro"ed, including those certified as registered "oters. The 1o++ission shall include the a**ro"ed a**lications in the 4ational 5egistry of Absentee #oters. A.A. )f the a**lication has been a**ro"ed, any interested *arty +ay file a *etition for e.clusion not later than two hundred ten 6$7%9 days before the day of elections with the *ro*er +unici*al or +etro*olitan trial court. The *etition shall be decided within fifteen 67<9 days after its filing on the basis of the docu+ents sub+itted in connection therewith. Should the court fail to render a decision within the *rescribed *eriod, the ruling of the 2lection 5egistration Board shall be considered affir+ed. A.;. )f the a**lication has been disa**ro"ed, the a**licant or his authori-ed re*resentati"e shall, within a *eriod of fi"e 6<9 days fro+ recei*t of the notice of disa**ro"al, ha"e the right to file a *etition for inclusion with the *ro*er +unici*al or +etro*olitan trial court. The *etition shall be decided within fi"e 6<9 days after its filing on the basis of docu+ents sub+itted in connection therewith. ?ualified citi-ens of the (hili**ines abroad, who ha"e *re"iously registered as "oters *ursuant to 5e*ublic Act 4o. 878@ shall a**ly for certification as absentee "oters and for inclusion in the 4ational 5egistry of !"erseas Absentee #oters, with a corres*onding annotation in the 1ertified #otersB 3ist. Sec. 6. Syste+ of 1ontinuing 5egistration. The 1o++ission shall ensure that the benefits of the syste+ of continuing registration are e.tended to ,ualified o"erseas absentee "oters. Towards this end, the 1o++ission shall o*ti+i-e the use of e.isting facilities, *ersonnel and +echanis+s of the "arious go"ern+ent agencies for *ur*oses of data gathering, data "alidation, infor+ation disse+ination and facilitation of the registration *rocess. (re-de*arture *rogra+s, ser"ices and +echanis+s offered and ad+inistered by the 'e*art+ent of /oreign Affairs, 'e*art+ent of 3abor and 2+*loy+ent, (hili**ine !"erseas 2+*loy+ent Ad+inistration, !"erseas DorkersB Delfare Ad+inistration, 1o++ission on /ili*inos !"erseas and other a**ro*riate agencies of the go"ern+ent shall be utili-ed for *ur*oses of su**orting the o"erseas absentee registration and "oting *rocesses, sub:ect to li+itations i+*osed by law. Sec. 8. 5e,uire+ents for 5egistration. 2"ery /ili*ino registrant shall be re,uired to furnish the following docu+ents: a. A "alid (hili**ine *ass*ort. )n the absence of a "alid *ass*ort, a certification of the 'e*art+ent of /oreign Affairs that it has re"iewed the a**ro*riate docu+ents sub+itted by the a**licant and found the+ sufficient to warrant the issuance of a *ass*ort, or that the a**licant is a holder of a "alid *ass*ort but is unable to *roduce the sa+e for a "alid reason0 b. Acco+*lished registration for+ *rescribed by the 1o++ission containing the following +andatory infor+ation:

i. 3ast known residence of the a**licant in the (hili**ines before lea"ing for abroad0 ii. Address of a**licant abroad, or forwarding address in the case of seafarers0 iii. Dhere "oting by +ail is allowed, the a**licantBs +ailing address outside the (hili**ines where the ballot for absentee "oters will be sent, in *ro*er cases0 and0 i". 4a+e and address of a**licantBs authori-ed re*resentati"e in the (hili**ines for *ur*oses of Section A.; and Section 7$ hereof. c. )n the case of i++igrants and *er+anent residents not otherwise dis,ualified to "ote under this Act, an affida"it declaring the intention to resu+e actual *hysical *er+anent residence in the (hili**ines not later than three 6&9 years after a**ro"al of his>her registration as an o"erseas absentee "oter under this Act. Such affida"it shall also state that he>she has not a**lied for citi-enshi* in another country. The 1o++ission +ay also re,uire additional data to facilitate registration and recording. 4o infor+ation other than those necessary to establish the identity and ,ualification of the a**licant shall be re,uired. Sec. 9. 4ational 5egistry of !"erseas Absentee #oters. The 1o++ission shall +aintain a 4ational 5egistry of !"erseas Absentee #oters. A**ro"ed a**lications of o"erseas absentee registrants shall also be included in the *er+anent list of "oters of the city or +unici*ality where the registrant is do+iciled, with the corres*onding annotation that such *erson has been registered or will be "oting as an o"erseas absentee "oter. The registry shall also include those registered under 5e*ublic Act 4o. 878@ and who ha"e been issued certifications as o"erseas absentee "oters. The entries in the 4ational 5egistry of !"erseas Absentee #oters and the annotations as o"erseas absentee "oters in the 1ertified #otersB 3ist shall be *er+anent, and cannot be cancelled or a+ended e.ce*t in any of the following cases: @.7. Dhen the o"erseas absentee "oter files a letter under oath addressed to the 1o++ission that he>she wishes to be re+o"ed fro+ the 5egistry of !"erseas Absentee #oters, or that his>her na+e be transferred to the regular registry of "oters0 or, @.$. Dhen an o"erseas absentee "oterBs na+e was ordered re+o"ed by the 1o++ission fro+ the 5egistry of !"erseas Absentee #oters for his>her failure to e.ercise his>her right to "ote under this Act for two 6$9 consecuti"e national elections. Sec. 1$. 4otice of 5egistration and 2lection. The 1o++ission shall, through the e+bassies, consulates and other foreign ser"ice establish+ents, cause the *ublication in a news*a*er of general circulation of the *lace, date and ti+e of the holding of a regular or s*ecial national election and the re,uire+ents for the *artici*ation of ,ualified citi-ens of the (hili**ines abroad, at least si. 6A9 +onths before the date set for the filing of a**lications for registration.

The 1o++ission shall deter+ine the countries where *ublication shall be +ade, and the fre,uency thereof, taking into consideration the nu+ber of o"erseas /ili*inos *resent in such countries. 3ikewise, the 1o++ission and the 'e*art+ent of /oreign Affairs shall *ost the sa+e in their res*ecti"e websites. Sec. 11. (rocedure for A**lication to #ote in Absentia. 77.7. 2"ery ,ualified citi-en of the (hili**ines abroad whose a**lication for registration has been a**ro"ed, including those *re"iously registered under 5e*ublic Act 4o. 878@, shall, in e"ery national election, file with the officer of the e+bassy, consulate or other foreign ser"ice establish+ent authori-ed by the 1o++ission, a sworn written a**lication to "ote in a for+ *rescribed by the 1o++ission. The authori-ed officer of such e+bassy, consulate or other foreign ser"ice establish+ent shall trans+it to the 1o++ission the said a**lication to "ote within fi"e 6<9 days fro+ recei*t thereof. The a**lication for+ shall be acco+*lished in tri*licate and sub+itted together with the *hotoco*y of his>her o"erseas absentee "oter certificate of registration. 77.$. 2"ery a**lication to "ote in absentia +ay be done *ersonally at, or by +ail to, the e+bassy, consulate or foreign ser"ice establish+ent, which has :urisdiction o"er the country where he>she has indicated his>her address for *ur*oses of the elections. 77.&. 1onsular and di*lo+atic ser"ices rendered in connection with the o"erseas absentee "oting *rocesses shall be +ade a"ailable at no cost to the o"erseas absentee "oter. Sec. 1#. #erification and A**ro"al of A**lication to #ote. All a**lications shall be acted u*on by the 1o++ission u*on recei*t thereof, but in no case later than one hundred fifty 67<%9 days before the day of elections. )n the e"ent of disa**ro"al of the a**lication, the "oter or his authori-ed re*resentati"e +ay file a Motion for 5econsideration with the 1o++ission *ersonally, or by registered +ail, within ten 67%9 days fro+ recei*t of the notice of disa**ro"al. The 1o++ission shall act within fi"e 6<9 days fro+ recei*t of such Motion for 5econsideration and shall i++ediately notify the "oter of its decision. The decision of the 1o++ission shall be final and e.ecutory. The 1o++ission shall issue an o"erseas absentee "oter identification card to those whose a**lications to "ote ha"e been a**ro"ed. Sec. 1!. (re*aration and (osting of 1ertified 3ist of !"erseas Absentee #oters. The 1o++ission shall *re*are the 1ertified 3ist of !"erseas Absentee #oters within one hundred twenty 67$%9 days before e"ery election, and furnish within the sa+e *eriod co*ies thereof to the a**ro*riate e+bassies, consulates and other foreign ser"ice establish+ents, which shall *ost the sa+e in their bulletin boards within ten 67%9 days fro+ recei*t thereof. Sub:ect to reasonable regulation and the *ay+ent of fees in such a+ounts as +ay be fi.ed by the 1o++ission, the candidates, *olitical *arties, accredited citi-ensB ar+s, interested *ersons and all e+bassies, consulates and other foreign ser"ice establish+ents shall be furnished co*ies thereof.

Sec. 13. (rinting and Trans+ittal of Ballots, #oting )nstructions, 2lection /or+s and (ara*hernalia. 7=.7. The 1o++ission shall cause the *rinting of ballots for o"erseas absentee "oters, "oting instructions, and election for+s in such nu+ber as +ay be necessary, but in no case shall it e.ceed the total nu+ber of a**ro"ed a**lications. Security +arkings shall be used in the *rinting of ballots for o"erseas absentee "oters. 7=.$. The 1o++ission shall *resent to the authori-ed re*resentati"es of the 'e*art+ent of /oreign Affairs and the accredited +a:or *olitical *arties the ballots for o"erseas absentee "oters, "oting instructions, election for+s and other election *ara*hernalia for scrutiny and ins*ection *rior to their trans+ittal to the e+bassies, consulates and other foreign ser"ice establish+ents concerned. 7=.&. The 1o++ission shall, not later than se"enty-fi"e 6;<9 days before the day of elections, trans+it by s*ecial *ouch to the e+bassies, consulates and other foreign ser"ice establish+ents, the e.act nu+ber of ballots for o"erseas absentee "oters corres*onding to the nu+ber of a**ro"ed a**lications, along with such +aterials and election *ara*hernalia necessary to ensure the secrecy and integrity of the election. 7=.=. The authori-ed re*resentati"es of accredited +a:or *olitical *arties shall ha"e the right to be *resent in all *hases of *rinting, trans+ittal, and casting of ballots abroad. Cnclai+ed ballots *ro*erly +arked as such, shall be cancelled and shi**ed to the 1o++ission by the least costly +ethod. Sec. 14. 5egulation on 1a+*aigning Abroad. The use of ca+*aign +aterials, as well as the li+its on ca+*aign s*ending shall be go"erned by the laws and regulations a**licable in the (hili**ines. Sec. 15. 1asting and Sub+ission of Ballots. 7A.7. C*on recei*t by the designated officer of the e+bassy, consulate and other foreign ser"ice establish+ents of the ballots for o"erseas absentee "oters, "oting instructions, election for+s and other *ara*hernalia, he>she shall +ake the+ a"ailable on the *re+ises to the ,ualified o"erseas absentee "oters in their res*ecti"e :urisdictions during the thirty 6&%9 days before the day of elections when o"erseas absentee "oters +ay cast their "ote. )++ediately u*on recei"ing it, the o"erseas absentee "oter +ust fill-out his>her ballot *ersonally, in secret, without lea"ing the *re+ises of the e+bassies, consulates and other foreign ser"ice establish+ents concerned. 7A.$. The o"erseas absentee "oter shall *ersonally acco+*lish his>her ballot at the e+bassy, consulate or other foreign ser"ice establish+ent that has :urisdiction o"er the country where he>she te+*orarily resides or at any *olling *lace designated and accredited by the 1o++ission.

7A.&. The o"erseas absentee "oter shall cast his ballot, u*on *resentation of the absentee "oter identification card issued by the 1o++ission, within thirty 6&%9 days before the day of elections. )n the case of seafarers, they shall cast their ballots anyti+e within si.ty 6A%9 days before the day of elections as *rescribed in the )+*le+enting 5ules and Euidelines. 7A.=. All acco+*lished ballots recei"ed shall be *laced uno*ened inside sealed containers and ke*t in a secure *lace designated by the 1o++ission. 7A.<. The e+bassies, consulates and other foreign ser"ice establish+ents concerned shall kee* a co+*lete record of the ballots for o"erseas absentee "oters, s*ecifically indicating the nu+ber of ballots they actually recei"ed, and in cases where "oting by +ail is allowed under Section 7; hereof, the na+es and addresses of the "oters to who+ these ballots were sent, including *roof of recei*t thereof. )n addition, the e+bassies, consulates and other foreign ser"ice establish+ents shall sub+it a for+al re*ort to the 1o++ission and the Joint 1ongressional !"ersight 1o++ittee created under this Act within thirty 6&%9 days fro+ the day of elections. Such re*ort shall contain data on the nu+ber of ballots cast and recei"ed by the offices, the nu+ber of in"alid and unclai+ed ballots and other *ertinent data. 7A.A. The o"erseas absentee "oter shall be instructed that his>her ballot shall not be counted if it is not inside the s*ecial en"elo*e furnished hi+>her when it is cast. 7A.;. Ballots not clai+ed by the o"erseas absentee "oters at the e+bassies, consulates and other foreign ser"ice establish+ents, in case of *ersonal "oting, and ballots returned to the e+bassies, consulates and other foreign ser"ice establish+ents concerned, in the case of "oting by +ail, shall be cancelled and shi**ed to the 1o++ission by the least costly +ethod within si. 6A9 +onths fro+ the day of elections. 7A.8. !nly ballots cast, and +ailed ballots recei"ed by the (hili**ine e+bassies, consulates and other foreign ser"ice establish+ents concerned in accordance with Section 7; hereof before the close of "oting on the day of elections shall be counted in accordance with Section 78 hereof. All en"elo*es containing the ballots recei"ed by the e+bassies, consulates and other foreign ser"ice establish+ents after the *rescribed *eriod shall not be o*ened, and shall be cancelled and shi**ed to the 1o++ission by the least costly +ethod within si. 6A9 +onths fro+ the day of elections. 7A.@. A S*ecial Ballot 5ece*tion and 1ustody Erou* co+*osed of three 6&9 +e+bers shall be constituted by the 1o++ission fro+ a+ong the staff of the e+bassies, consulates and other foreign ser"ice establish+ents concerned, including their attached agencies, and citi-ens of the (hili**ines abroad, who will be de*uti-ed to recei"e ballots and take custody of the sa+e *re*aratory to their trans+ittal to the S*ecial Boards of 2lection )ns*ectors. 7A.7%. 'uring this *hase of the election *rocess, the authori-ed re*resentati"es of the *olitical *arties, candidates, and accredited citi-ensB ar+s of the 1o++ission shall be notified in writing thereof and shall ha"e the right to witness the *roceedings.

7A.77. The 1o++ission shall study the use of electronic +ail, )nternet, or other secured networks in the casting of "otes, and sub+it a re*ort thereon to the Joint 1ongressional !"ersight 1o++ittee. Sec. 16. #oting by Mail. 7;.7. /or the May, $%%= elections, the 1o++ission shall authori-e "oting by +ail in not +ore than three 6&9 countries, sub:ect to the a**ro"al of the 1ongressional !"ersight 1o++ittee. #oting by +ail +ay be allowed in countries that satisfy the following conditions: a. Dhere the +ailing syste+ is fairly well-de"elo*ed and secure to *re"ent the occasion of fraud0 b. Dhere there e.ists a technically established identification syste+ that would *reclude +ulti*le or *ro.y "oting0 and, c. Dhere the syste+ of rece*tion and custody of +ailed ballots in the e+bassies, consulates and other foreign ser"ice establish+ents concerned are ade,uate and well-secured. Thereafter, "oting by +ail in any country shall be allowed only u*on re"iew and a**ro"al of the Joint 1ongressional !"ersight 1o++ittee. 7;.$. The o"erseas absentee "oters shall send his>her acco+*lished ballot to the corres*onding e+bassy, consular or other foreign ser"ice establish+ent that has :urisdiction o"er the country where he>she te+*orarily resides. Fe>She shall be entitled to cast his>her ballot at any ti+e u*on his>her recei*t thereof, *ro"ided that the sa+e )s recei"ed before the close of "oting on the day of elections. The o"erseas absentee "oter shall be instructed that his>her ballot shall not be counted if not trans+itted in the s*ecial en"elo*e furnished hi+>her. 7;.&. !nly +ailed ballots recei"ed by the (hili**ine e+bassy, consulate and other foreign ser"ice establish+ents before the close of "oting on the day of elections shall be counted in accordance with Section 78 hereof. All en"elo*es containing the ballots recei"ed by the e+bassies, consulates and other foreign ser"ice establish+ents after the *rescribed *eriod shall not be o*ened, and shall be cancelled and dis*osed of a**ro*riately, with a corres*onding re*ort thereon sub+itted to the 1o++ission not later than thirty 6&%9 days fro+ the day of elections. Sec. 18. !n-Site 1ounting and 1an"assing. 78.7. The counting and can"assing of "otes shall be conducted on site in the country where the "otes were actually cast. The o*ening of the s*ecially-+arked en"elo*es containing the ballots and the counting and can"assing of "otes shall be conducted within the *re+ises of the e+bassies, consulates and other foreign ser"ice establish+ents or in

such other *laces as +ay be designated by the 1o++ission *ursuant to the )+*le+enting 5ules and 5egulations. The 1o++ission shall ensure that the start of counting in all *olling *laces abroad shall be synchroni-ed with the start of counting in the (hili**ines. 78.$. /or these *ur*oses, the 1o++ission shall constitute as +any S*ecial Boards of 2lection )ns*ectors as +ay be necessary to conduct and su*er"ise the counting of "otes as *ro"ided in Section 78.$ hereof. The S*ecial Boards of 2lection )ns*ectors to be constituted herein shall be co+*osed of a 1hair+an and two 6$9 +e+bers, one 679 of who+ shall be designated as *oll clerk. The a+bassador or consul-general, or any career *ublic officer *osted abroad designated by the 1o++ission, as the case +ay be, shall act as the chair+an0 in the absence of other go"ern+ent officers, the two 6$9 other +e+bers shall be citi-ens of the (hili**ines who are ,ualified to "ote under this act and de*uti-ed by the 1o++ission not later than si.ty 6A%9 days before the day of elections. All resolutions of the S*ecial Board of 2lection )ns*ectors on issues brought before it during the conduct of its *roceedings shall be "alid only when they carry the a**ro"al of the chair+an. )++ediately u*on the co+*letion of the counting, the S*ecial Boards of 2lection )ns*ectors shall trans+it "ia facsi+ile and>or electronic +ail the results to the 1o++ission in Manila and the accredited +a:or *olitical *arties. 78.&. !nly ballots cast on, or recei"ed by the e+bassies, consulates and other foreign ser"ice establish+ents before the close of "oting on the day of elections shall be included in the counting of "otes. Those recei"ed afterwards shall not be counted. 78.=. A S*ecial Board of 1an"assers co+*osed of a lawyer *referably of the 1o++ission as chair+an, a senior career officer fro+ any of the go"ern+ent agencies +aintaining a *ost abroad and, in the absence of another go"ern+ent officer, a citi-en of the (hili**ines ,ualified to "ote under this Act de*uti-ed by the 1o++ission, as "ice-chair+an and +e+ber-secretary, res*ecti"ely, shall be constituted to can"ass the election returns sub+itted to it by the S*ecial Boards of 2lection )ns*ectors. )++ediately u*on the co+*letion of the can"ass, the chair+an of the S*ecial Board of 1an"assers shall trans+it "ia facsi+ile, electronic +ail, or any other +eans of trans+ission e,ually safe and reliable the 1ertificates of 1an"ass and the State+ents of #otes to the 1o++ission, and shall cause to *reser"e the sa+e i++ediately after the conclusion of the can"ass, and +ake it a"ailable u*on instructions of the 1o++ission. The S*ecial Board of 1an"assers shall also furnish the accredited +a:or *olitical *arties and accredited citi-ensB ar+s with co*ies thereof "ia facsi+ile, electronic +ail and any other +eans of trans+ission e,ually safe, secure and reliable. The 1ertificates of 1an"ass and the acco+*anying State+ents of #otes as trans+itted "ia facsi+ile, electronic +ail and any other +eans of trans+ission e,ually safe, secure and reliable shall be the *ri+ary basis for the national can"ass. 78.<. The can"ass of "otes shall not cause the delay of the *rocla+ation of a winning candidate if the outco+e of the election will not be affected by the results thereof.

4otwithstanding the foregoing, the 1o++ission is e+*owered to order the *rocla+ation of winning candidates des*ite the fact that the scheduled election has not taken *lace in a *articular country or countries, if the holding of elections therein has been rendered i+*ossible by e"ents, factors and circu+stances *eculiar to such country or countries, and which e"ents, factors and circu+stances are beyond the control or influence of the 1o++ission. 78.A. )n the *re*aration of the final tally of "otes on the results of the national elections, the 1o++ission shall ensure that the "otes can"assed by each and e"ery country shall be reflected as a se*arate ite+ fro+ the tally of national "otes. /or *ur*oses of this Act, the returns of e"ery election for *resident and "ice-*resident *re*ared by the S*ecial Board of 1an"assers shall be dee+ed a certificate of can"ass of a city or *ro"ince. 78.;. Dhere feasible, the counting and can"assing of "otes shall be auto+ated. Towards this end, the 1o++ission is hereby authori-ed to borrow, rent, lease or ac,uire auto+ated "oting +achines for *ur*oses of can"assing and counting of "otes *ursuant to the *ro"isions of this Act, and in accordance with the )+*le+enting 5ules and 5egulations *ro+ulgated by the 1o++ission. Sec. 19. Authority of the 1o++ission to (ro+ulgate 5ules. The 1o++ission shall issue the necessary rules and regulations to effecti"ely i+*le+ent the *ro"isions of this Act within si.ty 6A%9 days fro+ the effecti"ity of this Act. The )+*le+enting 5ules and 5egulations shall be sub+itted to the Joint 1ongressional !"ersight 1o++ittee created by "irtue of this Act for *rior a**ro"al. )n the for+ulation of the rules and regulations, the 1o++ission shall coordinate with the 'e*art+ent of /oreign Affairs, 'e*art+ent of 3abor and 2+*loy+ent, (hili**ine !"erseas and 2+*loy+ent Ad+inistration, !"erseas DorkersB Delfare Ad+inistration and the 1o++ission on /ili*inos !"erseas. 4on-go"ern+ent organi-ations and accredited /ili*ino organi-ations or associations abroad shall be consulted. Sec. #$. )nfor+ation 1a+*aign. The 1o++ission, in coordination with agencies concerned, shall undertake an infor+ation ca+*aign to educate the *ublic on the +anner of absentee "oting for ,ualified o"erseas absentee "oters. )t +ay re,uire the su**ort and assistance of the 'e*art+ent of /oreign Affairs, through the e+bassies, consulates and other foreign ser"ice establish+ents, 'e*art+ent of 3abor and e+*loy+ent, 'e*art+ent of Trans*ortation and 1o++unications, (hili**ine (ostal 1or*oration, (hili**ine !"erseas 2+*loy+ent Ad+inistration, !"erseas DorkersB Delfare Ad+inistration and the 1o++ission on /ili*inos !"erseas. The 1o++ission +ay de*uti-e /ili*ino organi-ations>associations o"erseas for the sa+e *ur*ose: (ro"ided, That any such de*uti-ed organi-ation>association shall be *rohibited fro+ *artici*ating in the elections by ca+*aigning for or fielding candidates0 (ro"ided, further, That if any such de*uti-ed organi-ation>association is disco"ered to ha"e a +e+ber who is not a ,ualified o"erseas absentee "oter as herein defined, such de*uti-ed organi-ation>association shall be banned fro+ *artici*ating in any +anner, and at any stage, in the (hili**ine *olitical *rocess abroad.

Such infor+ation ca+*aign shall educate the /ili*ino *ublic, within and outside the (hili**ines, on the rights of o"erseas absentee "oters, absentee "oting *rocesses and other related concerns. )nfor+ation +aterials shall be de"elo*ed by the 1o++ission for distribution, through the said go"ern+ent agencies and *ri"ate organi-ations. 4o go"ern+ent agency or accredited *ri"ate organi-ations shall *re*are, *rint, distribute or *ost in websites any infor+ation +aterial without the *rior a**ro"al of the 1o++ission. Sec. #1. Access to !fficial 5ecords and 'ocu+ents. Sub:ect to the *ertinent *ro"isions of this Act, any *erson shall ha"e the right to access and>or co*y at his e.*ense all registration records, "oters lists and other official records and docu+ents, sub:ect to reasonable regulations as +ay be i+*osed by the 1o++ission. Sec. ##. Assistance fro+ Eo"ern+ent Agencies. All go"ern+ent officers, *articularly fro+ the 'e*art+ent of /oreign Affairs, 'e*art+ent of 3abor and 2+*loy+ent, 'e*art+ent of Trans*ortation and 1o++unications, (hili**ine (ostal 1or*oration, (hili**ine !"erseas 2+*loy+ent Ad+inistration, !"erseas DorkersB Delfare Ad+inistration, 1o++ission on /ili*inos !"erseas and other go"ern+ent offices concerned with the welfare of the /ili*inos o"erseas shall, to the e.tent co+*atible with their *ri+ary res*onsibilities, assist the 1o++ission in carrying out the *ro"isions of this Act. All such agencies or officers thereof shall take reasonable +easures to e.*edite all election acti"ities, which the 1o++ission shall re,uire of the+. Dhen necessary, the 1o++ission +ay send su*er"isory tea+s headed by career officers to assist the e+bassies, consulates and other foreign ser"ice establish+ent concerned. Sec. #!. Security Measures to Safeguard the Secrecy and Sanctity of Ballots. At all stages of the electoral *rocess, the 1o++ission shall ensure that the secrecy and integrity of the ballots are *reser"ed. The 1o++ittee on Absentee #oting of the 1o++ission shall be res*onsible for ensuring the secrecy and sanctity of the absentee "oting *rocess. )n the interest of trans*arency, all necessary and *racticable +easures shall be ado*ted to allow re*resentation of the candidates, accredited +a:or *olitical *arties, accredited citi-ensB ar+s and non-go"ern+ent organi-ations to assist, and inter"ene in a**ro*riate cases, in all stages of the electoral e.ercise and to *re"ent any and all for+s of fraud and coercion. 4o officer or +e+ber of the foreign ser"ice cor*s, including those belonging to attached agencies shall be transferred, *ro+oted, e.tended, recalled or otherwise +o"ed fro+ his current *ost or *osition one 679 year before and three 6&9 +onths after the day of elections, e.ce*t u*on the a**ro"al of the 1o++ission. Sec. #3. (rohibited Acts. )n addition to the *rohibited acts *ro"ided by law, it shall be unlawful: $=.7. /or any officer or e+*loyee of the (hili**ine go"ern+ent to influence or atte+*t to influence any *erson co"ered by this Act to "ote, or not to "ote, for a *articular candidate. 4othing in this Act shall be dee+ed to *rohibit free discussion regarding *olitics or candidates for *ublic office.

$=.$. /or any *erson to de*ri"e any *erson of any right secured in this Act, or to gi"e false infor+ation as to his>her na+e, address, or *eriod of residence for the *ur*oses of establishing his>her eligibility or ineligibility to register or "ote under this Act0 or to cons*ire with another *erson for the *ur*ose of encouraging the gi"ing of false infor+ation in order to establish the eligibility or ineligibility of any indi"idual to register or "ote under this Act0 or, to *ay, or offer to *ay, or to acce*t *ay+ent either for a**lication to "ote in absentia or for "oting0 $=.&. /or any *erson to ta+*er with the ballot, the +ail containing the ballots for o"erseas absentee "oters, the election returns, including the destruction, +utilation and +ani*ulation thereof0 $=.=. /or any *erson to steal, destroy, conceal, +utilate or alter any record, docu+ent or *a*er as re,uired for *ur*oses of this Act0 $=.<. /or any de*uti-ed agent to refuse without :ustifiable ground, to ser"e or continue ser"ing, or to co+*ly with his>her sworn duties after acce*tance of his>her a**oint+ent0 $=.A. /or any *ublic officer or e+*loyee who shall cause the *re*aration, *rinting, distribution of infor+ation +aterial, or *ost the sa+e in websites without the *rior a**ro"al of the 1o++ission0 $=.;. /or any *ublic officer or e+*loyee to cause the transfer, *ro+otion, e.tension, recall of any +e+ber of the foreign ser"ice cor*s, including +e+bers of the attached agencies, or otherwise cause the +o"e+ent of any such +e+ber fro+ his current *ost or *osition one 679 year before and three 6&9 +onths after the day of elections, without securing the *rior a**ro"al of the 1o++ission0 $=.8. /or any *erson who, after being de*uti-ed by the 1o++ission to undertake acti"ities in connection with the i+*le+entation of this Act, shall ca+*aign for or assist, in whate"er +anner, candidates in the elections0 $=.@. /or any *erson who is not a citi-en of the (hili**ines to *artici*ate, by word or deed, directly or indirectly through ,ualified organi-ations>associations, in any +anner and at any stage of the (hili**ine *olitical *rocess abroad, including *artici*ation in the ca+*aign and elections. The *ro"ision of e.isting laws to the contrary notwithstanding, and with due regard to the (rinci*le of 'ouble 1ri+inality, the *rohibited acts described in this section are electoral offenses and *unishable in the (hili**ines. The *enalties i+*osed under Section $A= of the !+nibus 2lection 1ode, as a+ended, shall be i+*osed on any *erson found guilty of co++itting any of the *rohibited acts as defined in this section: (ro"ided, That the *enalty of *rision +ayor in its +ini+u+ *eriod shall be i+*osed u*on any *erson found guilty of Section $=.& hereof without the benefit of the o*eration of the )ndeter+inate Sentence 3aw. )f the offender is a *ublic officer or a candidate, the *enalty shall

be *rision +ayor in its +a.i+u+ *eriod. )n addition, the offender shall be sentenced to suffer *er*etual dis,ualification to hold *ublic office and de*ri"ation of the right to "ote. )++igrants and *er+anent residents who do not resu+e residence in the (hili**ines as sti*ulated in their affida"it under Section <6d9 within three 6&9 years after a**ro"al of his>her registration under this Act and yet "ote in the ne.t elections contrary to the said section, shall be *enali-ed by i+*rison+ent of not less than one 679 year, and shall be dee+ed dis,ualified as *ro"ided in Section <6c9 of this Act. Fis>her *ass*ort shall be sta+*ed not allowed to "ote . Sec. #4. Joint 1ongressional !"ersight 1o++ittee. A Joint 1ongressional !"ersight 1o++ittee is hereby created, co+*osed of the 1hair+an of the Senate 1o++ittee on 1onstitutional A+end+ents, 5e"ision of 1odes and 3aws, and se"en 6;9 other Senators designated by the Senate (resident, and the 1hair+an of the Fouse 1o++ittee on Suffrage and 2lectoral 5efor+s, and se"en 6;9 other Me+bers of the Fouse of 5e*resentati"es designated by the S*eaker of the Fouse of 5e*resentati"es: (ro"ided, That, of the se"en 6;9 +e+bers to be designated by each Fouse of 1ongress, four 6=9 should co+e fro+ the +a:ority and the re+aining three 6&9 fro+ the +inority. The Joint 1ongressional !"ersight 1o++ittee shall ha"e the *ower to +onitor and e"aluate the i+*le+entation of this Act. )t shall re"iew, re"ise, a+end and a**ro"e the )+*le+enting 5ules and 5egulations *ro+ulgated by the 1o++ission. Sec. #5. A**licability of !ther 2lection 3aws. The *ertinent *ro"isions of the !+nibus 2lection 1ode, as a+ended, and other election laws, which are not in conflict with the *ro"isions of this Act shall re+ain in full force and shall ha"e su**letory a**lication to this Act. Sec. #6. 2nforce+ent and Ad+inistration by the 1o++ission. The 1o++ission shall, for the *ur*ose of ensuring honest, orderly, *eaceful and free elections abroad, ha"e e.clusi"e charge of the enforce+ent, ad+inistration and i+*le+entation of this Act. Sec. #8. Mandatory 5e"iew. 1ongress shall co+*lete a +andatory re"iew of this Act within two 6$9 years following the May, $%%= elections for the *ur*ose of a+ending it to e.*and or restrict its co"erage, sco*e and a**lication, as well as i+*ro"e its *rocedures and institute +easures and safeguards, taking into account the e.*erience of the *re"ious election, technological ad"ances and structural *olitical changes. Sec. #9. A**ro*riations. The a+ount necessary to carry out the *ro"isions of this Act shall be *ro"ided in a su**le+ental budget or included in the Eeneral A**ro*riations Act of the year of its enact+ent into law. Thereafter, the e.*enses for its continued i+*le+entation shall be included in the subse,uent Eeneral A**ro*riations Act. Sec. !$. Se*arability 1lause. )f any *art or *ro"ision of this Act shall be declared unconstitutional or in"alid, other *ro"isions hereof which are not affected thereby shall continue to be in full force and effect.

Sec. !1. 5e*ealing 1lause. All laws, *residential decrees, e.ecuti"e orders, rules and regulations, other issuances, and *arts thereof, which are inconsistent with the *ro"isions of this Act, are hereby re*ealed or +odified accordingly. Sec. !#. 2ffecti"ity. This Act shall take effect fifteen 67<9 days following its *ublication in three 6&9 news*a*ers of general circulation.

A**ro"ed, 7%S+ (+ &+N+C'A 7R. S*eaker of the Fouse of 5e*resentati"es FRAN80'N (R'0%N (resident of the Senate

This Act which is a consolidation of Senate Bill 4o. $7%= and Fouse Bill 4o. &<;% was finally *assed by the Senate and Fouse of 5e*resentati"es on /ebruary =, $%%& and /ebruary 77, $%%&, res*ecti"ely. R%-+RT% P. NA1AR+N% Secretary Eeneral Fouse of 5e*resenati"es A**ro"ed: /ebruary 7&, $%%& )0%R'A ,ACAPA)A09ARR%*% President of the Philippines %SCAR ). *A-+S Secretary of Senate