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 ongress asse!bled" Section 1. Short #itle. $ #his %ct shall be &nown as '#he (verseas %bsentee )oting %ct of *++,.' Sec. #. -eclaration of Policy. $ .t is the pri!e duty of the State to provide a syste! of honest and orderly overseas absentee voting that upholds the secrecy and sanctity of the ballot. #owards this end, the State ensures e/ual opportunity to all /ualified citi0ens of the Philippines abroad in the e1ercise of this funda!ental right. Sec. !. -efinition of #er!s. $ 2or purposes of this %ct" a. '%bsentee )oting' refers to the process by which /ualified citi0ens of the Philippines abroad e1ercise their right to vote3 b. ' o!!ission' refers to the o!!ission on 4lections3 c. ' ertified 5ist of (verseas %bsentee )oters' refers to the list of registered overseas absentee voters whose applications to vote in absentia have been approved by the o!!ission, said list to be prepared by the o!!ittee on %bsentee )oting of the

o!!ission, on a country-by-country basis. #his list shall be approved by the o!!ission in an en banc resolution3 d. '-ay of 4lection' refers to the actual date of elections in the Philippines3 e. '6ational Registry of %bsentee )oters' refers to the consolidated list prepared, approved and !aintained by the o!!ission, of overseas absentee voters whose applications for registration as absentee voters, including those registered voters who have applied to be certified as absentee voters, have been approved by the 4lection Registered Board3 f. '(verseas %bsentee )oter' refers to a citi0en of the Philippines who is /ualified to register and vote under this %ct, not otherwise dis/ualified by law, who is abroad on the day of elections. Sec. 3. overage. $ %ll citi0ens of the Philippines abroad, who are not otherwise dis/ualified by law, at least eighteen 789: years of age on the day of elections, !ay vote for president, vice-president, senators and party-list representatives. Sec. 4. -is/ualifications. $ #he following shall be dis/ualified fro! voting under this %ct" 8. #hose who have lost their 2ilipino citi0enship in accordance with Philippine laws3 *. #hose who have e1pressly renounced their Philippine citi0enship and who have pledged allegiance to a foreign country3 ,. #hose who have co!!itted and are convicted in a final ;udg!ent by a court or tribunal of an offense punishable by i!prison!ent of not less than one 78: year, including those who have co!!itted and been found guilty of -isloyalty as defined under %rticle 8,< of the Revised Penal ode, such disability not having been re!oved by plenary pardon or a!nesty3 Provided, however, #hat any person dis/ualified to vote under this subsection shall auto!atically ac/uire the right to vote upon

e1piration of five 7=: years after service of sentence3 Provided, further, #hat the o!!ission !ay ta&e cogni0ance of final ;udg!ents issued by foreign courts or tribunals only on the basis of reciprocity and sub;ect to the for!alities and processes prescribed by the Rules of ourt on e1ecution of ;udg!ents3 >. %n i!!igrant or a per!anent resident who is recogni0ed as such in the host country, unless he?she e1ecutes, upon registration, an affidavit prepared for the purpose by the o!!ission declaring that he?she shall resu!e actual physical per!anent residence in the Philippines not later than three 7,: years fro! approval of his?her registration under this %ct. Such affidavit shall also state that he?she has not applied for citi0enship in another country. 2ailure to return shall be the cause for the re!oval of the na!e of the i!!igrant or per!anent resident fro! the 6ational Registry of %bsentee )oters and his?her per!anent dis/ualification to vote in absentia. =. %ny citi0en of the Philippines abroad previously declared insane or inco!petent by co!petent authority in the Philippines or abroad, as verified by the Philippine e!bassies, consulates or foreign service establish!ents concerned, unless such co!petent authority subse/uently certifies that such person is no longer insane or inco!petent. Sec. 5. Personal (verseas %bsentee Registration. $ Registration as an overseas absentee voter shall be done in person. @ualified citi0ens of the Philippines abroad who failed to register under Republic %ct 6o. 989A, otherwise &nown as the '#he )oters Registration %ct of 8AAB', !ay personally apply for registration with the 4lection Registration Board of the city or !unicipality where they were do!iciled i!!ediately prior to their departure fro! the Philippines, or with the representative of the o!!ission at the Philippine e!bassies, consulates and other foreign service establish!ents that have ;urisdiction over the locality where they

te!porarily reside. Sub;ect to the specific guidelines herein provided, the o!!ission is hereby authori0ed to prescribe additional procedures for overseas absentee registration pursuant to the provisions of Republic %ct 6o. 989A, whenever applicable, ta&ing into strict consideration the ti!e 0ones and the various periods and processes herein provided for the proper i!ple!entation of this %ct. #he e!bassies, consulates and other foreign service establish!ents shall trans!it within 7=: days fro! receipt the acco!plished registration for!s to the o!!ission, after which the o!!ission shall coordinate with the 4lection (fficer of the city or !unicipality of the applicantCs stated residence for verification, hearing and annotation in the per!anent list of voters. %ll applications for the May, *++> elections shall be filed with the o!!ission not later than two hundred eighty 7*9+: calendar days before the day of elections. 2or succeeding elections, the o!!ission shall provide for the period within which applications to register !ust be filed. .n the case of seafarers, the o!!ission shall provide a special !echanis! for the ti!e and !anner of personal registration ta&ing into consideration the nature of their wor&. B.8. Dpon receipt of the application for registration, the 4lection (fficer shall i!!ediately set the application for hearing, the notice of which shall be posted in a conspicuous place in the pre!ises of the city or !unicipal building of the applicantCs stated residence for at least one 78: wee& before the date of the hearing. #he 4lection (fficer shall i!!ediately furnish a copy of the application to the designated representatives of political parties and other accredited groups. B.*. .f no verified ob;ection to the application is filed, the 4lection (fficer shall i!!ediately forward the application to the 4lection Registration Board, which shall decide on the application within one 78: wee& fro! the date of hearing without waiting for the

/uarterly !eeting of the Board. #he applicant shall be notified of the approval or disapproval of his?her application by registered !ail. B.,. .n the event that an ob;ection to the application is filed prior to or on the date of hearing, the 4lection (fficer shall notify the applicant of said ob;ection by registered !ail, enclosing therein copies of affidavits or docu!ents sub!itted in support of the ob;ection filed with the said 4lection (fficer, if any. #he applicant shall have the right to file his counter-affidavit by registered !ail, clearly stating therein facts and defenses sworn before any officer in the host country authori0ed to ad!inister oaths. B.>. #he application shall be approved or disapproved based on the !erits of the ob;ection, counter-affidavit and docu!ents sub!itted by the party ob;ecting and those of the applicant. B.= % ertificate of Registration as an overseas absentee voter shall be issued by the o!!ission to all applicants whose applications have been approved, including those certified as registered voters. #he o!!ission shall include the approved applications in the 6ational Registry of %bsentee )oters. B.B. .f the application has been approved, any interested party !ay file a petition for e1clusion not later than two hundred ten 7*8+: days before the day of elections with the proper !unicipal or !etropolitan trial court. #he petition shall be decided within fifteen 78=: 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 prescribed period, the ruling of the 4lection Registration Board shall be considered affir!ed. B.<. .f the application has been disapproved, the applicant or his authori0ed representative shall, within a period of five 7=: days fro! receipt of the notice of disapproval, have the right to file a petition for inclusion with the proper !unicipal or !etropolitan trial court. #he petition shall be decided within five 7=: days after

its filing on the basis of docu!ents sub!itted in connection therewith. @ualified citi0ens of the Philippines abroad, who have previously registered as voters pursuant to Republic %ct 6o. 989A shall apply for certification as absentee voters and for inclusion in the 6ational Registry of (verseas %bsentee )oters, with a corresponding annotation in the ertified )otersC 5ist. Sec. 6. Syste! of ontinuing Registration. $ #he o!!ission shall ensure that the benefits of the syste! of continuing registration are e1tended to /ualified overseas absentee voters. #owards this end, the o!!ission shall opti!i0e the use of e1isting facilities, personnel and !echanis!s of the various govern!ent agencies for purposes of data gathering, data validation, infor!ation disse!ination and facilitation of the registration process. Pre-departure progra!s, services and !echanis!s offered and ad!inistered by the -epart!ent of 2oreign %ffairs, -epart!ent of 5abor and 4!ploy!ent, Philippine (verseas 4!ploy!ent %d!inistration, (verseas Eor&ersC Eelfare %d!inistration, o!!ission on 2ilipinos (verseas and other appropriate agencies of the govern!ent shall be utili0ed for purposes of supporting the overseas absentee registration and voting processes, sub;ect to li!itations i!posed by law. Sec. 8. Re/uire!ents for Registration. $ 4very 2ilipino registrant shall be re/uired to furnish the following docu!ents" a. % valid Philippine passport. .n the absence of a valid passport, a certification of the -epart!ent of 2oreign %ffairs that it has reviewed the appropriate docu!ents sub!itted by the applicant and found the! sufficient to warrant the issuance of a passport, or that the applicant is a holder of a valid passport but is unable to produce the sa!e for a valid reason3 b. %cco!plished registration for! prescribed by the containing the following !andatory infor!ation" o!!ission

i. 5ast &nown residence of the applicant in the Philippines before leaving for abroad3 ii. %ddress of applicant abroad, or forwarding address in the case of seafarers3 iii. Ehere voting by !ail is allowed, the applicantCs !ailing address outside the Philippines where the ballot for absentee voters will be sent, in proper cases3 and3 iv. 6a!e and address of applicantCs authori0ed representative in the Philippines for purposes of Section B.< and Section 8* hereof. c. .n the case of i!!igrants and per!anent residents not otherwise dis/ualified to vote under this %ct, an affidavit declaring the intention to resu!e actual physical per!anent residence in the Philippines not later than three 7,: years after approval of his?her registration as an overseas absentee voter under this %ct. Such affidavit shall also state that he?she has not applied for citi0enship in another country. #he o!!ission !ay also re/uire additional data to facilitate registration and recording. 6o infor!ation other than those necessary to establish the identity and /ualification of the applicant shall be re/uired. Sec. 9. 6ational Registry of (verseas %bsentee )oters. $ #he o!!ission shall !aintain a 6ational Registry of (verseas %bsentee )oters. %pproved applications of overseas absentee registrants shall also be included in the per!anent list of voters of the city or !unicipality where the registrant is do!iciled, with the corresponding annotation that such person has been registered or will be voting as an overseas absentee voter. #he registry shall also include those registered under Republic %ct 6o. 989A and who have been issued certifications as overseas absentee voters. #he entries in the 6ational Registry of (verseas %bsentee )oters and the annotations as overseas absentee voters in the ertified )otersC 5ist shall be

per!anent, and cannot be cancelled or a!ended e1cept in any of the following cases" A.8. Ehen the overseas absentee voter files a letter under oath addressed to the o!!ission that he?she wishes to be re!oved fro! the Registry of (verseas %bsentee )oters, or that his?her na!e be transferred to the regular registry of voters3 or, A.*. Ehen an overseas absentee voterCs na!e was ordered re!oved by the o!!ission fro! the Registry of (verseas %bsentee )oters for his?her failure to e1ercise his?her right to vote under this %ct for two 7*: consecutive national elections. Sec. 1$. 6otice of Registration and 4lection. $ #he o!!ission shall, through the e!bassies, consulates and other foreign service establish!ents, cause the publication in a newspaper of general circulation of the place, date and ti!e of the holding of a regular or special national election and the re/uire!ents for the participation of /ualified citi0ens of the Philippines abroad, at least si1 7B: !onths before the date set for the filing of applications for registration. #he o!!ission shall deter!ine the countries where publication shall be !ade, and the fre/uency thereof, ta&ing into consideration the nu!ber of overseas 2ilipinos present in such countries. 5i&ewise, the o!!ission and the -epart!ent of 2oreign %ffairs shall post the sa!e in their respective websites. Sec. 11. Procedure for %pplication to )ote in %bsentia. $ 88.8. 4very /ualified citi0en of the Philippines abroad whose application for registration has been approved, including those previously registered under Republic %ct 6o. 989A, shall, in every national election, file with the officer of the e!bassy, consulate or other foreign service establish!ent authori0ed by the o!!ission, a sworn written application to vote in a for! prescribed by the o!!ission. #he authori0ed officer of such e!bassy, consulate or other foreign service establish!ent shall trans!it to the o!!ission the said application to vote within

five 7=: days fro! receipt thereof. #he application for! shall be acco!plished in triplicate and sub!itted together with the photocopy of his?her overseas absentee voter certificate of registration. 88.*. 4very application to vote in absentia !ay be done personally at, or by !ail to, the e!bassy, consulate or foreign service establish!ent, which has ;urisdiction over the country where he?she has indicated his?her address for purposes of the elections. 88.,. onsular and diplo!atic services rendered in connection with the overseas absentee voting processes shall be !ade available at no cost to the overseas absentee voter. Sec. 1#. )erification and %pproval of %pplication to )ote. $ %ll applications shall be acted upon by the o!!ission upon receipt thereof, but in no case later than one hundred fifty 78=+: days before the day of elections. .n the event of disapproval of the application, the voter or his authori0ed representative !ay file a Motion for Reconsideration with the o!!ission personally, or by registered !ail, within ten 78+: days fro! receipt of the notice of disapproval. #he o!!ission shall act within five 7=: days fro! receipt of such Motion for Reconsideration and shall i!!ediately notify the voter of its decision. #he decision of the o!!ission shall be final and e1ecutory. #he o!!ission shall issue an overseas absentee voter identification card to those whose applications to vote have been approved. Sec. 1!. Preparation and Posting of ertified 5ist of (verseas %bsentee )oters. $ #he o!!ission shall prepare the ertified 5ist of (verseas %bsentee )oters within one hundred twenty 78*+: days before every election, and furnish within the sa!e period copies thereof to the appropriate e!bassies, consulates and other foreign service establish!ents, which shall post the sa!e in their bulletin boards within ten 78+: days fro! receipt thereof.

Sub;ect to reasonable regulation and the pay!ent of fees in such a!ounts as !ay be fi1ed by the o!!ission, the candidates, political parties, accredited citi0ensC ar!s, interested persons and all e!bassies, consulates and other foreign service establish!ents shall be furnished copies thereof. Sec. 13. Printing and #rans!ittal of Ballots, )oting .nstructions, 4lection 2or!s and Paraphernalia. $ 8>.8. #he o!!ission shall cause the printing of ballots for overseas absentee voters, voting instructions, and election for!s in such nu!ber as !ay be necessary, but in no case shall it e1ceed the total nu!ber of approved applications. Security !ar&ings shall be used in the printing of ballots for overseas absentee voters. 8>.*. #he o!!ission shall present to the authori0ed representatives of the -epart!ent of 2oreign %ffairs and the accredited !a;or political parties the ballots for overseas absentee voters, voting instructions, election for!s and other election paraphernalia for scrutiny and inspection prior to their trans!ittal to the e!bassies, consulates and other foreign service establish!ents concerned. 8>.,. #he o!!ission shall, not later than seventy-five 7<=: days before the day of elections, trans!it by special pouch to the e!bassies, consulates and other foreign service establish!ents, the e1act nu!ber of ballots for overseas absentee voters corresponding to the nu!ber of approved applications, along with such !aterials and election paraphernalia necessary to ensure the secrecy and integrity of the election. 8>.>. #he authori0ed representatives of accredited !a;or political parties shall have the right to be present in all phases of printing, trans!ittal, and casting of ballots abroad. Dnclai!ed ballots properly !ar&ed as such, shall be cancelled and shipped to the o!!ission by the least costly !ethod.

Sec. 14. Regulation on a!paigning %broad. $ #he use of ca!paign !aterials, as well as the li!its on ca!paign spending shall be governed by the laws and regulations applicable in the Philippines. Sec. 15. asting and Sub!ission of Ballots. $ 8B.8. Dpon receipt by the designated officer of the e!bassy, consulate and other foreign service establish!ents of the ballots for overseas absentee voters, voting instructions, election for!s and other paraphernalia, he?she shall !a&e the! available on the pre!ises to the /ualified overseas absentee voters in their respective ;urisdictions during the thirty 7,+: days before the day of elections when overseas absentee voters !ay cast their vote. .!!ediately upon receiving it, the overseas absentee voter !ust fill-out his?her ballot personally, in secret, without leaving the pre!ises of the e!bassies, consulates and other foreign service establish!ents concerned. 8B.*. #he overseas absentee voter shall personally acco!plish his?her ballot at the e!bassy, consulate or other foreign service establish!ent that has ;urisdiction over the country where he?she te!porarily resides or at any polling place designated and accredited by the o!!ission. 8B.,. #he overseas absentee voter shall cast his ballot, upon presentation of the absentee voter identification card issued by the o!!ission, within thirty 7,+: days before the day of elections. .n the case of seafarers, they shall cast their ballots anyti!e within si1ty 7B+: days before the day of elections as prescribed in the .!ple!enting Rules and Fuidelines. 8B.>. %ll acco!plished ballots received shall be placed unopened inside sealed containers and &ept in a secure place designated by the o!!ission. 8B.=. #he e!bassies, consulates and other foreign service establish!ents concerned shall &eep a co!plete record of the ballots for overseas absentee voters, specifically indicating the

nu!ber of ballots they actually received, and in cases where voting by !ail is allowed under Section 8< hereof, the na!es and addresses of the voters to who! these ballots were sent, including proof of receipt thereof. .n addition, the e!bassies, consulates and other foreign service establish!ents shall sub!it a for!al report to the o!!ission and the Joint ongressional (versight o!!ittee created under this %ct within thirty 7,+: days fro! the day of elections. Such report shall contain data on the nu!ber of ballots cast and received by the offices, the nu!ber of invalid and unclai!ed ballots and other pertinent data. 8B.B. #he overseas absentee voter shall be instructed that his?her ballot shall not be counted if it is not inside the special envelope furnished hi!?her when it is cast. 8B.<. Ballots not clai!ed by the overseas absentee voters at the e!bassies, consulates and other foreign service establish!ents, in case of personal voting, and ballots returned to the e!bassies, consulates and other foreign service establish!ents concerned, in the case of voting by !ail, shall be cancelled and shipped to the o!!ission by the least costly !ethod within si1 7B: !onths fro! the day of elections. 8B.9. (nly ballots cast, and !ailed ballots received by the Philippine e!bassies, consulates and other foreign service establish!ents concerned in accordance with Section 8< hereof before the close of voting on the day of elections shall be counted in accordance with Section 89 hereof. %ll envelopes containing the ballots received by the e!bassies, consulates and other foreign service establish!ents after the prescribed period shall not be opened, and shall be cancelled and shipped to the o!!ission by the least costly !ethod within si1 7B: !onths fro! the day of elections. 8B.A. % Special Ballot Reception and ustody Froup co!posed of three 7,: !e!bers shall be constituted by the o!!ission fro!

a!ong the staff of the e!bassies, consulates and other foreign service establish!ents concerned, including their attached agencies, and citi0ens of the Philippines abroad, who will be deputi0ed to receive ballots and ta&e custody of the sa!e preparatory to their trans!ittal to the Special Boards of 4lection .nspectors. 8B.8+. -uring this phase of the election process, the authori0ed representatives of the political parties, candidates, and accredited citi0ensC ar!s of the o!!ission shall be notified in writing thereof and shall have the right to witness the proceedings. 8B.88. #he o!!ission shall study the use of electronic !ail, .nternet, or other secured networ&s in the casting of votes, and sub!it a report thereon to the Joint ongressional (versight o!!ittee. Sec. 16. )oting by Mail. $ 8<.8. 2or the May, *++> elections, the o!!ission shall authori0e voting by !ail in not !ore than three 7,: countries, sub;ect to the approval of the ongressional (versight o!!ittee. )oting by !ail !ay be allowed in countries that satisfy the following conditions" a. Ehere the !ailing syste! is fairly well-developed and secure to prevent the occasion of fraud3 b. Ehere there e1ists a technically established identification syste! that would preclude !ultiple or pro1y voting3 and, c. Ehere the syste! of reception and custody of !ailed ballots in the e!bassies, consulates and other foreign service establish!ents concerned are ade/uate and well-secured. #hereafter, voting by !ail in any country shall be allowed only upon review and approval of the Joint ongressional (versight o!!ittee.

8<.*. #he overseas absentee voters shall send his?her acco!plished ballot to the corresponding e!bassy, consular or other foreign service establish!ent that has ;urisdiction over the country where he?she te!porarily resides. He?She shall be entitled to cast his?her ballot at any ti!e upon his?her receipt thereof, provided that the sa!e .s received before the close of voting on the day of elections. #he overseas absentee voter shall be instructed that his?her ballot shall not be counted if not trans!itted in the special envelope furnished hi!?her. 8<.,. (nly !ailed ballots received by the Philippine e!bassy, consulate and other foreign service establish!ents before the close of voting on the day of elections shall be counted in accordance with Section 89 hereof. %ll envelopes containing the ballots received by the e!bassies, consulates and other foreign service establish!ents after the prescribed period shall not be opened, and shall be cancelled and disposed of appropriately, with a corresponding report thereon sub!itted to the o!!ission not later than thirty 7,+: days fro! the day of elections. Sec. 18. (n-Site ounting and anvassing. $ 89.8. #he counting and canvassing of votes shall be conducted on site in the country where the votes were actually cast. #he opening of the specially-!ar&ed envelopes containing the ballots and the counting and canvassing of votes shall be conducted within the pre!ises of the e!bassies, consulates and other foreign service establish!ents or in such other places as !ay be designated by the o!!ission pursuant to the .!ple!enting Rules and Regulations. #he o!!ission shall ensure that the start of counting in all polling places abroad shall be synchroni0ed with the start of counting in the Philippines. 89.*. 2or these purposes, the o!!ission shall constitute as !any Special Boards of 4lection .nspectors as !ay be necessary

to conduct and supervise the counting of votes as provided in Section 89.* hereof. #he Special Boards of 4lection .nspectors to be constituted herein shall be co!posed of a hair!an and two 7*: !e!bers, one 78: of who! shall be designated as poll cler&. #he a!bassador or consul-general, or any career public officer posted abroad designated by the o!!ission, as the case !ay be, shall act as the chair!an3 in the absence of other govern!ent officers, the two 7*: other !e!bers shall be citi0ens of the Philippines who are /ualified to vote under this act and deputi0ed by the o!!ission not later than si1ty 7B+: days before the day of elections. %ll resolutions of the Special Board of 4lection .nspectors on issues brought before it during the conduct of its proceedings shall be valid only when they carry the approval of the chair!an. .!!ediately upon the co!pletion of the counting, the Special Boards of 4lection .nspectors shall trans!it via facsi!ile and?or electronic !ail the results to the o!!ission in Manila and the accredited !a;or political parties. 89.,. (nly ballots cast on, or received by the e!bassies, consulates and other foreign service establish!ents before the close of voting on the day of elections shall be included in the counting of votes. #hose received afterwards shall not be counted. 89.>. % Special Board of anvassers co!posed of a lawyer preferably of the o!!ission as chair!an, a senior career officer fro! any of the govern!ent agencies !aintaining a post abroad and, in the absence of another govern!ent officer, a citi0en of the Philippines /ualified to vote under this %ct deputi0ed by the o!!ission, as vice-chair!an and !e!ber-secretary, respectively, shall be constituted to canvass the election returns sub!itted to it by the Special Boards of 4lection .nspectors. .!!ediately upon the co!pletion of the canvass, the chair!an of the Special Board of anvassers shall trans!it via facsi!ile,

electronic !ail, or any other !eans of trans!ission e/ually safe and reliable the ertificates of anvass and the State!ents of )otes to the o!!ission, and shall cause to preserve the sa!e i!!ediately after the conclusion of the canvass, and !a&e it available upon instructions of the o!!ission. #he Special Board of anvassers shall also furnish the accredited !a;or political parties and accredited citi0ensC ar!s with copies thereof via facsi!ile, electronic !ail and any other !eans of trans!ission e/ually safe, secure and reliable. #he ertificates of anvass and the acco!panying State!ents of )otes as trans!itted via facsi!ile, electronic !ail and any other !eans of trans!ission e/ually safe, secure and reliable shall be the pri!ary basis for the national canvass. 89.=. #he canvass of votes shall not cause the delay of the procla!ation of a winning candidate if the outco!e of the election will not be affected by the results thereof. 6otwithstanding the foregoing, the o!!ission is e!powered to order the procla!ation of winning candidates despite the fact that the scheduled election has not ta&en place in a particular country or countries, if the holding of elections therein has been rendered i!possible by events, factors and circu!stances peculiar to such country or countries, and which events, factors and circu!stances are beyond the control or influence of the o!!ission. 89.B. .n the preparation of the final tally of votes on the results of the national elections, the o!!ission shall ensure that the votes canvassed by each and every country shall be reflected as a separate ite! fro! the tally of national votes. 2or purposes of this %ct, the returns of every election for president and vicepresident prepared by the Special Board of anvassers shall be dee!ed a certificate of canvass of a city or province.

89.<. Ehere feasible, the counting and canvassing of votes shall be auto!ated. #owards this end, the o!!ission is hereby authori0ed to borrow, rent, lease or ac/uire auto!ated voting !achines for purposes of canvassing and counting of votes pursuant to the provisions of this %ct, and in accordance with the .!ple!enting Rules and Regulations pro!ulgated by the o!!ission. Sec. 19. %uthority of the o!!ission to Pro!ulgate Rules. $ #he o!!ission shall issue the necessary rules and regulations to effectively i!ple!ent the provisions of this %ct within si1ty 7B+: days fro! the effectivity of this %ct. #he .!ple!enting Rules and Regulations shall be sub!itted to the Joint ongressional (versight o!!ittee created by virtue of this %ct for prior approval. .n the for!ulation of the rules and regulations, the o!!ission shall coordinate with the -epart!ent of 2oreign %ffairs, -epart!ent of 5abor and 4!ploy!ent, Philippine (verseas and 4!ploy!ent %d!inistration, (verseas Eor&ersC Eelfare %d!inistration and the o!!ission on 2ilipinos (verseas. 6on-govern!ent organi0ations and accredited 2ilipino organi0ations or associations abroad shall be consulted. Sec. #$. .nfor!ation a!paign. $ #he o!!ission, in coordination with agencies concerned, shall underta&e an infor!ation ca!paign to educate the public on the !anner of absentee voting for /ualified overseas absentee voters. .t !ay re/uire the support and assistance of the -epart!ent of 2oreign %ffairs, through the e!bassies, consulates and other foreign service establish!ents, -epart!ent of 5abor and e!ploy!ent, -epart!ent of #ransportation and o!!unications, Philippine Postal orporation, Philippine (verseas 4!ploy!ent %d!inistration, (verseas Eor&ersC Eelfare %d!inistration and the o!!ission on 2ilipinos (verseas. #he o!!ission !ay deputi0e 2ilipino organi0ations?associations overseas for the sa!e purpose" Provided, #hat any such deputi0ed organi0ation?association shall be prohibited fro! participating in the

elections by ca!paigning for or fielding candidates3 Provided, further, #hat if any such deputi0ed organi0ation?association is discovered to have a !e!ber who is not a /ualified overseas absentee voter as herein defined, such deputi0ed organi0ation?association shall be banned fro! participating in any !anner, and at any stage, in the Philippine political process abroad. Such infor!ation ca!paign shall educate the 2ilipino public, within and outside the Philippines, on the rights of overseas absentee voters, absentee voting processes and other related concerns. .nfor!ation !aterials shall be developed by the o!!ission for distribution, through the said govern!ent agencies and private organi0ations. 6o govern!ent agency or accredited private organi0ations shall prepare, print, distribute or post in websites any infor!ation !aterial without the prior approval of the o!!ission. Sec. #1. %ccess to (fficial Records and -ocu!ents. $ Sub;ect to the pertinent provisions of this %ct, any person shall have the right to access and?or copy at his e1pense all registration records, voters lists and other official records and docu!ents, sub;ect to reasonable regulations as !ay be i!posed by the o!!ission. Sec. ##. %ssistance fro! Fovern!ent %gencies. $ %ll govern!ent officers, particularly fro! the -epart!ent of 2oreign %ffairs, -epart!ent of 5abor and 4!ploy!ent, -epart!ent of #ransportation and o!!unications, Philippine Postal orporation, Philippine (verseas 4!ploy!ent %d!inistration, (verseas Eor&ersC Eelfare %d!inistration, o!!ission on 2ilipinos (verseas and other govern!ent offices concerned with the welfare of the 2ilipinos overseas shall, to the e1tent co!patible with their pri!ary responsibilities, assist the o!!ission in carrying out the provisions of this %ct. %ll such agencies or officers thereof shall ta&e reasonable !easures to e1pedite all election activities, which the o!!ission shall re/uire of the!. Ehen necessary, the o!!ission !ay send supervisory tea!s headed by career officers to assist the e!bassies, consulates and other foreign service establish!ent concerned.

Sec. #!. Security Measures to Safeguard the Secrecy and Sanctity of Ballots. $ %t all stages of the electoral process, the o!!ission shall ensure that the secrecy and integrity of the ballots are preserved. #he o!!ittee on %bsentee )oting of the o!!ission shall be responsible for ensuring the secrecy and sanctity of the absentee voting process. .n the interest of transparency, all necessary and practicable !easures shall be adopted to allow representation of the candidates, accredited !a;or political parties, accredited citi0ensC ar!s and non-govern!ent organi0ations to assist, and intervene in appropriate cases, in all stages of the electoral e1ercise and to prevent any and all for!s of fraud and coercion. 6o officer or !e!ber of the foreign service corps, including those belonging to attached agencies shall be transferred, pro!oted, e1tended, recalled or otherwise !oved fro! his current post or position one 78: year before and three 7,: !onths after the day of elections, e1cept upon the approval of the o!!ission. Sec. #3. Prohibited %cts. $ .n addition to the prohibited acts provided by law, it shall be unlawful" *>.8. 2or any officer or e!ployee of the Philippine govern!ent to influence or atte!pt to influence any person covered by this %ct to vote, or not to vote, for a particular candidate. 6othing in this %ct shall be dee!ed to prohibit free discussion regarding politics or candidates for public office. *>.*. 2or any person to deprive any person of any right secured in this %ct, or to give false infor!ation as to his?her na!e, address, or period of residence for the purposes of establishing his?her eligibility or ineligibility to register or vote under this %ct3 or to conspire with another person for the purpose of encouraging the giving of false infor!ation in order to establish the eligibility or ineligibility of any individual to register or vote under this %ct3 or, to pay, or offer to pay, or to accept pay!ent either for application to vote in absentia or for voting3

*>.,. 2or any person to ta!per with the ballot, the !ail containing the ballots for overseas absentee voters, the election returns, including the destruction, !utilation and !anipulation thereof3 *>.>. 2or any person to steal, destroy, conceal, !utilate or alter any record, docu!ent or paper as re/uired for purposes of this %ct3 *>.=. 2or any deputi0ed agent to refuse without ;ustifiable ground, to serve or continue serving, or to co!ply with his?her sworn duties after acceptance of his?her appoint!ent3 *>.B. 2or any public officer or e!ployee who shall cause the preparation, printing, distribution of infor!ation !aterial, or post the sa!e in websites without the prior approval of the o!!ission3 *>.<. 2or any public officer or e!ployee to cause the transfer, pro!otion, e1tension, recall of any !e!ber of the foreign service corps, including !e!bers of the attached agencies, or otherwise cause the !ove!ent of any such !e!ber fro! his current post or position one 78: year before and three 7,: !onths after the day of elections, without securing the prior approval of the o!!ission3 *>.9. 2or any person who, after being deputi0ed by the o!!ission to underta&e activities in connection with the i!ple!entation of this %ct, shall ca!paign for or assist, in whatever !anner, candidates in the elections3 *>.A. 2or any person who is not a citi0en of the Philippines to participate, by word or deed, directly or indirectly through /ualified organi0ations?associations, in any !anner and at any stage of the Philippine political process abroad, including participation in the ca!paign and elections. #he provision of e1isting laws to the contrary notwithstanding, and with due regard to the Principle of -ouble ri!inality, the prohibited

acts described in this section are electoral offenses and punishable in the Philippines. #he penalties i!posed under Section *B> of the (!nibus 4lection ode, as a!ended, shall be i!posed on any person found guilty of co!!itting any of the prohibited acts as defined in this section" Provided, #hat the penalty of prision !ayor in its !ini!u! period shall be i!posed upon any person found guilty of Section *>., hereof without the benefit of the operation of the .ndeter!inate Sentence 5aw. .f the offender is a public officer or a candidate, the penalty shall be prision !ayor in its !a1i!u! period. .n addition, the offender shall be sentenced to suffer perpetual dis/ualification to hold public office and deprivation of the right to vote. .!!igrants and per!anent residents who do not resu!e residence in the Philippines as stipulated in their affidavit under Section =7d: within three 7,: years after approval of his?her registration under this %ct and yet vote in the ne1t elections contrary to the said section, shall be penali0ed by i!prison!ent of not less than one 78: year, and shall be dee!ed dis/ualified as provided in Section =7c: of this %ct. His?her passport shall be sta!ped 'not allowed to vote'. Sec. #4. Joint ongressional (versight o!!ittee. $ % Joint ongressional (versight o!!ittee is hereby created, co!posed of the hair!an of the Senate o!!ittee on onstitutional %!end!ents, Revision of odes and 5aws, and seven 7<: other Senators designated by the Senate President, and the hair!an of the House o!!ittee on Suffrage and 4lectoral Refor!s, and seven 7<: other Me!bers of the House of Representatives designated by the Spea&er of the House of Representatives" Provided, #hat, of the seven 7<: !e!bers to be designated by each House of ongress, four 7>: should co!e fro! the !a;ority and the re!aining three 7,: fro! the !inority. #he Joint ongressional (versight o!!ittee shall have the power to !onitor and evaluate the i!ple!entation of this %ct. .t shall review,

revise, a!end and approve the .!ple!enting Rules and Regulations pro!ulgated by the o!!ission. Sec. #5. %pplicability of (ther 4lection 5aws. $ #he pertinent provisions of the (!nibus 4lection ode, as a!ended, and other election laws, which are not in conflict with the provisions of this %ct shall re!ain in full force and shall have suppletory application to this %ct. Sec. #6. 4nforce!ent and %d!inistration by the o!!ission. $ #he o!!ission shall, for the purpose of ensuring honest, orderly, peaceful and free elections abroad, have e1clusive charge of the enforce!ent, ad!inistration and i!ple!entation of this %ct. Sec. #8. Mandatory Review. $ ongress shall co!plete a !andatory review of this %ct within two 7*: years following the May, *++> elections for the purpose of a!ending it to e1pand or restrict its coverage, scope and application, as well as i!prove its procedures and institute !easures and safeguards, ta&ing into account the e1perience of the previous election, technological advances and structural political changes. Sec. #9. %ppropriations. $ #he a!ount necessary to carry out the provisions of this %ct shall be provided in a supple!ental budget or included in the Feneral %ppropriations %ct of the year of its enact!ent into law. #hereafter, the e1penses for its continued i!ple!entation shall be included in the subse/uent Feneral %ppropriations %ct. Sec. !$. Separability lause. $ .f any part or provision of this %ct shall be declared unconstitutional or invalid, other provisions hereof which are not affected thereby shall continue to be in full force and effect. Sec. !1. Repealing lause. $ %ll laws, presidential decrees, e1ecutive orders, rules and regulations, other issuances, and parts thereof, which are inconsistent with the provisions of this %ct, are hereby repealed or !odified accordingly.

Sec. !#. 4ffectivity. $ #his %ct shall ta&e effect fifteen 78=: days following its publication in three 7,: newspapers of general circulation. %pproved, 7%S+ (+ &+N+C'A 7R. Spea&er of the House of Representatives FRAN80'N (R'0%N President of the Senate

#his %ct which is a consolidation of Senate Bill 6o. *8+> and House Bill 6o. ,=<+ was finally passed by the Senate and House of Representatives on 2ebruary >, *++, and 2ebruary 88, *++,, respectively. R%-+RT% P. NA1AR+N% Secretary Feneral House of Represenatives %pproved" 2ebruary 8,, *++, )0%R'A ,ACAPA)A09ARR%*% President of the Philippines %SCAR ). *A-+S Secretary of Senate