Proposed Committee Bill                                                                                                                                                                                                                                  As of January 22, 2001

 

TWELFTH CONGRESS OF THE     }

REPUBLIC OF THE PHILIPPINES    }

First Regular Session                     }

 

                S E N A T E

 

 S. No. ___________

 

 

AN ACT

PROVIDING FOR A SYSTEM OF ABSENTEE VOTING BY QUALIFIED FILIPINOS ABROAD, AND APPROPRIATING FUNDS THEREFOR

 

                Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

 

SECTION. 1. Short Title. --- This Act shall be known as “The Absentee Voting Act of 2002”.

 

SECTION. 2. Coverage. --- All Filipinos abroad, who are not otherwise disqualified by law, at least eighteen (18) years of age on the day of the election, may vote in their residence abroad, for president, vice-president, senators, party-list representatives, and during the conduct of referenda and plebiscites on national issues.

 

SECTION. 3. Disqualifications. --- The following shall be disqualified from voting under this Act:

a)       Those who have renounced their Filipino citizenship and who have pledged allegiance to a foreign country;

b)       Those who have lost their Filipino citizenship;

c)       Any Filipino abroad who has been sentenced by final judgment by a Philippine court or tribunal to suffer imprisonment of not less than one (1) year, including those found guilty of disloyalty as defined under Article 137 of the Revised Penal Code, such disability not having been removed by plenary pardon or amnesty: Provided, however, that any person disqualified to vote under this subsection shall automatically acquire the right to vote upon expiration of five (5) years after service of sentence;

d)      Any Filipino abroad previously declared insane or incompetent by competent authority, unless the latter subsequently declares that such person is no longer insane or incompetent;

 

SECTION. 4. Absentee Registration. --- Qualified Filipinos abroad who failed to register as voters under Republic Act No. 8189, otherwise known as “The Voters Registration Act of 1996”, may apply for registration, personally or by mail, directly to the Election Registration Board of the city or municipality where they were domiciled prior to departure from the Philippines. Application forms for registration may be requested from any of the Philippine Embassies and Consulates, or from the Commission on Elections (hereafter, “Commission”).  All applications should be received by the Commission not later than one hundred eighty (180) days before the day of the election. For purposes of the May, 2004 elections, however, all applications should be received by the Commission not later than Two Hundred Ten (210) days before the date of election.

4.1. Qualified overseas Filipinos who have previously registered as voters pursuant to Republic Act No. 8189 shall apply for certification as absentee voters and for inclusion in the registry of absentee voters.

4.2. Upon receipt of the application for registration, the Election Officer shall immediately set the application for hearing, the notice of which shall be posted in a conspicuous place in the premises of the city or municipal building for at least one (1) week before the date of the hearing. The Election Officer shall furnish a copy of the application to the duly designated representatives of political parties and other accredited groups within a reasonable time prior to the date of the hearing.

4.3. If no  objection to the application is filed, the Election Officer shall immediately forward the application to the Election Registration Board, which shall process the application within one week from the date of hearing without waiting for the quarterly meeting of the Board. The applicant shall be duly notified of the approval or disapproval of his or her application by mail.

               

 

4.4. In the event that any objection to the application is filed, the Election Officer shall notify the applicant of said objection by mail, enclosing therein copies of affidavits or documents submitted in support of the objection filed with the said Election Officer, if any. The applicant shall have the right to file his counter-affidavit, by mail, clearly stating therein facts and defenses duly sworn before any duly authorized embassy or consular official or any officer in the host country authorized to administer oath.

                4.5. The application shall be approved or disapproved based on the merits of the objection and counter-affidavit and documents submitted by the party objecting and the applicant.

                4.6. Filipinos overseas need not appear before the election officer while he accomplishes his application form for registration.

 

SECTION 5. System of Continuing Registration. --- The Commission shall, to the extent possible, ensure that the benefits of the system of continuing registration be extended to qualified overseas absentee voters. Towards this end, the Commission shall optimize the use of existing facilities and mechanisms of the various government agencies for purposes of data validation, information dissemination and facilitation of the registration process. Pre-departure programs, services, and mechanisms being administered by the Department of Foreign Affairs, Philippine Overseas Employment Agency, Commission on Filipinos Overseas and other appropriate agencies of the Government shall be utilized for purposes of supporting the absentee voting process, subject to limitations imposed by law.

 

SECTION 6. Requirements for Registration. --- Every Filipino registrant shall be required to furnish the following documents:

a)       Photocopy of valid Philippine passport, showing applicant’s photo, name, and other personal circumstances. In case of seafarers, a photocopy of a valid Seaman’s Book shall also be required.

b)       Duly accomplished registration form prescribed by the Commission containing the following mandatory information:

i.                     Last known residence of the applicant in the Philippines before leaving for abroad, or the last known residence of either parent or legal guardian;

ii.                   Place of residence abroad;

iii.                 Applicant’s mailing address outside the Philippines;

c)       For Filipino immigrants and those who have acquired permanent resident status abroad, a Sworn Declaration of Intent to Return and Retain Citizenship duly sworn before any Philippine Embassy or Consulate official authorized to administer oath, and other officials in the host country authorized to administer oath subject to proper authentication by the Philippine Embassy having jurisdiction of the country where the absentee voter resides, at least six (6) months before any election;

The Commission may also require additional data or information relevant and necessary for registration facility and recording purposes.

 

SECTION 7. Registry of Absentee Voters. --- The Commission shall maintain a separate registry for duly registered absentee voters. Approved applications of absentee registrants shall also be included in the permanent list of voters of the city or municipality where the registrant is domiciled, with the corresponding annotation that such person has been registered or will be voting in absentia. The entries in the absentee voters registry and annotations as absentee voters in the Certified Voters List shall be permanent, and cannot be cancelled or amended except through a special process to be prescribed by the Commission.

 

SECTION 8. Procedure for Application to Vote in Absentia. ---

8.1. Every qualified Filipino abroad shall file with the Commission or with the diplomatic or consular officers authorized by the Commission a sworn written application to vote in absentia in a form prescribed by the Commission. The said form, which shall be accomplished in triplicate and submitted together with the Absentee Voter’s Registration Receipt, should be received by the Commission not later than one hundred fifty (150) days before the date of election. For purposes of the May, 2004 elections, however, all applications should be received by the Commission not later than one hundred (180) days before the date of election.

8.2. Applications may be effected personally by the voter presenting himself before the diplomatic or consular official or a non-government organization or a Philippine association duly deputized by the Commission. Application by mail may be effected by the applicant sending to the diplomatic or consular office in the country where he is located, or, if no such office is established in that country, then to the Commission’s central office in Manila. In every case, the applicant shall submit to such official or deputy, the following:

a)       Photocopy of valid Philippine passport, showing applicant’s photo, name, and other personal circumstances. In case of seafarers, a photocopy of a valid Seaman’s Book shall also be required.

 b)       Duly accomplished form prescribed by the Commission containing the following mandatory information:

a.       Place of residence abroad;

b.       Applicant’s mailing address outside the Philippines;

c.        In case of duly registered seafarers, the application should indicate the country of the next Port of Call of the seafarer and the Philippine embassy or consulate where the said seafarer will personally claim the ballot.

                c) Such other relevant data or information as may be required by the Commission.

      

         

SECTION. 9. Approval/Disapproval of Application for Absentee Voting. ---

                All applications shall be approved or disapproved by the Commission not later than one hundred twenty (120) days before the date of election. In the event of disapproval of the application, the voter may file a Motion for Reconsideration with the Commission, by mail, within ten (10) days from receipt of notice of such disapproval. The Commission shall act within five (5) days from receipt of such Motion for Reconsideration and shall immediately notify the voter of its decision. The decision of the Commission shall be final and executory.

For the May 2004, however, all applications shall be approved or disapproved by the Commission not later than one hundred fifty (150) days before the date of election.

 

SECTION 10. Preparation and Posting of Certified List of Absentee Voters. --- The Commission shall prepare a certified list of absentee voters ninety (90) days before a regular or special election and furnish copies thereof to all embassies and consulates or, when there are no such offices, to accredited Filipino associations or organizations abroad.

For purposes of the May, 2004 elections, the certified list of voters should be available not later than one hundred twenty (120) days before the date of the election.

Copies of the certified list of voters shall be posted in the embassies and consulates or in such places as may be determined by the Commission. Subject to the payment of fees in such amount as may be fixed by the Commission, the candidates, heads of political parties and accredited citizens’ arm shall be furnished copies thereof.

 

SECTION 11. Printing, Transmittal and Distribution of Ballots, Election Forms and Paraphernalia. ---

11.1 The Commission shall cause the printing of absentee ballots in such number as may be necessary, but in no case shall it exceed the total number of approved applications.

                11.2. The Commission shall be required to present before the duly authorized representatives of the Department of Foreign Affairs and the accredited major political parties the packages containing the absentee ballots and other election paraphernalia for scrutiny and inspection prior to their transmittal to absentee voters abroad.

                11.3. The transmittal or distribution of ballot shall be accomplished by mail either by the Commission or the Department of Foreign Affairs through the latter’s missions, embassies and consulates.

                11.4. The Commission shall, not later than ninety (90) before the date of election, transmit to the diplomatic and consular offices concerned the exact number of approved applications, along with such materials and election paraphernalia necessary to ensure the secrecy and integrity of the votes cast.

                11.5. Upon receipt by the designated diplomatic or consular officer of the absentee ballots and other paraphernalia, he shall immediately distribute the same to the qualified absentee voters either personally or by registered mail. Absentee voters may personally pick up their absentee ballots from the embassy or consulate by signing an acknowledgement receipt therefor. Ballots for absentee voters shall be prepared and mailed to the absentee voters at their preferred address not later than seventy-five (75) days before the date of election.

                11.6. In case of direct transmission by registered mail to the absentee voter, the ballot and other materials and election paraphernalia should be sent by the Commission at their preferred mailing address not later than sixty (60) days before the date of the election.

                11.7. The duly authorized representatives of accredited major political parties shall have the right to be present in all phases of printing, distribution, and transmittal of ballots. No excess ballots shall be printed or distributed. Undelivered ballots shall be returned to the Commission unaccomplished. Security markings shall be observed in the printing of ballots.

 

SECTION 12. Regulation on Campaigning Abroad. --- Campaign materials of any candidate or political party may be sent to absentee voters abroad by the political parties and candidates concerned: Provided, That, no personal campaigning, by any candidate, political party, party-list organizations or any other interest group that participates in the immediately forthcoming electoral process shall be allowed abroad. The regular campaign periods shall be observed.

 

  

SECTION 13. Casting and Submission of ballots. ---

13.1. The absentee voter shall personally accomplish his ballot and put it inside a specially marked enveloped with sealed markings provided for this purpose.

13.2. The absentee voter may send his absentee ballot directly to the Commission in Manila or through the corresponding Philippine diplomatic or consular office that has jurisdiction over the country where he sojourns. He shall be entitled to cast his ballot not later than thirty (30) days before the date of the election.

13.3. Absentee ballots coursed through the Philippine diplomatic or consular office should be received by the same not later than thirty (30) days before the date of election. All ballots received shall be kept in a secured place within the premises of the embassy or consulate duly designated by the Commission.

13.4. The diplomatic or consular offices shall periodically transmit the absentee ballots to the Commission within one (1) week from receipt thereof. The diplomatic or consular offices shall keep a complete record of the absentee ballots, specifically indicating the number of ballots they actually received and distributed, the names and addresses of the voters to whom these absentee ballots were sent and received, time of receipt, and other pertinent data, which it shall include in a formal report to be submitted to the Commission and the Congressional Oversight Committee on Absentee Voting.

13.5. The absentee voter shall be instructed that his ballot shall not be counted if not transmitted in the special envelope furnished him. The ballot duly accomplished by the absentee voter may be coursed personally or by mail through the diplomatic or consular office; provided, that no ballot received or postmarked later than thirty (30) days before the date of election shall be counted.

13.6. The Commission, or any of its  deputized agents, shall receive, handle, and safeguard the absentee ballots received from abroad. The Commission shall keep the absentee ballots in a secure place within the premises of its central office in Manila in sealed ballot boxes. The ballot boxes shall remain sealed until the day and time of counting of votes as prescribed by law.

 

SECTION 14. Counting and Canvass. --- For purposes of counting and canvassing of absentee votes, the Commission shall constitute as many special boards of election inspectors in its central office in Manila as may be necessary to supervise the counting of ballots which shall be accomplished in a counting center designated by the Commission for the purpose.

                Only ballots received by the Commission or its duly authorized deputy not later than three (3) days before the date of the election shall be included in the counting of votes. Those received afterwards shall not be counted.

                A special board of canvassers composed of a director of the Commission as Chairman, an officer of equivalent rank in the Department of Justice, as vice-chairman, and an officer also of equivalent rank in the Department of Education, Culture and Sports as member-secretary, shall be constituted to canvass the election returns submitted to it by the board of election inspectors.

                The canvass of votes shall not cause the delay of the proclamation of a winning candidate if its outcome will not be altered or affected by the results thereof.

Counting and canvassing of absentee votes shall be done manually until such time that an automated system of elections could be implemented as may be determined by the Commission.

 

SECTION 15. Authority of the Commission to Promulgate Rules. --- The Commission shall, upon prior consultation with the Congressional Oversight Committee  on Absentee Voting, promulgate the rules and regulations for the implementation of this Act.

In the formulation of the rules and regulation, the Commission shall coordinate with the Department of Foreign Affairs, Department of Labor and Employment, Philippine Overseas Employment Agency, Overseas Workers Welfare Administration, Commission on Filipinos Overseas, non-government organizations, and Filipino organizations or associations overseas.

 

SECTION 16. Information Campaign. --- The Commission shall, in coordination with the Department of Foreign Affairs, Department of Labor and Employment, Philippine Overseas Employment Agency, Overseas Workers Welfare Administration, Commission on Filipinos Overseas, other pertinent government offices and agencies, non-government organizations, and Filipino organizations or associations overseas undertake an information campaign for the purpose of educating the electorate within and outside of the Philippines on the manner of absentee voting.

 

SECTION 17. Assistance from Government Officials. --- All government officials, particularly from the Department of Foreign Affairs, Department of Labor and Employment, Philippine Overseas Employment Administration, the Overseas Workers Welfare Administration, Commission on Filipinos Overseas and other government offices concerned with the welfare of the Filipinos overseas, as well as duly deputized non-government organizations (NGOs) shall, to the extent practicable and compatible with their primary responsibilities, assist the Commission in carrying out the provisions of this Act. All such agencies or officials shall take reasonable measures to expedite the transmission, delivery, and return of all election matters, which the Commission may require them to perform. Whenever necessary, the Commission may send supervisory teams headed by ranking career officials to assist the diplomatic or consular offices concerned.

  

SECTION 18. Security Measures to Safeguard Secrecy and Sanctity of Ballot. --- At all stages of the electoral process, the Commission shall ensure that the security and sanctity of the ballot are preserved. For this purpose, the Commission shall constitute a special committee that shall be responsible

for the retrieval, transport, transfer, storage of absentee ballots, and other procedures essential to ensure the secrecy and sanctity of the absentee voting process. A special unit in the Philippine Postal Corporation shall, likewise, be created to attend exclusively to mails containing the ballots of absentee voters. Towards this end, all measures necessary and practicable shall be adopted to allow representation of the candidates, political parties, accredited citizen’s arms and non-government organizations to intervene in all stages of the exercise and to prevent any and all forms of fraud and coercion.

 

SECTION 19. Prohibited Acts. --- It shall be unlawful:

                19.1. For any official or employee of the Philippine Government to influence or attempt to influence any person covered by this Act to vote, or not to vote, for a particular candidate. Nothing in this Act shall be deemed to prohibit free discussion regarding politics or candidates for public office.

                19.2. For any person to knowingly or willingly deprive any person of any right secured in this Act, or knowingly or willingly give false information as to his name, address, or period of residence for the purposes of establishing his eligibility to register or vote under this Act; or to conspire with another person for the purpose of encouraging the giving of false information in order to establish the eligibility of any individual to vote under this Act; or to pay, or offer to pay, or to accept payment either for application to vote in absentia or for voting.

19.3. For any person to tamper with the mail containing ballots for absentee voters including the destruction of ballots.

19.4. For any candidate to personally campaign abroad.

                The prohibited acts described in this section are electoral offenses whether committed in the Philippines or in the countries where the absentees are located.

                The penalties imposed in Section 264 of the Omnibus Election Code, as amended, shall be imposed on any person found guilty of committing any of the prohibited acts as defined in this Section.

 

SECTION 20. Pilot-Areas for On-site Counting. --- For the initial implementation of the absentee voting system, on-site counting shall be conducted in such countries as may be determined by the Commission taking into consideration the number of overseas Filipinos present in such countries and the presence of a Philippine diplomatic or consular office therein.

 

SECTION 21. Oversight Committee. --- A Congressional Oversight Committee on Absentee Voting is hereby created, composed of the Chairman of the Senate Committee on Constitutional Amendment, Revision of Codes and Laws and five (5) other Senators designated by the Senate President, and the Chairman of the House Committee on Suffrage and Electoral Reforms and five (5) other members of the House of Representatives designated by the Speaker of the House of Representatives: Provided, That, of the five (5) members to be designated by each house of Congress, three (3) of whom shall come from the majority and the remaining two (2) from the minority.

 

SECTION 22. Applicability of Other Election laws. --- The pertinent provisions of the Omnibus Election Code, as amended, and other election laws, which are not in conflict with the provisions of this Act, shall remain in full force and effect and are hereby incorporated as integral parts of this Act.

 

SECTION 23. Appropriations. --- The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law. Thereafter, the expenses for its continued implementation shall be included in the subsequent General Appropriations Act.

 

SECTION 24. Separability Clause. --- If any provision of this Act is held to be unconstitutional or invalid, the same shall not affect the remainder thereof.

 

SECTION 25. Repealing Clause. --- All laws, presidential decrees, executive orders, rules and regulations, and part thereof, which are inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.

 

SECTION 26. Effectivity. --- This Act shall take effect  fifteen (15) days following its publication in two (2) newspapers of general circulation.