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BASIC FEATURES OF OVERSEAS ABSENTEE VOTING IN THE PHILIPPINES

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

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BASIC FEATURES OF OVERSEAS ABSENTEE VOTING IN THE PHILIPPINES

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  1. BASIC FEATURES OF OVERSEAS ABSENTEE VOTINGIN THE PHILIPPINES

  2. MODULE I MODULE 1 ---------------GENERAL PROVISIONS

  3. Legal Basis MODULE I ---------------- Sec. 2, Art. V, 1987 Constitution: “Section 2. The Congress shall provide a system of securing the secrecy and sanctity of the ballots as well as the system for absentee voting by qualified Filipinos abroad.” RA 9189 (13 February 2003) “The Overseas Absentee Voting Act of 2003” RA 8189 (11 June 1996) Voter’s Registration Act of 1996 Res. No. 9269 (03 August 2011) Gen. Inst. For the OAV Registration

  4. MODULE I Implementors --------------------- Commission on Elections (Committee on Overseas Absentee Voting) Dept. of Foreign Affairs (DFA-OAVS, 94 Embassies and Consulates) DOLE, POEA, OWWA, CFO (Labor Offices, Sec. 7, RA 9189) Manila Economic & Cultural Office

  5. MODULE I Registration ---------------- Sec. 7, Par. 1, RA 9189: The Commission shall ensure that the benefits of the system of continuing registration are extended to qualified overseas absentee voters POLICY To establish a clean, complete and accurate list of overseas absentee voters thru the adoption of biometrics technology in the registration process, in all Posts and Field Registration Centers, abroad and in the Philippines.

  6. MODULE I Notice ---------------- • REQUIREMENTS NOTICE OF REGISTRATION AND ELECTION TO ALL FILIPINO CITIZENS All citizens of the Philippines abroad, not otherwise disqualified by law, at least eighteen (18) years of age on the day of the election, andwho wish to votefor Senators and Party-List Representatives for purposes of the May 13, 2013National Elections must file applications for registration/ certification as overseas absentee voters from October 31, 2011 to October 31, 2012. The voting period will be from April 13, 2013 until 3:00 p.m., Philippine time of May 13, 2013. For details, see the embassy/consulate nearest your residence or visit the following websites: DFA-Overseas Absentee Voting Secretariat (Manila) COMELEC-COAV (Manila) www.dfa.gov.phwww.comelec.gov.ph Hotlines: +6328330914, +6328328363 Hotlines: +6325222251, +6325212952, +6325239924 PLACE, DATE, TIME

  7. MODULE I Publication & Posting of Notice ---------------- • Published abroad • Through the Posts • At least 6 months before start of registration • At least once • In a newspaper of general circulation, or • In local Filipino newspapers of wide circulation • Posting in Websites • >> COMELEC • >> DFA • >> Embassies/Consulates • >> Other website • In countries with at least 5,000 Filipinos

  8. MODULE I Publication & Posting of Notice ---------------- • Information and • Education Materials • Developed by COAV • With the COMELEC-EID • With the DFA-OAVS

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

  10. MODULE I No registration ---------------- • Holidays in the Philippines • except Holidays in the host country • Only upon request of the Post • With the favorable recommendation of the DFA- • OAVS • Upon approval of the COAV Chairman

  11. MODULE I Where to File ---------------- Before authorized COMELEC reps > At designated places in the PHL > Prior to departure > Ex: COAV, POEA, NAIA, OWWA At the Posts >which have consular jurisdiction over the place where the registrants temporarily reside Incl: FIELD REGISTRATION (Predetermined time & place) Incl: MOBILE REGISTRATION (Part of Post’s outreach)

  12. MODULE I Field or Mobile Registration ---------------- • Requirements • Permission of host government • Will not compromise security, integrity, and sanctity of the registration process • Will impact upon a significant number of PHL nationals • Will form part of the continuing registration services provided by the Post • Information about the registration must be widely disseminated by the Post • Must be consistent with the OAV law and DFA internal guidelines

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

  14. MODULE I Who may Register ---------------- • >Filipino citizen who is • >> Abroad • >>> or who will be abroad on election day • >> At least Eighteen (18) years of age on the day of the election • >>> Those who are not yet 18 during the period of registration may also register • >>>> Provided they will be 18 on the day of the elections • >> Not otherwise disqualified by law

  15. MODULE I Who may Register ---------------- • Dual citizens who have reacquired or retained their Philippine citizenship under the “Citizenship Retention and Reacquisition Act of 2003 (RA No. 9225) • Immigrant or permanent residents who, upon filing of an application for registration as overseas absentee voter, must execute an Affidavit of Intent to Returndeclaring that: they will resume actual physical permanent residence in the Philippines; and that they have not applied for citizenship in another country.

  16. Who May Not Register(Disqualifications) • Those who • lost their Filipino Citizenship in accordance with Philippine laws • expressly renounced their Philippine Citizenship and pledge allegiance to a foreign country; • convicted by final judgment of a court or tribunal of an offense punishable by imprisonment of not less than one (1) year, including those found guilty of disloyalty, including • Rebellion • Insurrection • Violation of the firearms laws • Any crime against national security unless such disability has been removed by plenary pardon or amnesty

  17. Who May Not Register(Disqualifications) • Those who are: • Declared insane or incompetent • Competent authority • in the Philippines • in abroad • Verified by Philippine Embassies, consulate or foreign service establishments concerned unless such competent authority subsequently certifies that such person is no longer insane or incompetent • Those convicted by final judgment • Disqualified person shall automatically acquire the right to register upon expiration of five (5) years after service of sentence • Commission may take cognizance of final judgments issued by foreign courts or tribunals only on the basis of reciprocity and subject to the formalities and processes prescribed by the Rules of Court on execution of judgment

  18. Requirements for Registration* MODULE I ------------------ • > A valid passport • > If no passport, a DFA Certification that: • >> docs submitted will warrant the issuance of a passport; or • >> applicant has a passport but cannot produce it • > Accomplished application form (OAVF No. 1)** • Dual Citizens • > Order of Approval to retain or reacquire Filipino citizenship • > Oath of Allegiance • >> Original; or • >> Certified True Copy, issued by the Post; or • >> Certified True Copy, issued by the Bureau of Immigration • Seafarers • > Photocopy of Seaman’s Book • > Any other document to prove he is a seafarer *THE COMMISSION MAY REQUIRE ADDITIONAL PROOF OF IDENTITY ** May be obtained at the registration site or downloaded from the post, COMELEC-COAV, and FA-OAVS websites

  19. MODULE I MODULE 2 ---------------- REGISTRATION PROCEDURES

  20. Statistical Report on Registration

  21. Processes ----------------

  22. MODULE I Procedures ---------------- • > The APPLICANT shall • >> Appear personally • >>> at the Post; or • >>> at the designated • registration center in the PHL • >> Submit required docs • > SEAFARERS may file application personally at any Post or at any designated registration centers in the Philippines

  23. Procedure #1 MODULE I ----------------

  24. MODULE I Procedure #2 ---------------- **VRM Scenarios

  25. MODULE I Procedure #3 ----------------

  26. Procedure #4 MODULE I ----------------

  27. MODULE I Procedure #5 ----------------

  28. Procedure #6 MODULE I ---------------- > The COAV shall:

  29. MODULE I MODULE 3 ---------------- RERB Hearings on Applications Objections

  30. MODULE I RERB ---------------- Resident Election Registration Board The in-house Election Registration Board of the COAV, composed of three ranking COMELEC Officials It is tasked with hearing – and approving or disapproving – all applications for registration and certification .

  31. RERB Duties and Functions MODULE I ----------------

  32. MODULE I Hearing of Applications ---------------- • > The RERB Chairman sets the applications for hearing, prepares and posts the Notice of Hearing • >>When to post notice of hearing? As provided under Sec. 13 of Resolution No. 9269 • > Notify all political parties and other concerned parties of the pending applications for hearing via COMELEC Website • > The RERB Chairman shall determine whether the applicant possess all of the qualifications and none of the disqualifications for registration. If so, APPROVED. Otherwise, DISAPPROVED! • > The RERB Chairman shall verify (via the NLRV) if the applicant is a registered voter. If YES, the application is treated as an application for CERTIFICATION. If NOT, the application is considered an application for REGISTRATION • > If application is approved, the RERB shall direct the EO concerned to annotate the CVL to show registration as OAVoter

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

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

  35. MODULE I Application Disapproved ---------------- • Notice sent to applicant or his • authorized representative • Within 3 days • By registered mail • Stating reasons for disapproval

  36. MODULE I Application Approved ---------------- • Post the list of approved applications • At the COAV Office • On the COMELEC website • On the DFA-AVS website • on the day following the approval of the applications The RERB Chairman shall direct the ITD to include the names of the approved applicants in the NROAV

  37. MODULE I MODULE 4 ---------------- Inclusions Exclusions Other remedies

  38. MODULE I Remedy for Disapproved Application ---------------- • Motion for Reconsideration • file within 5 days from receipt of notice of disapproval • RERB has 5 days to decide • If RERB gives due course to the Motion for Reconsideration the name of the applicant will be entered into the NROAV

  39. MODULE I Petition for Inclusion* ---------------- Who may file? > any applicant whose Motion for Reconsideration has been denied by the RERB When to file? > within 10 days from receipt of the notice of denial Where to file? > With the proper Metropolitan Trial Court in Manila The Courts has to decide the case within 15 days from the filing of the petition for inclusion. If the Court fails to do so, the decision of the RERB is considered AFFIRMED with finality.

  40. MODULE I Petition for Exclusion* The Courts has to decide the case within 15 days from the filing of the petition for inclusion. If the Court fails to do so, the decision of the RERB is considered AFFIRMED with finality. If the petition is granted, the RERB shall cancel the registration record of the OAVoter concerned ---------------- • Who may file? • > Any interested party may file a verified petition for the exclusion from the NROAV of a registered or certified Overseas Absentee Voter • When to file? • > Not later than 14 Nov 2012 • Where to file? • > With the proper Metropolitan Trial Court in Manila *The Commission may make the necessary representation before the Court Administrator for the designation of special courts that shall hear and decide exclusion and inclusion cases

  41. MODULE I MODULE 5 ---------------- Transfer of Registration Records

  42. MODULE I Transfer of Registration Abroad Transfer of Registration PHL ---------------- ---------------- Transfer from one Post to another Transfer from one country to another within the jurisdiction of the same Post Transfer within the same city or municipality Transfer to a district or city or municipality different from the voter’s residence as indicated in OAVF No. 1

  43. MODULE I Procedure for Transfer of Registration Records ---------------- Applicant accomplishes OAVF No. 1B > Attach photocopy of passport > or other legal ID File accomplished form personally or by mail > COAV > Local Field Registration Center > Post with jurisdiction over new residence

  44. MODULE I Transfer of Registration Records - Abroad ---------------- Post or Local Field Reg. Center shall: > Prepare list of transfer applicants > Transmit to COAV >> Lists of names of applicants >> Accomplished OAVF No. 1B and OAVF No. 1, if any >> Finalized CDs COAV Chairman action on the application for transfer > Approve > Disapprove

  45. MODULE I > Transfer to same PHL municipality/city/district > Transfer to a district or city or municipality different from the voter’s residence as indicated in OAVF No. 1 ---------------- • >WHEN: October 31, 2011 – October 15, 2012 • >WHERE:COAV / Local Field Reg. Center / OEO • >HOW: Accomplish OAVF No. 1B • The COAV shall: • > Verify if the applicant is included in the NROAV • > If the applicant is in the NROAV, the COAV Chair APPROVES.

  46. MODULE I MODULE 6 ---------------- Change of Address or Withdrawal of Application Pending Approval

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

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

  49. MODULE I Change of Address from one Residence to another within the jurisdiction of the same Post and country ---------------- • >WHO MAY FILE: Registered Voter • >WHAT TO FILE: OAVF No. 1H • >WHEN: Not later than November 29, 2012 • >WHERE:At the post concerned • The COMELEC Rep shall • >> approve or disapprove the application • >> furnish the COAV and the OAVS with a copy • of the approval or disapproval • >> within 3 days from the date of the decision.

  50. MODULE I MODULE 7 ---------------- Deactivation of Registration Records; Removal/Deletion of Names of Overseas Absentee Voters in the NROAV

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