Republic of the Philippines

HOUSE OF REPRSENTATIVES

ELEVENTH CONGRESS

HOUSE BILL NO. 10720

SECTION 1. Short Title. -- This Act shall be known as the "Absentee Voting and Registration Act of 2000."

SEC. 2. Declaration of Policy. -- The State shall provide a system of absentee voting and registration for qualified Filipinos abroad. Towards this end, the State shall ensure equal opportunity and proper access to all qualified Filipinos abroad in the exercise of this fundamental def'n.

SEC. 4. Coverage. -- Any Filipino abroad who has not renounced his Filipino citizenship and not otherwise disqualified by law, shall have the right to register and vote in all national elections.

SEC. 6. Absentee Registration. -- All Filipinos abroad not otherwise disqualified by law who are at least eighteen (18) years of age regardless of their location, work category and residency status abroad, may register as a voter.

Any person, who, on the day of registration may not have reached the required age but who, on the day of election shall posses such qualification, may register as a voter.

Immediately after the approval of this Act, the Commission may hold a general registration of voters for Filipinos abroad on certain dates and in places abroad as may be determined by the Commission for purposes of the 2001 regular elections and all elections, plebiscites, referenda, and initiatives subsequent thereto.

Thereafter, Filipinos abroad may file their application for registration, personal or by mail, directly to the city or municipality of his residence. Th Commission may accredit Filipino associations or non-government organizations that could assist at any stage or process of said registration of voters.

No registration, however, shall be conducted during the period starting one hundred eighty 91800 days before an election.

Filipinos abroad who have applied or are already registered in the Philippines pursuant to Republic Act No. 8189, otherwise known as the "Voters Registration Act of 1996" need not register anew.

SEC. 7. Change of Residence. -- Any registered Filipino voter abroad who has transferred to another country or in any place within the same country where he sojourns, may notify in writing the Commission or the Election Registration Board in the city or municipality of his residence for the transfer of his registration records or any necessary changes that must be effected therein.

SEC. 8. Notice of Election. -- The Commission shall, through diplomatic or consular officers, cause by publication in a newspaper of general circulation in the countries where Filipino citizens are found, the place, date and time of the holding of a regular or special national election and the requirements for the participation of qualified Filipinos not later than one hundred eighty (180) days before the day of election.

The Commission shall also disseminate information on the mechanics of voting, which shall include but not limited to primers, to qualified Filipinos abroad through Philippine embassies or consulates or, where there are no such offices, send such information by mail or by whatever possible means directly to the residential or working addresses of Filipino citizens abroad or through non-government organizations or associations.

SEC. 9. Application for Absentee Voting. -- Every qualified Filipino abroad who has applied for registration or has been registered may file with the Commission on Elections or with the diplomatic or consular offices, not later than one hundred fifty (150) days before a regular or special national election, a sworn written application to vote in absentia in a form prescribed by the Commission.

The Commission shall ensure the availability of application forms for absentee voting in Philippine embassies or consulates. In places where there are no such offices, such application forms shall be sent to qualified voters by mail or by whatever possible means directly to the residential or working addresses of qualified Filipino citizens abroad or through non-government organizations or associations.

The Commission shall also provide application forms for absentee voting to all Filipinos before their departure from the Philippines through the Department of Labor and the Department of Foreign Affairs and other appropriate private or government agencies before their departure from the Philippines.

Applications for absentee voting may be affected personally by the voter presenting himself before the Commission in manila or the diplomatic or consular official or a non-government organization or association duly deputized by the Commission. Application by mail may be effected by the applicant sending a sworn written application to the diplomatic or consular office where he is located, or, if no such office is established in that country, then to the Commission's central office in Manila.

Upon receipt of the applications for absentee voting, the diplomatic or consular officers or deputies of the Commission shall immediately transmit the same to the Commission for verification. The Commission shall act on the applications not later than ninety 990) days before the elections.

In cases of approval or disapproval, any aggrieved party or their representatives, voter or representatives of political parties may file a petition with the Commission for the inclusion or exclusion of Filipinos abroad from the voter's list. The Commission shall decide on said petitions within ten (10) days upon receipt thereof and notify affected parties within five (5) day thereafter.

SEC. 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 national election and furnish copies thereof to all Philippine embassies and consulates or, where there are no such offices, to deputized Filipino associations or organizations abroad. Copies of the certified list of voters shall be posted in the Philippine embassies or consulates or in such other places as may be determined by the Commission. Upon payment of fees fixed by the Commission, the candidates, heads of political parties and accredited citizens' arms shall also be furnished copies thereof.

SEC. 11 - Transmittal, Printing, and Distribution of Ballots, Election Forms and Paraphernalia. -- The Commission shall, within sixty (60) days before the election, transmit by diplomatic pouch through the Department of Foreign Affairs to the different embassies and consulates abroad, the number of ballots for absentee voting corresponding to the number of registered Filipino voters abroad, and election forms and paraphernalia necessary to ensure the secrecy, integrity and sanctity of the votes cast. It shall be the duty and responsibility of the different embassies and consulates and concerned to distribute the ballots, election forms and paraphernalia in accordance with the guidelines issued by the Commission. In places where there are Philippine embassies or Consulates, such ballots shall be sent to qualified voters by mail or in whatever possible means directly to the residential or working addresses of qualified Filipinos abroad.

Party watchers 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.

SEC. 12. Regulation on Campaigning Abroad. -- Campaign materials of any candidate or political party may be sent to qualified Filipino voters by the political parties or candidates concerned: Provided, that, the Commission shall ensure equal opportunities to all candidates and political parties by regulating the size, number and format of campaign materials;

SEC. 13. Balloting Procedure. -- Ballots shall be prepared and mailed to registered absentee voters at their given address at least forty-five (45) days before the day of election.

The absentee voter may personally vote and cast his ballot in the voting center situated in the nearest diplomatic or consular office of the Republic of the Philippines on the day of the election. Otherwise, he may send his envelope directly to the Commission in Manila or to the corresponding diplomatic or consular office where he sojourns.

Every qualified absentee voter shall be entitled to cast his ballot at least fifteen (15) days before the day of election. All ballots shall be contained in a specially seated envelope with sealed markings. The voter shall be instructed that his ballot shall not be counted if not transmitted in the special envelope furnished him.

The ballots duly accomplished by absentee voters may be personally delivered or sent by registered mail to the diplomatic or consular officer concerned or directly to the Commission, and must be received by the same before the close of the designated voting hour.

SEC. 14. Counting and Canvass. -- Counting and canvass of absentee votes shall be conducted simultaneously with the counting and canvassing of votes for local and national elective officials. This process shall be open to the public.

For this purpose, the Commission shall constitute as many special boards of election inspectors in diplomatic and consular offices and its central office in Manila as may be necessary to count ballots. The Commission may deputize any Filipino from non-government organizations or any private entity, as well as Filipino government officials working and residing abroad as members of the boards of election inspectors abroad.

Only ballots received by the Commission and diplomatic and consular offices or boards of election inspectors abroad on or before the close of voting on the day of he election shall be included in the counting of votes.

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 equal rank in the Department of Education, Culture and Sports, as member, shall be constituted to canvass the election returns submitted to it by the boards of election inspectors.

For purposes of the 2001 elections, and until such time that an automated system of elections could be implemented as may be determined by the Commission, the counting and canvassing of absentee votes shall be done manually.

SEC. 15. Authority of the Commission to Promulgate Rules. -- The Commission shall, in consultation with the Oversight Committee created by virtue this Act, the Department of Foreign Affairs, the department of Labor and employment and other pertinent agencies of he government and non-government organizations, promulgate the necessary rules and regulations for the effective implementation of the provisions of this Act.

SEC. 16. Information Campaign. -- The Commission shall, in cooperation with concerned government agencies and non-government organizations, undertake the necessary information campaign for the purpose of educating the electorate on the manner of absentee voting within and outside of the Philippines.

SEC. 17. Access to Official records and Documents. -- Any person shall have the right to access and/or copy at his expense all registration records, voters list and other official records and documents subject to reasonable regulations.

SEC. 18. Assistance from Government Officials. -- All government officials to the extent practicable with their primary responsibilities, shall assist the Commission in carrying out the purpose of this Act. All such officials shall take reasonable measures to expedite the transmission, delivery and return of all election matters that the Commission may require them to perform. Whenever necessary, the Commission may send supervisory teams, headed by career executive service officers to assist the diplomatic or consular offices concerned.

SEC. 19. Security Measure to Safeguard the Secrecy and Sanctity of Ballots. -- At all stages of the electoral process, the Commission shall ensure that the secrecy and sanctity of the ballot shall be preserved. Towards this end, all necessary and practicable measures 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 electoral exercise and to prevent any and all forms of fraud and coercion.

SEC. 20. Prohibited Acts. -- Violations of any provision of this Act shall constitute an election offense whether committed in the Philippines or in the countries where absentee voting for qualified Filipinos may be conducted.

The penalties imposed in Section 264 of Batas Pambansa Blg. 881, otherwise known as the Omnibus Election Code of the Philippines, As Amended, shall be imposed upon any person found guilty of violating any provision of this Act.

SEC. 21. Oversight Committee. -- There shall be an Oversight Committee composed of three 93) members each from the Senate the House of Representatives and the Commission on elections to monitor and evaluate the implementation of this Act. A report to Congress shall be submitted within ninety (90) days from the date of election.

SEC. 22. Applicability of other Election Laws. -- The pertinent provisions of Batas Pambansa Blg. 881, As Amended, Republic Act no. 8189 and other election laws that are not in conflict with the provisions of this Act shall have suppletory effect.

SEC. 23. Appropriation. -- 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 and thereafter.

SEC. 24. Separability Clause. -- If any provision of this Act shall be declared unconstitutional or invalid, the same shall not affect the remainder hereof.

SEC. 25. Repealing Clause. -- All laws, executive orders, rules and regulations that are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 26. Effectivity. -- This Act shall take effect fifteen (15) days following is publication in any newspaper of national circulation.