Republic of the
Philippines
Republic of the Philippines
COMMISSION ON ELECTIONS
DEPARTMENT OF FOREIGN AFFAIRS
Manila
Manila
______________________________________________________________
NOTICE OF REGISTRATION AND ELECTION TO ALL FILIPINO CITIZENS
______________________________________________________________
Notice is hereby given that there will be regular national and local elections
in the Republic of the Philippines on May 10, 2004. Under Republic Act No. 9189,
otherwise known as “The Overseas Absentee Voting Act of 2003” (hereinafter, the
“Act”), all qualified citizens of the Philippines abroad may vote for President,
Vice-President, Senators and Party-List Representatives.
The requirements/procedure
for participation under the Rules and Regulations Implementing the Act are as
follows:
I.
Application for Registration/Certification As an Overseas Absentee Voter
A. Who are
qualified
1. All Filipino citizens, at least eighteen (18) years of age on the day of the election, not otherwise disqualified under the Act, who are not registered as a voter under Republic Act No. 8189, otherwise known as “The Voters Registration Act of 1996”, (hereinafter, “the system of continuing registration”), may file an application for registration.
2. All Filipino citizens, not otherwise disqualified under the Act, who are registered as a voter under the system of continuing registration, may file an application for certification.
B. Who are disqualified
The following are disqualified from filing an application for registration/certification:
1. Those who have lost their Philippine citizenship in accordance with Philippine laws;
2. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country;
3. Those who have been convicted by final judgment of a court or tribunal of an offense punishable by imprisonment of not less than one year, unless such disability has been removed by plenary pardon or amnesty;
4. Those who have been found guilty by final judgment of Disloyalty as defined under Article 137 of the Revised Penal Code, unless such disability has been removed by plenary pardon or amnesty;
5. An immigrant or a permanent resident who is recognized as such in the host
country, unless he/she executes upon filing of an application for registration
as overseas absentee voter, an affidavit declaring that:
He/she shall resume actual physical permanent residence in the Philippines not later than three (3) years from approval of his/her registration; and
He/she has not applied for citizenship in another country.
6. Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad, as verified by the Philippine embassy, consulate or foreign service establishment concerned, unless such competent authority subsequently certifies that such person is no longer insane or incompetent.
Persons disqualified under paragraphs (3) and (4) hereof and who have not been granted plenary pardon or amnesty shall automatically acquire or reacquire the right to vote as an overseas absentee voter upon the expiration of five (5) years after service of sentence.
C. Period of Filing
All applications shall be filed from May 5, 2003 up to August 4, 2003.
(NOTE: A SUBSEQUENT BULLETIN FROM THE COMELEC HAS RE-SET THE START DATE TO JUNE 2, 2003.)
D. Where to File
1. For qualified Filipinos already abroad during the period for application, an application for registration/certification may be filed with the representative of the Commission at the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction over the locality where he/she temporarily resides.
In case of qualified seafarers, an application for registration/ certification may be filed with the representative of the Commission at the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction over the locality where his/her vessel is docked.
2. For qualified Filipinos who are still in the Philippines during the period for application but will be abroad on election day, an application for registration/ certification may be filed with the Election Registration Board of the city/municipality/district where he/she is domiciled prior to his/her departure from the Philippines.
In case of qualified seafarers, an application for registration/ certification may be filed with the Election Registration Board of the city/municipality/district where he/she is domiciled prior to his/her departure from the Philippines, or with the Committee on Overseas Absentee Voting, Commission on Elections, Intramuros, Manila
E. Procedure/Documentary Requirements
1. For applications filed with the representative of the Commission at the Philippine embassy, consulate and other foreign service establishment
An applicant for registration/certification shall:
personally file his/her application for registration/certification;
present his/her valid Philippine passport, and also his/her Seaman’s Book, in case of qualified seafarers;
accomplish the prescribed application form in three (3) copies; and
submit the accomplished application form with three (3) copies of his/her passport; in case of a qualified seafarer, he/she must also submit three (3) copies of his/her Seaman’s book. In addition, an applicant must submit three (3) copies of his/her 1” by 1” photograph in case of applications for registration.
If an applicant cannot present a valid passport for reasons other than its loss or temporary unavailability, the applicant shall present substitute documents such as the applicant’s expired passport, duly authenticated birth certificate from the National Statistics Office, documentary proof of status in the host country, and other documents that will sufficiently establish the applicant’s citizenship, immigration status and identity.
In case of loss of or the applicant’s temporary inability to produce his or her valid passport, the applicant shall execute and submit an authenticated affidavit sufficiently describing the lost or unavailable passport, attaching a photocopy of its relevant pages, if available; and stating the circumstances of the loss or the reason/s for the temporary inability to produce the passport. The Department of Foreign Affairs (DFA) may require the substitute documents mentioned in the immediately preceding paragraph to establish the applicant’s citizenship, immigration status and identity.
2. For applications filed with the with the Election Registration Board or the Committee
An applicant for registration/certification shall:
personally appear before the Election Officer of the city/municipality where he/she is domiciled prior to his/her departure from the Philippines; in case of a qualified seafarer, before the Committee;
present his/her valid Philippine passport;
accomplish the prescribed application form in three (3) copies; and
submit the accomplished application form with three (3) copies of his/her passport duly authenticated by the DFA; in case of a qualified seafarer, he/she must also submit three (3) copies of his/her Seaman’s book. In addition, an applicant must submit three (3) copies of his/her 1” by 1” photograph in case of applications for registration.
II. Application to Vote In Absentia
All qualified citizens of the Philippines abroad whose applications for registration or applications for certification as overseas absentee voters have been approved may file an application to vote in absentia.
B. Period of Filing
All applications shall be filed from June 24, 2003 up to October 31, 2003.
C. Where to File
1. For qualified Filipinos already abroad during the period for application, an application to vote in absentia may be filed with the representative of the Commission at the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction over the locality where he/she temporarily resides.
In case of qualified seafarers, an application to vote in absentia may be filed with the representative of the Commission at the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction over the locality where his/her vessel is docked.
2. For qualified Filipinos, including seafarers, who are still in the Philippines during the period for application but will be abroad on election day, an application to vote in absentia may be filed with the Committee on Overseas Absentee Voting, Commission on Elections, Intramuros, Manila.
D. Manner of Filing
An applicant to vote in absentia shall:
1. file his/her application to vote in absentia personally or by mail;
2. accomplish the prescribed application form to vote in absentia in three (3) copies; and
3. submit the accomplished application form with four (4) copies of his/her 1” by 1” photograph and three (3) copies of his/her Certificate of Registration.
III. Casting and Submission of Ballots
1. Land-based overseas absentee voters whose application to vote in absentia has been approved shall cast their ballots at any time within thirty (30) days before the day of the election, starting on April 11, 2004, local time at the host country, up to 3:00 o’clock in the afternoon of May 10, 2004, Philippine time.
2. Seafarers whose application to vote in absentia has been approved shall cast their votes at anytime within sixty (60) days before the day of election, starting on March 12, 2004, local time at the host country, up to 3:00 o’clock in the afternoon of May 10, 2004, Philippine time.
Qualified overseas absentee voters shall cast their votes either personally, or by mail in countries where the same has been authorized by the Commission on Elections.
C. Place of Voting/Submission of Ballots
1. In case of personal casting of votes, ballots shall be cast only in the designated voting area within the premises of the Philippine embassy, consulate and other foreign service establishment, or in such other areas as may be determined by the Commission on Elections.
2. In case of casting of votes by mail, the voter shall place his/her ballot inside special envelopes provided for the purpose before mailing the same to the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction over the locality where he/she temporarily resides.
IV. Counting and Canvassing of Votes
A. Counting
The counting of votes shall be conducted in public and without interruption, on site in the country where the votes were actually cast. Counting shall be done only in the designated counting area within the premises of the embassies, consulates and other foreign service establishments, or in such other areas as may be designated by the Commission on Elections.
B. Canvassing
The canvassing of votes
shall be conducted in public and without interruption, within the premises of
the embassies, consulates and other foreign service establishments, or in such
other areas as may be designated by the Commission on Elections.