REFERENCES:

http://www.comelec.gov.ph/?
r=AboutCOMELEC/OverseasAbsenteeVoting/OAVResolutions/res9843/part1
1.

Field Voting refers to the conduct of voting for a limited period of time outside the Post in
places abroad where field registrations were conducted or in such areas overseas as may be
authorized by the Commission.

2.

Application for Registration/Certification As Overseas Voter (OVF No. 1 refers to the

form prescribed by the Commission to be used by an overseas voter in applying either for:
1.

registration as an overseas voter if he is not yet a registered voter under Republic Act
No. 8189, otherwise known as The Voters Registration Act of 1996; or

2.
3.

certification as overseas voter if he is already registered under the said Act;

Overseas Voter refers to a citizen of the Philippines who is qualified to register and vote
under the Overseas Voting Act of 2003 as amended, not otherwise disqualified by law, who is
abroad on the day of the elections.

4.

Overseas Voting refers to the process by which qualified citizens of the Philippines abroad
exercise their right to vote.

5.

Overseas Voting Certificate of Canvass refers to a document showing the date of the
election, the country in which it is held, the number of overseas voters qualified to vote, the
number of overseas voters who actually voted and the total votes obtained by each candidate
in a country.

6.

Personal Voting a mode of voting where the overseas voters personally appear to cast their
votes at the Posts or such other voting areas designated by the Commission.

7.

Postal Voting - a mode of voting where mailing packets, containing the official ballots and
other election paraphernalia, are sent to the voters through the mail or are personally
delivered to or picked-up by the voters at the Post or such other voting areas designated by
the Commission. Whereupon, the voters either mail or personally deliver their accomplished
ballots to the Post.

8.

Registered Overseas Voter refers to one whose application for registration or for
certification as overseas voter has been approved by the Resident Election Registration Board

under the Overseas Voting Act of 2003 as amended.

ART. 3. Requirements to become an overseas voter. All qualified Filipino citizens who
are not registered as a voter underRepublic Act No. 8189, otherwise known as The Voters
Registration Act of 1996, shall file an application for registration while those who are already
registered as a voter under the said Act shall file an application for certification.
10. In both cases, only those whose applications for registration or certification have been
approved, shall be allowed to vote for President, Vice-President, Senators and Party-List
Representatives as well as in all national referenda and plebiscites.
ART. 4. Publication and posting of notice of registration and election. At least six (6) months
before the start of the filing of application for registration, the Commission shall, through the Philippine
embassies, consulates and other foreign service establishments, publish once in a newspaper of
general circulation, or in local Filipino newspapers of wide circulation, in countries with not less than
Twenty-five thousand (25,000) Filipinos, the date, place and time of the holding of a regular or special
national elections and the requirements for the participation of qualified Filipino citizens abroad. n
addition, the Commission and the DFA shall post the said notice of registration and election in their
respective websites.
9.

ART. 18. Who may register. - All citizens of the Philippines, who are abroad or will be abroad during
the thirty (30)-day voting period, at least eighteen (18) years of age on the day of the elections and
not otherwise disqualified by law, may register.
ART. 19. Who may not register. - The following shall be disqualified from registering:
1.

Those who have lost their Filipino citizenship in accordance with Philippine laws;

2.

Those who have expressly renounced their Philippine citizenship or who have pledged
allegiance to a foreign country; except dual citizens as referred to under Republic Act No. 9225,
otherwise known as the Citizenship Retention and Reacquisition Act of 2003;

3.

Those who have committed and are convicted in a final judgment by a court or tribunal of an
offense punishable by imprisonment of not less than one (1) year, such disability not having
been removed by plenary pardon or amnesty; Provided, however, That any person disqualified
to register under this subsection shall automatically acquire the right to vote upon expiration
of five (5) years after service of sentence;

4.

Any citizen of the Philippines abroad previously declared insane or incompetent by competent
authority in the Philippines or abroad, as verified by the Philippine embassies, consulates or
Foreign Service establishments concerned, unless such competent authority subsequently

certifies that such person is no longer insane or incompetent.

ART. 20. Where to file application for registration/certification. - OVF No. 1 may be filed at any
Post abroad or at designated registration centers outside the post or in the Philippines as approved by
the Commission.
ART. 21. Requirements for filing of applications for registration/ certification. - Every
applicant shall accomplish OVF No.1and submit the following:
1.

Valid Philippine passport to establish his identity. In the absence of a valid passport, a
certification of the DFA that it has reviewed the appropriate documents submitted by the
applicant and found them 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 same for a valid reason; and

2.

In case of applicants who availed themselves of the Citizenship Retention and Reacquisition
Act (RA 9225), the original or certified true copy of the Order of Approval of their application
to retain or reacquire their Filipino citizenship issued by Post or their Identification Certificates
issued by the Posts or the Bureau of Immigration; or

3. In case of seafarers a photocopy of their Seamans Book or any other pertinent document.
ART. 22. Registration/certification procedures. The following procedures shall be observed by
the applicants, representatives of the Commission and VRM Operators:
A. The applicants shall:
1. Secure OVF No. 1 either by getting it from the Post or by downloading it from the
websites of COMELEC, DFA or any Post;
2. Accomplish the form and personally appear before the representative of the
Commission at any Post abroad or at the designated registration centers
outside the post or in the Philippines as approved by the Commission;
3. Submit the accomplished OVF No.1 and supporting identification documents as
provided under these Rules. The Commission may require additional documents to
establish the identity and qualification of the applicant.
ART.25. Composition of Resident Election Registration Boards (RERB). -

A. The RERB in each Posts shall be composed to the following:

1.

A career official of the DFA as Chairperson;

2.

The most senior officer from the Department of Labor and Employment (DOLE) or
attache of any government agency of the Philippines maintaining offices abroad as
member; and

3.

A registered overseas voter as member.

B. The RERB in the OFOV shall be composed of:

1.

A senior official of the Commission as Chairperson;

2.

The officer from the Department of Foreign Affairs (DFA) as member; and

3. Department of Labor and Employment (DOLE) as member;

Provided that those who will be appointed as members of the RERB from the DFA and DOLE must have
a rank not lower than division chief or its equivalent.
ART. 26. Qualifications of members of RERB. A. Members of the RERB in the Posts must be:
1.

Filipino citizens;

2.

Of known probity, proven competence and integrity;

B. Members of the RERB in the OFOV must be:

1.

Filipino citizens;

2. Of known probity, proven competence and integrity.

ART. 27. Disqualification of members of RERB. - No member of the RERB shall be related to each
other or to the incumbent President, Vice-President, Senators or Party-list Representatives in the House
of Representatives, within the fourth civil degree of consanguinity or affinity.
ART. 32. Filing of oppositions/objections. - Any interested party may file a verified
objection/opposition to the application at least seven (7) days before the date set for hearing.
1.

If objections are filed, the Chairperson of the RERB shall immediately notify the concerned
applicants of the objections by personal service or by registered mail, together with copies of
the objections and the documents submitted in support thereof, if any. In case of the RERB in
the OFOV, the notice shall be sent to the applicants authorized representatives.

2.

The applicants shall, within five (5) days from receipt of the copy of the objection, file
personally or by registered mail their Answers that clearly state their defenses. The Answers, if
executed abroad, shall be duly sworn to before any consular officer authorized to administer
oath or authenticated by the Post if notarized by a non-consular officer, at no cost to the
applicant. If the Answers are executed in the Philippines, the same shall be sworn to before any
officer authorized to administer oath. For this purpose, the date postmarked in the envelope
containing the Answer shall be considered as the date of filing. Answers to objections filed
during the last month of registration period should be received by the RERB not later than the

last day of hearing.

ART. 33. Nature of the proceedings of the RERB. - The proceedings of the RERB shall be
summary in nature. No motions shall be allowed except motions for reconsideration on the
approval/disapproval of the Applications for Registration/Certification. Unnecessary delays in the
proceedings shall not be countenanced. Arguments and manifestations, if any, by the parties or their
lawyers/representatives must be filed in writing and be attached to the Minutes.
ART. 34. Approval or disapproval of applications. - For Applications for Registration/Certification,
the RERB shall, on the date set for hearing:

1.

Determine whether the applicant possesses all the qualifications and none of the
disqualifications for registration. If applicants meet all the qualifications and none of the
disqualifications for registration and no objections have been filed, the RERB shall approve the
application; otherwise, the same shall be disapproved. If objections have been filed, with or
without the corresponding Answers, the same shall immediately be acted upon.

2.

If applicants filed their applications for Registration and upon verification from the NLRV, they
are registered voters in the Philippines, the applications shall be approved and shall be treated
as applications for Certification.

3.

If upon verification from the NLRV, the applicants are registered voters of another Post, the

same shall be treated as applications for transfer to be forwarded to the OFOV.

4. ART. 37. Remedy for disapproved application for registration/ certification. - For
applications disapproved by the RERB, the applicants or their authorized representatives,
within a period of five (5) days from receipt of the notice of disapproval of their application for
registration/certification, may file a motion for reconsideration before the RERB which shall
decide the same within five (5) days after its filing on the basis of the documents submitted
but not later than one hundred twenty (120) days before the start of the overseas voting
period.
5. The name of the movant/applicant shall be included in the NROV, if the motion for
reconsideration is given due course by the RERB.
6. The resolution of the RERB shall be immediately executory, unless reversed or set aside by the
Court.
ART. 46. Transfer of registration records. Registered overseas voters may request for the
transfer of their registration records in the following cases:
1.

In case of transfer of residence under the jurisdiction of one Post to another residence under
the jurisdiction of another Post; or

2.

In case of transfer of residence in a particular foreign country to another residence in another

country but within the jurisdiction of the same Post; or

3.

In case of transfer of residence under the jurisdiction of one Post back to the Philippine
municipality/city/district of the voters residence as indicated in OVF No. 1; or

4.

In case of transfer of residence under the jurisdiction of one Post back to the Philippine

municipality/city/district other than the voters residence as indicated in OVF No. 1.

ART. 50. Deactivation of registration records. The registration records of the following registered
overseas voters shall be deactivated:
1.

Any person who has been sentenced by final judgment by a Philippine court or tribunal to
suffer imprisonment for not less than one (1) year, such disability not having been removed by
plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this
paragraph shall automatically reacquire the right to vote upon the expiration of five (5) years
after service of sentence, as certified by the Clerks of Courts of the Municipal, Municipal
Circuit, Metropolitan, Regional Trial Courts or the Sandiganbayan;

2.

Any person declared by competent authority to be insane or incompetent, unless such

disqualification has been subsequently removed by a declaration of a proper authority that
such person is no longer insane or incompetent;

3.

Any person who did not vote in two (2) consecutive national elections as shown by voting
records; and

4. Any person whose registration has been ordered excluded by the courts.
ART. 58. Removal or deletion or cancellation of entries in the NROV. The names of the
following registered overseas voters shall be removed/deleted/cancelled in the NROV:
1.

Those who filed a letter under oath addressed to the OFOV requesting that their names be
removed from the NROV or transferred to the regular registry of voters;

2.

Those who have been proven to have lost their Filipino citizenship;

3.

Those who died.

4.

ART. 63. Regulation on campaigning abroad. The use of campaign materials, as well as the limits on
campaign spending shall be governed by the laws and regulations applicable in the Philippines and subject
to the limitations imposed by laws of the host country, if applicable.

5.

Personal campaigning of candidates shall be subject to the laws of the host country.

6.

All forms of campaigning within the thirty (30) day voting period shall be prohibited.

7.

ART. 86. Period for casting of votes. Casting of votes shall be for a period of thirty (30) continuous
calendar days beginning at 8:00 oclock in the morning of the voting period, local time of the host country
until 7:00 oclock in the evening of election day, Philippine time inclusive of all established holidays in the
Philippines and such other holidays in the host countries.

8.

Except on the first day of the voting period, Philippine time, when all Posts are required to open at 8:00
oclock in the morning, local time, the Post may adopt a flexible schedule for the operation of the various
SBEIs; provided it is continuous and it will not be less than eight (8) hours a day, taking into account the
availability of voters and the primary responsibilities and functions of the members of the SBEIs.

9.

If at 7:00 oclock in the evening of election day, there are still voters who have not yet cast their votes
within the thirty (30) meters in front of the polling place, the voting shall continue to allow said voters to
cast their votes without interruption. The Poll Clerk shall, without delay, list the names of said voters. The
voters listed shall be called to vote by the Poll Clerk by announcing each name three (3) times in the order
in which they are listed. Any voter who is not present when called shall not be permitted to vote at any
later

MODES OF VOTING
In the determination of the mode to be adopted, the following criteria should be considered:
a.

Number of registered voters;

b.

Accessibility of the Posts;

c.

Efficiency of the host countrys applied postal system; and

d.

Such other circumstances that may affect the conduct of voting.

ART. 89. Place of voting. Casting of votes shall be done in the designated voting area within the
premises of the Post that has jurisdiction over the country where the voter resides, or at any polling
place designated and accredited by th
ART. 98. Prohibition on premature announcement of voting. No member of the SBEI shall,
before the termination of the voting, make any announcement as to whether a certain registered voter
has already voted or not, as to how many have already voted or how many so far have failed to vote,
or any other fact tending to show or showing the state of the polls, nor shall he make any statement at
any time, except as witness before a court or body as to how any person voted.e Commission.
ART. 90. Personal voting. A mode of voting where the voters personally appear to cast their votes
at the Posts or such other voting areas designated by the Commission.
ART. 106. Postal voting. - A mode of voting where mailing packets, containing the official ballots and
other election paraphernalia, are sent directly to the voters or directly to the post from COMELEC.
For mailing packets sent directly to the voter, the voter may either mail or personally deliver the
accomplished ballots to the Post.

For mailing packets sent directly to the post, the voter may pick-up the packet from the post or the
SBRCG may mail the packet to the voter. The voter may either mail or personally deliver the
accomplished ballot to the Post.
Failure to affix their signatures shall invalidate the ballot.
ART. 112. Invalid ballots. - The following constitute invalid ballots and shall not be included in the
counting:
1.

Those not contained in the Ballot Envelopes provided by the Commission;

2.

Those contained in the Ballot Envelopes but received after the close of voting hours on election day;

3.

Those contained in the Ballot Envelopes, but the envelopes do not bear the signatures of the voters; or

4.

Those contained in the Ballot Envelopes where the serial numbers of the ballot coupons are different from
the assigned numbers as indicated in OVF No. 2-A.

ART. 113. Questionable ballots. - The following constitute questionable ballots and shall be subject
to verification before counting:
1.

If the signature in the Ballot Envelope is not identical; or

2.

Those contained in the Ballot Envelopes, but the envelopes do not bear the signatures of the

voters.
ART. 116. Voting by seafarers. - A mode of voting by which ship officers and ratings manning ships,
including offshore workers, service providers and fishermen, who are registered overseas voters, may
cast their ballots during the voting period.
ART. 118. Field Voting. Refers to the conduct of voting for a limited period of time outside the Post
in places where field registrations were conducted abroad or in such areas overseas as may be
authorized by the Commission.
ART. 120. Counting site. The counting of votes shall be conducted on site in the country where the
votes were actually cast within the premises of the Posts, or in such other places as may be designated
by the Commission.
ART. 122. Manner of counting. The counting of votes shall be conducted publicly and without
interruption. Unless otherwise ordered by the Commission, the SBEI shall not adjourn or postpone or
delay the counting until it has been fully completed.
ART. 123. Start of counting. The counting of votes shall start immediately after the close of voting
hours on election day.
ART. 129. Alteration and correction in the election returns. Before the announcement of the
results of the election, the SBEI may, on its own, make any correction or alteration in the election
returns, provided, that all the members thereof duly initial the corrections or alterations.
After announcement of the results of the election in the polling place, the SBEI shall not make any
alteration or amendment in any of the copies of the election returns.
ART. 130. Transmission of results. Immediately upon the completion of the counting, the SBEIs
shall transmit via facsimile and/or electronic mail the results to the Commission in Manila and the
accredited major political parties.
ART. 140. Voting privilege of members of the SBOC. - Government employees posted abroad
who will perform election duties as members of the SBOC shall be allowed to vote in their respective
posts provided they are registered voters either in the Philippines or as overseas voters.
ART.158. When the Election Returns are delayed, lost or destroyed. In case its copy of the
election returns is missing, the Board shall, by authorized messenger, immediately obtain the same
from the SBEI concerned, or if the said election return has been lost or destroyed, the Board, upon
prior authority of the Commission, may use any of the authenticated copies or a certified copy of said
election returns and investigate the case and immediately report the matter to the Commission.
The Board, notwithstanding the fact that not all the election returns have been received by it, may
terminate the canvass upon prior authority of the Commission.

ART.159. Material defects in the Election Returns. If it should clearly appear that some
requisites in form or data have been omitted in the election returns, the Board shall call for all the
members of the SBEI concerned by the most expeditious means, for the same SBEI to effect the
correction: Provided, That in case of the omission in the election returns of the name of any candidate
and/or the candidates corresponding votes, the Board shall require the SBEI concerned to complete
the necessary data and affix therein their initials: Provided further, That if the votes omitted in the
election returns cannot be ascertained by other means except by recounting the ballots, the election
returns shall be set aside, record in the Minutes and report to the Commission.
For this purpose, the members of the SBEI shall remain and be present before the Board until the
election returns of their precinct had been canvassed.

ART. 160. When Election Returns appear to be tampered with or falsified. If the election
returns submitted to the Board appear to be tampered with, altered or falsified after they have left the
hands of the SBEI or otherwise not authentic, or were prepared under duress, force, intimidation, or
prepared by persons other than the members of the SBEI concerned, the Board shall use the other
copies of said election returns. If necessary, the copy of the election returns inside the ballot box may
be retrieved in accordance with Article 220 of the Omnibus Election Code upon previous authority
given by the Commission. If the other copies of the election returns are likewise tampered with,
altered, falsified, not authentic, prepared under duress, force or intimidation, or prepared by persons
other than the members of the SBEI, the matter shall be brought to the attention of the Commission
which shall proceed as provided in Article 235 of the Omnibus Election Code.
ART. 161. Discrepancies in Election Returns. In case there exist discrepancies between the
votes in words and the votes in figures of any candidate, the votes in words shall prevail. If the
discrepancy is in the tally (tara) as against the votes obtained in words or in figures in the same
election returns, the votes in the tally (tara) shall prevail.
ART. 162. Canvass to be completed at earliest possible time. Subject to reasonable
exceptions, the Board shall complete its canvass within thirty-six (36) hours.
ART. 163. Pre-proclamation cases not allowed. For purposes of the elections for President, VicePresident, Senator and Party-list Representatives, no pre-proclamation case shall be allowed on
matters relating to the preparation, transmission, receipt, custody and appreciation of the election
returns. However, this does not preclude the authority of the Board to motu proprio or upon written
complaint of an interested person to correct manifest errors in the election returns before it.
ART. 174. Authority to adopt automated election system. The Commission may use for
overseas voting, the automated election system adopted in the Philippines.
The OFOV, in consultation with the DFA-OVS, shall determine the countries or Posts where the
automated election system shall be used, taking into consideration the minimum criteria which shall
include the number of registered voters, accessibility of the Posts, efficiency of the host countrys
applied system and such other circumstances that may affect the conduct of voting.