Sie sind auf Seite 1von 28

.

"

Republic of the Philippines


COMMISSION ON ELECTIONS
Manila

IN THE MATTER OF AMENDING


LIM, Christian Robert S. Acting Chairman
CERTAIN PROVISIONS OF PARRENO, Al A., Commissioner
RESOLUTION NO. 10167 DATED GU/A, Luie Tito F., Commissioner
OCTOBER 28, 2016, OTHERWISE LIM, Arthur D., Commissioner
KNOWN AS THE RULES AND GUANZON, Ma. RowEma Amelia V., Commissioner
ABAS, Sheriff M. Commissioner
REGULATIONS ON THE CONDUCT
OF THE CONTINUING
REGISTRATION FOR OVERSEAS
VOTING, FOR PURPOSES OF THE PROMULGATED October 27
MAY 13, 2019 NATIONAL
ELECTIONS.
x- - - ----- - ----- - - ----- - - ---x

RESOLUTION NO. 102�

WHEREAS, by Resolution No. 9843 promulgated on15 January


2014, the Commission on Elections (Commission) issued the Implementing
Rules and Regulations of Republic Act No. 10590, otherwise known as "An
Act Amending Republic Act No. 9189, Entitled: "An Act Providing for a
System of Overseas Absentee Voting by Qualified Citizens of the
Philippines Abroad, appropriating Funds therefore and for other Purposes'."

WHEREAS, by Resolution No. 10167 promulgated on 28 October


2016, the Commission issued the Rules and Regulations on the conduct of
Continuing Registration for Overseas Voting for purposes of the May 13,
2019 National Elections and subsequent elections thereafter;

WHEREAS, to ensure the proper and orderly conduct of the


continuing registration for overseas voting, there is a need to amend certain
provisions of Resolution No. 10167;

NOW THEREFORE, pursuant to its authority under the Constitution,


the Omnibus Election Code, Republic Acts No. 9189 and 10590, and other
election laws, the Commission RESOLVED, as i1t hereby RESOLVES, to
promulgate the following amendments to COMELEC Resolution No. 10167
on the conduct of Continuing Registration for Overseas Voting.
RULE I
GENERAL PROVISIONS AND MEANING OF WORDS

Section 1. Declaration of policy. - It is the policy of the Commission to


establish a clean, complete, permanent and updated list of overseas voters
through the taking of photograph, fingerprints and' signature (biometrics) in
the registration process.
1
I,

..,

Sec. 2. Title. - These Rules shall be known and cited as "Rules and
Regulations for the Conduct of Continuing Registration on Overseas Voting
for Purposes of the May 13, 2019 National Elections and subsequent
elections thereafter...

Sec. 3. Coverage. - All citizens of the Philippines abroad, not otherwise


disqualified by law, at least eighteen (18) years of age on the day of
elections, and a registered overseas voter, may vote for President, Vice­
President, Senators and Party-List Representatives as well as in all
national referenda and plebiscites.

Sec. 4. Meaning of words. - As used in these Rules:

a. Application for Registration/Certification As Overseas Voter (OVF


No. 1) - refers to the form prescribed by the Commission to be used by
Philippine citizens who intends to apply for re�Jistration/ certification as
an overseas voter.

b. Certified List of Overseas Voters (CLOV) - refers to the list of


registered overseas voters whose applications to vote have been
approved by the RERB. Said list to be prepared by the Office for
Overseas Voting (OFOV) of the Commission, on a country-by-country
and post-by-post basis. The list shall be approved by the Commission
in an En Banc resolution.

c. Commission - refers to the Commission on EIE�ctions.

d. Day of Election - refers to the actual date of elections in the


Philippines.

e. Department of Foreign Affairs - Overseas Voting Secretariat (DFA­


OVS) - refers to the secretariat based at the Department of Foreign
Affairs (DFA) home office tasked to assist the Office for Overseas
Voting (OFOV) under the Commission, and to direct, coordinate and
oversee the participation of the DFA in the implementation of the
Overseas Voting Act of 2003 as amended.

f. Field Registration - refers to the conduct of registration of overseas


voters at predetermined locations, either in the Philippines, as may be
determined by the Commission, or outside the posts, upon the
favorable recommendation of the DFA-OVS, both being of limited
duration and based on the guidelines prescribe�d by the Commission for
that exclusive purpose. The government shall not collect fees for the
conduct of field registration.

g. List of Overseas Voters with Voting Records - refers to the certified


list of overseas voters containing their names and biometrics, arranged
alphabetically, for use by SBEI during the voting period.

2
h. Mobile Registration - refers to the conduct of registration of overseas
voters at various locations outside the posts, other than at the field
registrations, undertaken as part of the post's mobile consular and
outreach activities to Filipinos within their jurisdictions.

1. Municipal/City/District Registry of Overseas Voters (ROV) - refers


to the consolidated list prepared, approved and maintained by the
Commission for every municipality/city/district of overseas voters
whose applications for registration as such, including those registered
voters under Republic Act No. 8189, "Voter's Registration Act of
1996", who applied for certification as overseas voters, have been
approved by the Election Registration Board and/ or Resident Election
Registration.

J. National List of Registered Voters (NLRV) - refers to the


consolidated list of registered voters under Republic Act No. 8189, and
those registered voters under the Overseas Voting Act of 2003 as
amended.

k. National Registry of Overseas Voters (NROV) - refers to the


consolidated list prepared, approved and maintained by the
Commission. This list contains the names of overseas voters whose
applications for registration as overseas voters, including those
registered voters under Republic Act No. 8189 who have applied to be
certified as overseas voters, have been approved by the resident
Election Registration Board, indicating the post where the overseas
voter is registered.

I. Office for Overseas Voting (OFOV) - refers to the Office of the


Commission tasked to oversee and supervise the effective
implementation of the Overseas Voting Act of 2003 as amended.

m. 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.

n. Overseas Voting - refers to the process by which qualified citizens of


the Philippines abroad exercise their right to vote.

o. Overseas Voter Registration Record - refers to the application for


registration/ certification approved by the Resident Election
Registration Board (RERB) or the computer generated document which
contains the demographic and biometric information of an overseas
voter.

p. Posts - refer to the Philippine embassies, consulates, foreign service


establishments and other Philippine governmEmt agencies maintaining
offices abroad, e.g., the Philippine Overseas Labor Offices (POLO)

3
'\

having jurisdiction over the places where overseas voters reside. For
purposes of overseas voting, Posts shall also mean to include the
Manila Economic & Cultural Offices (MECOs) in Taiwan.

q. 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.

r. Representative of the Commission - refers to the officials and


employees of the Foreign Service Corps, including the Filipino
contractual or project term employees that the� embassies, consulates
and other foreign service establishments locally hired at the host
country, deputized by the Commission pursuant to the Overseas Voting
Act of 2003 as amended.

s. Resident Election Registration Board (RERB) - refers to the in­


house Election Registration Board in every Post and in the OFOV,
which processes, approves or disapproveis all applications for
registration and/or certification as overseas voters, including
deactivation, reactivation and cancellation of registration records.

t. Seafarers - refer to ship officers and ratings manning ships, including


offshore workers, service providers and fishermen, as defined in the
Revised Rules on the issuance of Seafarer's Identification and Record
Book of the Maritime Industry Authority.

u. Voters Registration Machine (VRM) - refers to the machine used to


capture and store digital images of a person's images, fingerprints and
signature, together with all other information regarding an overseas
voter applicant.

v. Voting Period - refers to a continuous thirty (30)-day period, the last


day of which is the day of the election, inclusive of established holidays
in the Philippines and of such other holidays in the host countries.

RULE 2
REGISTRATION REQUIREMENTS AND PROCEDURES

Sec. 5. Period of filing applications for registration. - Applications for


registration may be filed from December 1, 2016 to September 30, 2018.

Sec. 6. 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.

Sec. 7. Who may not register. - The following shall be disqualified from
registering:
4
' 'I

a. Those who have lost their Filipino citizenship in accordance with


Philippine laws;

b. 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;

c. 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;

d. 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.

Sec. 8. Where to file applications for registration/certification. ·- OVF


No. 1 may be filed at any Post abroad or at designated registration centers
outside the Post or in the designated registration centers in the Philippines
as approved by the Commission.

Sec. 9. Requirements for filing of applications for registration/


certification. - Every applicant shall accomplish OVF No.1 and submit the
following:

1. Valid Philippine passport to establish his/her 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.

5
Sec. 10. A new Section 10 (II) (e) and (IV) are inserted, (Ill) (f) and (V)
(vi) are amended, (Ill) (g) and (D) are renumbE�red as (V) and (VI) to
read as follows:

Sec.10. Registrationlcertificationprocedures. - The following procedures


shall be observed by the applicants, representatives of the Commission
and VRM Operators:

I. The applicants shall:

a. Secure OVF No. 1 either by:

1. getting it from the Post;

11. downloading it from the websites of COMELEC, DFA,


OFOV or any Post; or

iii. filing "on line" using the iRehistro facility of the Commission
found at the COMELEC website at vvWw.comelec.gov.ph for
purposes of encoding the demographics and setting an
appointment for the capturing of biometrics. For this
purpose, the applicant has to print the application form and
personally appear before the Post on the date and time of
scheduled appointment to submit the application for
registration and for purposes of capturing of biometrics;

b. Accomplish the form either manually or on-line;

c. 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;

d. 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.

II. The representative of the Commission shall:

a. Determine the identity of the applicants by verifying the passport


or such other documents that may sufficiently establish their
identity;

b. Verify in the NLRV whether the applicant's name is in the list:

1. If applicant's name is included in the NLRV as registered


voter with biometrics, in the Post, he/she need not register
anew.
6
, I

11. If applicant's name is not included in the NLRV, tick off


in OVF No. 1 the portion "for Registration"

111. If applicant's name is included in the NLRV as registered


voter in the Philippines, tick off in 0\/F No. 1 the portion "for
Certification".

1v. If applicant's name is included in the NLRV as registered


overseas voter without biometrics, in the Post, write on the
appropriate space of OVF No. 1, the Application Numbers
previously assigned to the applicant as appearing in the
NLRV. In this case, the form shall be stamped "for data
capturing only".

v. If applicant's name is included in the NLRV as voter with


biometrics, in another Post, applicant should be advised not
to register anew, but instead to apply for transfer of his/her
registration records to the Post with jurisdiction over his/her
current residence. OVF No. 1 B, Letter-Request of Transfer
shall be issued to the applicant.

vi. If applicant's name is included in th,e NLRV as voter without


biometrics, in another Post, the applicant should be advised
to accomplish OVF No. 1 B and OVF No. 1. The VRM
Operator shall write on the appropriate space the
Application Number previously assigned to the voter as
appearing in the NLRV. For this purpose, the form shall be
stamped "for data capturing only".

c. Ensure that the OVF No.1 issued to the applicants have been
accomplished legibly, accurately and completely; and

d. Direct the applicants to the Voter Registration Machine (VRM)


operator for the live capture of their biometrics.

e. Administer the oath found in OVF N<>. 1 after it is properly


initialed by the VRM Operator.

Ill. The VRM Operator shall:

a. Generate the application form number and write on the upper


right hand portion of the accomplished OVF No. 1 for new
applicants for registration/certification;

b. Encode the demographics required by the Voter Registration


System (VRS );

c. Capture the applicant's biometric data. If applicant does not


submit for the live capture of biometrics, the applicant shall be
informed that the application shall be dee�med not filed.
7
'·'

d. In case of defective or non-availability of VRM, the representative


of the Commission shall:

1. Require the applicant to affix his/her right thumbprint on the


available space between the boxes for the Date and
Signature of the Applicant on OVF No.1;

11. Accomplish OVF No. 1 C - Certificatiion on VRM Malfunction


that on the day of the filing of said application, the VRM was
defective or not available. The OVF No. IC shall be
attached to the applicant's OVF No. 1 and shall be placed
in a separate file;

111. Advise the applicant to submit to live biometrics capture as


soon as the VRM becomes availablle. For this purpose, the
Post shall notify the applicant;

Failure on the part of the applicant to appear despite notice


for biometric capturing shall render the applicant's OVF No.
1 as not filed, without prejudice to the applicant's
appearance at a later time during the registration period for
biometrics taking.

e. Affix initials under the space provided for the signature of the
Administering Officer, in OVF No.1;

f. Return the initialed OVF No. 1 to the applicantand direct him/her


to proceed to the administering officer,.

IV. The Administering Officer shall:

(a) Verify if the OVF No. 1 has been duly initialed by the
VRM Operator;

(b) If initialed, administer the Oath found in OVF No. 1;

(c) If not, direct the applicant to return to the VRM Operator


for biometrics capture. The absence of the initials of the
VRM operator shall be construed as applicant's failure
to submit to live capture of his/her biometrics.

V. The VRM Operator shall:

a. At the end of each day:

1. Save to CD all records captured for the day.

11. Gather all accomplished application forms and compact


discs (CDs).

8
111. Compile all accomplished application forms alphabetically
by surname; and

1v. Store the application forms, CDs, other forms and supplies
in a safe and secure place. CDs that are not yet full or have
not been finalized shall be used in the succeeding
registration day.

g. At the end of each quarter or month:

1. Generate a list of those who applied for registration or


certification, and other applications. Said list shall be posted
in the COMELEC website (for applications received from
the designated registration centers in the Philippines) and
DFA website (for applications received abroad);

ii. Determine if the name of the applicant is included in the


NLRV. If included, determine whether the applicant is
registered as overseas voter or in the Philippines. If
registered as overseas voter, annotate in the OVF No.
1 and in the generated list, the phrase "Already registered
in the post". Thereafter, prepare a list of applicants of
"Already registered overseas voter";

111. Submit to the RERB all OVF No. 1 received for the quarter
or month, including the list of applicants for approval/
disapproval.

h. After RERB hearing:

1. Segregate approved from disapproved OVF No. 1;

11. Mark all disapproved records in the database;

111. Generate List of Applicants with Approved OVF No. 1;

1v. Generate List of Applicants with Disapproved OVF No. 1;

v. Back-up in a CD all records approved for


registration/certification, reactivation, transfer, including
records updated/ edited due to change of name and
change of address for the month; and

v1. Submit the back-up CD, list of all approved applications,


and scanned copies of all approvedOVF No. 1, to the
OFOV through the DFA-OVS within five (5) days after
hearing.

All hard copies of applications shall remain in the custody of


the Post/OFOV.
9
The representative/s of the Commission as described in
this section,VRM Operator, and members of the RERB may be
charged criminally and/or administratively, for failure to comply with
the procedures under items II and Ill hereof.

VJ.The OFOV shall:

a. Obtain from the RERBs after each hearing, all applications acted
upon by them, and on the basis thereof, consolidate the contents
of the back-up CDs received from the posts and designated
registration centers in the Philippines;

b. Create two (2) back-up CDs of the consolidated records; and

c. Endorse the CD containing the consolidated records to the


Information Technology Department (ITD) of the Commission for
Automated Fingerprint Identification System (AFIS) processing of
all records and thereafter, print the Overseas Voters Registration
Record (OVRR) including Identification Card, NROV and CLOV.

RULE3
FIELD AND MOBILE REGISTRATION

Sec. 11. Overseas Field or Mobile Registration. - The Post may conduct
field or mobile registrations subject to the following guidelines:

a. The host government allows such field or mobile registration activities/


services;

b. The conduct of field or mobile registration services will not compromise


the security, integrity and sanctity of the registration process including
the use of VRM and its related materials;

c. Field or mobile registration services will benefit a substantial number of


Filipinos in areas under the jurisdiction of the Posts;

d. Information on the different schedules of field or mobile registration


activities shall be widely disseminated by the Post;

e. The conduct of field or mobile registration services shall be consistent


with the provisions of the Overseas Voting Act of 2003 as amended
and the procedures prescribed by the DFA Internal Guidelines;

f. Field or mobile registration services shall be undertaken by the


authorized representatives of the Commission;

g. The conduct of mobile registration services will not entail any expense
on the part of the Commission while the field negistration services shall

10
be conducted, upon prior approval of the Commission through the
OFOV, and with the least expense on the part of the Commission; and

h. Post that will conduct field or mobile registration shall use VRMs from
their current inventory.

Sec. 12. Local Field Registration. - All local field registration meet the
following guidelines:

a. The Commission, through the OFOV, authorizes such field registration


activities;

b. The conduct of field registration will not compromise the security,


integrity and sanctity of the registration process;

c. The information on the different schedules shall be widely disseminated


by the OFOV, DFA-OVS and the government or private agencies
involved;

d. The field registration shall be undertaken by the OFOV in coordination


with the DFA-OVS and other government or private agencies deputized
by the Commission; and

e. The conduct of the field registration shall be consistent with the


provisions of Overseas Voting Act of 2003 as amended.

RULE4
RESIDENT ELECTION REGISTRATION BOARD (RERB)

Sec. 13. Composition of Resident Election Registration Boards


(RERB).

A. The RERB in each Posts shall be composc�d of 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.

In the absence of an officer from the Department of Labor and


Employment (DOLE) or attache' of any government agency of the
Philippines maintaining offices abroad, a careier official of the DFA at
the Post may be designated as member.

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

11
1. A senior official of the Commission as Chairperson;

2. An officer from the Department of Foreign Affairs (DFA) as


member; and

3. An officer from the Philippine Overseas Employment


Administration (POEA) of the 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.

Sec. 14. Qualifications of members of RERB. -

A. Members of the RERB in the Posts and in the OFOV must be:

1. Filipino citizens; and

2. Of known probity, proven competence and integrity.

Sec. 15. 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.

Sec. 16. Appointment of members of RERB. - Tlhe Commission, through


the Commissioner-in-charge of the OFOV, shall appoint the members of
the RERB upon the recommendation of the DFA-OVS.

Sec. 17. Honoraria. -In case RERB hearings were conducted during the
month, each member of the RERB, the VRM Operator, and Administering
Officer shall be entitled to a monthly honorarium at the rate provided
herein:

No. of Applications heard Honorarium

1-200 50US$

201-400 75US$

401-600 100US$

601 or 1000 150US$

1001 or higher 200US$

12
Any person who serves in dual or multiple capaci1ties as RERB Member,
VRM Operator, and/or Administering Officer, shall receive only one ( 1)
monthly honorarium.

All Posts shall designate one regular (1) administeriing Officer. The number
of VRM Operators to be designated shall be equivalent to the number of
VRMs assigned to the Post.

Sec. 18. A new Section 18 (I) (e) and (II) (e) are hereby amended as
follows:

Sec. 18. Duties and functions of the RERB. - The RERB shall have the
following duties and functions:

I. RERB AT THE POST

a. Post at the bulletin board of the Post and in its website, the
names of the applicants and the dates when their applications
shall be heard, as well as the place where the RERB will hold its
hearing;

b. Notify, through the OFOV, all political parties and other parties
concerned of the pending applications through a weekly updated
publication in the website;

c. Act on all applications received by the Posts;

d. Notify all applicants, whose applications have been disapproved,


stating the reasons for such disapproval;

e. Prepare a list of all approved applications after each hearing and


post the same at the bulletin board of the Post, and on the
website of the Post, if any. The information above-cited shall
be made available to the DFA-OVS for posting at its own
website and that of the Commission;

Upon request of the Post, through the DFA-OVS, the


Commissioner-in-Charge (CIC) of the OFOV may constitute
as many additional RERBs as may be necessary, and/or
authorize the conduct of RERB monthly hearings, to ensure
that all applications are acted upon within the period
prescribed herein in accordance with the number of
applications to be heard.

f. Submit to OFOV, through DFA-OVS, the list of approved


applications during each hearing and the CDs containing the
biometrics and demographics of the applicants within five (5)
days after conclusion of the hearing;

13
g. Deactivate the registration records of overseas voters in
accordance with these Rules;

h. Reactivate the registration records o1f overseas voters. in


accordance with these Rules; and

1. Perform such other duties as may be consistent with its functions


as provided under the Overseas Voting Act of 2003 as amended.

II. RERB IN THE PHILIPPINES

a. Post at the Office of the OFOV, and in its website, the names of
the applicants and the dates when their applications shall be
heard, as well as the place where the REHB will hold its hearing;

b. Notify all political parties and other parties concerned of the


pending applications through a weekly updated publication in the
website of the Commission. The OFOV shall be utilized to effect
said notification;

c. Act on all applications received from th19 local field registration


centers established in the Philippines;

d. Notify all applicants, whose applications have been disapproved,


stating the reasons for such disapproval;

e. Prepare a list of all approved applications during each hearing


and post the same at the bulletin board of the Commission, at the
OFOV, and on the website of the Commission;

The OFOV may constitute as many adclitional RERBs as may


be necessary, and/or authorize the conduct of RERB
monthly hearings, to ensure that all applications are acted
upon within the period prescribed herein in accordance with
the number of applications to be heard_;_

f. Deactivate the registration records of overseas voters in


accordance with these Rules;

g. Reactivate the registration records of overseas voters in


accordance with these Rules; and

h. Perform such other duties as may be consistent with its functions


as provided under the Overseas Voting A.ct of 2003 as amended.

Sec.19. A new Section 19 is hereby amended as follows:

Sec. 19. Schedule of RERB hearing. - The RERl3 shall conduct hearings
on the following dates:

14
Period Covered Last day to Last day to file Date of RERB
post notice opposition toi hearing
of hearing applications
Application filed July 10, July 17, 2017' July 24, 2017
from April 1, 2017
2017 to June 30,
2017
Application filed October 9, October 16, October 23, 2017
from July 1, 2017 2017 2017
to September 30,
2017
Application filed January 8, January 15, January 22, 2018
from October 1, 2018 2018
2017 to
December 31,
2017
Application filed February 12, February 19, February 26, 2018
from January 1- 2018 2018
31,2018
Application filed March 12, March 19, 2018 March 26, 2018
from February 1- 2018
28,2018
Application filed April 9, 2018 April 16, 2018 April 23, 2018
from March 1-31,
2018
>----·
Application filed May 7, 2018 May 14, 2018 May 21, 2018
from April 1-30 '
2018
Application filed June 11, June 18, 201tJ June 25, 2018
from May 1-31 ' 2018
2018
Application filed July 9, 2018 July 16, 2018 July 23, 2018
from June 1-31 '
2018
Application filed August 6, August 13, 2018 August 20, 2018
from July 1-31' 2018
2018
Application filed September September 1 '.7, September 24,
from August 1- 10, 2018 2018 2018
31,2018
Application filed October 8, October 15, October 22, 2018
from September 2018 2018
1-30, 2018 --

When the date of hearing falls on declared holidays in the Philippines or


host country, the hearing shall be conducted on the� next working day.

Failure to conduct the scheduled RERB hearin�� shall constitute as an


election offense.
15
Sec. 20. A new Title of Section 20 is hereby amended to read as follows:

Sec. 20. Notice of hearingand Verificationof' applications. - Upon


receipt of the applications, the Chairman of the REHB shall immediately:

a. Set the applications for hearing in accordance with the schedule set by
the Commission;

b. Prepare and post the Notice of Hearing as provided under these Rules,
at least one (1) week before the date of hearing;

c. Notify all political parties and duly accredited citizen's arms of the
pending applications for registration throuf�h a weekly updated
publication in the website of the Post or of the Commission in case of
applications filed at the registration centers in the Philippines;

d. In case of applications for certifications, verify from the NLRV, whether


the applicant is a registered voter.

Sec. 21. Section 21 (b) is hereby amended to read as follows:

Sec. 21. Filing of oppositions/objections. - Any iinterested party may file


a verified objection/ opposition to the application at least seven (7) days
before the date set for hearing.

a. If objections are filed, the Chairperson of the HERB 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 thei applicants' authorized
representatives.

b. The applicants or through their authorized representatives 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 and heard by the RERB not later than the last day of hearing.

Sec. 22. 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 disapproval of the Applications for

16
Registration/ Certification. Unnecessary delays in thei 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.

Sec. 23. Approval or disapproval of applications. - For Applications for


Registration/Certification, the RERB shall, on the datie set for hearing:

a. 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.

b. 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.

c. 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.

Sec. 24. Notice of disapproval. - Within three (3) days from the
disapproval of the applications, the RERB shall send notices of said
disapproval to the applicants by mail or other modes of communication,
stating the reason for such disapproval. In addition, the RERB shall, on the
day following the action taken on the applications, post at the bulletin board
of the Post/OFOV, and in the websites of the Posts/Commission, the list of
the names of those whose applications have been disapproved.

Sec. 25. Approved applications. - Upon approval of the application by the


RERB, the Chairperson shall immediately transmit to the OFOV the
complete list of registered voters and the back-up CD containing the
biometrics and demographic of the said registered voters.

In turn, the OFOV shall direct the ITD of the Commission to include in the
NROV the names of the applicants with approved applications.

Sec.26. 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
17
documents submitted but not later than one hundred twenty (120) days
before the start of the overseas voting period.

The name of the movant/ applicant shall be included in the NROV, if the
motion for reconsideration is given due course by the RERB.

The resolution of the RERB shall be immediately executory, unless


reversed or set aside by the Court.

Sec. 27. Minutes of RERB proceedings. - The HERB shall prepare the
Minutes of the proceedings which shall include the 1following:

a. Number of applications submitted to the RERB for consideration;

b. List of applicants whose applications were approved/ disapproved


citing the reasons thereof and the application form numbers opposite
their names;

c. Names of watchers, representatives or lawyers present;

d. Such other important events as they occur during the proceedings.

RULE 5
INCLUSION/EXCLUSION

Sec. 28. A new Section 28 par. 2 is hereby amended to read as follows:

Sec. 28. Petition for inclusion. - Within ten (10) days from receipt of the
notice of denial of the motion for reconsideration, the aggrieved party or
authorized representative may file a petition for inclusion with the proper
Municipal/Metropolitan Trial Court (MTC/MeTC) in Manila or where the
overseas voter resides in the Philippines, at the option of the Petitioner.

The petition shall be decided on the basis of the documents submitted


within fifteen (15) days after its filing but not later than December 14,
2018. Should the court fail to render a decision within the prescribed
period, the ruling of the RERB shall be considered affirmed.

The Commission may make the necessary repres,entation before the Court
Administrator for the designation of special courts that shall hear and
decide exclusion and inclusion cases.

Sec. 29. A new Section 29 (b) is hereby insertedand (d) is deleted to


read as follows:

Sec. 29. Petition for exclusion. - All Petitions for Exclusion shall be filed
not later than October 15, 2018.
18
Any interested party may file a verified petition for the exclusion of a
registered overseas voter from the NROV, as follows:

a. For applications approved by the RERB, with the MeTC-Manila or with


the proper MTC/MeTC where the overseas voter sought to be excluded
resides in the Philippines at the option of the Petitioner.

b. The petition shall be decided on the basis of the documents


submitted within fifteen (15) days after its filing but not later than
December 14, 2018. Should the Court fail to render a decision
within the prescribed period, the ruling of the RERB shall be
considered affirmed.

c. In case the Petition is granted, the RERB shall cancel the registration
record of the overseas voter concerned.

Sec. 30. Inclusion in the National Registry of Overseas Voters. - All


approved applications for registration/ certification shall be included in the
NROV and in the ROV of the municipality/ city/ district where the registrant
is domiciled.

The NROV shall be published at the websites of the Commission and DFA
not later than January 13, 2019.

Sec. 31. Section 31 par. 3 is hereby amended to read as follows:

Sec. 31. Voters excluded from the National Registry of Overseas


Voters through inadvertence. - Any registered overseas voter whose
name has been inadvertently omitted in the NROV, may personally or
through an authorized representative, file with the OFOV or with the Post
having jurisdiction over the voter's residence, an application under oath for
reinstatement by accomplishing OVF No. 1 D.

The Post shall, within two (2) days from receipt of the application, forward
the same to the OFOV for action.

All applications for reinstatement of voters omitted from the NROV


through inadvertence shall be filed not later than December 14, 2018.
Rule 6. A new Title of Rule 6 and Section 32 CJ,re hereby amended to
read as follows:

RULE 6
CORRECTION OF ENTRY, CHANGE OF NAME AND CHANGE OF
ADDRESS

19
Sec. 32. Applications for correction of entries and change of name. -
Any registered overseas voter who intends to change his/her name by
reason of marriage, death of husband, or final court judgment, or to
correct a misspelled name or any erroneous entry in the NROV, CLOV
and voter's identification card may, personally or through an
authorized representative, file an application under oath using OVF
No. 1E with the RERB through the OFOV or the post exercising
jurisdiction over the voter's residence not later than September 30,
2018.

The RERB shall resolve the application on the immediately


succeeding scheduled hearing, otherwise thE! application shall be
deemed approved.

Within five (5) days from approval, all scanned copies of approved
applications and the CD containing the biometrics of the applicants
shall be transmitted to OFOV for updating of thE� database.

Sec. 33. Notice of change of address or withdrawal of application


pending approval. - Applicants for registration/ certification during the
continuing overseas voters registration whose applications have not yet
been acted upon by the RERB may request for either a change of address
to another Post by filing OVF No. 1 B or withdrawal of their applications by
filing OVF No. 1 F.

The filing may be done either at the Post where the applications were
originally filed or at the Post which has jurisdiction over the applicant's new
address, on or before the end of registration period, attaching thereto a
photocopy of their passports or any other leg1al documents properly
identifying the applicant.

All notices for change of address or withdrawal of application pending


approval shall be filed not later than the last day of filing of application for
registration.

Sec. 34. Section 34 par. 3 of the same Resolution is deleted.

Sec. 34. Updating of address under the jurisdiction of the same post
and country. - Registered overseas voters, who transfer residences from
one place to another within the same Post and country, shall update, not
later than the last day of registration, their addresses by accomplishing
OVF No. 1 H and file the same at the OFOV or Post which has jurisdiction
over their new residences.

Within five (5) days from approval, the Post shall transmit to the OFOV all
scanned copies of approved OVF No. 1 H for updating of the database.
20
RULE7
TRANSFER OF REGISTRATION RECORDS

Sec. 35. Transfer of registration records. - Registered overseas voters


may request for the transfer of their registration records in the following
cases:

a. In case of transfer of residence under the jurisdiction of one Post to


another residence under the jurisdiction of another Post; or

b. In case of transfer of residence in a particular foreign country to


another residence in another country but withiin the jurisdiction of the
same Post; or

c. 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

d. In case of transfer of residence under the jurisdiction of one Post back


to the Philippine municipality/city/district other than the voter's
residence as indicated in OVF No. 1.

All applications for transfer of registration record must be filed by the


overseas voter with the OFOV or through the Post, not later
than September 15, 2018: Provided, That those who would eventually vote
in the Philippines should register within the time frame provided for local
registration in the municipality, city or district where they intend to
vote: Provided, further, That those who have registered in the municipality,
city or district where they resided prior to their departure abroad need not
register anew: Provided, finally, That transferees shall notify the OFOV of
their transfer back to the Philippines at least not later than September 15,
2018 prior to the next national elections for purposes of cancelling their
names from the CLOV and of removing their overseas voter's registration
from the book of voters.

Sec. 36. A new Section 36 par. 3 is hereby amended to read as follows:

Sec. 36. Application for transfer of registration records from one Post
to another; from one country to another country belonging to the
same Post. - Overseas voters who transfer their residences under the
jurisdiction of one Post to another residence under the jurisdiction of
another Post and/ or from one country to another country belonging to the
same Post, may apply for transfer using OVF No. 1 B either with the:

a. OFOV;
21
b. Local Field Registration Center; or

c. Posts having jurisdiction over their new residences.

The Post concerned shall prepare a list of applicants who filed their
applications for transfer. The list, together with the scanned copies of OVF
No. 1B and OVF No. 1, and the finalized CDs shall be transmitted to the
OFOV in the manner provided in these Rules.

Within five (5) days from receipt of OVF No. 1B, the OFOV shall update the
voting records of the concerned registered overseas voters and notify the
voters and Posts concerned of the actions taken.

All applications for transfer of registration records from one Post to another
and/ or from one country to another country belonging to the same Post
shall be filed not later than September 15, 2018.

Sec. 37. A new Section 37 par. 2 is hereby amend«�d to read as follows:

Sec. 37. Application for transfer of registration records from Post to


the same Philippine municipality/city/district. - All overseas voters who
want to transfer their registration records from one Post back to the
Philippine municipality/city/district may apply, with the OFOV, Local Field
Registration Center or through the Posts, for transfer of registration from
the overseas registry to the local registry using OVF No. 1B.

The Post concerned shall prepare a list of applicants who filed their
applications for transfer. The list, together with the scanned copies of OVF
No. 1B, and the finalized CDs shall be transmitted to the OFOV in the
manner provided in these Rules.

The OFOV shall verify if the applicant is included in the NROV. If the
applicant is included, the OFOV shall approve the application and issue a
certification attesting that the applicant is included in the NROV. The OFOV
shall remove the name of the applicant from the NROV and direct the
RERB of the Post concerned to also remove the name of the applicant in
the Post's database.

If the name of the applicant does not appear in the NROV, the OFOV shall
disapprove the application for transfer.

Thereafter, the applicant shall forthwith file an application with the


concerned EO within the registration period for removal of annotation or
transfer.

22
Upon receipt of the approval and certification, the applicant shall proceed to
the Office of the Election Officer of his/her residence, present the approval
and certification as well as the copy of his/her previously approved OVF
No. 1 to the EO.

If the applicant's name is included in the CVL of his/her municipality/


city/district, the EO concerned shall remove the annotation, if any.

If the applicant is not included in the CVL, but in the ROV of the EO's
municipality/city/district, the EO shall advise the applicant to apply for local
registration.

Sec.38. A new Section 38 is hereby amended to read as follows:

Sec. 38. Application for transfer of registration records from Post to


the Philippine municipality/city/district other than their voter's
residence as indicated in OVF No. 1. - Any overseas voters who
transfers their residence from one Post back to the: Philippine municipality/
city/ district other than their voter's residence as indicated in OVF No. 1,
may apply with the Posts, OFOV or Local Field Registration Center for
transfer of registration from the overseas registry to the local registry
using OVF No. 1B.

The Post concerned shall prepare a list of applicants who filed their
applications for transfer. The list, together with the scanned copies of OVF
No. 1B, and the finalized CDs shall be transmitted to the OFOV in the
manner provided in these Rules.

The OFOV shall verify if the applicant is included in the NROV. If the
applicant is included, the OFOV shall approve the application and issue a
certification attesting that the applicant is included in the NROV.

The approval and certification shall be reproduced in two (2) more copies.
One of the copies of the approval and certification shall be given to the
applicant. The other copy of the certification and approval shall be
forwarded to the Election Officer of the applicant's residence and the copy
of the approval and certification shall be retained by the OFOV for its file.

Upon receipt of the approval and certification, the applicants shall proceed
to the Office of the Election Officer of their new residence, present the
approval and certification and apply for registration if registered locally. The
EO shall act on the applications in accordance with the rules on registration
or transfer of registration of local voters.

23
,, '

The EO shall notify the OFOV of the ERB's action on the application of the
overseas voters and request the EO of the overseas voters' old residences
to delete their names from the ROV and CVL.
The application for transfer shall be filed not later than September 15,
2018.

RULE 8
REACTIVATION

Sec. 39. Procedures for Reactivation of Registration Records. - Any


Registered overseas voter whose registration record had been deactivated,
not later than September 30, 2018, may file with the OFOV, the Post
concerned or the Local Field Registration Center, a sworn application for
reactivation of registration record (OVF No. 1G) stating that the grounds fo
r the deactivation no longer exist. Except when the� reason for deactivation
is failure to vote in two (2) successive national elections or when the
registration record was ordered excluded by the court, the application for
reactivation shall be supported by the following documents:

REASON FOR SUPPORTING DOCUMENTS/REQUIRED


DEACTIVATION FOR REACTIVATION

a. Sentenced by final Copy of plenary pardon, amnesty, or


judgment to suffer Certification from the Clerk of Court of the
imprisonment of not less appropriate court that five (5) years have
than one ( 1) year already lapsed from service of sentence

b. Declared insane or
Declaration of a proper authority that the
incompetent by competent
person is no longer insane of incompetent
authority in the Philippines.

The OFOV, the Post, or the Local Field Registration Center shall prepare a
list of names of applicants who filed their applications for reactivation and
submit said lists and applications to the RERB for appropriate action.

Within five (5) days from receipt of OVF No. 1G, the RERB shall act on the
application for reactivation.
In case the application is approved, the RERB shall retrieve the registration
record from the inactive file and include the same in the active book of
voters. The political parties shall be notified on approved applications.
RULE 9
NROV, CLOV AND ROV

Sec. 40. Preparation, printing and posting of the NROV. - The


Commission, through the OFOV, shall prepare and maintain a NROV
24
containing the names of registered overseas voteirs and the posts where
they are registered.

Sec. 41. Preparation of the Municipality/City/District Registry of


Voters. - The OFOV shall, not later than January 13, 2019:

a. Prepare and maintain a ROV per municipality, city or district.

b. Provide the Election Officer of each municipality, city or district copies


of their respective ROVs for their reference.

Sec. 42. Preparation and posting of the CLOV. - The CLOV shall be
prepared by the OFOV on a country-to-country basis, and shall be
approved by the Commission En bane before every elections but not later
than January 13, 2019 and furnish within the same period electronic
copies thereof to the appropriate posts.

Within five (5) days from receipt of the electronic copies of the CLOV, the
Post shall print the hard copies of the CLOV and post the same in their
bulletin boards and/ or websites within ten (10) days from receipt thereof.

Sec. 43. Issuance of soft copies of CLOV; Guideilines. - The candidates,


political parties, accredited citizens' arms, and all other interested persons
shall be furnished soft copies of the CLO\/ under the following
requirements:

a. Only requests related to election and registration shall be entertained.

b. All requests must be made in writing and shall be addressed to the


OFOV or Post which shall approve/ disapprove all requests. The letter
request shall indicate the concerned Posts or countries whose CLOVs
are being requested and the reason for such request.

c. Only soft copies of the hashed print files of the Post or country CLOV
shall be generated for the requesting parties. These shall contain the
names of the registered voter and their birthdates only.

d. No database file shall be issued to any requesting party.

e. The requesting party shall agree in writing to use the generated hashed
CLOV print files only for its intended purpose, as indicated in its letter­
request and not to give away, reproduce or sell said list for commercial
and unlawful purpose.

f. The requesting party shall also agree in wriiting not to publish any
regenerated data from the generated hashed CLOV print files in any
internet-related medium for public consumption.

25
I
t,, I

g. A processing fee of Php 150.00 or its equivalent in foreign currency per


CLOV plus a Certification fee of Seventy-five pesos (P75.00) or its
equivalent in foreign currency per request shall be charged to the
requesting party.

h. The requesting party shall pay the estimated fees at the Cash Division,
ASD, COMELEC if request is filed before the OFOV, or pay with the
corresponding office of the Post.

1. A photocopy of the Official Receipt (OR) shall be attached to the


request and be forwarded to the ITD or to the Post.

J. The ITD or Post shall then generate the hashed CLOV print file.

Non-governmental organizations and other civill society organizations


accredited by and working with the Commission as partners on overseas
voters' education and participation shall be exempt from the payment of
fees.

Sec. 44. List of Overseas Voters with Voting Records (OVF No. 2-A). -
The OFOV shall prepare the OVF No. 2-A containing the names of
Overseas Voters, with appropriate spaces for ballot serial number, thumb
mark, signature of the voter and such data as may be required.

Sec. 45. 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:

a. 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;

b. Those who have been proven to have lost the�ir Filipino citizenship;

c. Those who died.

Sec. 46. Cancellation of registration records; Procedures. - The OFOV


shall:

a. Prepare the lists of the following:

1. Those who died as certified by the Post and the Local Civil
Registrar; or

11. Those who have been proven to have lost their Filipino
citizenship.

26
b. Submit to the RERBs the lists mentioned in the preceding paragraph
for approval/ disapproval;

c. Upon receipt of the Order of the RERBs, for the cancellation of


registration records, the OFOV shall prepare the corresponding lists
indicating the reason/s therefor, and the period within which to contest
the cancellation.

The OFOV shall submit to the ITD the list of registered voters whose
registration records are ordered cancelled by the RERB. Thereafter, ITD
shall cancel the names in the said list from the database of registered
voters.

The OFOV shall post the lists of those whose registration records have
been ordered cancelled, at the Office of the OFOV and in the websites of
the Commission and the DFA. Such posting shall be considered as
substantial compliance on the notification requirement.

Sec. 47. Consular and diplomatic services in connection with the


overseas voting processes. - The following consular and diplomatic
services rendered pursuant to the Overseas Voting Act of 2003 as
amended shall be provided by the embassies, consulates and other foreign
establishments at no cost to the overseas voter specifically:

a. the authentication of the photocopies of the valid passport;

b. the issuance of certifications by the DFA if the applicant has no valid


passport, or if the valid passport is lost or is otherwise not available;

c. notarization of affidavit of loss or unavailability of a valid passport;

d. notarization of the accomplished application for registration form; and

e. notarization of verified answer relating to objections, exclusions and


inclusions from the voter's registry.

All other diplomatic and consular services such as the issuance of a new
passport and those for which fees may be charged as authorized by
the Overseas Voting Act of 2003 as amended and these Rules shall be
subject to the regular charges imposed by embassies, consulates and
other foreign service establishments.

Sec. 48. Separability clause. - If, for any reason, any section or provision
of these Rules and Regulations or any part, or the application of any
section, provision or portion is declared invalid or unconstitutional, the
remainder hereof shall not be affected by such declaration.

27
'
10217
Sec. 49. Continuity clause. - Except for the dates provided herein which
should be amended to conform with the scheduled! elections, the pertinent
provisions of these Rules and Regulations, unless otherwise amended,
shall be in full force and effect in the 2019 National Elections and all
elections subsequent thereafter.

Sec. 50. Dissemination. - The Education and !Information Department


shall cause the publication of this Resolution in two (2) daily newspaper of
general circulation in the Philippines and to furnish copies hereof the
Department of Foreign Affairs, all Regional Electiion Directors, Provincial
Election Supervisors and Election Officers.

Sec. 51. Effectivity. - This Resolution shall take effect immediately after
publication in two (2) newspapers of general circulation in the Philippines.

Let the Office for Overseas Voting implement this Resolution.

SO ORDERED.

CH .•. iAN' ,iROE!��


. coo�i�o9.
Actmg una1rman

On Leave
--- (J

LUIE TITO F. GUI�


Commissioner Commissioner

f11M h,,}vlf" 1� /-tf.


ARTHUR D. LIM MA. ROWENA AMELIA V. GUANZON /�--
Commissioner Commissioner V' /

Cc: Acting Chairman


All Commissioners
Executive Director
Deputy Executive Director for Operations
Deputy Executive Director for Administration
Office for Overseas Voting
Education and Information Department
Election and Barangay Affairs Department

28

Das könnte Ihnen auch gefallen