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REPUBLIC
ACT NO. 9189
Overseas Absentee Voting Act
AN
ACT providing for a system of overseas absentee voting by qualified
citizens of the Philippines abroad, appropriating funds therefor,
and for other purposes
Sec. 1. Short Title. - This Act shall be known as “The
Overseas Absentee Voting Act of 2003.”
Sec. 2. Declaration of Policies. - It is the prime duty
of the State to provide a system of honest and orderly overseas
absentee voting that upholds the secrecy and sanctity of the ballot.
Towards this end, the State ensures equal opportunity to all qualified
citizens of the Philippines abroad in the exercise of this fundamental
right.
Sec. 3. Definition of Terms. - For purposes of this Act:
- (a)
'Absentee Voting' refers to the process by which qualified
citizens of the Philippines abroad exercise their right to vote;
- (b)
'Commission' refers to the Commission on Elections;
- (c)
'Certified List of Overseas Absentee Voters' refers to
the list of registered overseas absentee voters whose applications
to vote in absentia have been approved by the Commission, said
list to be prepared by the Committee on Absentee Voting of the
Commission, on a country-by-country basis. The list shall be approved
by the Commission in an en banc resolution;
- (d)
'Day of Election' refers to the actual date of elections
in the Philippines;
- (e)
'National Registry of Absentee Voters' refers to the consolidated
list prepared, approved and maintained by the Commission, of overseas
absentee voters whose applications for registration as absentee
voters, including those registered voters who have applied to
be certified as absentee voters, have been approved by the Election
Registration Board.
- (f)
'Overseas Absentee Voters' refers to a citizen of the Philippines
who is qualified to register and vote under this Act, not otherwise
disqualified by law, who is abroad on the day of elections;
SEC. 4. Coverage. - All citizens of the Philippines abroad,
who are not otherwise disqualified by law, at least eighteen (18)
years of age on the day of elections, may vote for president, vice-president,
senators and party-list representatives.
SEC. 5. Disqualifications. - The following shall be disqualified
from voting under this Act:
- (a)
a. Those who have lost their Filipino citizenship in accordance
with Philippine laws;
- (b)
Those who have expressly renounced their Philippine citizenship
and who have pledged allegiance to a foreign country;
- (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, including those who have committed
and been found guilty of Disloyalty as defined under Article 137
of the Revised Penal Code, such disability not having been removed
by plenary pardon or amnesty; Provided, however, That any person
disqualified to vote under this subsection shall automatically
acquire the right to vote upon expiration of five (5) years after
service of sentence; Provided, further, That the Commission may
take cognizance of final judgments issued by foreign courts or
tribunals only on the basis of reciprocity and subject to the
formalities and processes prescribed by the Rules of Court on
execution of judgments;
- (d)
An immigrant or a permanent resident who is recognized as such
in the host country; unless he/she executes, upon registration,
an affidavit prepared for the purpose by the Commission 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 under this Act. Such affidavit shall also
state that he/she has not applied for citizenship in another country.
Failure to return shall be cause for the removal of the name of
the immigrant or permanent resident fro the National Registry
of Absentee Voters and his/her permanent disqualification to vote
in absentia.
- (e)
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.
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