Salient Features of HB 10720 and Senate Bill 1746

Kakammpi, 26 April 2000


Salient Features of HB 10720

Sec. 3. Definition of Terms. -…
b. "Filipinos Abroad" refers to Filipino citizens who are qualified to vote but who, during Philippine elections, are outside of the Philippines either on a temporary or permanent basis, including land-based and sea-based overseas Filipino workers, employees of the Philippine government including members of the Armed Forces assigned in foreign countries, and Filipino citizens who are LEGALLY RESIDING ABROAD; (caps by Kakammpi)
c. "National Elections" refers to any regular or special elections held for the purpose of electing any candidate for the office of President, Vice President, Member of the Senate, Party-List representative, or any plebiscite, referendum or initiative on any national issue;

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

Sec. 6. Absentee Registration. - All Filipinos not otherwise disqualified by law who are at least eighteen (18) years of age REGARDLESS (caps by Kakammpi) of their location, work category and RESIDENCY STATUS ABROAD, may register as a voter.
…the Commission may hold a general registration of voters for Filipinos abroad on certain dates and in places abroad …Thereafter, Filipinos abroad may file their application for registration, personally or by mail, directly to the city or municipality of his/ her residence. The Commission may accredit Filipino associations or non-government organizations that could assist at any stage or process of said registration of voters.

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

Sec. 13. Balloting Procedure. - …The absentee voter may personally vote and cast his ballot in the voting center situated in the nearest diplomatic or consular office of the Republic of the Philippines on the day of the election. Otherwise, he may send his envelope directly to the Commission in Manila or to the corresponding diplomatic or consular office where he sojourns. Every qualified absentee voter shall be entitled to cast his ballot at least fifteen (15) days before the day of election.

Sec. 14. Counting and Canvass. - Counting and canvass of absentee votes shall be conducted simultaneously with the counting and canvassing of votes for local and national elective officials. This process shall be open to the public. For this purpose, the Commission shall constitute as many special boards of election inspectors in diplomatic and consular offices and its central office in Manila as may be necessary to count ballots. The Commission may deputize any Filipino from non-government organizations or any private entity, as well as Filipino government officials working and residing abroad as members of the boards of election inspectors abroad.

Salient Features of SB 1746

Sec. 2. Overseas Filipinos Covered. -All Filipinos abroad WHO ARE, or, HAVE PREVIOUSLY BEEN, REGISTERED VOTERS IN THE PHILIPPINES (caps by Kakammpi); not otherwise disqualified by law, at least eighteen (18) years of age on the day of election, may vote in all NATIONAL ELECTIONS for president, vice president, senators, and party-list representatives in their temporary residence abroad.

Sec. 3. Disqualifications. --… 3.1. An IMMIGRANT (caps by Kakammpi) who is recognized as such in the host country;

Sec. 4. Procedure for Application. -
4.1. Every qualified Filipino abroad shall file with the Commission on Elections or with the diplomatic or consular officers authorized by the Commission not later than one hundred eighty (180) days before the election, a sworn written application to vote in absentia in a form prescribed by the Commission.
4.2. Applications may be effected personally by the voter presenting himself before the diplomatic or consular official or a non-government organization or a Philippine association duly deputized by the Commission. Application by mail may be effected by the applicant sending to the diplomatic or consular office in the country where he is located, or, if not such office is established in that country, then to the Commission's central office in Manila, a sworn written application. In EVERY CASE, (caps by Kakammpi) the applicant shall submit to such official or deputy the following:

Sect. 8. Regulation on Campaigning Abroad. - Campaign materials of any candidate or political party may be sent to absentee voters abroad by the political parties and candidates concerned: Provided, That no other form of campaigning, whether directly or indirectly shall be allowed. The regular campaign periods shall be observed.

Sec. 9. Balloting Procedure. - …
9.2. …Ballots for absentee voters shall be prepared and mailed to the absentee voters at their given address at least forty-five (45) days before the day of the election.
9.3. The absentee voter may send his envelope directly to the Commission in Manila or to the corresponding diplomatic or consular office where he sojourns. He shall be entitled to cast his ballots at least thirty (30) days before the day of election. ...The ballots duly accomplished by the absentee voter may be personally delivered or sent by registered mail to the diplomatic or consular officer concerned and must be received by the same before the close of the designated voting hour in the respective embassy and consular offices.

Sec. 10. Counting and Canvass. - ….Within twelve (12) hours from the close of the counting in his embassy or consular office, the diplomatic and consular officer concerned shall TRANSMIT (caps by Kakammpi) with utmost diligence the ballots to the Commission in MANILA (caps by Kakammpi), together with all the necessary certifications and forms as it may be required in the implementing rules and procedures.

Sec. 15. Prohibited Acts. - It shall be unlawful: ….
15.4. For any candidate to campaign abroad, whether directly or indirectly.

Sec. 16. - TRANSITORY PROVISION (caps by Kakammpi). - For initial implementation, absentee voting shall be conducted in SAUDI ARABIA, HONGKONG, JAPAN, SINGAPORE, ITALY, SPAIN, the UNITED STATES OF AMERICA and such other country as may be determined by the Commission based on the number of overseas Filipinos present in such country and the presence of a Philippine diplomatic or consular office therein.

See also: Materials on Overseas Voting