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Consular Services - March 2006

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Volume 5 - Issue #2
Pinoy Eh! Online Edition
March 2006

Overseas Absentee Voting Primer (Part 1)
 
By Rhenita Rodriguez

In line with the Philippine Government’s thrust towards ensuring equal opportunity to all qualified citizens of the Philippines abroad in the exercise of their constitutional right of suffrage, the Philippine Embassy encourages qualified Filipinos to register as overseas absentee voters.

Registration for overseas absentee voting is ongoing at the Philippine Embassy until 31 August 2006.

It is thus timely to reproduce here the following Primer on Overseas Absentee Voting, prepared by the Commission on Elections (Comelec). This primer may also be accessed at : www.comelec.gov.ph.

1. What is the Overseas Absentee Voting Act of 2003?

Republic Act No. 9189, also known as "The Overseas Absentee Voting Act of 2003", is the law that ensures equal opportunity to all qualified citizens of the Philippines abroad in the exercise of their right to participate in the election of President, Vice-President, Senators and Party-List Representatives.

2. Who are qualified to participate under the Overseas Absentee Voting Act?

All Filipino citizens, not otherwise disqualified by law, at least eighteen (18) years of age on the day of the election, and who are registered overseas absentee voters with approved application to vote in absentia, may vote for President, Vice-President, Senators and Party-List Representatives.

3. How may a Filipino citizen become a registered overseas absentee voter?

Filipino citizens abroad or Filipino citizens in the Philippines who will be abroad on election day may become registered overseas absentee voters by filing an application for registration or certification as overseas absentee voters.

4. Is a registered overseas absentee voter automatically entitled to vote?

No, a registered overseas absentee voter must have an approved application to vote in absentia to be entitled to vote for President, Vice-President, Senators and Party-List Representatives.

5. Where may application forms be obtained?

Application forms may be obtained from:

i. the Philippine embassies, consulates and other foreign service establishments,

i. the Committee on Overseas Absentee Voting at the Central Office of the Commission on Elections, Intramuros, Manila, and

i. the Office of the Election Officer in every city/municipality/district.

They may also be downloaded from the websites of the Commission on Elections and the Department of Foreign Affairs (www.comelec.gov.ph and www.dfa.gov.ph, respectively).

6. When shall applications be filed?

For purposes of the May 14, 2007 elections, you may file your applications beginning October 01, 2005 up to August 31, 2006.

7. Where shall an application be filed?

If you are abroad during the period for the filing of applications - File the application with the representative of the Commission at the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction over the locality where you temporarily reside.

In case of seafarers, file the application with the representative of the Commission at the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction over the locality where your vessel is docked during the period for the filing of applications.

If you are in the Philippines during the period for the filing of applications but will be abroad on the day of the election - File the application with the Election Registration Board of the city/municipality/district where you are domiciled prior to your departure from the Philippines.

In case of seafarers, you have the option to file the application either with

(i) the Election Registration Board of the city/municipality/district where you are domiciled prior to your departure from the Philippines or (ii) the Committee on Overseas Absentee Voting at the Central Office of the Commission on Elections, Intramuros, Manila.

8. What is the procedure for the filing of an application?

If you are abroad –

a. Personally appear before the representative of the Commission at the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction over the locality where you temporarily reside;

b. Present your valid Philippine passport;

c. Accomplish the prescribed application form; and

d. Submit the accomplished application form with a photocopy of your passport.

If you are a seafarer:

a. Personally appear before the representative of the Commission at the Philippine embassy, consulate and other foreign service establishment having consular jurisdiction over the locality where your vessel is docked during the period for the filing of applications;

b. Present your valid Philippine passport;

c. Accomplish the prescribed form; and

d. Submit the accomplished form together with:

i. a photocopy of your passport and

ii. a photocopy of your Seaman’s Book or any other document that will prove that you are a seafarer.

If you are in the Philippines during the period for the filing of applications but will be abroad on the day of the election:

a. Personally appear before the Election Officer of the city/municipality/district where you are domiciled prior to your departure from the Philippines;

b. Present your valid Philippine passport;

c. Accomplish the prescribed application form; and

d. Submit the accomplished form together with a photocopy of your passport.

If you are a seafarer:

a. Personally appear at your option either:

i. before the Election Officer of the city/municipality where you are domiciled prior to your departure from the Philippines or

ii. before the Committee on Overseas Absentee Voting at the Central Office of

the Commission on Elections, Intramuros, Manila.

b. Present your valid Philippine passport;

c. Accomplish the prescribed application form; and

d. Submit the accomplished form together with:

i. a photocopy of your passport and

ii. a photocopy of your Seaman’s Book or any other document that will prove that you are a seafarer.

9. What documents will you present to the representative of the Commission in the embassy, consulate and other foreign service establishment –

a. In case your valid passport cannot be presented for reasons other than its loss or temporary unavailability?

You may present the following substitute documents:

a. Your expired passport;

b. Duly authenticated birth certificate from the National Statistics Office;

c. Documentary proof of your status in the host country; and

d. Other documents that may sufficiently establish your citizenship, identity

and immigration status in the host country.

b. In case of loss or temporary unavailability of your valid passport?

You must submit a duly notarized and authenticated affidavit describing the lost or unavailable passport and the circumstances of the loss or reasons for its unavailability, with an attached photocopy of the passport’s relevant pages, if available.

The substitute documents mentioned above may also be required by the representative of the Commission to sufficiently establish your citizenship, identity and immigration status in the host country.

(To be continued next issue)

 

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About the writer

Vice-Consul Rhenita Rodriguez handles consular matters and services. She is also the associate editor of Embassy newsletter. She can be reached at rhenrodriguez@dfa.gov.ph.

The Philipppine Embassy is located at 130 Albert Street, Suite 606,
Ottawa, Ontario K1P 5G4
Tel (613) 233-1121
Fax (613) 233-4165

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Ottawa, Ontario CANADA

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