Article 5, Section 2 of the Philippine Constitution guarantees overseas Filipinos their right to vote. However, Philippine Congress, up to this moment, has failed to pass an enabling law that would provide the system for its implementation.

Overseas Filipinos constitute about ten percent of the total Philippine population today. As of December 1996, the Commission on Overseas Filipinos estimates that there are approximately 6.49 million Filipinos in 139 countries. These include migrant workers, estimated at 2.71 million, immigrants, estimated at 1.92 million, and the undocumented overseas Filipinos, estimated at 1.86 million.

The fact that overseas Filipinos reside and work abroad do not make them lesser Filipinos or Filipinas, and do not in any way justify their being stripped of their fundamental right to vote. Apart from their significant contribution to the Philippine economy as the source of much-needed dollars ($6.4 Billion official bank remittances in 1997), they represent a political and social bloc, whose exposures to various cultures, to different concepts and practices of democracy, to new technology, make them a distinct sector that has yet to be tapped to work towards the overall development and transformation of our country.

In keeping with the mandate of the Constitution, it is high time that overseas Filipinos be accorded their political and civil right to vote as citizens of the Philippines. Hence, immediate passage of this bill is earnestly sought.

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Overseas Voting Act of 1999."

SEC. 2. Declaration of Policy. - The State shall provide for a system of overseas voting for qualified Filipinos abroad. Towards this end, the state shall ensure equal opportunity and proper access to all qualified overseas Filipinos in the exercise of this fundamental right.

SEC. 3. Definition of Terms. - For purposes of this Act, the following terms shall mean:

1. "Overseas Voting" refers to the process by which qualified overseas Filipinos may vote in Philippine elections;
2. "Overseas Filipinos"/"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 legal immigrants or permanent residents of foreign countries;
3. "National Election" 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 or the House of Representatives, Delegate to a Constitutional Convention, or any plebiscite, referendum or initiative on any national issue;
4. "Registration" refers to an act of accomplishing and filing of a sworn application for registration by a qualified overseas Filipino voter and including the same in the book of registered voters upon approval by the Special Election Registration Board for Overseas Filipinos;
5. "Registration Record" refers to an application for registration duly approved by the Special Election Registration Board for Overseas Filipinos;
6. "List of Voters" refers to an enumeration of registered overseas Filipino voters per country duly certified by the Special Election Registration Board for use in the election;
7. "Commission" refers to the Commission on Elections;
8. "Election Officer" refers to the highest official or authorized representative of the Commission in a city or municipality;
9. "Board of Election Inspectors" refers to the body which conducts the election in the polling place.

SEC. 4. Coverage. - Any overseas Filipino in any of the following categories who has not renounced their Filipino Citizenship and not otherwise disqualified by law, shall have the right to register and vote overseas in all national elections.

SEC. 5. Disqualifications. - The following shall be disqualified to register and vote under this Act:

1. Any Filipino abroad who has been sentenced by final judgement of a Philippine court or tribunal to suffer imprisonment of not less than one (1) year, including those 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 reacquire the right to vote upon expiration of five (5) years after service of sentence;
2. Any Filipino person abroad previously declared insane or incompetent by competent authority unless subsequently declared by proper authority that such person is no longer insane or incompetent;
3. Any person who has lost his Filipino citizenship;
4. Any person who has renounced his Filipino citizenship and has pledged allegiance to a foreign country;
5. Any person whose registration has been ordered removed by the court.

SEC. 6. List of Overseas Filipino Voters. - There shall be a list of voters per country consisting of all registered overseas Filipino voters. Such list shall be accompanied by an addition/deletion list for purposes of updating the list.

SEC. 7. Registration of Overseas Filipino Voters. - All overseas Filipinos not otherwise disqualified by law who are at least eighteen (18) years of age regardless of their location, work category and residency status abroad, including the undocumented Filipino overseas workers, may register as a voter.

Any person, who, on the day of registration may not have reached the required age but who, on the day of election shall possess such qualification, may register as a voter.

Immediately after the approval of this Act, the Commission may hold a general registration of voters for overseas Filipinos who are working or residing in foreign countries either temporarily or permanently on certain dates and in places abroad as may be determined by the Commission for purposes of the 2001 regular elections and all elections, plebiscites, referenda, initiatives and recalls subsequent thereto.

Thereafter, overseas Filipinos may file their application for registration, personally or by mail, directly to the Commission or through the Philippine embassies or consulates or any other Philippine government agency so designated to accept applications for registration. The Commission may accredit Philippine associations or non-government organizations that could assist at any stage or process of said registration of voters.

No registration, however, shall be conducted during the period starting one hundred eighty (180) days before an election.

Overseas Filipinos who have applied or are already registered in the Philippines pursuant to Republic Act No 8189, otherwise known as the "Voters Registration Act of 1996" need not register anew.

To be registered as a voter, overseas Filipinos shall accomplish an application form for registration as prescribed by the Commission to be able to vote in any regular or special national election.

The application for registration shall contain three (3) specimen signatures of the applicant; clear and legible rolled prints of his/her left and right thumbs with four (4) identification size copies of his latest photograph attached thereto.

Immediately after the approval of this Act, the Commission shall, through diplomatic or consular officers, cause by publication in a newspaper of general circulation in countries where Filipino citizens are found, the place, date and time of the holding of such registration and the requirements and procedures relative thereto.

The Commission shall ensure the availability of application forms for registration in Philippine embassies or consulates. In countries where there are no such offices, the Commission shall send such application forms by mail, or by whatever possible means, directly to the residential or working addresses of Filipino citizens abroad or through non-government organizations or associations it.

SEC. 8. Special Election Registration Board - The Commission shall create a Special Election Registration Board directly under the Commission En Banc which shall be responsible for the registration of Filipinos abroad for Overseas Voting.

SEC. 9. Approval/Disapproval of Application for Registration - Except one hundred twenty (120) days before an election, the Special Election Registration Board shall, by a majority vote, approve or disapprove the applications for registration within twenty five (25) days upon receipt thereof. Upon approval, the Board shall assign a voter's identification number and issue the corresponding identification card for the registered voter. If the Board disapproves the application, the applicant shall, with in five (5) days from the day of such decision, be furnished with a certificate of disapproval stating the grounds therefor.

In cases of approval or disapproval, any aggrieved party or their representatives, voter or representatives of political parties may file a petition with the Board for the inclusion or exclusion of overseas Filipinos from the voter's list. The Board shall decide on said petitions within twenty-five (25) days upon receipt thereof and notify affected parties within five (5) days thereafter.

For purposes of determining the right of the applicant to be registered as a voter, Chairman of the Special Election Registration Board shall have the power to administer oath; issue subpoena duces tecum and swear in witnesses. The fees and expenses incidental thereto shall be paid in advance by the party in whose behalf the summons is issued.

The Board shall compile the original copies of the approved applications for registration per country. It shall preserve the book of voters and ensure its integrity. A copy of the registration record shall be sent to the national central file and to the Philippine embassies or consulates abroad within 10 days from the approval of the Board.

SEC. 10. Change of Residence. - Any registered overseas Filipino voter who has transferred to another country or in any place within the same country where he/she is registered, may notify the Commission in writing for the transfer of his registration records or any necessary changes that must be effected therein.

Filipino citizens who have returned to the Philippines on a permanent status, may apply in writing with the election officer of his new residence for the transfer of his registration records in accordance with the second paragraph of Sections 12 of Republic Act No. 8189.

SEC. 11. Preparation and Posting of the Certified List of Overseas Filipino Voters. - The Board shall prepare a certified list of voters ninety (90) days before a regular or special national election and furnish copies thereof to the national file and to all Philippine embassies and consulates abroad. Copies of the certified list shall likewise be posted in the office of the Special Election Registration Board as well in Philippine embassies or consulates. Upon payment of the fees as fixed by the Commission, the candidates, heads of political parties and accredited citizen's arms shall also be furnished copies thereof.

SEC. 12. Verification of Registered Voters and Updating of the Voter's Registration Records and List of Overseas Filipino Voter's. - In order to preserve the integrity of the list of voters, the Board shall systematically monitor with the appropriate government agencies or any reliable source of information and employ other possible means, to verify any changes concerning overseas Filipinos registration records. The Board shall, after due notice to affected registered overseas Filipino voters, immediately conduct exclusion proceedings and update the voter's list, when necessary, otherwise provide important instructions or information pertinent to overseas Filipinos voting rights. The Commission may enlist the help of representatives of political parties and deputize non-government organizations or associations to assist in the verification of registered overseas Filipino voters.

SEC. 13. Annulment of Book of Voters. - The Commission shall upon verified petition of any voter or duly registered political party, and after notice and hearing, annul any book of registered voters that is not prepared in accordance with the provisions of this Act, or was prepared through fraud, bribery, forgery, impersonation, intimidation, force or any similar irregularity, or which contains data that are statistically improbable. No order, ruling or decision annulling a book of records shall be executed within ninety (90) days before an election.

SEC. 14. Reconstitution of Lost or Destroyed Registration Records. - The Commission shall reconstitute all registration records that have been lost or destroyed by using the corresponding copies of the national central file and copies sent to Philippine embassies or consulates. In case of conflict, the Commission shall determine which file shall be used for reconstitution purposes. If this is not feasible, the Commission shall conduct a general registration of voters in the affected area: All such voters shall retain their voter's identification number. Reconstituted forms shall be clearly marked with the word "reconstituted."

It shall be the duty of the Special Election Registration Board to report to the Commission any case of loss or destruction of registration record in their custody.

The reconstitution of any lost or destroyed registration records shall not affect the criminal liability of any person who is responsible for such loss or destruction.

SEC. 15. Notice of Election - The Commission shall, through diplomatic or consular officers, cause by publication in a newspaper of general circulation in the countries where Filipino citizens are found, the place, date and time of the holding of a regular or special national election and the requirements for the participation of qualified Filipinos not later than one hundred eighty (180) days before the day of election.

The Commission shall also disseminate information on the mechanics of voting, which shall include but not limited to primers, to qualified overseas Filipinos through Philippine embassies or consulates or, where there are no such offices, send such information by mail or by whatever possible means directly to the residential or working addresses of Filipino citizens abroad or through non-government organizations or associations.

SEC. 16. Application for Overseas Voting. - Every qualified Filipino abroad who has applied for registration or has been registered in the Philippines may file with the Commission on Elections or with the diplomatic or consular offices, not later than one hundred fifty (150) days before a regular or special national election, a sworn written application for overseas voting in a form prescribed by the Commission.

The Commission shall ensure the availability of application forms for overseas voting in Philippine embassies or consulates. In places where there are no such offices, such application forms shall be sent to qualified voters by mail or by whatever possible means directly to the residential or working addresses of qualified Filipino citizens abroad or through non-government organizations or associations.

The Commission shall also provide application forms for overseas voting to all Filipinos before their departure from the Philippines through the Department of Labor and the Department of Foreign Affairs and other appropriate private or government agencies before their departure from the Philippines.

Applications for overseas voting may be effected personally by the voter presenting himself before the Commission in Manila or the diplomatic or consular official or a non-government organization or association duly deputized by the Commission. Application by mail may be effected by the applicant sending a sworn written application to the diplomatic or consular office where he/she is located, or, if no such office is established in that country, then to the Commission's central office in Manila. In every case, the applicant shall submit to such official or deputy the following:

1. Complete name, age, and other personal circumstances as shown in his valid Philippine passport;
2. Voter's registration identification card or other data to prove registration in the Philippines;
3. Temporary residence abroad;
4. Date of last departure from the Philippines;
5. Such information or data as may be required by the Commission.

Upon receipt of the applications for overseas voting, the duly designated registration officer or deputy shall immediately transmit the same to the Commission for verification. Except ninety (90) days before a regular or special national election, the Special Registration Board for Overseas Filipinos shall act on the applications within ten (10) days upon receipt thereof.

Any person, whose application for overseas voting has been approved, shall be properly notified within five (5) days thereafter and included in the list of overseas Filipino voters. Upon notice of such approval to the Election Officer of the city or municipality where the voter was last registered, said Election Officer shall transmit by registered mail the voter's registration record to the Special Registration Board. The concerned Election Officer shall post in his office the names of Filipinos abroad whose applications for overseas voting have been approved and shall indicated in the respective list of voters.

If the Board disapproves the application, the applicant shall, with in five (5) days from the day of such decision, be furnished with a certificate of disapproval stating the grounds therefor.

In cases of approval or disapproval, any aggrieved party or their representatives, voter or representatives of political parties may file a petition with the Special Election Registration Board for the inclusion or exclusion of overseas Filipinos from the voter's list. The Special Registration Board shall decide on said petitions within ten (10) days upon receipt thereof and notify affected parties within five (5) days thereafter.

SEC.17. Transmittal, Printing and Distribution of Ballots. - The Commission shall, within sixty (60) days before the election, transmit by diplomatic pouch through the Department of Foreign Affairs to the different embassies and consulates abroad, the number of ballots for overseas voting corresponding to the number of registered overseas Filipino voters, and election forms and paraphernalia necessary to ensure the secrecy, integrity and sanctity of the votes cast. It shall be the duty and responsibility of the different embassies and consulates concerned to distribute the ballots, election forms and paraphernalia and campaign materials in accordance with the guidelines issued by the Commission.

Party watchers shall have the right to be present in all phases of printing, distribution and transmittal of ballots. No excess ballot shall be printed or distributed. Undelivered ballots shall be returned to the Commission unaccomplished.

Security markings shall be observed in the printing of ballots. Bar codes and timing marks shall be observed in the event that the modernization of the election system is in effect.

SEC. 18. Regulation on Campaigning Abroad. - Campaign materials of any candidate or political party may be sent to the qualified overseas Filipino voters by the political party 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: Provided, Finally, that no candidate shall personally campaign abroad.

SEC. 19. Balloting Procedure. - Ballots shall be prepared and mailed to registered overseas voters at their given address at least forty-five (45) days before the day of election.

The overseas Filipino 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/she may send his envelope directly to the Commission in Manila or to the Corresponding diplomatic or consular office where he sojourns.

Every overseas Filipino voter shall be entitled to cast his/her ballot at least thirty (30) days before the day of election. All ballots shall be contained in a specially sealed envelope with sealed markings. The voter shall be instructed that his/her ballot shall not be counted if not transmitted in the special envelope furnished him.

The ballots duly accomplished by overseas Filipino voters may be personally delivered or sent by registered mail to the diplomatic or consular officer concerned or at such other places as may be designated by the Commission or directly to the Commission, and must be received by the same before the close of the designated voting hour in the respective embassy and consular offices.

SEC. 20. Counting and Canvass. - Counting and canvass of overseas Filipino 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 as many board of election inspectors in diplomatic and consular offices and its central office in Manila as may be necessary to count ballots.

Only ballots received by the diplomatic and consular offices on or before the close of voting on the day of the election shall be included in the counting of votes.

Within twelve (12) hours from the close of counting in the embassy or consular office, the diplomatic or consular officer concerned shall transmit with utmost diligence the duly accomplished election returns to the Commission, together with all the necessary certifications and forms as it may required by law.

A special board of canvassers composed of a director of the Commission, as chairman, an officer of equivalent rank in the Department of Justice, as vice-chairman, and an officer also of equal rank in the Department of Education, Culture and Sports, a member, shall be constituted to canvass the election returns submitted to it by the boards of election inspectors.

For purposes of the 2001 elections, and until such time that a modern system of elections using modern technologies, at least in the counting and canvassing of votes, could be implemented as may be determined by the Commission, the counting and canvassing of overseas Filipino votes shall be done manually.

SEC. 21. Authority of the Commission to Promulgate Rules. - The Commission shall, in consultation with the Oversight Committee created by virtue this Act, the Department of Foreign Affairs, the Department of Labor and Employment and other pertinent agencies of the government and non-government organizations, promulgate the necessary rules and regulations for the effective implementation of the provisions of this Act.

SEC. 22. Information Campaign. - The Commission shall, in cooperation with concerned government agencies and non-government organizations, undertake the necessary information campaign for the purpose of educating the electorate on the manner of absentee voting within and outside of the Philippines.

SEC. 23. Access to Official Records and Documents. -Any person shall have the right to access and/or copy at his/her expense all registration records, voters list and other official records and documents subject to reasonable regulations.

SEC. 24. Assistance from Government Officials. - All government officials to the extent practicable with their primary responsibilities, assist the Commission in carrying out the purpose of this Act. All such officials shall take reasonable measures to expedite the transmission, delivery and return of all election matters which the Commission may require them to perform. Whenever necessary, the Commission may send supervisory teams, headed by career executive service officers to assist the diplomatic or consular offices concerned.

SEC. 25. Security Measure to Safeguard the Secrecy and Sanctity of Ballots. - At all stages of the electoral process, the Commission shall ensure that the secrecy and sanctity of the ballot shall be preserved. Towards this end, all necessary and practicable measures shall be adopted to allow representation of the candidates, political parties, accredited citizen's arms and non-government organizations to intervene in all stages of the electoral exercise and to prevent any and all forms of fraud and coercion.

SEC. 26. Prohibited Acts. - Violations of any provision of this Act shall constitute an election offense whether committed in the Philippines or in the countries where overseas voting for qualified Filipinos may be conducted.

The penalties imposed in Section 264 of Batas Pambansa Blg. 881, otherwise known as the Omnibus Election Code of the Philippines, As Amended, shall be imposed upon any person found guilty of violating any provision of this Act.

SEC. 27. Oversight Committee. - There shall be an Oversight Committee composed of three (3) members each from the Senate the House of Representatives and the Commission on Elections to monitor and Evaluate the implementation of this Act. A report to Congress shall be submitted within ninety days from the date of election.

SEC. 28. Applicability of other Election Laws. - The pertinent provisions of Batas Pambansa Blg. 881, As Amended, Republic Act No. 8189 and other election laws which are not in conflict with the provisions of this Act shall have suppletory effect.

SEC. 29. Appropriations. - The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter.

SEC. 30. Separability Clause. - If any provision of this Act shall be declared unconstitutional or invalid, the same shall not affect the remainder hereof.

SEC. 31. Repealing Clause. - All laws, executive orders, rules and regulations, and parts hereof which are inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.

SEC. 32. Effectivity. - This Act shall take effect fifteen (15) days following is publication in any newspaper of national circulation.