Republic
of the Philippines
HOUSE
OF REPRESENTATIVE
Quezon
City
TWELVE
CONGRESS
FIRST
REGULAR SESSION
HOUSE
BILL NO. 211
Introduced
by Representatives Jose C. De Venecia, Jr. and Jaime C. Lopez
EXPLANATORY
NOTE
This
Bill seeks to allow Filipino residing or working abroad to exercise their right
of suffrage during national, regional and local elections.
The
proposed measure is in response to the mandate of the Constitution particularly
Section 2. Article V. thereof which states that "the Congress shall
provide a system for securing the secrecy and sanctity of the ballot as well as
a system for absentee voting by qualified Filipinos abroad".
The
provision on absentee voting by qualified Filipino citizens abroad in the
Constitution was explained by Commissioner Christian Monsod, who stated that
"The reason we want absentee voting to be in the Constitution as a mandate
to the legislature is that there could be inconsistency in the residence rule
if it is just a question of legislation of Congress. So, by allowing it and
saying that this is possible, then legislation can take care of the rest".
The
1954 Faypan vs. Quirino case (96 Phil 294) succinctly explains the rationale
and justification for absentee voting, to wit:
"A
citizen may leave the place of his birth to look for greener pastures, x x x
When all election is to be held, the citizen who left his birth place to
improve his lot may decide to return to his native town, to cast his ballot;
but for professional or business reasons, or for any other reason, he may not
absent himself from the place of his professional or business activities; so
then he registers as a voter as he has the qualification to be one and is not
willing to give up or lose the opportunity to choose the officials who are to
run the government especially in national elections, Despite such registration,
the "animus Revertendi" to his home, to his domicile or residence of
origin, has not forsaken him. This may be the explanation why the registration
of a voter in a place other than his residence of origin has not been deemed
sufficient to constitute abandonment or loss of much residence. It finds
justification in the natural desire and longing of every person to return to
the place of his birth. The same feeling of attachment to the place of one's
birth must be overcome by positive proof of abandonment for another".
Filipinos
abroad constitute about 10% of the entire population of the Philippines. It is
estimated that there are about 7 million Filipinos working or residing in over
130 countries abroad. Heralded as the country's new economic heroes being the
country's one of the top dollar earners, they, particularly overseas workers,
deserve to be given a voice to determine the lenders who shall shape and steer
the nation's future, including policies and programs that will affect them.
Unfortunately,
the right to vote for the officials of their choice - to which they are
entitled - has remained unrealized.
The
Bill will give life and meaning to the aforequoted Constitutional provision by
providing a concrete mechanism by which the right of suffrage may be exercised
by overseas Filipinos.
Hence,
the approval of this Bill is earnestly requested.
JOSE
C. DE VENICIA, JR.
4th
District, Pangasinan
JAIME
C. LOPEZ
2nd
District, Manila
Republic
of the Philippines
HOUSE
OF REPRESENTATIVES
Quezon
City
TWELVE
CONGRESS
FIRST
REGULAR SESSION
HOUSE
BILL NO. 211
Introduced
by Representatives Jose C. De Venecia, Jr. and Jaime C. Lopez
AN
ACT
PROVIDING FOR A SYSTEM OF ABSENTEE VOTING BY
QUALIFIED FILIPINOS ABROAD
Be it enacted by the
Senate and the House of Representatives of the Philippines in Congress
assembled:
SECTION
1. This Act shall be known as the "Absentee Voting Law of 2001".
SECTION
2. Definitions. For purposes of this Act, the following terms shall be
understood to mean as follows:
(1)
"Absentee voting" refers to tile process by which qualified overseas
Filipinos may vote in Philippine elections.
(2)
"Overseas Filipinos" means a Filipino citizen who sojourns outside of
the Philippines and who last resided in a particular city or municipality in
the Philippines prior to his departure from the Philippines.
(3)
"Voting residence" means any city or municipality in the Philippines
where an overseas Filipino is a registered voter or qualified to register as a
voter if present in the Philippines.
(4)
"National election" refers to any general or special election held
solely or in part for the purpose of electing any candidate for the Office of
the President, Vice-President, Member of the Senate, Member of the House of
Representatives, or Delegate to a Constitutional Convention, or any plebiscite
or referendum on ally national issue, or initiative, or recall.
(5)
"Regional election means any regional or special election held solely or
in part for the purpose of electing any candidate for the Office of Governor,
Vice-Governor, or Member of the Legislative Council of any Autonomous Region,
or any plebiscite or referendum on any regional issue, or initiative, or
recall.
(6)
"Local election" means any general or special election held solely or
in part for the purpose of electing any candidate for the Office of Governor,
Vice-Governor, or Member of the Sangguniang Panlalawigan of any province, or
for the Office of the Mayor, Vice-Mayor, or Member of the Sangguniang
Panglungsod or Bayan of any city or municipality, or any referendum or
plebiscite on any local issue, or initiatives, or recall.
SECTION
3. Overseas Filipinos Covered. Any overseas Filipino in any of the following
categories who is absent from the place of his voting residence in the
Philippines and not otherwise disqualified by law, shall have the right to
register and to vote by absentee ballot in any national, regional, or local
election in the city or municipality where he last resided prior to his
departure from the Philippines.
a. Overseas
contract workers employed outside of the Philippines and their Filipino
dependents when residing with them;
b. Employees of
the Philippines government serving outside of the Philippines, and their
spouses and dependents when residing with them;
c. Those
temporarily residing outside of the Philippines and their spouses and
dependents when residing with or accompanying them.
SECTION
4. Notice of elections. - Immediately after the election period shall have been
fixed, and upon proper advice by the Commission on Elections, the diplomatic
and consular officers so designated shall give sufficient notice to Filipino
citizens residing in their respective jurisdictions about the calling of an
election, referendum, initiative or plebiscite and the date and manlier of
registration, application and casting of absentee votes.
SECTION
5. Registration and Balloting Procedures. Any qualified overseas Filipino may
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.
No
overseas Filipino shall be allowed to cast his absentee vote unless he has
first obtained n certificate of eligibility to vote in absentia. Every
qualified voter must signify his intention to vote by filing a written
application under oath with the diplomatic or consular official concerned.
Application
to vote in absentia filed with designated diplomatic and consular offices shall
be transmitted to the Commission on Elections for verification and for
inclusion in the permanent list of voters prepared for the current election
shall bear the proper notation that a person is so voting in absentia in the
particular election.
The
Commission on Elections shall, within 10 days from the completion of its list,
transmit to tire diplomatic and consular offices concerned, the exact number of
applications received and approved by it, along with such materials and
election paraphernalia necessary to ensure the secrecy, integrity and sanctity
of the votes cast.
Upon
receipt by the designated diplomatic or consular officer of the absentee
ballots and other election paraphernalia, he shall immediately distributed the
same to the qualified overseas Filipino voters who have formally indicated in
their sworn application, their intention to participate in the elections.
The
absentee ballots duly accomplished by tile 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.
The
diplomatic and consular officer concerned shall transmit with utmost diligence,
within 12 hours from the close of the voting in his embassy or consular office,
the absentee ballots to the Commission on Elections, together with all the
necessary certifications and forms as may be required by the Commission in its
implementing rules and procedures.
SECTION
6. Counting and Canvass. The Commission on Elections shall constitute as runny
special boards of election inspectors for absentee voting as may be necessary
to count the votes.
SECTION
7. Authority of the Commission on Elections to Promulgate Rules. The Commission
on Elections is hereby mandated and authorized to promulgate all tile necessary
rules and regulations to implement the provisions of this Act within (30) days
from approval thereof.
SECTION
8. Assistance from Government Officials - All government officials shall, to
the extend practicable and compatible with their primary responsibilities,
assist the Commission on Elections in carrying out the provisions of this Act.
All such officials shall lake reasonable measures to expedite, transmit, deliver
and return all election matters which the Commission may require them to
perform. Whenever necessary, the Commission may send supervisory teams to
assist the diplomatic or consular offices concerned.
SECTION
9. Prevention of Fraud and Coercion - Every individual concerned with the
administration of this Act shall take necessary steps to prevent fraud to
protect voters against coercion of any sort, and to safeguard the integrity and
secrecy of the ballots cast.
SECTION
10. Prohibited Acts; Penalties. - It shall be unlawful:
(1)
for any Philippine Government official or employee to attempt to coarse or
influence in any manner any person covered by this Act to vote or not to vote
for a particular candidate, but nothing in this Act shall be deemed to prohibit
free discussion regarding politics or candidates for public office;
(2)
for any person to knowingly deprive or attempt to deprive any person of rely
right secured in this Act, or knowingly give false information as to his name,
address or period of residence for the purpose of establishing his eligibility
to register, qualify, or vote under this Act, or to pay, or offer to pay, or to
accept payment for the same purpose.
The
penalties provided in Section 264 of the Omnibus Election Code of the Philippines,
otherwise known as Batas Pambansa Blg. 881, shall be imposed on any person
found guilty of committing any prohibited acts defined in this Section.
SECTION
11. Applicability of Batas Pambansa Blg. 881. The pertinent provision of Batas
Pambansa Blg. 881, as amended, which are not in conflict with the provisions of
this Act shall remain in full force and effect and are hereby incorporated as
integral parts of this Act.
SECTION
12. Separability clause. If any provision of this Act is held to be unconstitutional
or invalid, the same shall not affect the remainder hereof.
SECTION
13. Effectivity. This Act shall take effect (15) days following its publication
in any two newspapers of general circulation.
Approved.
NOTE:
CONSOLIDATED INTO HB#3570
MOTHER BILL enacted into RA9189 on 2003-02-13
