Article 78p. 78

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

(q) Special Board of Election Inspectors (SBEI) refers

to the body deputized by the Commission to conduct the

voting and counting of votes.

(r) Voting Period refers to a continuous thirty (30)-day

period, the last day of which is the day of election,

inclusive of established holidays in the Philippines and of

such other holidays in the host countries.

(as amended by RA No 10590)

Section 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, as well as in all national referenda and

plebiscites. (as amended by RA No 10590)

Section 5. Disqualifications. — The following shall be

disqualified from registering and voting under this Act:

(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, except those who have reacquired or

retained their Philippine citizenship under Republic Act

No. 9225, otherwise known as the 'Citizenship Retention

and Reacquisition Act of 2003′;

(c) Those who have committed and are convicted in a

final judgment by a Philippine court or tribunal of an

offense punishable by imprisonment of not less than one

(1) year, 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

the

expiration of five (5) years after service of sentence; and

(d) 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.

(as amended by RA No 10590)

Section 6. Personal Overseas Registration and/or

Certification. — Registration and/or certification as an

overseas voter shall be done in person at any post abroad

or at designated registration centers outside the post or

in the Philippines approved by the Commission.

Field and mobile registration centers shall be set up

by the posts concerned to ensure accessibility by the

overseas voters.

All applicants shall submit themselves for live capture

of their biometrics.

The

Commission

shall

issue

an

overseas

voter

identification card to those whose applications to vote

have been approved. (as amended by RA No 10590)

Section 7. Resident Election Registration Board

(RERB);

Composition,

Appointment,

Disqualification

and Compensation. — The RERB shall be composed of

the following:

(a) A career official of the DFA, as Chairperson;

(b) The most senior officer from the Department of

Labor

and

Employment

(DOLE)

or any government

agency of the Philippines maintaining offices abroad, as

member: Provided, That in case of disqualification or

non-availability of the most senior officer from the DOLE

or any government agency of the Philippines maintaining

offices abroad, the Commission shall designate a career

official from the embassy or consulate concerned; and

(c) A registered overseas voter of known probity, as

member.

The Commission shall appoint the members of the

RERB upon the recommendation of the DFA-OVS.

The RERB in the OFOV shall be based in the main

office of the Commission and shall be composed of a

senior official of the Commission as the Chairperson and

one (1) member each from the DFA and the DOLE, whose

rank shall not be lower than a division chief or its

equivalent.

No member of the RERB shall be related to each

other

or

to an incumbent President, Vice-President,

Senator or Member of the House of Representatives

representing

the

party-list

system

of

representation,

within the fourth civil degree of consanguinity or affinity.

Each member of the RERB shall be entitled to an

honorarium at the rates approved by the Department of

Budget and Management (DBM). (as created by RA No

10590)

Section 8. Duties and Functions of the RERB. — The

RERB shall have the following duties and functions:

(a) Post in the bulletin boards of the embassy or

consulates or at the OFOV, as the case may be, and in

their respective websites, the names of the applicants

and the dates when their applications shall be heard, as

well as the place where the RERB will hold its hearing;

(b) Notify, through the OFOV, all political parties and

other parties concerned of the pending applications

through a weekly updated publication in the website of

the Commission;

(c) Act on all applications received;

(d) Notify all applicants, whose applications have

been

disapproved,

stating

the

reasons

for

such

disapproval;

(e) Prepare a list of all approved applications during

each hearing and post the same at the bulletin boards of

the embassy or consulates or at the OFOV, as the case

may be, and in their respective websites;

(f) Deactivate the registration records of overseas

voters; and

(g) Perform such other duties as may be consistent

with its functions as provided under this Act.

(as created by RA No 10590)

Section

9.

Petition

for

Exclusion,

Motion

for

Reconsideration, Petition for Inclusion. -

9.1. Petition for Exclusion . — If the application has

been approved, any interested party may file a petition

for exclusion not later than one hundred eighty (180) days

before the start of the overseas voting period with the

proper Municipal/Metropolitan Trial Court in the City of

Manila

or

where

the

overseas

voter

resides

in

the

Philippines, at the option of the petitioner.

The petition shall be decided on the basis of the

documents submitted within fifteen (15) days from its

filing, but not later than one hundred twenty (120) days

before the start of the overseas voting period. Should the

Court fail to render a decision within the prescribed

period,

the ruling of the RERB shall be considered

affirmed.

9.2. Motion for Reconsideration. — If the application

has been disapproved, the applicant or the authorized

representative shall have the right to file a motion for

reconsideration before the RERB within a period of five

(5) days from receipt of the notice of disapproval. The

motion shall be decided within five (5) days after its filing

on the basis of documents submitted but not later than

one hundred twenty (120) days before the start of the

overseas voting period. The resolution of the RERB shall

be immediately executory, unless reversed or set aside by

the Court.

9.3. Petition for Inclusion. — Within ten (10) days from

receipt of notice denying the motion for reconsideration,

the applicant may file a petition for inclusion with the

proper Municipal/Metropolitan Trial Court in the City of

Manila

or

where

the

overseas

voter

resides

in

the

Philippines, at the option of the petitioner.

© Compiled by RGL

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