Article 79p. 79

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

The petition shall be decided on the basis of the

documents submitted within fifteen (15) days from 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

RERB ruling shall be considered affirmed.

Qualified

Philippine

citizens

abroad

who

have

previously registered as voters pursuant to Republic Act

No. 8189, otherwise known as the 'Voter's Registration Act

of 1996′, shall apply for certification as overseas voters and

for inclusion in the NROV. In case of approval, the Election

Officer

concerned

shall

annotate

the

fact

of

registration/certification

as

overseas voter before the

voter's name as appearing in the certified voters' list and

in the voter's registration records.

(as created by RA No 10590)

Section 10. Transfer of Registration Record. — In the

event of change of voting venue, an application for

transfer of registration record must be filed by the

overseas voter with the OFOV, through its Chairperson, at

least one hundred eighty (180) days prior to the start of

the overseas voting period: Provided, That those who

would eventually vote in the Philippines should register

within the time frame provided for local registration in

the municipality, city or district where they intend to vote:

Provided, further, That those who have registered in the

municipality, city or district where they resided prior to

their departure abroad need not register anew: Provided,

finally, That transferees shall notify the OFOV, through its

Chairperson, of their transfer back to the Philippines at

least one hundred eighty (180) days prior to the next

national elections for purposes of cancelling their names

from the CLOV and of removing their overseas voter's

registration from the book of voters.

(as created by RA No 10590)

Section 11. System of Continuing Registration. — The

Commission shall ensure that the benefits of the system

of

continuing

registration

are

extended to qualified

overseas voters. Registration shall commence not later

than six (6) months after the conduct of the last national

elections. Towards this end, the Commission shall be

authorized to utilize and optimize the use of existing

facilities,

personnel

and

mechanisms

of

the various

government agencies for purposes of data gathering and

validation, information dissemination and facilitation of

the registration process.

Pre-departure Orientation Seminars (PDOS), services

and mechanisms offered and administered by the DFA,

the

DOLE,

the

Philippine

Overseas

Employment

Administration (POEA), the Overseas Workers' Welfare

Administration (OWWA), the Commission on Filipinos

Overseas

and

by

other appropriate agencies of the

government and private agencies providing the same

services shall include the salient features of this Act and

shall be utilized for purposes of supporting the overseas

registration and voting processes.

All employment contracts processed and approved

by the POEA shall state the right of migrant workers to

exercise their constitutional right of suffrage within the

limits provided for by this Act. (7a) (as amended by RA No

10590)

Section 12. Requirements for Registration. — Every

Filipino

registrant

shall

be

required

to

furnish

the

following documents:

(a) A valid Philippine passport. In the absence of a

valid passport, a certification of the DFA that it has

reviewed the appropriate documents submitted by the

applicant and has found them sufficient to warrant the

issuance of a passport, or that the applicant is a holder of

a valid passport but is unable to produce the same for a

valid reason;

(b) Accomplished registration form prescribed by the

Commission; and

(c) Applicants who availed themselves of the 'Citizen

Retention and Reacquisition Act' (Republic Act No. 9225)

shall present the original or certified true copy of the

order of approval of their application to retain or reacquire

their Filipino citizenship issued by the post or their

identification

certificate

issued

by

the

Bureau

of

Immigration.

The Commission may also require, additional data to

facilitate registration and recording. No information other

than

those

necessary

to

establish

the

identity

and

qualification of the applicant shall be required.

All applications for registration and/or certification as

an overseas voter shall be considered as applications to

vote overseas. An overseas voter is presumed to be

abroad

until

she/he

applies

for

transfer

of

her/his

registration records or requests that her/his name be

cancelled from the NROV. (8a) (as amended by RA No

10590)

Section 13. National Registry of Overseas Voters

(NROV) . —

The Commission shall maintain a National

Registry of Overseas Voters or NROV containing the

names of registered overseas voters and the posts where

they are registered.

Likewise, the Commission shall maintain a registry of

voters (ROV) per municipality, city or district containing

the

names

of

registered

overseas

voters

domiciled

therein. The Commission shall provide each and every

municipality, city or district with a copy of their respective

ROVS for their reference. (8a) (as amended by RA No

10590)

Section 14. Deactivation of Registration. — The

RERB

shall

deactivate

and

remove

the

registration

records of the following persons from the corresponding

book of voters and place the same, properly marked and

dated, in the inactive file after entering any of the

following causes of deactivation:

(a) Any person who has been sentenced by final

judgment by a Philippine court or tribunal to suffer

imprisonment for 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 paragraph shall automatically reacquire the

right to vote upon the expiration of five (5) years after

service of sentence, as certified by the Clerks of Courts of

the Municipal, Municipal Circuit, Metropolitan, Regional

Trial Courts or the Sandiganbayan;

(b) Any person declared by competent authority to be

insane or incompetent, unless such disqualification has

been subsequently removed by a declaration of a proper

authority

that

such

person

is

no

longer

insane

or

incompetent;

(c) Any person who did not vote in two (2) consecutive

national elections as shown by voting records; and

(d) Any person whose registration has been ordered

excluded by the courts.

The fact of deactivation shall be annotated in the

NROV and the corresponding ROV. (as created by RA No

10590)

Section 15. Notice of Registration and Election. —

The Commission shall, through the posts cause the

publication in a newspaper of general circulation of the

place, date and time of the holding of a regular or special

national

election

and

the

requirements

for

the

participation

of

qualified

citizens

of

the

Philippines

abroad, at least six (6) months before the date set for the

filing of applications for registration.

The Commission shall determine the countries where

publication shall be made, and the frequency thereof,

taking

into

consideration

the

number

of

overseas

Filipinos

present

in

such

countries.

Likewise,

the

Commission and the DFA shall post the same in their

respective websites. (10a) (as amended by RA No 10590)

Section

11.

Procedure

for

Application

to Vote in

Absentia. –

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