AN ACT PROVIDING FOR A SYSTEM OF ABSENTEE VOTING FOR QUALIFIED
FILIPINOS ABROAD AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
SECTION 1. Title. This Act shall be known as the "Absentee Voting Act of 2001".
SECTION 2. Declaration of Policy. The State shall provide a system for absentee voting
by qualified Filipinos abroad. Towards this end, proper access to the right to vote by Filipinos
abroad shall be institutionalized.
SECTION 3. Definition of Terms. For purposes of this Act, the following terms shall
mean:
1) Absentee Voting - the process by which qualified Filipinos abroad who are not in
their voting residence on election day, may vote in Philippine elections;
2) Filipinos abroad - Filipino citizens who are either working or residing outside of the
Philippines;
3) Voting residence - any city or municipality in the Philippines where a qualified Filipino
abroad is a registered voter or qualified to register and vote if present therein;
4) National election - any general election held for the position of President, Vice-
President, Member of the Senate or any plebiscite, referendum or initiative on any
national issue;
5) Regional election - any regional election held for the position of Regional Governor,
Regional Vice-Governor or Member of the Regional Assembly of any Autonomous
Region, or any plebiscite, referendum or initiative on any regional issue, or recall;
6) Local election - any general election held for the position of Members of the House
of Representatives, Provincial Governor, Provincial Vice-Governor or Member of the
Sangguniang Panlalawigan, or for Mayor, Vice-Mayor, or Member of the
Sangguniang Panglungsod or Bayan or any referendum, plebiscite or initiative on
any local issue, or recall.
SECTION 4. Coverage. All Filipinos abroad and their spouse and
dependents when residing with them who have all the qualifications and none of
the disqualifications of a voter shall have the right to register and to vote by
absentee ballot.
They shall include the following:
1) Contract worker employed in foreign countries;
2) Employees of the Philippine Government assigned in foreign countries;
3) Filipino citizens who are legal immigrants or temporary residents of foreign countries.
SECTION 5. Necessity of Registration. In order that a qualified Filipino
abroad may vote in absentia, he must first register in person in his voting
residence. No registration shall be conducted outside the Philippines.
SECTION 6. Procedure for Absentee Voting.
1) At least one hundred eighty (180) days before election day, the Commission on
Elections shall, through the diplomatic or consular officers, give notice of the holding
of an election, referendum, initiative or plebiscite to all qualified Filipinos abroad
residing in their respective jurisdictions and send to said offices applications to vote in
absentia.
The diplomatic or consular officers shall cause the publication of the notice at the
expense of the Commission.
2) Every registered Filipino abroad, who desires to avail of absentee voting, shall file a
sworn application to vote in absentia in the prescribed form with the Commission
through the diplomatic or consular officers concerned not later than one hundred
twenty (120) days before the elections. Upon receipt of the applications, said officers
shall transmit the same by diplomatic pouch to the Commission for verification in the
book of voters and in the corresponding permanent list of voters. Approved
applications to vote in absentia shall be so indicated in the respective voter
registration records and in the list of voters.
3) The Commission, after verification and approval of the application shall, not later than
sixty (60) days prior to the election, deliver to the Department of Foreign Affairs the
number of absentee ballots corresponding to the number of approved applications to
vote, and election forms and paraphernalia including voter information sheets and
campaign materials of candidates, for transmission by diplomatic pouch to the
different Philippine missions abroad. It shall be the duty and responsibility of the
missions concerned to distribute the ballots, elections forms, voter information sheets
and campaign materials to the absentee votes in accordance with the guidelines
issued by the Commission.
4) No campaigning abroad by any candidate, whether directly or indirectly, shall be
allowed.
5) The absentee ballots duly accomplished by the absentee voter may be personally
delivered or sent by registered mail to the diplomatic or consular office concerned or
at such other places designated by the Commission and must be received by said
office not later than fifteen (15) days before elections.
6) Immediately upon receipt of the absentee ballots, the embassy or consular office
shall transmit the same by diplomatic pouch to the Commission. The office
concerned shall undertake such measures necessary to ensure that the ballots are
received by the Commission on or before the close of voting on election day.
7) Only ballots received by the Commission on or before the close of voting on election
day shall be included in the counting of votes.
SECTION 7. Counting and Canvassing. Counting and canvassing of
absentee votes shall be conducted in the Philippines simultaneously with the
regular 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 constitute as many special boards of election
inspectors as may be necessary to count absentee ballots.
SECTION 8. Authority of the Commission to promulgate Rules. The Commission shall
promulgate rules and regulations as may be necessary to carry out the purpose of this Act.
SECTION 9. Prohibited Acts and Penalties. It shall be unlawful:
1) for any Philippine government official or employee to attempt to influence any person
covered by this Act to vote or not to vote for a particular candidate;
2) for any person to, knowingly or willingly, deprive or attempt to deprive any person of
any right secured in this Act, or knowingly or willingly give false information as to his
name, address or period of residence for the purpose of establishing his eligibility to
register or vote under this Act, or to pay or offer to pay or to accept payment either for
registration to vote or for voting;
3) for any candidate to campaign abroad, whether directly or indirectly.
Violations of any of the provisions of this Act shall constitute an election
offense. The penalties provided in Section 264 of Batas Pambansa Blg. 881,
otherwise known as the Omnibus Election Code of the Philippines, shall be
imposed on any person found guilty of committing any prohibited act defined in
this section.
SECTION 12. Applicability of Other Election Laws. The pertinent
provision of Batas Pambansa Blg. 881, as amended, and other election laws,
which are not in conflict with the provision of this Act shall remain in force and
effect and are hereby incorporated as integral parts of this Act.
SECTION 13. Appropriations. The amount necessary to carry out the
provision of this Act shall be included in the General Appropriations Act of the
year following its enactment into law and thereafter.
SECTION 14. Separability Clause. If any provision of this Act is held to
be unconstitutional or invalid, the same shall not affect the remainder thereof.
SECTION 15. Effectivity. This Act shall take effect fifteen (15) days after
its publication in any newspaper of general circulation.
Approved.
