AN ACT AMENDING REPUBLIC ACT NO. 9189

Case Overview and Summary

Summary of Republic Act No. 10590 (Overseas Voting Act of 2013)

Definitions (Section 3):
- Defines key terms such as Certified List of Overseas Voters (CLOV), Commission (COMELEC), Overseas Voter, Overseas Voting, Posts, Resident Election Registration Board (RERB), and Voting Period (30 continuous days before election day).

Coverage and Disqualifications (Sections 4 and 5):
- Filipino citizens abroad, at least 18 years old on election day, can vote for President, Vice President, Senators, and Party-List Representatives, as well as in national referenda and plebiscites.
- Disqualified from registering and voting are those who: lost Filipino citizenship, renounced Philippine citizenship (unless reacquired under RA 9225), convicted of crimes with at least 1 year imprisonment (can reacquire voting rights after 5 years of serving sentence), and declared insane or incompetent.

Registration Process (Sections 6-13):
- Registration and certification as an overseas voter must be done in person at Philippine posts abroad or designated centers. (Section 6)
- Establishes the Resident Election Registration Board (RERB) at each post to process voter applications. (Sections 7-8)
- Outlines procedures for petitions for exclusion, motions for reconsideration, and petitions for inclusion in the voter registry. (Section 9)
- Allows transfer of voter registration records in case of change of voting venue. (Section 10)
- Mandates a system of continuing voter registration, starting 6 months after the last national elections. (Section 11)
- Specifies requirements for voter registration, including a valid Philippine passport. (Section 12)
- Requires COMELEC to maintain a National Registry of Overseas Voters (NROV) and a Registry of Voters (ROV) per municipality/city/district. (Section 13)

Deactivation, Reactivation, and Cancellation of Voter Registration (Sections 14-18):
- RERB can deactivate voter registration for reasons such as imprisonment, insanity, not voting in 2 consecutive elections, or court order. (Section 14)
- Overseas voters can apply for reactivation of deactivated registration up to 120 days before the voting period. (Section 16)
- RERB can cancel voter registration for death or loss of Filipino citizenship. (Section 17)
- Procedures for reinstatement of inadvertently omitted voters from NROV. (Section 18)
- Procedures for correction of entries and change of name in voter records. (Section 19)

Voting Process (Sections 20-28):
- COMELEC to prepare the CLOV and post it at least 90 days before the voting period. (Section 20)
- Procedures for printing, transmittal, and handling of ballots, voting instructions, and election forms. (Section 21)
- Regulations on campaigning abroad, prohibiting it within the 30-day voting period. (Section 22)
- Voting can be done personally, by mail, or other means determined by COMELEC. (Section 23)
- Procedures for casting and submitting ballots, including personal voting at posts and voting by mail. (Sections 24-25)
- Allows government employees posted abroad performing election duties to vote at their respective posts. (Section 26)
- Establishes Special Boards of Election Inspectors (SBEI) and Special Boards of Canvassers (SBOC) for counting and canvassing of votes. (Section 27)
- Authorizes COMELEC to explore other efficient and secure modes or systems for overseas voting, including automated or internet-based systems. (Section 28)
- Allows COMELEC to procure facilities, equipment, materials, and services for overseas voting implementation. (Section 29)

Institutional Support (Sections 30-31):
- Authorizes the establishment of an Office for Overseas Voting (OFOV) under COMELEC. (Section 30)
- Creates a Department of Foreign Affairs Overseas Voting Secretariat (DFA-OVS) to assist OFOV. (Section 31)

Information Campaign and Assistance (Sections 32-34):
- Mandates an information campaign by COMELEC to educate the public on overseas voting processes. (Section 32)
- Requires assistance from government agencies like DFA, DOLE, DOTC, PhilPost, POEA, OWWA, and CFO in implementing the law. (Sections 33-34)

Security Measures and Prohibited Acts (Sections 35-36):
- Requires COMELEC to ensure secrecy and integrity of ballots at all stages of the electoral process. (Section 35)
- Lists prohibited acts such as influencing voters, depriving voting rights, tampering with ballots or election materials, refusing to serve as a deputy, unauthorized campaigning or information dissemination, and partisan political activity abroad during the voting period. (Section 36)

Congressional Oversight and Appropriations (Sections 37 and 41):
- Creates a Joint Congressional Oversight Committee to monitor and evaluate the law's implementation. (Section 37)
- Appropriations for implementing the law to be included in the budgets of COMELEC and DFA. (Section 41)

Other Provisions:
- Amends the declaration of policy to uphold the secrecy and sanctity of the ballot. (Section 42)
- Includes separability and repealing clauses. (Sections 43-44)
- Sets the effectivity date 15 days after publication in the Official Gazette or newspapers. (Section 45)