PRIMER ON THE ABSENTEE VOTE

The PINAY and PINOY OVERSEAS and ABSENTEE VOTING

             (Information from Akbayan! Citizens Action Party)

Neglected Heroes, Powerless Heroes

The number of Filipinos leaving the country has been steadily increasing. Daily, we witness the exodus of more than 2,500 Filipinos leaving for various destinations abroad.  To date, more than 10% (7.41 million) of our population are scattered in more than 193 countries and destinations worldwide.  They are the overseas Filipino workers (OFWs – 3.05 million); the immigrants and permanent residents (2.74 million) and the irregular or undocumented Filipinos (1.62 million).

Hailed as the modern-day heroes of our times primarily for having kept the Philippine economy afloat for many years through the annual remittance (US$6 to US$8 billion) they send home to their families.  Of course, labor migration is able to generate a thousand and one jobs and industries that further perk up our ailing economy, both government and private businesses – from the issuance of the NSO birth certificates to passports, airline tickets, banks, courier services, telecommunications, duty-free shops, recruitment agencies, caregiver training schools and the like, ironically generating jobs for people back home as they remain abroad because they could not find jobs at home!

Behind the obvious economic gains for the country, the private and business sector and all other sectors including the upkeep of  their families, the overseas Filipinos are a marginalized sector of Philippine society.  This is manifested by the lack of and/ or inadequate timely and responsive intervention to address the welfare and well-being of the overseas Filipinos particularly the OFWs and the undocumented overseas Filipinos.  This is further manifested by the political marginalization of the overseas Filipinos because of Congress’ long inaction on the Constitutional mandate to enact a system for absentee voting for qualified Filipinos overseas UNTIL February 13, 2003 when finally the President signed into law REPUBLIC ACT 9189 otherwise known as the OVERSEAS ABSENTEE VOTING ACT OF 2003.

RA 9189: THE OVERSEAS ABSENTEE VOTING ACT OF 2003

On February 13, 2003, President Gloria Macapagal-Arroyo signed into law RA 9189, with the national elections in May 10, 2004 for its first implementation.

The salient provisions of the law include the following:

Who among the overseas Filipinos are eligible to vote?  All Filipino citizens, at least eighteen (18) years old on election day, who can show proof of Filipino citizenship.

            For the immigrants and permanent residents, they must execute an affidavit declaring that a) they shall resume actual physical permanent residence in the Philippines not later than three (3) years from approval of their registration and b) they have not applied for citizenship in another country.  Failure to return shall be cause for the removal of their names from the National Registry of Absentee Voters and their permanent disqualification to vote in absentia.

Coverage: President, Vice-president, Senators and Party-list representatives

Manner of Registration/Certification: Personal with the Comelec representative at the embassies, consulates, honorary consulates and other foreign service establishments having consular jurisdiction over the locality where they temporarily reside (in the case of qualified seafarers, over the port where their vessel is docked during the registration period) or in the case of those who will be abroad on election day, personal with the Election Registration Board (ERB) of the locality where they are domiciled prior to their departure from the Philippines (or with the Committee on Overseas Absentee Voting at Comelec in Intramuros, Manila, in the case of qualified seafarers).

For registered voters under RA 8189, personal with the Comelec representative at the embassy, consulate, honorary consulates and other foreign service establishments having consular jurisdiction over the locality where they temporarily reside. In the case of registered seafarers, personal with the Comelec representative at the embassy / consulate / honorary consulates / other foreign service establishments having consular jurisdiction over the locality where their vessel is docked during the registration period.

Documentary requirements: Valid Philippine passport or DFA certification that said person has been issued a valid Philippine passport, a photocopy of the passport or certification and the accomplished prescribed application form (plus the Seaman’s Book and a photocopy, in the case of qualified seafarers) 

Application to Vote in Absentia: Qualified Pinays and Pinoys overseas, including qualified seafarers, shall simultaneously file with the Comelec representative of the embassy /consulate / honorary consulates / other foreign service establishments a letter-request to vote in absentia in person within 160 days before election day but not later than December 2, 2003..

Application forms may be downloaded from the Comelec and DFA websites and may be secured from the embassy / consulate / honorary consulates / other foreign establishments.

Period for Registration/Certification/Application to Vote in Absentia under RA 9189: August 1 - September 30, 2003

            IMPORTANT: Consular and diplomatic services rendered in connection with overseas voting processes shall be free / gratis.

            Comelec shall issue overseas absentee voters identification cards to those whose applications to vote have been approved.

National Registry of Overseas Absentee Voters: consolidated list of overseas absentee voters, including those voters registered under RA 8189 who applied for certification, with approved application for registration/certification as overseas absentee voters

Certified List of Overseas Absentee Voters: list of registered overseas absentee voters with approved applications to vote in absentia

Campaigning Abroad: The use of campaign materials as well as the limits on campaign spending shall be governed by the laws and regulations applicable in the Philippines.

Manner of Voting: Personal at the embassies / consulates / honorary consulates / other foreign service establishments or any polling place determined by the Comelec

 

            Voting Period:

Land-based: April 11 – May 10, 2004, 3 p.m. RP time

Sea-based: March 12 – May 10, 2004, 3 p.m. RP time

 

            Postal voting shall be allowed in NOT MORE THAN three (3) countries.  In this case, initially identified are the ff: Canada, United Kingdom and Japan.  Subject to a review after 2004, postal voting can be restricted or expanded.

Counting and Canvas: On-site, automated, public and uninterrupted counting within the premises of the embassies, consulates, honorary consulates and other foreign service establishments where the votes were cast or such other counting centers as may be designated by the Comelec, except in countries where there are two hundred or less absentee voters, where the Comelec may order manual counting.  Start of counting in all polling places abroad shall be synchronized with the start of counting in the Philippines

Watchers: Each candidate, political party, and parties, associations or organizations participating in the party-list system of elections, accredited citizens’ arms and accredited OFW organizations shall be entitled to one (1) watcher during the voting and counting of votes. If there is insufficient space in the counting center, preference shall be given to the watchers of the dominant majority and dominant minority parties as determined by the Comelec, one (1) common watcher for the independent candidates, one (1) for the accredited citizens’ arms and one (1) for accredited OFW organizations. The watchers shall be entitled to all the rights and privileges accorded them under election laws.

The Overseas Pinay and Pinoy, the Absentee Voting and AKBAYAN!

The overseas Pinays and Pinoys have been a sector of longstanding concern to Akbayan.  On its own and in collaboration with allied organizations and personalities within the country and abroad, Akbayan has consistently striven hard to contribute in the continuing effort to defend and advance the rights and welfare of our kababayans abroad and their families at home.  In fact, the first chapter of Akbayan abroad was set up among Pinays and Pinoys in Greece who, as migrant workers, have long been actively and militantly promoting their interests and those of their families.

Among the issues on overseas Filipinos in which Akbayan has been deeply involved is the absentee vote.  The passage of an absentee voting law for overseas Filipinos had been in the priority legislative agenda of Cong. Etta Rosales, Akbayan’s first representative in Congress.  She filed her own bill during her first year in Congress, the 11th Congress.  Her bill was the product of a series of consultations with overseas Filipino organizations and migrant NGOs.  The House committee report that came out, in the 11th and later in the 12th Congress, was largely based on Akbayan’s AVB bill.  Cong. Etta Rosales had always been there at every crucial turn of the AVB from the 11th Congress, whether in the committee, in plenary and in the bicameral conference committee.

Next to the committees on Suffrage and Foreign Affairs, the staff of Cong. Etta Rosales provided timely support to the AVB advocates, especially during critical plenary debates whether to facilitate their entry inside the plenary hall or to get copies of documents or to confirm the plenary schedules.  They had been the advocates’ eyes and ears in Congress.