Local and Overseas Absentee Voting | Suffrage | ELECTION LAW

Election Law: Local and Overseas Absentee Voting in the Philippines

I. Constitutional and Statutory Framework

The right to suffrage is enshrined in the 1987 Philippine Constitution under Article V. However, this is limited to Filipino citizens, including qualified overseas Filipinos, as prescribed by law.

1. Constitutional Basis (Article V):

   • Section 1 provides that suffrage may be exercised by all citizens of the Philippines, who are not disqualified by law, and who meet the age and residency requirements as may be determined by law.
   • Section 2 allows Congress to design a system for absentee voting by qualified Filipinos abroad.

2. Statutory Law:

   • The Omnibus Election Code (Batas Pambansa Blg. 881) is the primary legislative framework governing elections in the Philippines. This was further supplemented by Republic Act No. 9189, known as the Overseas Absentee Voting Act of 2003, and later amended by Republic Act No. 10590, otherwise known as the Overseas Voting Act of 2013, to provide specific regulations for absentee voting by Filipinos overseas.

II. Local Absentee Voting (LAV)

Local absentee voting (LAV) allows certain groups of voters who are unable to vote in their place of registration on Election Day due to public service or work obligations to vote for national positions such as the President, Vice President, Senators, and Party-list Representatives. LAV is governed by Executive Order No. 157 and various Commission on Elections (COMELEC) resolutions.

1. Eligible Voters: Local absentee voters include:

   • Members of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP), who are assigned in places where they cannot vote on Election Day.
   • Government officials and employees, as well as members of the media, including their technical and support staff, who are performing election-related duties.

2. Requirements:

   • Absentee voters must apply for local absentee voting with the COMELEC before the election period, usually following deadlines specified in official resolutions.
   • They vote in advance, typically 10 days before the actual Election Day, but only for national positions.

3. Voting Process:

   • Absentee voters cast their votes manually in designated voting centers or through special voting mechanisms set by the COMELEC.
   • Ballots are transmitted to COMELEC and canvassed along with regular election returns.

4. Disqualifications:

   • Local absentee voters are prohibited from voting for local positions such as mayor or governor, as they are not physically present in their place of registration.

III. Overseas Absentee Voting (OAV)

Overseas absentee voting (OAV) is a mechanism that allows Filipinos residing or working abroad to vote for national positions, including the President, Vice President, Senators, and Party-list Representatives. This right is specifically provided by Republic Act No. 9189 (Overseas Absentee Voting Act of 2003), as amended by Republic Act No. 10590.

1. Eligible Voters:

   • Filipino citizens abroad who are at least 18 years old on Election Day and are not otherwise disqualified by law.
   • Dual citizens (Filipinos with foreign citizenship but retain their Filipino citizenship) can vote, provided they have registered as overseas voters.

2. Registration:

   • Overseas Filipinos must register with the Philippine embassy, consulate, or a designated Philippine Overseas Labor Office (POLO) in their country of residence. The COMELEC, through its Office for Overseas Voting (OFOV), administers registration.
   • Registration is open for several months prior to Election Day, and an application for registration is submitted in person or through other methods specified by COMELEC.

3. Voting Process:

   • Overseas absentee voters may vote via personal voting at Philippine embassies, consulates, or other designated posts, or through postal voting in select jurisdictions.
   • COMELEC Resolutions designate specific modes of voting (postal or personal) depending on the host country’s conditions.
   • Voting is held earlier than the election period in the Philippines, and the period for overseas voting is typically longer, lasting around 30 days before the date of the national election.

4. Disqualifications:

   • The following are disqualified from participating in overseas absentee voting:
     • Persons convicted by final judgment of a crime punishable by at least one year of imprisonment.
     • Those who have been declared insane or incompetent by competent authority, unless a subsequent declaration has lifted such status.
     • Filipinos who have renounced their Philippine citizenship or pledged allegiance to another country’s government.

5. Voting for National Positions Only:

   • Overseas absentee voters can only vote for national elective positions (President, Vice President, Senators, and Party-list Representatives). They are not allowed to vote for local officials (e.g., mayor, governor, congressman, etc.) as they are not residents of the localities in the Philippines.

6. Canvassing and Transmission of Votes:

   • Overseas ballots are transmitted to COMELEC’s central office for canvassing. The embassies or consular offices coordinate the transmittal of ballots and election results.
   • The votes of overseas absentee voters are then consolidated with local votes during the national canvassing process.

IV. Legal Challenges and Issues

1. Disenfranchisement: Despite the establishment of absentee voting, certain challenges persist, particularly for overseas voters. These include:

   • Lack of access to voting centers in certain countries.
   • Insufficient resources and personnel in embassies and consulates, leading to delays or obstacles in voting processes.
   • Disqualification of those who fail to register within the prescribed period.

2. Dual Citizens and Absentee Voting: The Dual Citizenship Act (Republic Act No. 9225) permits natural-born Filipinos who have acquired foreign citizenship to retain or re-acquire their Philippine citizenship, thus enabling them to vote in Philippine elections. However, this often requires additional administrative steps such as re-registration as an overseas absentee voter.

3. COMELEC Resolutions: Each election cycle, the COMELEC issues updated guidelines and resolutions to implement the Overseas Absentee Voting Act. These resolutions cover details such as the specific schedules, modalities, and operational instructions for implementing both local and overseas absentee voting systems.

4. Technical and Security Concerns: Issues related to the security of postal ballots and the integrity of personal voting abroad have been raised, particularly in ensuring that the sanctity and secrecy of the vote are maintained. The possibility of fraud or coercion, particularly in countries with significant Filipino populations, requires vigilance from both COMELEC and the Department of Foreign Affairs (DFA).

V. Conclusion

The laws governing Local and Overseas Absentee Voting in the Philippines are aimed at expanding the right of suffrage to citizens who are unable to vote in their local precincts on Election Day, particularly due to public service obligations or residency abroad. While legislative measures such as the Overseas Voting Act and related COMELEC resolutions have laid down the legal framework, actual implementation has faced various logistical and procedural challenges, particularly with overseas voting.

Nevertheless, the existence of these voting systems marks a significant step in ensuring that Filipino citizens, regardless of their location, can participate in the democratic process.