Resolution No. 10152

WHEREAS, Section 9 of R.A. 10590 amending R.A 9189 provides that:

WHEREAS, there are overseas voters who are requesting to transfer their registrations from Post to local registry for purposes of participating in the forthcoming Barangay and Sangguniang Kabataan Elections;

WHEREAS, Articles 46, 48, and 49, Rule 10 COMELEC Resolution No. 9843 provides for the period and procedures of transfer of registration of overseas voters from Post to the Philippine municipality/city/district from the same or other than the voters' residence which is one hundred eighty (180) days before the day of the elections;

WHEREAS, the Commission has been granted the power to designate other certain pre-election acts when the periods and dates prescribed by law is no longer reasonable as provided under Sec. 29 of R.A 6646, to wit:

WHEREAS, it is imperative to harmonize the provisions of R.A. 9189 as amended by R.A. 10590 on the period for filing of applications for transfer vis-a-vis the constitutional right of suffrage of every qualified Filipino citizens in order not the deprive them of their right to participate in the forthcoming Barangay and Sangguniang Kabataan Elections.

NOW, THEREFORE, the Commission on Elections, pursuant to the authority vested in it under the Constitution, R.A. 9189 as amended by R.A. 10590, R.A. 6646 and other pertinent election laws, RESOLVED, as it hereby RESOLVES to promulgate the following procedures on the transfer of registration of overseas voters from Posts to the local registry.

SECTION 1. Period to file application for transfer. - Overseas voter who intends to participate in the Barangay and Sangguniang Kabataan Elections may file an application for transfer of registration records from Post to local registry from July 15-30, 2016.

Sec. 2. What to file. - All applicants for transfer shall accomplish and file applications for transfer (OVF No. 1-B). Copy of which is hereto attached.

Sec. 3. Where to file applications for transfer. - Applications for fransfer may be filed at the following:

1. Office for Overseas Voting (OFOV)
2. Office of the Election Officer (OEO)
3. Embassy / Consulate

In case the application for transfer is filed at the OEO or Embassy/Consulate, these offices shall, within twenty-four (24) hours from filing, transmit the duly accomplished OVF No. 1-B through the fastest means available to:

Sec. 4. Procedures. - The following procedures shall be observed by the OEO, the Embassy /Consulate and the OFOV:

1. OFFICE OF THE ELECTION OFFICER
   1. Transmit the application for transfer to the OFOV immediately upon receipt thereof though the fastest means available, by facsimile or email;
   2. Remove the annotation in the registration records and in the Certified List of Voters (CVL), in case the overseas voter transfers his/her registration records from Post to the same Philippine municipality/city/district.
2. EMBASSY/CONSULATE
   1. Transmit the application for transfer to the OFOV immediately upon receipt thereof though the faster means available, by facsimile or email;
3. OFOV
   1. Upon receipt of the applications for transfer, verify whether the applicant is a registered overseas voter. If so, the application for transfer shall be transmitted to the Commissioner-in-charge of the Office for Overseas Voting for approval. If not, the application for transfer shall be disapproved.
   2. Immediately communicate to the OEO and embassy/consulate concerned the action of the Commissioner-in-charge of the Office for Overseas Voting on the application for transfer;
   3. Cancel from the National Registry of Overseas Voters (NROV) and remove the overseas registrations records from the Book of Voters in case the application for transfer is approved.

Sec. 5. None applicability. - This resolution is not applicable to overseas voters who will apply for transfer of registration from Post to the overseas voters who will apply for transfer of registration from Post to the local registry of municipality/city/district other than his/her residence as indicated in OVF No. 1 or as recorded in the local CVL.

Sec. 6. Dissemination. - The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspaper of general circulation in the Philippines and to furnish copies hereof the Department of Foreign Affairs, all Regional Election Directors, Provincial Election Supervisors and Election Officers.

Sec. 7. Effectivity. - This Resolution shall take effect immediately after publication in two (2) newspapers of general circulation in the Philippines.

SO ORDERED.