IN THE MATTER OF AMENDING CERTAIN PROVISIONS OF RESOLUTION NO. 10167 DATED OCTOBER 28, 2016, OTHERWISE KNOWN AS THE RULES AND REGULATIONS ON THE CONDUCT OF THE CONTINUING REGISTRATION FOR OVERSEAS VOTING, FOR PURPOSES OF THE MAY 13, 2019 NATIONAL ELECTIONS.

WHEREAS, by Resolution No. 9843 promulgated on15 January 2014, the Commission on Elections (Commission) issued the Implementing Rules and Regulations of Republic Act No. 10590, otherwise known as "An Act Amending Republic Act No. 9189, Entitled: "An Act Providing for a System of Overseas Absentee Voting by Qualified Citizens of the Philippines Abroad, appropriating Funds therefore and for other Purposes'."

WHEREAS, by Resolution No. 10167 promulgated on 28 October 2016, the Commission issued the Rules and Regulations on the conduct of Continuing Registration for Overseas Voting for purposes of the May 13, 2019 National Elections and subsequent elections thereafter;

WHEREAS, to ensure the proper and orderly conduct of the continuing registration for overseas voting, there is a need to amend certain provisions of Resolution No. 10167;

NOW THEREFORE, pursuant to its authority under the Constitution, the Omnibus Election Code, Republic Acts No. 9189 and 10590, and other election laws, the Commission RESOLVED, as it hereby RESOLVES, to promulgate the following amendments to COMELEC Resolution No. 10167 on the conduct of Continuing Registration for Overseas Voting.

RULE I
GENERAL PROVISIONS AND MEANING OF WORDS

Section 1. Declaration of policy. - It is the policy of the Commission to establish a clean, complete, permanent and updated list of overseas voters through the taking of photograph, fingerprints and signature (biometrics) in the registration process.

Sec. 2. Title. - These Rules shall be known and cited as "Rules and Regulations for the Conduct of Continuing Registration on Overseas Voting for Purposes of the May 13, 2019 National Elections and subsequent elections thereafter".

Sec. 3. Coverage. - All citizens of the Philippines abroad, not otherwise disqualified by law, at least eighteen (18) years of age on the day of elections, and a registered overseas voter, may vote for President, VicePresident, Senators and Party-List Representatives as well as in all national referenda and plebiscites.

Sec. 4. Meaning of words. - As used in these Rules:

Application for Registration/Certification As Overseas Voter (OVF No. 1) - refers to the form prescribed by the Commission to be used by Philippine citizens who intends to apply for registration/certification as an overseas voter.
Certified List of Overseas Voters (CLOV) - refers to the list of registered overseas voters whose applications to vote have been approved by the RERB. Said list to be prepared by the Office for Overseas Voting (OFOV) of the Commission, on a country-by-country and post-by-post basis. The list shall be approved by the Commission in an En Banc resolution.
Commission - refers to the Commission on Elections.
Day of Election - refers to the actual date of elections in the Philippines.
Department of Foreign Affairs - Overseas Voting Secretariat (DFAOVS) - refers to the secretariat based at the Department of Foreign Affairs (DFA) home office tasked to assist the Office for Overseas Voting (OFOV) under the Commission, and to direct, coordinate and oversee the participation of the DFA in the implementation of the Overseas Voting Act of 2003 as amended.
Field Registration - refers to the conduct of registration of overseas voters at predetermined locations, either in the Philippines, as may be determined by the Commission, or outside the posts, upon the favorable recommendation of the DFA-OVS, both being of limited duration and based on the guidelines prescribed by the Commission for that exclusive purpose. The government shall not collect fees for the conduct of field registration.
List of Overseas Voters with Voting Records - refers to the certified list of overseas voters containing their names and biometrics, arranged alphabetically, for use by SBEI during the voting period.
Mobile Registration - refers to the conduct of registration of overseas voters at various locations outside the posts, other than at the field registrations, undertaken as part of the post's mobile consular and outreach activities to Filipinos within their jurisdictions.
Municipal/City/District Registry of Overseas Voters (ROV) - refers to the consolidated list prepared, approved and maintained by the Commission for every municipality/city/district of overseas voters whose applications for registration as such, including those registered voters under Republic Act No. 8189, "Voter's Registration Act of 1996", who applied for certification as overseas voters, have been approved by the Election Registration Board and/ or Resident Election Registration.
National List of Registered Voters (NLRV) - refers to the consolidated list of registered voters under Republic Act No. 8189, and those registered voters under the Overseas Voting Act of 2003 as amended.
National Registry of Overseas Voters (NROV) - refers to the consolidated list prepared, approved and maintained by the Commission. This list contains the names of overseas voters whose applications for registration as overseas voters, including those registered voters under Republic Act No. 8189 who have applied to be certified as overseas voters, have been approved by the resident Election Registration Board, indicating the post where the overseas voter is registered.
Office for Overseas Voting (OFOV) - refers to the Office of the Commission tasked to oversee and supervise the effective implementation of the Overseas Voting Act of 2003 as amended.
Overseas Voter - refers to a citizen of the Philippines who is qualified to register and vote under the Overseas Voting Act of 2003 as amended, not otherwise disqualified by law, who is abroad on the day of the elections.
Overseas Voting - refers to the process by which qualified citizens of the Philippines abroad exercise their right to vote.
Overseas Voter Registration Record - refers to the application for registration/certification approved by the Resident Election Registration Board (RERB) or the computer generated document which contains the demographic and biometric information of an overseas voter.
Posts - refer to the Philippine embassies, consulates, foreign service establishments and other Philippine governmEmt agencies maintaining offices abroad, e.g., the Philippine Overseas Labor Offices (POLO) having jurisdiction over the places where overseas voters reside. For purposes of overseas voting, Posts shall also mean to include the Manila Economic & Cultural Offices (MECOs) in Taiwan.
Registered Overseas Voter - refers to one whose application for registration or for certification as overseas voter has been approved by the Resident Election Registration Board under the Overseas Voting Act of 2003 as amended.
Representative of the Commission - refers to the officials and employees of the Foreign Service Corps, including the Filipino contractual or project term employees that the embassies, consulates and other foreign service establishments locally hired at the host country, deputized by the Commission pursuant to the Overseas Voting Act of 2003 as amended.
Resident Election Registration Board (RERB) - refers to the inhouse Election Registration Board in every Post and in the OFOV, which processes, approves or disapproves all applications for registration and/or certification as overseas voters, including deactivation, reactivation and cancellation of registration records.
Seafarers - refer to ship officers and ratings manning ships, including offshore workers, service providers and fishermen, as defined in the Revised Rules on the issuance of Seafarer's Identification and Record Book of the Maritime Industry Authority.
Voters Registration Machine (VRM) - refers to the machine used to capture and store digital images of a person's images, fingerprints and signature, together with all other information regarding an overseas voter applicant.
Voting Period - refers to a continuous thirty (30)-day period, the last day of which is the day of the election, inclusive of established holidays in the Philippines and of such other holidays in the host countries.

RULE 2
REGISTRATION REQUIREMENTS AND PROCEDURES

Sec. 5. Period of filing applications for registration. - Applications for registration may be filed from December 1, 2016 to September 30, 2018.

Sec. 6. Who may register. - All citizens of the Philippines, who are abroad or will be abroad during the thirty (30) day voting period, at least eighteen (18) years of age on the day of the elections and not otherwise disqualified by law, may register.

Sec. 7. Who may not register. - The following shall be disqualified from registering:

Those who have lost their Filipino citizenship in accordance with Philippine laws;
Those who have expressly renounced their Philippine citizenship or who have pledged allegiance to a foreign country; except dual citizens as referred to under Republic Act No. 9225, otherwise known as the Citizenship Retention and Reacquisition Act of 2003;
Those who have committed and are convicted in a final judgment by a court or tribunal of an offense punishable by imprisonment of not less than one (1) year, such disability not having been removed by plenary pardon or amnesty; Provided, however, That any person disqualified to register under this subsection shall automatically acquire the right to vote upon expiration of five (5) years after service of sentence;
Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad, as verified by the Philippine embassies, consulates or Foreign Service establishments concerned, unless such competent authority subsequently certifies that such person is no longer insane or incompetent.

Sec. 8. Where to file applications for registration/certification. - OVF No. 1 may be filed at any Post abroad or at designated registration centers outside the Post or in the designated registration centers in the Philippines as approved by the Commission.

Sec. 9. Requirements for filing of applications for registration/certification. - Every applicant shall accomplish OVF No.1 and submit the following:

Valid Philippine passport to establish his/her identity. In the absence of a valid passport, a certification of the DFA that it has reviewed the appropriate documents submitted by the applicant and found them sufficient to warrant the issuance of a passport, or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason; and
In case of applicants who availed themselves of the "Citizenship Retention and Reacquisition Act" (RA 9225), the original or certified true copy of the Order of Approval of their application to retain or reacquire their Filipino citizenship issued by Post or their Identification Certificates issued by the Posts or the Bureau of Immigration; or
In case of seafarers a photocopy of their Seamans Book or any other pertinent document.

Sec. 10. A new Section 10 (II) (e) and (IV) are inserted, (III) (f) and (V) (vi) are amended, (III) (g) and (D) are renumbered as (V) and (VI) to read as follows:

Sec. 10. Registration/certification procedures. - The following procedures shall be observed by the applicants, representatives of the Commission and VRM Operators:

The applicants shall:
1. Secure OVF No. 1 either by:
  1. getting it from the Post;
  2. downloading it from the websites of COMELEC, DFA, OFOV or any Post; or
  3. filing "on line" using the iRehistro facility of the Commission found at the COMELEC website at www.comelec.gov.ph for purposes of encoding the demographics and setting an appointment for the capturing of biometrics. For this purpose, the applicant has to print the application form and personally appear before the Post on the date and time of scheduled appointment to submit the application for registration and for purposes of capturing of biometrics;
2. Accomplish the form either manually or on-line;
3. Personally appear before the representative of the Commission at any Post abroad or at the designated registration centers outside the Post or in the Philippines as approved by the Commission;
4. Submit the accomplished OVF No.1 and supporting identification documents as provided under these Rules. The Commission may require additional documents to establish the identity and qualification of the applicant.
The representative of the Commission shall:
1. Determine the identity of the applicants by verifying the passport or such other documents that may sufficiently establish their identity;
2. Verify in the NLRV whether the applicant's name is in the list:
  1. If applicant's name is included in the NLRV as registered voter with biometrics, in the Post, he/she need not register anew.
  2. If applicant's name is not included in the NLRV, tick off in OVF No. 1 the portion "for Registration"
  3. If applicant's name is included in the NLRV as registered voter in the Philippines, tick off in OVF No. 1 the portion "for Certification".
  4. If applicant's name is included in the NLRV as registered overseas voter without biometrics, in the Post, write on the appropriate space of OVF No. 1, the Application Numbers previously assigned to the applicant as appearing in the NLRV. In this case, the form shall be stamped "for data capturing only".
  5. If applicant's name is included in the NLRV as voter with biometrics, in another Post, applicant should be advised not to register anew, but instead to apply for transfer of his/her registration records to the Post with jurisdiction over his/her current residence. OVF No. 1 B, Letter-Request of Transfer shall be issued to the applicant.
  6. If applicant's name is included in th,e NLRV as voter without biometrics, in another Post, the applicant should be advised to accomplish OVF No. 1 B and OVF No. 1. The VRM Operator shall write on the appropriate space the Application Number previously assigned to the voter as appearing in the NLRV. For this purpose, the form shall be stamped "for data capturing only".
3. Ensure that the OVF No.1 issued to the applicants have been accomplished legibly, accurately and completely; and
4. Direct the applicants to the Voter Registration Machine (VRM) operator for the live capture of their biometrics.
5. Administer the oath found in OVF No. 1 after it is properly initialed by the VRM Operator.
The VRM Operator shall:
1. Generate the application form number and write on the upper right hand portion of the accomplished OVF No. 1 for new applicants for registration/certification;
2. Encode the demographics required by the Voter Registration System (VRS );
3. Capture the applicant's biometric data. If applicant does not submit for the live capture of biometrics, the applicant shall be informed that the application shall be deemed not filed.
4. In case of defective or non-availability of VRM, the representative of the Commission shall:
  1. Require the applicant to affix his/her right thumbprint on the available space between the boxes for the Date and Signature of the Applicant on OVF No.1;
  2. Accomplish OVF No. 1 C - Certificatiion on VRM Malfunction that on the day of the filing of said application, the VRM was defective or not available. The OVF No. IC shall be attached to the applicant's OVF No. 1 and shall be placed in a separate file;
  3. Advise the applicant to submit to live biometrics capture as soon as the VRM becomes availablle. For this purpose, the Post shall notify the applicant;
    
    Failure on the part of the applicant to appear despite notice for biometric capturing shall render the applicant's OVF No. 1 as not filed, without prejudice to the applicant's appearance at a later time during the registration period for biometrics taking.
5. Affix initials under the space provided for the signature of the Administering Officer, in OVF No.1;
6. Return the initialed OVF No. 1 to the applicant and direct him/her to proceed to the administering officer.
The Administering Officer shall:
1. Verify if the OVF No. 1 has been duly initialed by the VRM Operator;
2. If initialed, administer the Oath found in OVF No. 1;
3. If not, direct the applicant to return to the VRM Operator for biometrics capture. The absence of the initials of the VRM operator shall be construed as applicant's failure to submit to live capture of his/her biometrics.
The VRM Operator shall:
1. At the end of each day:
  1. Save to CD all records captured for the day.
  2. Gather all accomplished application forms and compact discs (CDs).
  3. Compile all accomplished application forms alphabetically by surname; and
  4. Store the application forms, CDs, other forms and supplies in a safe and secure place. CDs that are not yet full or have not been finalized shall be used in the succeeding registration day.
1. At the end of each quarter or month:
  1. Generate a list of those who applied for registration or certification, and other applications. Said list shall be posted in the COMELEC website (for applications received from the designated registration centers in the Philippines) and DFA website (for applications received abroad);
  2. Determine if the name of the applicant is included in the NLRV. If included, determine whether the applicant is registered as overseas voter or in the Philippines. If registered as overseas voter, annotate in the OVF No. 1 and in the generated list, the phrase "Already registered in the ____ post". Thereafter, prepare a list of applicants of "Already registered overseas voter";
  3. Submit to the RERB all OVF No. 1 received for the quarter or month, including the list of applicants for approval/disapproval.
2. After RERB hearing:
  1. Segregate approved from disapproved OVF No. 1;
  2. Mark all disapproved records in the database;
  3. Generate List of Applicants with Approved OVF No. 1;
  4. Generate List of Applicants with Disapproved OVF No. 1;
  5. Back-up in a CD all records approved for registration/certification, reactivation, transfer, including records updated/edited due to change of name and change of address for the month; and
  6. Submit the back-up CD, list of all approved applications, and scanned copies of all approved OVF No. 1, to the OFOV through the DFA-OVS within five (5) days after hearing.
The OFOV shall:
1. Obtain from the RERBs after each hearing, all applications acted upon by them, and on the basis thereof, consolidate the contents of the back-up CDs received from the posts and designated registration centers in the Philippines;
2. Create two (2) back-up CDs of the consolidated records; and
3. Endorse the CD containing the consolidated records to the Information Technology Department (ITD) of the Commission for Automated Fingerprint Identification System (AFIS) processing of all records and thereafter, print the Overseas Voters Registration Record (OVRR) including Identification Card, NROV and CLOV.

RULE 3
FIELD AND MOBILE REGISTRATION

Sec. 11. Overseas Field or Mobile Registration. - The Post may conduct field or mobile registrations subject to the following guidelines:

The host government allows such field or mobile registration activities/services;
The conduct of field or mobile registration services will not compromise the security, integrity and sanctity of the registration process including the use of VRM and its related materials;
Field or mobile registration services will benefit a substantial number of Filipinos in areas under the jurisdiction of the Posts;
Information on the different schedules of field or mobile registration activities shall be widely disseminated by the Post;
The conduct of field or mobile registration services shall be consistent with the provisions of the Overseas Voting Act of 2003 as amended and the procedures prescribed by the DFA Internal Guidelines;
Field or mobile registration services shall be undertaken by the authorized representatives of the Commission;
The conduct of mobile registration services will not entail any expense on the part of the Commission while the field negistration services shall be conducted, upon prior approval of the Commission through the OFOV, and with the least expense on the part of the Commission; and
Post that will conduct field or mobile registration shall use VRMs from their current inventory.

Sec. 12. Local Field Registration. - All local field registration meet the following guidelines:

The Commission, through the OFOV, authorizes such field registration activities;
The conduct of field registration will not compromise the security, integrity and sanctity of the registration process;
The information on the different schedules shall be widely disseminated by the OFOV, DFA-OVS and the government or private agencies involved;
The field registration shall be undertaken by the OFOV in coordination with the DFA-OVS and other government or private agencies deputized by the Commission; and
The conduct of the field registration shall be consistent with the provisions of Overseas Voting Act of 2003 as amended.

RULE 4
RESIDENT ELECTION REGISTRATION BOARD (RERB)

Sec. 13. Composition of Resident Election Registration Boards (RERB). -

The RERB in each Posts shall be composed of the following:
1. A career official of the DFA as Chairperson;
2. The most senior officer from the Department of Labor and Employment (DOLE) or attache' of any government agency of the Philippines maintaining offices abroad as member; and
3. A registered overseas voter as member.

In the absence of an officer from the Department of Labor and Employment (DOLE) or attache' of any government agency of the Philippines maintaining offices abroad, a career official of the DFA at the Post may be designated as member.

The RERB in the OFOV shall be composed of:
1. A senior official of the Commission as Chairperson;
2. An officer from the Department of Foreign Affairs (DFA) as member; and
3. An officer from the Philippine Overseas Employment Administration (POEA) of the Department of Labor and Employment (DOLE) as member;
  
  Provided that those who will be appointed as members of the RERB from the DFA and DOLE must have a rank not lower than division chief or its equivalent.

Sec. 14. Qualifications of members of RERB. -

Members of the RERB in the Posts and in the OFOV must be:
1. Filipino citizens; and
2. Of known probity, proven competence and integrity.

Sec. 15. Disqualification of members of RERB. - No member of the RERB shall be related to each other or to the incumbent President, VicePresident, Senators or Party-list Representatives in the House of Representatives, within the fourth civil degree of consanguinity or affinity.

Sec. 16. Appointment of members of RERB. - Tlhe Commission, through the Commissioner-in-charge of the OFOV, shall appoint the members of the RERB upon the recommendation of the DFA-OVS.

Sec. 17. Honoraria. - In case RERB hearings were conducted during the month, each member of the RERB, the VRM Operator, and Administering Officer shall be entitled to a monthly honorarium at the rate provided herein:

No. of Applications heard	Honorarium
1-200	50US$
201-400	75US$
401-600	100US$
601 or 1000	150US$
1001 or higher	200US$

Any person who serves in dual or multiple capacities as RERB Member, VRM Operator, and/or Administering Officer, shall receive only one (1) monthly honorarium.

All Posts shall designate one regular (1) administeriing Officer. The number of VRM Operators to be designated shall be equivalent to the number of VRMs assigned to the Post.

Sec. 18. A new Section 18 (I) (e) and (II) (e) are hereby amended as follows:

Sec. 18. Duties and functions of the RERB. - The RERB shall have the following duties and functions:

RERB AT THE POST
1. Post at the bulletin board of the Post and in its website, the names of the applicants and the dates when their applications shall be heard, as well as the place where the RERB will hold its hearing;
2. Notify, through the OFOV, all political parties and other parties concerned of the pending applications through a weekly updated publication in the website;
3. Act on all applications received by the Posts;
4. Notify all applicants, whose applications have been disapproved, stating the reasons for such disapproval;
5. Prepare a list of all approved applications after each hearing and post the same at the bulletin board of the Post, and on the website of the Post, if any. The information above-cited shall be made available to the DFA-OVS for posting at its own website and that of the Commission;
  
  Upon request of the Post, through the DFA-OVS, the Commissioner-in-Charge (CIC) of the OFOV may constitute as many additional RERBs as may be necessary, and/or authorize the conduct of RERB monthly hearings, to ensure that all applications are acted upon within the period prescribed herein in accordance with the number of applications to be heard.
6. Submit to OFOV, through DFA-OVS, the list of approved applications during each hearing and the CDs containing the biometrics and demographics of the applicants within five (5) days after conclusion of the hearing;
7. Deactivate the registration records of overseas voters in accordance with these Rules;
8. Reactivate the registration records of overseas voters. in accordance with these Rules; and
9. Perform such other duties as may be consistent with its functions as provided under the Overseas Voting Act of 2003 as amended.
RERB IN THE PHILIPPINES
1. Post at the Office of the OFOV, and in its website, the names of the applicants and the dates when their applications shall be heard, as well as the place where the RERB will hold its hearing;
2. Notify all political parties and other parties concerned of the pending applications through a weekly updated publication in the website of the Commission. The OFOV shall be utilized to effect said notification;
3. Act on all applications received from the local field registration centers established in the Philippines;
4. Notify all applicants, whose applications have been disapproved, stating the reasons for such disapproval;
5. Prepare a list of all approved applications during each hearing and post the same at the bulletin board of the Commission, at the OFOV, and on the website of the Commission;
  
  The OFOV may constitute as many adclitional RERBs as may be necessary, and/or authorize the conduct of RERB monthly hearings, to ensure that all applications are acted upon within the period prescribed herein in accordance with the number of applications to be heard;
6. Deactivate the registration records of overseas voters in accordance with these Rules;
7. Reactivate the registration records of overseas voters in accordance with these Rules; and
8. Perform such other duties as may be consistent with its functions as provided under the Overseas Voting Act of 2003 as amended.

Sec. 19. A new Section 19 is hereby amended as follows:

Sec. 19. Schedule of RERB hearing. - The RERB shall conduct hearings on the following dates:

Period Covered	Last day to post notice of hearing	Last day to file opposition to applications	Date of RERB hearing
Application filed from April 1, 2017 to June 30, 2017	July 10, 2017	July 17, 2017	July 24, 2017
Application filed from July 1, 2017 to September 30, 2017	October 9, 2017	October 16, 2017	October 23, 2017
Application filed from October 1, 2017 to December 31, 2017	January 8, 2018	January 15, 2018	January 22, 2018
Application filed from January 1-31, 2018	February 12, 2018	February 19, 2018	February 26, 2018
Application filed from February 1-28,2018	March 12, 2018	March 19, 2018	March 26, 2018
Application filed from March 1-31, 2018	April 9, 2018	April 16, 2018	April 23, 2018
Application filed from April 1-30, 2018	May 7, 2018	May 14, 2018	May 21, 2018
Application filed from May 1-31, 2018	June 11, 2018	June 18, 2018	June 25, 2018
Application filed from June 1-30, 2018	July 9, 2018	July 16, 2018	July 23, 2018
Application filed from July 1-31, 2018	August 6, 2018	August 13, 2018	August 20, 2018
Application filed from August 1-31, 2018	September 10, 2018	September 17, 2018	September 24, 2018
Application filed from September 1-30, 2018	October 8, 2018	October 15, 2018	October 22, 2018

When the date of hearing falls on declared holidays in the Philippines or host country, the hearing shall be conducted on the next working day.

Failure to conduct the scheduled RERB hearing shall constitute as an election offense.

Sec. 20. A new Title of Section 20 is hereby amended to read as follows:

Sec. 20. Notice of hearing and Verification of applications. - Upon receipt of the applications, the Chairman of the RERB shall immediately:

Set the applications for hearing in accordance with the schedule set by the Commission;
Prepare and post the Notice of Hearing as provided under these Rules, at least one (1) week before the date of hearing;
Notify all political parties and duly accredited citizen's arms of the pending applications for registration through a weekly updated publication in the website of the Post or of the Commission in case of applications filed at the registration centers in the Philippines;
In case of applications for certifications, verify from the NLRV, whether the applicant is a registered voter.

Sec. 21. Section 21 (b) is hereby amended to read as follows:

Sec. 21. Filing of oppositions/objections. - Any iinterested party may file a verified objection/ opposition to the application at least seven (7) days before the date set for hearing.

If objections are filed, the Chairperson of the RERB shall immediately notify the concerned applicants of the objections by personal service or by registered mail, together with copies of the objections and the documents submitted in support thereof, if any In case of the RERB in the OFOV, the notice shall be sent to thei applicants' authorized representatives.
The applicants or through their authorized representatives shall, within five (5) days from receipt of the copy of the objection, file personally or by registered mail their Answers that clearly state their defenses. The Answers, if executed abroad, shall be duly sworn to before any consular officer authorized to administer oath or authenticated by the Post if notarized by a non-consular officer, at no cost to the applicant. If the Answers are executed in the Philippines, the same shall be sworn to before any officer authorized to administer oath. For this purpose, the date postmarked in the envelope containing the Answer shall be considered as the date of filing. Answers to objections filed during the last month of registration period should be received and heard by the RERB not later than the last day of hearing.

Sec. 22. Nature of the proceedings of the RERB. - The proceedings of the RERB shall be summary in nature. No motions shall be allowed except motions for reconsideration on the disapproval of the Applications for Registration/ Certification. Unnecessary delays in the proceedings shall not be countenanced. Arguments and manifestations, if any, by the parties or their lawyers/representatives must be filed in writing and be attached to the Minutes.

Sec. 23. Approval or disapproval of applications. - For Applications for Registration/Certification, the RERB shall, on the date set for hearing:

Determine whether the applicant possesses all the qualifications and none of the disqualifications for registration. If applicants meet all the qualifications and none of the disqualifications for registration and no objections have been filed, the RERB shall approve the application; otherwise, the same shall be disapproved. If objections have been filed, with or without the corresponding Answers, the same shall immediately be acted upon.
If applicants filed their applications for Registration and upon verification from the NLRV, they are registered voters in the Philippines, the applications shall be approved and shall be treated as applications for Certification.
If upon verification from the NLRV, the applicants are registered voters of another Post, the same shall be treated as applications for transfer to be forwarded to the OFOV.

Sec. 24. Notice of disapproval. - Within three (3) days from the disapproval of the applications, the RERB shall send notices of said disapproval to the applicants by mail or other modes of communication, stating the reason for such disapproval. In addition, the RERB shall, on the day following the action taken on the applications, post at the bulletin board of the Post/OFOV, and in the websites of the Posts/Commission, the list of the names of those whose applications have been disapproved.

Sec. 25. Approved applications. - Upon approval of the application by the RERB, the Chairperson shall immediately transmit to the OFOV the complete list of registered voters and the back-up CD containing the biometrics and demographic of the said registered voters.

In turn, the OFOV shall direct the ITD of the Commission to include in the NROV the names of the applicants with approved applications.

Sec. 26. Remedy for disapproved application for registration/certification. - For applications disapproved by the RERB, the applicants or their authorized representatives, within a period of five (5) days from receipt of the notice of disapproval of their application for registration/ certification, may file a motion for reconsideration before the RERB which shall decide the same within five (5) days after its filing on the basis of the documents submitted but not later than one hundred twenty (120) days before the start of the overseas voting period.

The name of the movant/ applicant shall be included in the NROV, if the motion for reconsideration is given due course by the RERB.

The resolution of the RERB shall be immediately executory, unless reversed or set aside by the Court.

Sec. 27. Minutes of RERB proceedings. - The RERB shall prepare the Minutes of the proceedings which shall include the following:

Number of applications submitted to the RERB for consideration;
List of applicants whose applications were approved/disapproved citing the reasons thereof and the application form numbers opposite their names;
Names of watchers, representatives or lawyers present;
Such other important events as they occur during the proceedings.

RULE 5
INCLUSION/EXCLUSION

Sec. 28. A new Section 28 par. 2 is hereby amended to read as follows:

Sec. 28. Petition for inclusion. - Within ten (10) days from receipt of the notice of denial of the motion for reconsideration, the aggrieved party or authorized representative may file a petition for inclusion with the proper Municipal/Metropolitan Trial Court (MTC/MeTC) in Manila or where the overseas voter resides in the Philippines, at the option of the Petitioner.

The petition shall be decided on the basis of the documents submitted within fifteen (15) days after its filing but not later than December 14, 2018. Should the court fail to render a decision within the prescribed period, the ruling of the RERB shall be considered affirmed.

The Commission may make the necessary representation before the Court Administrator for the designation of special courts that shall hear and decide exclusion and inclusion cases.

Sec. 29. A new Section 29 (b) is hereby insertedand (d) is deleted to read as follows:

Sec. 29. Petition for exclusion. - All Petitions for Exclusion shall be filed not later than October 15, 2018.

Any interested party may file a verified petition for the exclusion of a registered overseas voter from the NROV, as follows:

For applications approved by the RERB, with the Me TC-Manila or with the proper MTC/MeTC where the overseas voter sought to be excluded resides in the Philippines at the option of the Petitioner.
The petition shall be decided on the basis of the documents submitted within fifteen (15) days after its filing but not later than December 14, 2018. Should the Court fail to render a decision within the prescribed period, the ruling of the RERB shall be considered affirmed.
In case the Petition is granted, the RERB shall cancel the registration record of the overseas voter concerned.

Sec. 30. Inclusion in the National Registry of Overseas Voters. - All approved applications for registration/ certification shall be included in the NROV and in the ROV of the municipality/city/district where the registrant is domiciled.

The NROV shall be published at the websites of the Commission and DFA not later than January 13, 2019.

Sec. 31. Section 31 par. 3 is hereby amended to read as follows:

Sec. 31. Voters excluded from the National Registry of Overseas Voters through inadvertence. - Any registered overseas voter whose name has been inadvertently omitted in the NROV, may personally or through an authorized representative, file with the OFOV or with the Post having jurisdiction over the voter's residence, an application under oath for reinstatement by accomplishing OVF No. 1 D.

The Post shall, within two (2) days from receipt of the application, forward the same to the OFOV for action.

All applications for reinstatement of voters omitted from the NROV through inadvertence shall be filed not later than December 14, 2018.

Rule 6. A new Title of Rule 6 and Section 32 are hereby amended to read as follows:

RULE 6
CORRECTION OF ENTRY, CHANGE OF NAME AND CHANGE OF ADDRESS

Sec. 32. Applications for correction of entries and change of name. - Any registered overseas voter who intends to change his/her name by reason of marriage, death of husband, or final court judgment, or to correct a misspelled name or any erroneous entry in the NROV, CLOV and voter's identification card may, personally or through an authorized representative, file an application under oath using OVF No. 1E with the RERB through the OFOV or the post exercising jurisdiction over the voter's residence not later than September 30, 2018.

The RERB shall resolve the application on the immediately succeeding scheduled hearing, otherwise the application shall be deemed approved.

Within five (5) days from approval, all scanned copies of approved applications and the CD containing the biometrics of the applicants shall be transmitted to OFOV for updating of the database.

Sec. 33. Notice of change of address or withdrawal of application pending approval. - Applicants for registration/ certification during the continuing overseas voters registration whose applications have not yet been acted upon by the RERB may request for either a change of address to another Post by filing OVF No. 1 B or withdrawal of their applications by filing OVF No. 1 F.

The filing may be done either at the Post where the applications were originally filed or at the Post which has jurisdiction over the applicant's new address, on or before the end of registration period, attaching thereto a photocopy of their passports or any other legal documents properly identifying the applicant.

All notices for change of address or withdrawal of application pending approval shall be filed not later than the last day of filing of application for registration.

Sec. 34. Section 34 par. 3 of the same Resolution is deleted.

Sec. 34. Updating of address under the jurisdiction of the same post and country. - Registered overseas voters, who transfer residences from one place to another within the same Post and country, shall update, not later than the last day of registration, their addresses by accomplishing OVF No. 1H and file the same at the OFOV or Post which has jurisdiction over their new residences.

Within five (5) days from approval, the Post shall transmit to the OFOV all scanned copies of approved OVF No. 1 H for updating of the database.

RULE 7
TRANSFER OF REGISTRATION RECORDS

Sec. 35. Transfer of registration records. - Registered overseas voters may request for the transfer of their registration records in the following cases:

In case of transfer of residence under the jurisdiction of one Post to another residence under the jurisdiction of another Post; or
In case of transfer of residence in a particular foreign country to another residence in another country but within the jurisdiction of the same Post; or
In case of transfer of residence under the jurisdiction of one Post back to the Philippine municipality/city/district of the voters residence as indicated in OVF No. 1; or
In case of transfer of residence under the jurisdiction of one Post back to the Philippine municipality/city/district other than the voter's residence as indicated in OVF No. 1.

All applications for transfer of registration record must be filed by the overseas voter with the OFOV or through the Post, not later than September 15, 2018: Provided, That those who would eventually vote in the Philippines should register within the time frame provided for local registration in the municipality, city or district where they intend to vote: Provided, further, That those who have registered in the municipality, city or district where they resided prior to their departure abroad need not register anew: Provided, finally, That transferees shall notify the OFOV of their transfer back to the Philippines at least not later than September 15, 2018 prior to the next national elections for purposes of cancelling their names from the CLOV and of removing their overseas voter's registration from the book of voters.

Sec. 36. A new Section 36 par. 3 is hereby amended to read as follows:

Sec. 36. Application for transfer of registration records from one Post to another; from one country to another country belonging to the same Post. - Overseas voters who transfer their residences under the jurisdiction of one Post to another residence under the jurisdiction of another Post and/or from one country to another country belonging to the same Post, may apply for transfer using OVF No. 1 B either with the:

OFOV;
Local Field Registration Center; or
Posts having jurisdiction over their new residences.

The Post concerned shall prepare a list of applicants who filed their applications for transfer. The list, together with the scanned copies of OVF No. 1 B and OVF No. 1, and the finalized CDs shall be transmitted to the OFOV in the manner provided in these Rules.

Within five (5) days from receipt of OVF No. 1B, the OFOV shall update the voting records of the concerned registered overseas voters and notify the voters and Posts concerned of the actions taken.

All applications for transfer of registration records from one Post to another and/or from one country to another country belonging to the same Post shall be filed not later than September 15, 2018.

Sec. 37. A new Section 37 par. 2 is hereby amended to read as follows:

Sec. 37. Application for transfer of registration records from Post to the same Philippine municipality/city/district. - All overseas voters who want to transfer their registration records from one Post back to the Philippine municipality/city/district may apply, with the OFOV, Local Field Registration Center or through the Posts, for transfer of registration from the overseas registry to the local registry using OVF No. 1 B.

The Post concerned shall prepare a list of applicants who filed their applications for transfer. The list, together with the scanned copies of OVF No. 1 B, and the finalized CDs shall be transmitted to the OFOV in the manner provided in these Rules.

The OFOV shall verify if the applicant is included in the NROV. If the applicant is included, the OFOV shall approve the application and issue a certification attesting that the applicant is included in the NROV. The OFOV shall remove the name of the applicant from the NROV and direct the RERB of the Post concerned to also remove the name of the applicant in the Post's database.

If the name of the applicant does not appear in the NROV, the OFOV shall disapprove the application for transfer.

Thereafter, the applicant shall forthwith file an application with the concerned EO within the registration period for removal of annotation or transfer.

Upon receipt of the approval and certification, the applicant shall proceed to the Office of the Election Officer of his/her residence, present the approval and certification as well as the copy of his/her previously approved OVF No. 1 to the EO.

If the applicant's name is included in the CVL of his/her municipality/city/district, the EO concerned shall remove the annotation, if any.

If the applicant is not included in the CVL, but in the ROV of the EO's municipality/city/district, the EO shall advise the applicant to apply for local registration.

Sec.38. A new Section 38 is hereby amended to read as follows:

Sec. 38. Application for transfer of registration records from Post to the Philippine municipality/city/district other than their voter's residence as indicated in OVF No. 1. - Any overseas voters who transfers their residence from one Post back to the: Philippine municipality/city/ district other than their voter's residence as indicated in OVF No. 1, may apply with the Posts, OFOV or Local Field Registration Center for transfer of registration from the overseas registry to the local registry using OVF No. 1B.

The approval and certification shall be reproduced in two (2) more copies. One of the copies of the approval and certification shall be given to the applicant. The other copy of the certification and approval shall be forwarded to the Election Officer of the applicant's residence and the copy of the approval and certification shall be retained by the OFOV for its file.

Upon receipt of the approval and certification, the applicants shall proceed to the Office of the Election Officer of their new residence, present the approval and certification and apply for registration if registered locally. The EO shall act on the applications in accordance with the rules on registration or transfer of registration of local voters.

The EO shall notify the OFOV of the ERB's action on the application of the overseas voters and request the EO of the overseas voters' old residences to delete their names from the ROV and CVL.

The application for transfer shall be filed not later than September 15, 2018.

RULE 8
REACTIVATION

Sec. 39. Procedures for Reactivation of Registration Records. - Any Registered overseas voter whose registration record had been deactivated, not later than September 30, 2018, may file with the OFOV, the Post concerned or the Local Field Registration Center, a sworn application for reactivation of registration record (OVF No. 1G) stating that the grounds for the deactivation no longer exist. Except when the reason for deactivation is failure to vote in two (2) successive national elections or when the registration record was ordered excluded by the court, the application for reactivation shall be supported by the following documents:

REASON FOR DEACTIVATION	SUPPORTING DOCUMENTS/REQUIRED FOR REACTIVATION
a. Sentenced by final judgment to suffer imprisonment of not less than one (1) year	Copy of plenary pardon, amnesty, or Certification from the Clerk of Court of the appropriate court that five (5) years have already lapsed from service of sentence
b. Declared insane or imcompetent by competent authority in the Philippines	Declaration of a proper authority that the person is no longer insane of incompetent

The OFOV, the Post, or the Local Field Registration Center shall prepare a list of names of applicants who filed their applications for reactivation and submit said lists and applications to the RERB for appropriate action.

Within five (5) days from receipt of OVF No. 1 G, the RERB shall act on the application for reactivation.

In case the application is approved, the RERB shall retrieve the registration record from the inactive file and include the same in the active book of voters. The political parties shall be notified on approved applications.

RULE 9
NROV, CLOV AND ROV

Sec. 40. Preparation, printing and posting of the NROV. - The Commission, through the OFOV, shall prepare and maintain a NROV containing the names of registered overseas voters and the posts where they are registered.

Sec. 41. Preparation of the Municipality/City/District Registry of Voters. - The OFOV shall, not later than January 13, 2019:

Prepare and maintain a ROV per municipality, city or district.
Provide the Election Officer of each municipality, city or district copies of their respective ROVs for their reference.

Sec. 42. Preparation and posting of the CLOV. - The CLOV shall be prepared by the OFOV on a country-to-country basis, and shall be approved by the Commission En banc before every elections but not later than January 13, 2019 and furnish within the same period electronic copies thereof to the appropriate posts.

Within five (5) days from receipt of the electronic copies of the CLOV, the Post shall print the hard copies of the CLOV and post the same in their bulletin boards and/or websites within ten (10) days from receipt thereof.

Sec. 43. Issuance of soft copies of CLOV; Guideilines. - The candidates, political parties, accredited citizens' arms, and all other interested persons shall be furnished soft copies of the CLOV under the following requirements:

Only requests related to election and registration shall be entertained.
All requests must be made in writing and shall be addressed to the OFOV or Post which shall approve/ disapprove all requests. The letter request shall indicate the concerned Posts or countries whose CLOVs are being requested and the reason for such request.
Only soft copies of the hashed print files of the Post or country CLOV shall be generated for the requesting parties. These shall contain the names of the registered voter and their birthdates only.
No database file shall be issued to any requesting party.
The requesting party shall agree in writing to use the generated hashed CLOV print files only for its intended purpose, as indicated in its letter-request and not to give away, reproduce or sell said list for commercial and unlawful purpose.
The requesting party shall also agree in wriiting not to publish any regenerated data from the generated hashed CLOV print files in any internet-related medium for public consumption.
A processing fee of Php 150.00 or its equivalent in foreign currency per CLOV plus a Certification fee of Seventy-five pesos (P75.00) or its equivalent in foreign currency per request shall be charged to the requesting party.
The requesting party shall pay the estimated fees at the Cash Division, ASD, COMELEC if request is filed before the OFOV, or pay with the corresponding office of the Post.
A photocopy of the Official Receipt (OR) shall be attached to the request and be forwarded to the ITD or to the Post.
The ITD or Post shall then generate the hashed CLOV print file.

Non-governmental organizations and other civill society organizations accredited by and working with the Commission as partners on overseas voters' education and participation shall be exempt from the payment of fees.

Sec. 44. List of Overseas Voters with Voting Records (OVF No. 2-A). - The OFOV shall prepare the OVF No. 2-A containing the names of Overseas Voters, with appropriate spaces for ballot serial number, thumb mark, signature of the voter and such data as may be required.

Sec. 45. Removal or deletion or cancellation of' entries in the NROV. - The names of the following registered overseas voters shall be removed/deleted/cancelled in the NROV:

Those who filed a letter under oath addressed to the OFOV requesting that their names be removed from the NROV or transferred to the regular registry of voters;
Those who have been proven to have lost their Filipino citizenship;
Those who died.

Sec. 46. Cancellation of registration records; Procedures. - The OFOV shall:

Prepare the lists of the following:.
1. Those who died as certified by the Post and the Local Civil Registrar; or
2. Those who have been proven to have lost their Filipino citizenship.
Submit to the RERBs the lists mentioned in the preceding paragraph for approval/disapproval;
Upon receipt of the Order of the RERBs, for the cancellation of registration records, the OFOV shall prepare the corresponding lists indicating the reason/s therefor, and the period within which to contest the cancellation.

The OFOV shall submit to the ITD the list of registered voters whose registration records are ordered cancelled by the RERB. Thereafter, ITD shall cancel the names in the said list from the database of registered voters.

The OFOV shall post the lists of those whose registration records have been ordered cancelled, at the Office of the OFOV and in the websites of the Commission and the DFA. Such posting shall be considered as substantial compliance on the notification requirement.

Sec. 47. Consular and diplomatic services in connection with the overseas voting processes. - The following consular and diplomatic services rendered pursuant to the Overseas Voting Act of 2003 as amended shall be provided by the embassies, consulates and other foreign establishments at no cost to the overseas voter specifically:

the authentication of the photocopies of the valid passport;
the issuance of certifications by the DFA if the applicant has no valid passport, or if the valid passport is lost or is otherwise not available;
notarization of affidavit of loss or unavailability of a valid passport;
notarization of the accomplished application for registration form; and
notarization of verified answer relating to objections, exclusions and inclusions from the voter's registry.

All other diplomatic and consular services such as the issuance of a new passport and those for which fees may be charged as authorized by the Overseas Voting Act of 2003 as amended and these Rules shall be subject to the regular charges imposed by embassies, consulates and other foreign service establishments.

Sec. 48. Separability clause. - If, for any reason, any section or provision of these Rules and Regulations or any part, or the application of any section, provision or portion is declared invalid or unconstitutional, the remainder hereof shall not be affected by such declaration.

Sec. 49. Continuity clause. - Except for the dates provided herein which should be amended to conform with the scheduled elections, the pertinent provisions of these Rules and Regulations, unless otherwise amended, shall be in full force and effect in the 2019 National Elections and all elections subsequent thereafter.

Sec. 50. 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. 51. Effectivity. - This Resolution shall take effect immediately after publication in two (2) newspapers of general circulation in the Philippines.

Let the Office for Overseas Voting implement this Resolution.

SO ORDERED.

SIGNED:

LIM, CHRISTIAN ROBERT S., Acting Chairman
PARREÑO, AL A., Commissioner
LIM, ARTHUR D., Commissioner
ABAS, SHERIFF M., Commissioner

ON OFFICIAL BUSINESS:

GUIA, LUIE TITO F., Commissioner
GUANZON, MA. ROWENA AMELIA V., Commissioner

Attachment(s)

Signed Copy [.pdf 1,074 KB]

Resolution No. 10217

IN THE MATTER OF AMENDING CERTAIN PROVISIONS OF RESOLUTION NO. 10167 DATED OCTOBER 28, 2016, OTHERWISE KNOWN AS THE RULES AND REGULATIONS ON THE CONDUCT OF THE CONTINUING REGISTRATION FOR OVERSEAS VOTING, FOR PURPOSES OF THE MAY 13, 2019 NATIONAL ELECTIONS.

Attachment(s)