PART II
REGISTRATION

RULE 5

REGISTRATION REQUIREMENTS AND PROCEDURES

ART. 18. 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.

ART. 19. 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.

ART. 20. Where to file application for registration/certification. - OVF No. 1 may be filed at any Post abroad or at designated registration centers outside the post or in the Philippines as approved by the Commission.

ART. 21. 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 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.

ART. 22. 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 getting it from the Post or by downloading it from the websites of COMELEC, DFA or any Post;
2. Accomplish the form and 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;
3. 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 applicants' names are included in the NLRV as registered voter with biometrics, in the Post, they need not register anew.
  2. If applicants' names are not included in the NLRV, tick off in OVF No. 1 the portion "for Registration".
  3. If applicants' names are included in the NLRV as registered voter in the Philippines, tick off in OVF No. 1 the portion "for Certification".
  4. If applicants' names are included in the NLRV as registered voter without biometrics, in the Post, write on the appropriate space of OVF No. 1, the Application Numbers previously assigned to them as appearing in the NLRV. In this case, the form shall be stamped "for data capturing only".
  5. If applicants' names are included in the NLRV as voters with biometrics, in another Post, advise the applicants not to register anew. However, if the applicants intend to transfer their registration records to another Post, issue OVF No. 2 Letter-Request of Transfer.
  6. If applicants' names are included in the NLRV as voters without biometrics, in another Post, advise the applicants to accomplish OVF No. 1B then issue OVF No. 1 to applicants and write on the appropriate space the Application Number previously assigned to them as appearing in the NROV. 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.
The VRM Operator shall:
1. Attach the Application Form Number sticker, consisting of sixteen (16) digits, 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 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. 1C- Certification on VRM Malfunction that on the day of the filing of said application, the VRM was defective or not available. The OVF No. 1C 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 available. 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 for submission to the representative of the Commission. The latter shall administer the Oath found in OVF No. 1 if properly initialed by the VRM operator and sign the space provided in OVF No. 1. The absence of the initials of the VRM operator shall be construed as applicant's failure to submit to live capture of his biometrics. In such case, he shall be directed to return to the VRM Operator for biometrics capture.
7. At the end of each day:
  1. Save to CD all records captured.
  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.
8. At the end of the 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 month, including the list of applicants for approval/disapproval.
9. 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 the month; and
  6. Submit the back-up CD, list of all approved applications and accomplished OVF No. 1 to the OFOV through DFA-OVS, within five (5) days after the hearing.
    
    All disapproved applications shall remain in the custody of the Post.
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 ID, NROV and CLOV.

RULE 6

FIELD AND MOBILE REGISTRATION

ART. 23. Overseas Field or Mobile Registration. - The Post may conduct field or mobile registration 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;
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 registration 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 which will conduct field or mobile registration services shall use VRMs from their current inventory of VRMs.

ART. 24. Local Field Registration. - All local field registration shall 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 7

RESIDENT ELECTION REGISTRATION BOARD (RERB)

ART.25. Composition of Resident Election Registration Boards (RERB). -

The RERB in each Posts shall be composed to 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.
The RERB in the OFOV shall be composed of:
1. A senior official of the Commission as Chairperson;
2. The officer from the Department of Foreign Affairs (DFA) as member; and
3. 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.

ART. 26. Qualifications of members of RERB. -

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

ART. 27. Disqualification of members of RERB. - No member of the RERB shall be related to each other or to the incumbent President, Vice-President, Senators or Party-list Representatives in the House of Representatives, within the fourth civil degree of consanguinity or affinity.

ART. 28. Appointment of members of RERB. - The Commission, through the OFOV, shall appoint the members of the RERB upon the recommendation of the DFA-OVS.

ART. 29. Honoraria. - Each member of the RERB shall be entitled to an honorarium at the rate approved by the Department of Budget and Management (DBM).

ART. 30. 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 during 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 their own website and website of the Commission.
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.
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, with the approval of the Commission, may constitute as many additional RERBs as may be necessary to ensure that all applications are acted upon within the period prescribed herein.
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.

ART. 31. Notice of hearing 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.

ART. 32. Filing of oppositions/objections. - Any interested 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 the applicants' authorized representatives.
The applicants 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 by the RERB not later than the last day of hearing.

ART. 33. 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 approval/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.

ART. 34. 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.

ART. 35. 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.

ART. 36. 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.

ART. 37. 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.

ART. 38. 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 8

INCLUSION/EXCLUSION

ART. 39. 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 within fifteen (15) days after its filing on the basis of the documents submitted. Should the court fail to render a decision within the prescribed period, the ruling of the RERB shall be considered affirmed with finality.

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.

ART. 40. Petition for exclusion. - All Petitions for Exclusion shall be filed not later than one hundred eighty (180) calendar days before the start of the voting period.

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 local ERB in connection with the May 10, 2004 National Elections, with the proper Municipal or Metropolitan Trial Court (MTC/MeTC);
For applications approved by the RERB, with the MeTC-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 court shall decide the Petition within fifteen (15) days from its filing but not later than one hundred twenty (120) days before the start of the voting period.
In case the Petition is granted, the RERB shall cancel the registration record of the overseas voter concerned.
Should the court fail to render a decision within the prescribed period, the ruling of the RERB shall be considered affirmed with finality.

ART. 41. 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 ninety (90) calendar days before the start of the voting period.

ART. 42. 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. 1D.

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 excluded in the NROV through inadvertence shall be filed not later than sixty (60) days before the start of the voting period.

RULE 9

CORRECTION OF ENTRIES AND CHANGE OF ADDRESSES

ART. 43. Applications for correction of entries and change of name. - If the application is for the correction of entries, misspelled name, change of name by reason of marriage or death of husband, or by virtue of a court order, and change of any other entries in the NROV, CLOV and the voters IDs, the registered overseas voter shall accomplish OVF No. 1E and the RERB through the OFOV or the post exercising jurisdiction over the voter's residence not later than ninety (90) days before the start of the voting period.

If change of name by reason of marriage or death of husband, or by virtue of a court order, and change of any other entries in the NROV, CLOV and the voters IDs entails change of biometrics, the applicant must file his application personally. The applicants shall accomplish OVF No. 1H. Thereafter, they shall be issued OVF No. 1 where they would write on the appropriate space the Application Number previously assigned to them as appearing in the NROV. For this purpose, the form shall be stamped "for data capturing only".

The RERB shall resolve the application within one (1) month from receipt thereof, otherwise the application shall be deemed approved.

Within five (5) days from approval, all scanned copies of approved OVF No. 1H and OVF No.1 and the CD containing the biometrics of the applicants shall be transmitted to OFOV for updating of the database.

ART. 44. 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. 1B or withdrawal of their applications by filing OVF No. 1F.

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.

ART. 45. 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, not later than the last day of registration, shall update their addresses by accomplishing OVF No. 1H and filing 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. 1H for updating of the database.

The Posts or the OFOV shall attach the OVF No. 1H to the OVF No. 1 of said voters.

RULE 10

TRANSFER OF REGISTRATION RECORDS

ART. 46. 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, at least one hundred eighty (180) days prior to the start of the overseas voting period: 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 one hundred eighty (180) days 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.

ART. 47. 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. 1B 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. 1B 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. 1H, 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 the last day of registration.

ART. 48. 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. 1B.

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 residence, present the approval and certification as well as the copy of his previously approved OVF No. 1 to the EO.

If the applicant's name is included in the CVL of his 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.

ART. 49. Application for transfer of registration records from Post to the Philippine municipality/city/district other than the voters 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. 1.

The approval and certification shall be reproduced in two (2) more copies. One copy 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 remaining copy of the approval and certification shall be retained by the OFOV for its file. The copies intended for the Election Officer and the applicant shall be accompanied by a copy of the applicant's previously approved OVF No. 1.

Upon receipt of the approval and certification as well as the copy of previously approved OVF No. 1, the applicants shall proceed to the Office of the Election Officer of their new residence, present the approval and certification as well as the copy of their previously approved OVF No. 1, and apply for registration if they are not yet registered locally, or apply for transfer of registration if they are 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 voter and request the EO of the overseas voter's old residence to delete his name from the ROV and CVL.

The application for transfer shall be filed not later than one hundred eighty (180) days before the day of the elections.

RULE 11

DEACTIVATION OF REGISTRATION RECORDS; REMOVAL/DELETION OF NAMES OF OVERSEAS VOTERS IN THE NROAV

ART. 50. Deactivation of registration records.- The registration records of the following registered overseas voters shall be deactivated:

Any person who has been sentenced by final judgment by a Philippine court or tribunal to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon the expiration of five (5) years after service of sentence, as certified by the Clerks of Courts of the Municipal, Municipal Circuit, Metropolitan, Regional Trial Courts or the Sandiganbayan;
Any person declared by competent authority to be insane or incompetent, unless such disqualification has been subsequently removed by a declaration of a proper authority that such person is no longer insane or incompetent;
Any person who did not vote in two (2) consecutive national elections as shown by voting records; and
Any person whose registration has been ordered excluded by the courts.

In connection with the above, the:

SBRCG shall, within sixty (60) days after election day, transmit to the OFOV copies of OVF No. 2-A. The OFOV shall update the voting records of all registered overseas voters to determine those who failed to vote in two (2) successive elections;
DFA shall, on a monthly basis, submit to the Commission through the OFOV, a list of those who have been declared insane or incompetent by competent authority abroad;
The Clerks of Court of the Sandiganbayan, Regional Trial Courts, Metropolitan Trial Courts, Metropolitan Circuit Trial Courts; Municipal Circuit Trial Courts shall, on a monthly basis, provide the Commission through the OFOV, a list of those:
1. sentenced by final judgment to suffer imprisonment of not less than one (1) year;
2. declared insane or incompetent by competent authority here in the Philippines; and
3. ordered excluded from the list of overseas voters.

Thereafter, the OFOV shall prepare the list of overseas voters are due for deactivation.

ART. 51. Procedures for deactivation. - The OFOV shall provide the RERBs with the lists of voters whose registration records are due for deactivation

The RERBs shall, on the dates scheduled for the approval/disapproval of applications for registration/certification, consider the lists and after due deliberation, issue an Order of Deactivation which shall contain the names of those whose registration records have been deactivated.

The RERB shall remove the deactivated registration records from the corresponding book of voters and place the same, properly marked and dated, in an inactive file.

Within five (5) days from issuance of the Order of Deactivation, the RERB shall submit the lists to the OFOV which shall in turn direct the ITD to mark the fact of deactivation on the names of the registered overseas voters in the NROV and ROV.

The RERBs shall post the lists of those whose registration records have been deactivated, at the bulletin board and website of the Post and in the websites of the Commission and the DFA.

The RERBs shall notify the overseas voters, through their e-mail accounts, or through the social media networks, or through the websites of the Posts, DFA and the Commission, that their registration records have been deactivated, the reasons for deactivation and the period within which to contest the deactivation.

RULE 12

REACTIVATION

ART. 52. Procedures for Reactivation of Registration Records. - Any registered overseas voter whose registration record had been deactivated, not later than one hundred twenty (120) days before the start of the voting period, 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 incompetent 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. 1G, 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 13

NROV, CLOV AND ROV

ART. 53. 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.

ART. 54. Preparation of the Municipal/ City/ District Registry of Voters. - The OFOV shall, not later than ninety (90) days before the start of the voting period:

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.

ART. 55. 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 ninety (90) days before the start of the voting period 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.

ART. 56. Issuance of soft copies of CLOV; Guidelines. - 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.
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 writing 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 1.00 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 civil 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.

ART. 57. List of Overseas Voters with Voting Records (OVF No. 2-A). - The OFOV shall prepare a List of Overseas Voters with Voting Records, 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.

ART. 58. 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.

ART. 59. 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.

ART. 60. 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 2003as amendedshall 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.

RULE 14

PRINTING, TRANSMITTAL AND DISPOSITION OF BALLOTS, VOTING INSTRUCTIONS, ELECTION FORMS AND PARAPHERNALIA

ART. 61. Printing of ballots and other election forms. - The Commission shall cause the printing of the ballots for overseas voters and all other accountable and non-accountable forms in such number as maybe necessary, but in no case shall these exceed the total number of approved applications. Security markings shall be used in the printing of ballots.

ART. 62. Transmittal of ballots and other election forms. - The Commission, through the OFOV shall present to the authorized representatives of the DFA and the accredited major political parties the ballots for overseas voters (if applicable), voting instructions, election forms and other election paraphernalia for scrutiny and inspection prior to their transmittal to the embassies, consulates and other foreign service establishments concerned.

The Commission, through the OFOV, shall, not later than forty-five (45) days before the day of the elections, transmit by special pouch, through the DFA, to the embassies, consulates and other foreign service establishments, all election documents, forms and paraphernalia to ensure the secrecy and integrity of the elections.

The accredited major political parties, citizens' arms and accredited Overseas Filipino Workers (OFW) organizations shall be entitled to one representative/watcher at any given time in all phases of printing, transmittal, and casting of election documents, forms and paraphernalia abroad.

RULE 15

CAMPAIGNING ABROAD

ART. 63. Regulation on 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 and subject to the limitations imposed by laws of the host country, if applicable.

Personal campaigning of candidates shall be subject to the laws of the host country.

All forms of campaigning within the thirty (30) day voting period shall be prohibited.

ART. 64. Specific rules on campaigning. - The following rules shall apply during the campaign period, including the day of the election:

The "port courtesies" that embassies, consulates and other foreign service establishments may extend to candidates shall not go beyond welcoming them at the airport and providing them with briefing materials about the host country, and shall at all times be subject to the availability of the personnel and funding for these activities.
The embassies, consulates and other foreign service establishments shall continue to assist candidates engaged in official Philippine government activities at the host country and in making the representations with the host government.
Members of the Foreign Service Corps may attend public social/civil/ religious affairs where candidates may also be present, provided that these officers and employees do not take part in the solicitation of votes and do not express public support for candidates.
While nothing in the Overseas Voting Act of 2003 as amended shall be deemed to prohibit free discussion regarding politics or candidates for public office, members of the Foreign Service Corps cannot publicly endorse any candidate or political party nor take part in activities involving such public endorsement.
No partisan political activity shall be allowed within the premises of the embassy, consulate and other foreign service establishment.
Government-sponsored or permitted information dissemination activities shall be strictly non-partisan and cannot be conducted where a candidate is present.
A member of the Foreign Service Corps cannot be asked to directly organize any meeting in behalf of a party or candidate, or assist in organizing or act as liaison in organizing any such meeting. The prohibition shall apply to all meetings-social, civic, religious meetings - where a candidate will be present.

Resolution No. 9843 - Part II: Registration

PART II REGISTRATION

PART II
REGISTRATION