ARTICLE V

SUFFRAGE

Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law,
who are at least eighteen years of age, and who shall have resided in the Philippines for at least one
year, and in the place wherein they propose to vote, for at least six months immediately preceding the
election. No literacy, property, or other substantive requirement shall be imposed on the exercise of
suffrage.

Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well
as a system for absentee voting by qualified Filipinos abroad.

The Congress shall also design a procedure for the disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules
as the Commission on Elections may promulgate to protect the secrecy of the ballot.

Republic Act No. 9189

AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS OF THE
PHILIPPINES ABROAD, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. This Act shall be known as “The Overseas Absentee Voting Act of 2003.”

a. “Absentee Voting” refers to the process by which qualified citizens of the Philippines abroad exercise
their right to vote;

c. “Certified List of Overseas Absentee Voters” refers to the list of registered overseas absentee voters
whose applications to vote in absentia have been approved by the Commission, said list to be prepared
by the Committee on Absentee Voting of the Commission, on a country-by-country basis. This list shall
be approved by the Commission in an en banc resolution;

e. “National Registry of Absentee Voters” refers to the consolidated list prepared, approved and
maintained by the Commission, of overseas absentee voters whose applications for registration as
absentee voters, including those registered voters who have applied to be certified as absentee voters,
have been approved by the Election Registered Board;

f. “Overseas Absentee Voter” refers to a citizen of the Philippines who is qualified to register and vote
under this Act, not otherwise disqualified by law, who is abroad on the day of elections.

Sec. 4. Coverage. All citizens of the Philippines abroad, who are not otherwise disqualified by law, at
least eighteen (18) years of age on the day of elections, may vote for president, vice-president,
senators and party-list representatives.

Sec. 5. Disqualifications. The following shall be disqualified from voting under this Act:

1. Those who have lost their Filipino citizenship in accordance with Philippine laws;
2. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to
a foreign country;

3. 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, including those who have committed and
been found guilty of Disloyalty as defined under Article 137 of the Revised Penal Code, such disability
not having been removed by plenary pardon or amnesty; Provided, however, That any person
disqualified to vote under this subsection shall automatically acquire the right to vote upon expiration of
five (5) years after service of sentence; Provided, further, That the Commission may take cognizance of
final judgments issued by foreign courts or tribunals only on the basis of reciprocity and subject to the
formalities and processes prescribed by the Rules of Court on execution of judgments;

4. An immigrant or a permanent resident who is recognized as such in the host country, unless he/she
executes, upon registration, an affidavit prepared for the purpose by the Commission declaring that
he/she shall resume actual physical permanent residence in the Philippines not later than three (3) years
from approval of his/her registration under this Act. Such affidavit shall also state that he/she has not
applied for citizenship in another country. Failure to return shall be the cause for the removal of the
name of the immigrant or permanent resident from the National Registry of Absentee Voters and
his/her permanent disqualification to vote in absentia.

5. 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. 6. Personal Overseas Absentee Registration. Registration as an overseas absentee voter shall be
done in person. Qualified citizens of the Philippines abroad who failed to register under Republic Act
No. 8189, otherwise known as the “The Voters Registration Act of 1996”, may personally apply for
registration with the Election Registration Board of the city or municipality where they were
domiciled immediately prior to their departure from the Philippines, or with the representative of the
Commission at the Philippine embassies, consulates and other foreign service establishments that
have jurisdiction over the locality where they temporarily reside. Subject to the specific guidelines
herein provided, the Commission is hereby authorized to prescribe additional procedures for overseas
absentee registration pursuant to the provisions of Republic Act No. 8189, whenever applicable, taking
into strict consideration the time zones and the various periods and processes herein provided for the
proper implementation of this Act. The embassies, consulates and other foreign service establishments
shall transmit within (5) days from receipt the accomplished registration forms to the Commission, after
which the Commission shall coordinate with the Election Officer of the city or municipality of the
applicants stated residence for verification, hearing and annotation in the permanent list of voters.

All applications for the May, 2004 elections shall be filed with the Commission not later than two
hundred eighty (280) calendar days before the day of elections. For succeeding elections, the
Commission shall provide for the period within which applications to register must be filed.
In the case of seafarers, the Commission shall provide a special mechanism for the time and manner
of personal registration taking into consideration the nature of their work.

6.1. Upon receipt of the application for registration, the Election Officer shall immediately set the
application for hearing, the notice of which shall be posted in a conspicuous place in the premises of the
city or municipal building of the applicants stated residence for at least one (1) week before the date of
the hearing. The Election Officer shall immediately furnish a copy of the application to the designated
representatives of political parties and other accredited groups.

6.2. If no verified objection to the application is filed, the Election Officer shall immediately forward the
application to the Election Registration Board, which shall decide on the application within one (1) week
from the date of hearing without waiting for the quarterly meeting of the Board. The applicant shall be
notified of the approval or disapproval of his/her application by registered mail.

6.3. In the event that an objection to the application is filed prior to or on the date of hearing, the
Election Officer shall notify the applicant of said objection by registered mail, enclosing therein copies of
affidavits or documents submitted in support of the objection filed with the said Election Officer, if any.
The applicant shall have the right to file his counter-affidavit by registered mail, clearly stating therein
facts and defenses sworn before any officer in the host country authorized to administer oaths.

6.4. The application shall be approved or disapproved based on the merits of the objection, counter-
affidavit and documents submitted by the party objecting and those of the applicant.

6.5 A Certificate of Registration as an overseas absentee voter shall be issued by the Commission to all
applicants whose applications have been approved, including those certified as registered voters. The
Commission shall include the approved applications in the National Registry of Absentee Voters.

6.6. If the application has been approved, any interested party may file a petition for exclusion not later
than two hundred ten (210) days before the day of elections with the proper municipal or metropolitan
trial court. The petition shall be decided within fifteen (15) days after its filing on the basis of the
documents submitted in connection therewith. Should the court fail to render a decision within the
prescribed period, the ruling of the Election Registration Board shall be considered affirmed.

6.7. If the application has been disapproved, the applicant or his authorized representative shall, within
a period of five (5) days from receipt of the notice of disapproval, have the right to file a petition for
inclusion with the proper municipal or metropolitan trial court. The petition shall be decided within five
(5) days after its filing on the basis of documents submitted in connection therewith.

Qualified citizens of the Philippines abroad, who have previously registered as voters pursuant to
Republic Act No. 8189 shall apply for certification as absentee voters and for inclusion in the National
Registry of Overseas Absentee Voters, with a corresponding annotation in the Certified Voters List.

Sec. 8. Requirements for Registration. Every Filipino registrant shall be required to furnish the following
documents:
a. A valid Philippine passport. In the absence of a valid passport, a certification of the Department of
Foreign Affairs 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;

b. Accomplished registration form prescribed by the Commission containing the following mandatory
information:

i. Last known residence of the applicant in the Philippines before leaving for abroad;

ii. Address of applicant abroad, or forwarding address in the case of seafarers;

iii. Where voting by mail is allowed, the applicants mailing address outside the Philippines where the
ballot for absentee voters will be sent, in proper cases; and;

iv. Name and address of applicants authorized representative in the Philippines for purposes of Sec. 6.7
and Sec. 12 hereof.

Sec. 9. National Registry of Overseas Absentee Voters. The Commission shall maintain a National
Registry of Overseas Absentee Voters. Approved applications of overseas absentee registrants shall also
be included in the permanent list of voters of the city or municipality where the registrant is domiciled,
with the corresponding annotation that such person has been registered or will be voting as an overseas
absentee voter. The registry shall also include those registered under Republic Act No. 8189 and who
have been issued certifications as overseas absentee voters. The entries in the National Registry of
Overseas Absentee Voters and the annotations as overseas absentee voters in the Certified Voters List
shall be permanent, and cannot be cancelled or amended except in any of the following cases:

9.1. When the overseas absentee voter files a letter under oath addressed to the Commission that
he/she wishes to be removed from the Registry of Overseas Absentee Voters, or that his/her name be
transferred to the regular registry of voters; or,

9.2. When an overseas absentee voters name was ordered removed by the Commission from the
Registry of Overseas Absentee Voters for his/her failure to exercise his/her right to vote under this Act
for two (2) consecutive national elections.

Sec. 10. Notice of Registration and Election. The Commission shall, through the embassies, consulates
and other foreign service establishments, cause the publication in a newspaper of general circulation of
the place, date and time of the holding of a regular or special national election and the requirements for
the participation of qualified citizens of the Philippines abroad, at least six (6) months before the date
set for the filing of applications for registration.The Commission shall determine the countries where
publication shall be made, and the frequency thereof, taking into consideration the number of overseas
Filipinos present in such countries. Likewise, the Commission and the Department of Foreign Affairs shall
post the same in their respective websites.
According to the Initiative and Referendum Act, a referendum is "the power of the electorate to
approve or reject a legislation through an election called for the purpose." A plebiscite, on the
other hand, is "the electoral process by which an initiative on the Constitution is approved or
rejected by the people."
The constitution also mandates a referendum for these instances: Adoption of a new name for
the country, or a new national anthem or a new seal. Allowing foreign military troops in the
Philippines if Congress requires.

A plebiscite is an election duly called for the people directly affected to either approve or reject
a law or part thereof enacted by the Congress or approve or reject the resolutions or ordinance
enacted by the local legislative unit.
The constitution requires a plebiscite for these:[2]

Creation, division, merger, abolishment or major boundary changes of a province, city, municipality or
barangay (village).

Creation of special metropolitan political subdivisions

Creation of autonomous regions

Approval of an amendment or revision to the constitution

The Initiative and Referendum Act allows for referendums on these cases:[1]

A petition of at least 10% of registered voters, with 3% within every legislative district for local initiatives

If there is only one legislative district in a province, city or municipality, it has to be 3% within each
municipality in a province, or each barangay in a city

For barangay initiatives, it has to be at least 10% of registered voters

A local legislative body can also submit to the electorate approval of any ordinance or resolution

The Initiative and Referendum Act allows for plebiscites on these cases:[1]

A petition of at least 12% of registered voters, with 3% within every legislative district, for amending the
constitution
PATYLIST

Party-list representation in the House of Representatives of the Philippines refers to a system in which
20% of the House of Representatives is elected. While the House is predominantly elected by a plurality
voting system, known as a first-past-the-post system, party-list representatives are elected by a type of
party-list proportional representation. The 1987 Constitution of the Philippines created the party-list
system. Originally, the party-list was open to underrepresented community sectors or groups, including
labor, peasant, urban poor, indigenous cultural, women, youth, and other such sectors as may be
defined by law (except the religious sector). However, a 2013 Supreme Court decision clarified that the
party-list is a system of proportional representation open to various kinds of groups and parties, and not
an exercise exclusive to marginalized sectors. National parties or organizations and regional parties or
organizations do not need to organize along sectoral lines and do not need to represent any
marginalized and underrepresented sector.[1]

Party-list representatives are indirectly elected via a party-list election wherein the voter votes for the
party and not for the party's nominees (closed list); the votes are then arranged in descending order,
with the parties that won at least 2% of the national vote given one seat, with additional seats
determined by a formula dependent on the number of votes garnered by the party. No party wins more
than three seats. If the number of sectoral representatives does not reach 20% of the total number of
representatives in the House, parties that haven't won seats but garnered enough votes to place them
among the top sectoral parties are given a seat each until the 57 seats[needs update] are filled.

Party-list representation makes use of the tendency for proportional representation systems to favor
single-issue parties, and applies that tendency to allow underrepresented sectors to represent
themselves in the law-making process.

On March 3, 1995, Republic Act No. 7941 or the Party-List System Act was signed into law by President
Fidel V. Ramos. It mandated that "the state shall promote proportional representation in the election of
representatives to the House of Representatives through a party-list system"

19th CONGRESS

1-PACMAN1-PATRIOTIC COALITION OF MARGINALIZED NATIONALS, INC.

Romero, Michael L. Ph.D.

1-RIDER PARTYLISTANG BUKLOD NG MGA MOTORISTA NG PILIPINAS

Bosita, Bonifacio L.

Gutierrez, Ramon Rodrigo L.

4PSPAGTIBAYIN AT PALAGUIN ANG PANGKABUHAYANG PILIPINO

Abalos, JC

Libanan, Marcelino C.

AAMBIS-OWAANG ASOSASYON SANG MANGUNGUMA NGA BISAYA - OWA MANGUNGUMA, INC.

Colada, Lex Anthony Cris A.

Paduano, Joseph Stephen "Caraps" S.

ABONOABONO PARTYLIST

Estrella, Robert Raymund M.

ACT TEACHERSACT TEACHERS PARTY-LIST

Castro, France L.

ACT-CISANTI-CRIME AND TERRORISM COMMUNITY INVOLVEMENT AND SUPPORT, INC.

Tulfo, Erwin T.

Tulfo, Jocelyn P.

Yap, Edvic G.

Soriano, Jeffrey (Resigned)