Amendments to the Overseas Voting Law

By the Center for Migrant Advocacy
Ellene A. Sana

The first amendments to Republic Act 9189, otherwise known as Overseas Absentee Voting (OAV) Act of 2003, were adopted by the 15th Congress of the Philippines. It was a much celebrated achievement for overseas Filipinos and migrant advocates alike. After 10 years since the law's passage, improvements have been adopted to allow overseas Filipinos to more easily engage in the country's political processes while abroad. With nearly 11 million overseas Filipinos (OFs) remitting an estimated US$20 billion plus annually, this underrepresented voting population deserves to be heard and valued in the shaping of the country's socio-cultural, economic and political affairs. 

The amendments are beneficial as they remove some of the obstacles which had been keeping OFs from registering and/or voting. The Commission on Elections (COMELEC) revealed that only 26% of OAV registrants voted in 2010. The number of registrants has increased for the forthcoming national elections in May 2013 and a significant boost in voter turnout is anticipated for the 2016 presidential elections at which time the provisions of the act will have been fully implemented.

Perhaps the most salient of amendments contained in the bill is the removal of Section 5d, which disqualifies Filipino immigrants and permanent residents from the exercise of suffrage through RA9189; unless they execute an affidavit declaring intent to return and resume physical actual residency in the Philippines no later than 3 years from the time of his or her approval of OAV registration. This provision had been among the most scrutinized and its removal is expected to greatly improve OFWs access to suffrage.

Other notable amendments include the creation of Resident Election Registration Boards (RERB) in Manila and various other foreign posts to process, approve and disapprove all applications of registration including cancellation, activation and deactivation. It also institutionalizes the creation of the Department of Foreign Affairs (DFA) OAV Secretariat and allows for the creation of a more stable Office for Overseas Voting in the COMELEC to replace the current Committee on OAV (COAV) in the COMELEC.

Lastly, the removal of the word 'absentee' from the Act's title, renaming the short title as “Overseas Voting Act” of 2013 creates a broader inclusion of those who qualify to vote under the law. Senator Aquilino Pimentel, Jr., chair of the Senate Committee on Electoral Reforms and Peoples Participation, attests that "the amended OAV removes the documentary requirements that keep our citizens at arm's length from the ballot box, and seeks to create a more permanent mechanism to promote a more efficient and effective electoral process for Filipinos abroad."

It is noteworthy to share that there is also a proposal to authorize the COMELEC “to explore and adopt other more efficient, reliable and secure modes or systems, ensuring the secrecy and sanctity of the entire process, whether paper-based or electronic-based technology or such other latest technology available, for onsite and remote registration and elections.” The proposal was put forward in consideration of the peculiarities attendant to the OV processes for voters who are spread out in more than 214 countries and destinations around the globe. Added to this is the fact that there is also a significant number – among women migrants, undocumented migrants, and seafarers, in particular– who may have limited mobility and access to voting due to their job categories or immigration status.

The other context of course is the fact that we only have less than a hundred embassies and consulates that can serve as voting centers for overseas Filipinos. For the moment, however, Congress approved only the part where the COMELEC can explore and submit reports and recommendations, but not to have the authority to adopt. Notwithstanding deferment on this, the challenge remains for stakeholders to continue exploring effective stable systems for broader enfranchisement. 

The bill is expected to be transmitted soon to the Office of the President for his signature once all the required signatures in both chambers of Congress shall have been completed .

In the meantime, preparations are almost completed for the start of the month-long mid-term national elections where qualified overseas voters will vote for 12 Senators and one (1) Party-list Representative one month ahead of voting in the Philippines.

In terms of qualified overseas voters, the number of new registrants reached 398,554, which exceeded all prior new registration numbers. Combined with the list of existing voters, a total of 988,384 registered OVs for this voting period. Although shy of the one million target set by the DFA and the COMELEC, Senator Pimentel expressed confidence that once the amended OAV is enacted, the one million mark goal will be far exceeded.

In January of this year, the COMELEC ordered the removal of 238,557 OVs who failed to vote in the past two elections and who failed to notify COMELEC of their intent to vote for this year's elections. Upon calls from migrant advocates and voiced disapproval from the OF community of such action, the COMELEC en banc reinstated their rights to suffrage for the upcoming elections. The reinstated voters, however, must be able to show a manifestation of their intent to vote by appearing at their designated voting stations within the voting period.

Modes of voting will also be expanded this elections. The automated election system (AES) is expanded to seven posts, from the current two, in the 2010 elections. To join Hong Kong and Singapore with AES mode of voting are the posts in Abu Dhabi and Dubai in the UAE, Riyadh and Jeddah in Saudi Arabia, and Kuwait. Postal and modified postal as well as personal voting will also be implemented in the rest of the posts around the globe. As in previous electoral exercises, seafarers may vote at any posts conducting personal voting or by postal voting in places where international ports are duly identified as such by the DFA-OAVS.

The amendments adopted by Congress are big steps forward in terms of improving the legal mechanism for the exercise of suffrage by overseas Filipinos. The increase in registration is also a notable positive step forward. However, a lot remains to be done as overseas Filipinos continue to assert their right to participate in the country's political and electoral exercises and be part of the shaping of the country's future.

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1 Last 1 April 2013, the Senate transmitted the amendatory bill to the House of Representatives for the last required signature of the Speaker of the House. Then it is ready for transmittal to the Office of the President.

CCOFW paves way for OLTCC creation

What used to be the Consultative Council on Overseas Filipino Workers (CCOFW) that went through series of meetings or consultations is now shelved to give way to the creation of Overseas Landbased Tripartite Consultative Council (OLTCC).

In a ceremony attended by leaders in the recruitment business, government and labor sector composed of various migrant rights NGO advocates led by member organizations of the Philip-pine Migrants Rights Watch (PMRW), the memorandum of agreement on the OLTCC was signed last 10 May 2013 at the PST Hall, Philippine Overseas Employment Administration (POEA), in Mandaluyong City. The signing was witnessed by Sec. Rosalinda Dimapilis-Baldoz of the Department of Labor and Employment (DOLE), Admin. Hans Cacdac of POEA and other government officials.

The OLTCC will serve as a forum through which labor, management and government can work together to address issues and concerns involving landbased OFWs. It will act as an advi-sory body to the Secretary of DOLE in terms of policies and programs affecting labor and em-ployment in the overseas employment sector. It was stressed that the council shall at all times endeavor to arrive at a consensus on matters brought to it for consideration, deliberation and /or resolution and will not decide on a basis of a majority rule. Moreover, the function of the OLTCC includes: consultation with the concerned stakeholders on issues and concerns involving OFWs; address priority issues and concerns and recommend solutions or measures on labor and em-ployment concerns through social dialogue and other initiatives; review existing laws and regula-tions and propose measures and policy actions; and monitor and evaluate the implementation of international, regional and national programs, plans and projects.

PMRW member organizations such as the Center for Migrant Advocacy (CMA), Development Action for Women Network (DAWN), Episcopal Commission for the Pastoral Care of Migrants and Itinerant People – Catholic Bishops Conference of the Philippines (ECMI-CBCP), Scalabrini Migration Center (SMC), Scalabrini Lay Association (SLA), Scalabrini Center for People on the Move (SCPM) have been actively engaged in the past with the CCOFW.

IAC Convenes for the 2013 Month of Overseas Filipinos

A working theme was adopted during the second meeting of the Inter-Agency Committee (IAC) on the Month of Overseas Filipinos (MOF) that was held last June 5, 2013 hosted by and held at the Department of Trade and Industry in Makati City. The theme is centered around reintegration and the benefit that should accrue to OFWs and other Filipino migrants who would want to come back to the country after a long stay abroad.

The meeting was chaired by Ms. Mel Nuqui, president of PMRW and co-chaired by the Commission on Filipipino Overseas (CFO). The meeting was attended by representatives from various government agencies providing assistance to overseas Filipinos like Department ofForeign Affairs-Office of the Undersecretary for Migrant Workers Affairs (DFA-OUMWA), Overseas Workers Welfare Administration (OWWA), Philippine Overseas Employment Administration (POEA), Department of Trade and Industry (DTI), Social Security Systems (SSS), Pag-IBIG Fund, Philippine Health Insurance Corporation, Union of Local Authorities of the Philippines (ULAP), League of Provinces of the Philippines (LPP). The CFO serves as the secretariat of the MOF. The PMRW represented the NGOs.

In the first meeting of the IAC held last 30 April 2013 at the NCCA Boardroom, Manila, the accomplishments of the previous year were discussed. The theme in 2012 was “Strengthening the Partnership between Overseas Filipinos and LGUs towards Sustainable Development of Communities”. Although it was observed that the LGU’s participation last year was minimal, a renewed effort will be exerted for 2013 to engage more their active participation.

Several activities like regional and national fora, Migration Advocacy and Media (MAM) Awards and other events were lined up similar to that of last year. The IAC will actively engage the participation of their regional offices of the different IAC members in particular that of the DILG and LGUs. The IAC is set to meet again on July 25, 2013 to firm up the planned activities.

Balanga Diocese hosts 27th National Migrants Sunday

by Fr. Edwin Corros, CBCP-ECMI

Balanga, Bataan. In the Philippines, the multi-faceted issue of Filipino migration touches almost every aspect of the lives of most Filipinos. There are issues linked to their labor, political and cultural rights; their health or their reintegration when they decide to return home; their remittances and more.

Unfortunately, the issue of remittances of the migrants is what mostly ordinary Filipinos could refer to when asked about Filipino migration. Society in general equates migration to remittance. The public does not think more profoundly and reflect on other issues besides remittance such as the psycho-social costs that come with migration. This is what the Church would always talk about to remind everyone of the other issues linked to migration. On the National Migrants Sunday (NMS), last February 17, 2013, the Church once again had her chance to speak on such issue.

The NMS is one major event in the life of the church being spearheaded by the Episcopal Commission for the Pastoral Care of Migrants and Itinerant People (ECMI) of the Catholic Bishops Conference of the Philippines (CBCP). ECMI has been promoting hard the Church’s motherly concern for the migrants in the Philippines addressing particularly the issues and concerns of the overseas Filipino workers and their left behind families.

Balanga is the 13th diocese to host the celebration of the National Migrants Sunday after the CBCP-ECMI started to bring the celebration outside the Archdiocese of Manila in 2005. Last year, the NMS was held in the archdiocese of Cebu. Other dioceses that had nationally hosted the NMS were Lipa, Antipolo, Imus, San Fernando-Pampanga, San Fernando-La Union, Bayombong, Tagbilaran to name some. About 700 families of OFWs coming from various parishes had come to celebrate NMS which started with the mini procession at the provincial capitol grounds and proceeded to the Bataan People’s Center for the Eucharistic celebration presided by Bishop Ruperto Santos. About six other priests joined to concelebrate.

Soon after the celebration of the Eucharist, the cultural program began with the rendition of the doxology and the national anthem by the Gintong Himig group from the high school department of the T. del Rosario College. Bishop Ruperto Santos was immediately called to convey his welcome message while Fr. Ronie Loreto, the diocesan director for the Family and Life Commission warmly delivered his opening remarks. An opening salvo was provided by the Teatro Peninsulares composed mainly of students from the Bataan Polytechnic State University (BPSU).

Representing Bp. Precioso Cantillas, SDB, DD, the chair of the CBCP-ECMI, at the event was his executive secretary Fr. Edwin D. Corros, CS, to deliver the message of inspiration and explain the significance of the National Migrantss’ Sunday celebration. A well applauded musical number rendered by Koro Bangkal Magbikin composed by indigenous young girls and boys followed Fr. Corros’ inspirational note.

Providing the highlight during the cultural program at the NMS event was the multi-awarded BPSU Chamber Chorale, known to be the pride of Bataan. The world-acclaimed choir serenaded the public with their great and wonderful rendition of several famous Filipino folk songs and popular music mostly excerpted from Walt Disney movies. The college student-members of the choir were recipient of prestigious awards at choir competitions both locally and overseas. They rendered a mini-concert as their generous contribution to the successful celebration of the 2013 NMS.

Just before closing the event, Fr. Ronie Loreto was joyful to express his gratitude for the support he received from the various groups, particularly to the members of the organizing committee composed mainly by the diocesan commission on family and life. They were the ones who spearheaded the celebration. He also thanked Mr. Edmund Ruga, the ECMI coordinator for Luzon, who manifested real support and guidance to the hosting of the national event. Mr. Ruga confessed at the middle of the program that the whole event that the public had witnessed was a product of a very brief preparation, a preparation that they started only last January. Mr. Ruga likewise expressed his sincerest appreciation to the people of Balanga who had positively responded to the challenge of hosting the national event. He looked forward to the real work on building and sustaining a migrant ministry in the diocese of Balanga.

PMRW Forum on Reintegration and Development

In celebration of the month of overseas Filipinos and international Migrants day, the Philippine Migrants Rights Watch (PMRW) will hold a forum on "Reintegration and Development: Partnerships and Challenges" on December 18, 2012 at the SSS Auditorium, SSS Bldg., East Avenue, Diliman, Quezon City. The said forum aims to highlight the partnerships of OFWs and LGUs that help bring about development in the communities and in the country.

Those interested to attend can get in touch with the PMRW Secretariat at tel. 526-9098 or at pmrw@pmrw.org.ph.

The program starts at 1:00 pm. It will be followed by the 2nd Migration and Media Advocacy awards.

17th National Seafarers' Day

In celebration of the 17th National Seafarers' Day (NSD), a Eucharistic celebration to be presided by His Excellency Luis Antonio Tagle, Archbishop of manila, will be held on Sunday, September 30, 2012 at 9:00 in the morning at the Philippine Ports Authority Gym at Pier 13, Manila.

Apostleship of the Sea (AOS) Manila is part of the organizing committee for the celebration of NSD.

On the occasion of the celebration of the 17th National Seafarers' day (NSD), the National Seafarers' Committee has lined up several activities on September 30, 2012:

7:00 am - Ecumenical Memorial at Sea at the PCG Headquarters

7:30 am - Grand Parade beginning at Luswelf and ending at PPA Gym

9:00 am - Eucharistic Celebration to be presided by Archbishop Luis Antonio Tagle


For inquiries, please call AOS at 527-2638

Calling All OFWs and other Overseas Filipinos: Register as Overseas Filipino Voters for the May 2013 Elections

We are the OAV Summit Group composed of different civil society groups, committed to the political empowerment of our migrant workers through the ballot.

Our goal is to work closely with the Department of Foreign Affairs (DFA) and the Commission on Elections (Comelec) as well as all stakeholders to boost overseas voting registration in time for the 2013 national elections.

According to the DFA, we have new registrants of more than 249,391, which when added to the stock total of 589,830 from the 2010 elections, brings the number of overseas Filipino registrants to more than 839,221 for the upcoming 2013 Senatorial and Party-List elections.

Though short of the 1 million target originally set jointly by the DFA and the Comelec, this number still represents a potent source of votes particularly in a tight Senate and party-list race.

But we can and shall do better.

For the remaining weeks until October 31, the actual deadline for Overseas Absentee registration, we enjoin all overseas Filipinos whether land-based or sea-based, temporary workers or permanent residents, to register and avail of their right to vote in the 2013 elections.

We issue this final call for OAV registration with a shortlist of five (5) concrete recommendations on how we can collectively meet and even surpass the 1M target.

First, we call on Congress to amend the OAV Law and repeal Section 5-D requiring Filipino immigrants to sign an affidavit of intent to return to the Philippines which has become a major stumbling block particularly for potential Filipino voters in the United States and Canada;

Second, we urge Congress to allow the Comelec to explore and adopt other more efficient, reliable and secure modes or systems to ensure the secrecy and sanctity of the entire electoral process, whether paper-based or electronic-based technology or such other latest technology available, for onsite and remote registration and elections;

Third, we ask political parties and national candidates to include in thir reform agenda a menu of laws, benefits, and programs for Filipinos overseas and their families here and at home, and present this early enough to inspire our modern-day heroes to register and vote;

Fourth, as civil society organizations involved in issues of Filipinos overseas and fellow migrants' rights advocates, we shall continue to embark on a unified campaign in partnership with as many Filipino community groups around the world as possible, using social media and traditional media to enlist as many OAV registrants as possible;

And fifth, every CSO and OFW/OF blogger involved in this aaliance as well as social media enthusiasts who believe in the political empowerment of OFWs and overseas Filipinos, shall feature prominently on their websites every Friday, the top 10 foreign posts with the biggest number of overseas Filipino registrants. Hopefully, this will spur competition not only among our foreign posts but also within and amongst Filipino communities, to bag a slot in this list of top performing posts.

We believe that the right of every overseas worker to register and vote is sacred, and all efforts must be undertaken to facilitate a more inclusive and convenient process of registration and voting given the physical and financial hurdles that an OFW must face to be able to go to the nearest embassy or consulate in order to exercise his or her right of suffrage.

Signed:  Philippine Migrants Rights Watch, Migrant NGO Forum, Filipino Migrant Workers Group, Ople Policy Institute and Training Center, Center for Migrant Advocacy, ICOFVR-HongKong.