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Primer on Absentee-voting

Philippine legislators get serious about absentee-voting for overseas Filipinos

March 2002

The Philippine Consulate General in Los Angeles has issued a primer on "Absentee Voting," an issue taken to heart by hundreds of thousands of Filipinos living in America. In her first State of the Nation address, President Gloria Arroyo asked the 12th Congress of the Philippines to enact a law that would enable all Filipinos overseas to vote in absentia. In response to her call, members of the 12th Congress, at the Legislators' Workshop on Good Governance for High Growth and Poverty Alleviation, identified absentee voting as one of the priorities they would act on for the rest of their term.

In the past, Philippine legislators had been coming to the U.S. to "consult" with members of the Filipino communities here regarding the issue. The following primer, issued a few weeks before members of the Philippine Senate and House of Representatives hold another round of consultations with their kababayans in April, raises yet anew the hope that Filipinos overseas will finally get the chance to help shape their country's future.

Q. What is absentee voting?

A. Absentee voting is the process by which qualified Filipinos abroad may vote in Philippine elections. Voting in absentia is another term for absentee voting.

Q. Why is it important to pass an absentee voting law?

A. Suffrage is a basic right of any citizen as enshrined in Article 25, paragraph b of the UN Convention of Civil and Political Rights. The constitutional provision on citizenship presumes that for as long as one is a Filipino citizen, he/she may vote in absentia.

The 1987 Constitution mandated Congress to enact an enabling law that will allow Filipinos overseas to vote in absentia.

It has been 15 years since the Constitution mandated Congress to enact an absentee voting law for overseas Filipinos and yet we still have to see an absentee voting law enacted.

Q. Who are covered by the law as mandated by the 1987 Constitution?

A. Any Filipino abroad who has not renounced his/her Filipino citizenship and not otherwise disqualified by law shall have the right to register and vote overseas in all national elections.

Q. How many Filipinos are overseas?

A. Based on stock estimates of the Commission on Filipinos Overseas (CFO), as of December 200, there were about 7.38 million Filipinos living and residing overseas.

OFWs account for 2.99 million; 2.55 are permanent residents, and the remaining 1.84 million are Filipinos on irregular status.

These figures do not include those who are abroad either as trainees or students, cultural exchange program participants, tourists, members of our Foreign Service corps, and regional or international organization representatives.

Q. Which country hosts the biggest number of OFWs?

A. As of December 2000, Saudi Arabia accounts for the biggest concentration of OFWs with 829,300 (27.33 percent). Hong Kong ranks second with 148,844 (4.98 percent), while Japan comes in third with 133,834 (4.47 percent). The other major countries of destination of OFWs are Taiwan, UAE, Malaysia, Italy, USA, Singapore and Kuwait.

Q. Which country has the biggest number of Filipino immigrants?

A. The United States continues to be the preferred area of emigration accounting for 71 percent of the total number of Filipino immigrants or about 1,804,288 (Dec. 2000).

The following are the other major destination countries of Filipino emigrants: Canada, Australia, Japan, UK and Germany.

Q. Is the proposed legislative measure (on absentee voting) unique in the Philippines?

A. No. There are at least 49 countries around the world that allow their citizens to vote in absentia. Some of these countries are Australia, Canada, Indonesia, Japan, Malaysia, New Zealand, Sweden, Thailand and the United States.

Q. How do Filipinos overseas contribute to national development?

A. Data from the BSP show that Filipinos abroad contribute significantly to national development. Beginning fiscal year 1990 to October 2001, the total dollar remittances sent through formal banking channels alone totaled U.S. $48.24 billion, accounting for about eight percent of Gross National Product.

Aside from remittances, our kababayans abroad also extend various forms of assistance in the form of financial and material contributions channeled through the DSWD, NEDA, DOH and DOF beginning 1990 to June 2001 were placed at more than P2.8 billion.

Under the Commission on Filipinos Overseas' Lingkod sa Kapwa Pilipino Program alone, more than P1.014 billion in the form of assistance to livelihood projects, scholarships, medical and educational equipment and supplies and welfare assistance, among others, have benefited about 10 million individuals nationwide, with 68 provinces covered, including the National Capital Region.

Q. Do Filipinos want to participate in Philippine electoral exercises?

A. Yes. In a survey conducted by CFO among Filipinos overseas, 83 percent of the respondents stated that they want to vote in Philippine elections.

Q. Why should immigrants be allowed to vote?

A. Filipino immigrants are still Filipino citizens, until they apply for citizenship in their host countries.

Q. Do immigrants meet the residency requirements as provided for in the election code?

A. Legally, an immigrant meets all the constitutional requirements of citizenship, age and residency.

A grant of immigrant status in a host country does not result in the loss of one's citizenship.

The issue on residency has become a non-issue by operation of law in view of the prevailing doctrine in Philippine legal jurisdiction which equates 'residence' with "domicile/domicilla." The Civil Code of the Philippines defines "domicile" as "a permanent residence to which, when absent, one has the intention of returning." Under the domicillery principle, Filipinos are deemed domicilled in the Philippines even when they are stationed abroad unless they effect a change in citizenship.

Besides, if the 8-month residency requirement will be strictly enforced, not even Overseas Filipinos can vote in absentia, rendering said law useless.

Q. Why should the absentee voting law be passed if there are fears that this will trigger more massive cheating in elections?

A. Although election cheating can happen anywhere, this is not enough reason to justify the continued disenfranchisement of seven million Filipinos overseas.

To suggest that Filipinos overseas will allow cheating and other forms of fraud under their very noses is an affront to the dignity and integrity of Filipinos abroad.

Q. Is it possible to conduct voting, counting and canvassing at our Embassies and Consulates abroad?

A. Since we only have 79 embassies, consulates and diplomatic offices catering to 7.38 million overseas Filipinos, the postal mode of voting seems to be the most viable. This will allow a greater number of Filipinos overseas who may not have access to our Embassies and Consulates to vote.

Q. Under the proposed bill, what elections will be covered?

A. Under the proposed bills in the Senate and in the House of Representatives, absentee voting will be applicable only to national elections which include the election for president, vice-president, senators, party list representatives, referenda and plebiscites.

Q. What are the major features of the proposed absentee voting bill?

A. The benefits of a system of continuing registration shall be extended to qualified overseas absentee voters.

Qualified Filipinos abroad who failed to register as voters under Republic Act 8189, otherwise known as 'The Voters Registration Act of 1996' may apply for registration, personally or by mail, directly to the Election Registration Board of the city or municipality where they were domicilled prior to departure from the Philippines.

Registered overseas Filipinos shall be required to file an application for certification as absentee voters. A separate registry for registered absentee voters shall be maintained as a safeguard against possible electoral fraud.

Ballots shall be transmitted or distributed by mail by either the COMELEC of the Department of Foreign Affairs through the latter's missions, embassies and consulates. The Philippine Embassies and Consulates shall distribute all the same to qualified absentee voters either personally or by registered mail.

Voting shall be done by mail.

The counting and canvassing of ballots will be done in COMELEC in Manila.

Q. What is the common mode of voting in other countries that have absentee voting?

A. Among countries which implement absentee voting for their nationals overseas. most of them prefer to use the mailing system (postal voting). Said countries include the United States, Australia and Sweden.

Q. What security measures can be adopted to safeguard the secrecy and sanctity of the ballots?

A. The following safeguards and security measures have been proposed as salient features of the bill:

-- a separate registry of absentee voters to prevent multiple voting

-- prohibition on printing and distribution of excess ballots

-- use of security markings in the printing of ballots

-- ballots will be contained in specially marked envelopes with sealed markings

-- establishment of special units in the Philippine Postal Corporation to attend exclusively to mail containing ballots of absentee voters

-- representatives of parties may intervene in all stages of the exercise to prevent all forms of fraud

-- criminal prosecution for defined prohibited acts

-- participation of non-government organizations

-- it has been proposed that the absentee voting mechanism be designated in such a way that it will require minimum human handling. This underscores the importance of the postal voting system.

Q. Will NGOs be involved in the process?

A. Yes. NGOs will be involved during the conduct of absentee voting from information dissemination to registration to counting and canvassing of votes.