Resolution No. 9274 - IN THE MATTER OF ANNOTATING IN THE COMPUTERIZED VOTER'S LIST (CVL) AND IN THE VOTERS REGISTRATION RECORD (VRR) OF LOCAL VOTERS WHO HAVE SUBSEQUENTLY BEEN CERTIFIED AS OVERSEAS ABSENTEE VOTERS

COMELEC RESOLUTION No. 9274

IN THE MATTER OF ANNOTATING IN THE COMPUTERIZED VOTER'S LIST (CVL) AND IN THE VOTERS REGISTRATION RECORD (VRR) OF LOCAL VOTERS WHO HAVE SUBSEQUENTLY BEEN CERTIFIED AS OVERSEAS ABSENTEE VOTERS

PROMULGATION: 18 August 2011

WHEREAS, Section 6, paragraph 6.7 or RA 9189 provides that 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 (NROAV), with corresponding annotation in the Certified Voters’ List (CVL).

WHEREAS, Section 9 of the same Act provides that the Commission shall maintain a NROAV; that 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 (OAV); that the registry shall also include those registered under Republic Act No. 8189 and who have been issued certifications as overseas absentee voters; and that the entries in the NROAV and the annotations as overseas absentee voters in the CVL shall be permanent, and cannot be cancelled or amended except in any of the following cases: 

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
2. When an overseas absentee voter’s 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.

WHEREAS, Section 6, paragraph 6.7 or RA 9189 provides that qualified citizensof 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 (NROAV), with corresponding annotation in the Certified Voters’ List (CVL).When an overseas absentee voter’s 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.

WHEREAS, Sections 12(b) (2) of COMELEC Resolution No. 8458 dated May 20, 2008, otherwise known as the “General Instructions for the Resumption of Continuing Registration/Certification of Qualified Overseas Absentee Voters for Purposes of the May 10, 2010 National Elections and Subsequent National Elections Thereafter” provides that in case of approval of the application for registration/certification, the Election Officer (EO) shall make an annotation in the Computerized Voters’ List (CVL) of the city/municipality and in the applicant’s Voter Registration Record (VRR) that the said applicant has been registered as an Overseas Absentee Voter or will be voting as an OAV;

NOW THEREFORE, pursuant to the powers vested in it by the Constitution, Omnibus Election Code, Republic Act No. 9189 and the other related election laws, the Commission on Elections RESOLVED, as it hereby RESOLVES, to adopt the following policies and procedures:

1. The Committee on Overseas Absentee Voting (COAV) through the Resident Election Registration Board (RERB) shall transmit the list of approved application for certification as OAV to the Office of the Election Officer (OEO) of the municipality/city/district concerned where the OAVs have been locally registered;

2. Upon receipt of the list, the EO annotate at the back of the VRR of the concerned OAV the following:

   "OVERSEAS ABSENTEE VOTER"

   ___________________________________
   Signature of the Election Officer
   ___________________________________
   Date of annotation as OAV”  

3. The VRR of the OAV shall be removed from the Precinct Book of Voters and shall be filed in a separate Book which shall be correspondingly labeled “OAV VOTERS”

4. The EO shall prepare a list of voters whose registration records were annotated as OAV and submit the same to other members of the Election Registration Board (ERB) for information.

5. The EO shall tag the Registration Records in the VRS the fact that such voter had applied for and was certified as OAV. For this purpose, the Information Technology Department (ITD) shall provide a modified VRS to the EO.

6. The annotation in the VRR and the tagging in the VRS shall have the effect of temporarily excluding the OAV’s name in the Precinct Computerized Voters List/Election Day Computerized Voters List.

7. The Overseas Absentee Voters shall not be considered in the preparation/generation of the Project of Precincts by the EO.

8. The list of OAVs registered in the city/municipality, shall be posted in the bulletin board of the OEO and made available to the public at all times.

The COAV, in coordination with the Elections and Barangay Affairs Department shall furnish copies of this Resolution to the Regional Election Directors, Provincial Election Supervisors, Election Officers, of this Commission and give it the widest dissemination possible.

This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines.

The Education and Information Department, this Commission, shall cause the publication in two (2) daily newspapers of general circulation in the Philippines.

SO ORDERED.