10th Assignment: 32:00-49:00

COMELEC may move to remove or cancel registration on any of the following grounds:

- Religious sect or denomination advocating violence, etc.

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Absentee Voting

Procedure

- Affidavit containing proof of Immigrant’s intention to go back to the Philippines to resume

residency, which serves as an explicit expression that they are not in fact abandoning domicile.
More important, the applicant must declare that he had not applied for citizenship in another
country.

COMELEC required that dual citizens must first fulfill the residency requirement in the 1987 constitution
before they could be allowed to vote. SC disagreed, there is no provision in the dual citizenship law
requiring dual citizens to establish residence and physically stay in the Philippines first before they can
exercise the right to vote.

Who may vote – all citizens etc. (absentee voting)

There are persons disqualified like an immigrant or a permanent resident.

Registration must be done in person. After filing, application must be set for hearing. If there is no
objection – approve. If there is objection – notify applicant. The application shall be approved or
disapproved based on the merits of the objections.

CoC as an overseas absentee voter shall be issued by the COMELEC

Petition for exclusion

Who may file – any interested party may file a petition

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There is a system of continuing registration. COMELEC shall ensure that the benefits of the system of
continuing registration are extended to qualified overseas absentee voters.

Documents required:

Passport

Registration form

In case of immigrants and permanent residents, affidavit declaring the intention to resume actual
permanent residence.

There is national registry of overseas absentee voters. There must be notice of registration and election.
Procedure for application to vote in absentia

1. Every qualified citizen may file with the officer of the embassy a sworn written application to
vote in a form prescribed by the COMELEC.
2. Every application to vote in absentia may be done personally at or by mail to the embassy,
consulate, etc.
3. Verification and approval or disapproval. Motion for Reconsideration is allowed. Decision of the
COMELEC must be final and executory.

There is a certified list of overseas absentee voters to be prepared by the COMELEC. Then printing and
transmittal

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Regulation on Campaigning abroad governed by the laws and regulations applicable in the Philippines.

Procedure in casting and submission of ballots

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Counting and Canvassing (Absentee)

Counting and canvassing shall be conducted onsite on the country where the votes were actually cast
within the premises of embassies. (Counting provision not effective because of PCOS)

Special Board of Canvassers

There is automated counting and canvassing.

Local absentee voting (e.g. Police nga taga-cebu city, voter sa cebu city nya gi assign sa Jolo)

Refers to a system of voting for government officials or employees including members of the AFP and
PNP who are duly registered voters are allowed to vote.

Dates for local absentee voting - Local absentee voters may vote ahead of the date set for the general
election.

Kung local absentee voter ka, kinsa ang mabotaran nimo? President, Vice president, senators and
partylist

Casting and Counting

Board of Election Inspectors

Qualifications

- Good moral character

- Irreproachable reputation
- Registered voter, etc.

Disqualification

- Related in 4th civil degree of consanguinity or affinity to any member of BOI

 Powers and functions of BOI

- Conduct the voting and counting (wala nani tungod sa PCOS)

Watchers

Every registered political party, coalition, independent party shall be entitled to one watcher in every
polling place (nevermind the qualifications)

Watchers shall have the right to stay in the place reserved for them inside the polling place. They have
the right to witness and inform themselves of the proceedings etc.

Casting of votes

7:00 in the morning, ending at 3 in the afternoon except when there are voters present within 30 meters
in front of the polling place.

AES – Automated Election System as necessarily changed the (scheme?)

Precincts and their establishments. The unit of territory for the purpose of voting is the election
precinct. Adjustment for AES – precinct shall be clustered into groups of 3 but not exceeding 7 precincts.

Preliminaries

The BEI – Board of Election Inspectors shall meet at the polling place at 6:00AM and initially ensure that
it has all the election forms, documents, etc.

Under the PCOS system, the process of initialization is one of the most important steps in the voting
procedure. The PCOS machine automatically (?) the initialization report showing zero votes for each
candidate. Only voters listed in the election voters list shall be allowed to vote.

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Ballots rejected by PCOS

No replacement ballot shall be issued to the voter.

Disabled or (evicary?) voters

They can vote if assisted by a relative, any person with his confidence or a member of BEI

Any person who assist may not do so more than 3 times. With respect to the PCOS system, if a voter is
unable to feed the ballot into the PCOS machine – a person of physical incapacity shall be assisted.

Spoiled ballots

Challenges against illegal voters

Voters or accredited watchers may challenge any person offering to vote for not complying for the
election procedures by way of identity.

Voters are not required to present their voters affidavit (ID?) on the day of election unless his or her
identity is challenged.