21. Who will conduct the voting?

A Special Board of Election Inspectors (SBEI) composed of:

a. a Chairman,

b. a Poll Clerk and

c. a Member-Secretary shall conduct the voting.

The Ambassador or Consul-General or any career public officer posted abroad designated by the Commission shall act as the Chairman. In the absence of any government officer, the two (2) other members shall be citizens of the Philippines who are qualified to vote under the Overseas Absentee Voting Act of 2003.


22. Who can vote?

Only those whose names are included in the Certified List of Overseas Absentee Voters can cast their votes.

A voter whose name does not appear in the Certified List of Overseas Absentee Voters shall not be allowed to vote.


23. What is the procedure for personal casting of votes?

You shall:

. Approach the Poll Clerk of the SBEI;

a. Give your name and address together with other data concerning your person;

b. Present your Overseas Absentee Voter Identification Card (OAV ID). In case of loss or unavailability of your OAV ID, you may present your valid passport or any other identification card issued by the host country that can establish your identity;

c. Obtain from the Poll Clerk a Ballot Issuance Stub;

d. Present the Ballot Issuance Stub to the Chairman;

e. Affix your signature opposite your name in the List of Overseas Absentee Voters with Voting Record;

f. Obtain from the Chairman the official ballot which shall be placed inside a ballot secrecy folder;

g. Personally accomplish the ballot in secret, using the appropriate marking or writing device, and without leaving the designated voting area;

h. Place the accomplished ballot inside the ballot secrecy folder in the same manner as you received it;

i. Exhibit the ballot coupon to the Member-Secretary of the SBEI, who shall verify its serial number against the number previously entered in the List of Overseas Absentee Voters with Voting Records;

j. Affix your right thumbmark in the corresponding space in the ballot coupon and opposite your name in the List of Overseas Absentee Voters with Voting Record;
k. Obtain from the Member-Secretary an envelope for your ballot;

l. Place the ballot inside the envelope;

m. Seal the envelope;

n. Deposit the envelope inside the ballot box compartment for valid ballots; and

o. Immediately depart.


24. What are the prohibitions on personal voting?

You shall not:

• Be accompanied by anybody in accomplishing your ballot, unless you are an illiterate or disabled voter;

a. Speak with anyone while accomplishing your ballot;

b. Intentionally tear, deface, or erase any printing on the ballot or put thereon any distinguishing mark;

c. Use carbon paper, paraffin paper or other means for making a copy of the ballot, or make use of any other means to identify your vote;

d. Prepare the ballot without the use of a ballot secrecy folder, or exhibit its contents to any person; and

e. Bring the ballot outside the designated voting area within the premises of the embassy, consulate or foreign service establishment.


25. Can you be challenged from voting?

Yes. You may be challenged on the basis of:

• Being an illegal voter; or

a. Your having committed illegal acts.


26. What are the grounds to challenge a voter for being an illegal voter?

Any voter or watcher may challenge a voter for:

• Not being registered as an overseas absentee voter;

a. Using the name of another; or

b. Suffering from existing disqualification.


27. What are the grounds to challenge a voter for having committed illegal acts?

Any voter or watcher may challenge any voter on the ground that the challenged person committed the following illegal acts:

• Received or expects to receive money or anything of value as consideration for his/her vote, has paid, offered or promised to pay, has contributed, offered or promised to contribute money or anything of value as consideration for the vote of another;

a. Made or received a promise to influence the giving or withholding of any such vote; or

b. Made a bet or is interested directly or indirectly in a bet, which depends upon the results of the election.


28. What must you do in case you are challenged?

If you are challenged for being an illegal voter, present satisfactory proof of your registration, identity or qualification.

If you are challenged for having committed an illegal act, take an oath before the SBEI that you have not committed such act. Upon taking such oath, the challenge shall be dismissed and you shall be allowed to vote. In case you refuse to take such oath, the challenge shall be sustained and you shall not be allowed to vote.


29. Can you vote as an illiterate voter or a voter who cannot accomplish the ballot by reason of physical disability?

Yes. However, the fact of your illiteracy or physical disability must be so indicated in your application for registration/certification and to vote in absentia.


30. Who may assist you in casting your vote as an illiterate or disabled voter?

You may be assisted by a relative within the fourth civil degree of consanguinity or affinity, or, if you have none, by any person of your confidence who belongs to your household, or by any member of the SBEI.


31. What will happen if you spoil your ballot or render it in such a way that it can no longer be legally used?

You shall not be issued another ballot and you are required to surrender the ballot to the Chairman.


32. How will ballots be sent to you in case you reside in a country where voting by mail is allowed?

The embassy, consulate or foreign service establishment concerned shall send to you the ballot inside a special envelope. In addition to the ballot, the special envelope shall contain one inner and one outer envelope, voting instructions, paper seals and certified list of candidates.


33. How will you cast your vote if you reside in a country where voting by mail is allowed?

Upon receipt of the special envelope, you shall:

• Accomplish the ballot;

a. Affix your right thumbmark on the ballot coupon;

b. Detach the coupon from the ballot;

c. Place the detached coupon inside the envelope marked "Outer Envelope";

d. Place the accomplished ballot inside the envelope marked "Inner Envelope";

e. Seal the inner envelope with paper seal provided for the purpose;

f. Place the sealed inner envelope containing the ballot inside the outer envelope containing the ballot coupon in such a manner that the ballot shall not be folded or crumpled;

g. Seal the outer envelope with paper seal provided for the purpose;

h. Affix your signature in the proper space provided in the outer envelope; and

i. Mail the sealed envelope to the embassy, consulate or foreign service establishment that sent you the ballot.


34. What will happen if your ballot is not contained in the special envelope or the envelope is not received before the close of voting on the day of elections?

The ballot will not be included in the counting of votes.


35. What is the importance of affixing your signature in the outer envelope?

Before counting, your signature in the outer envelope shall be compared with that appearing in your approved voter registration record. If the signatures are identical, the envelope shall be opened and the ballot shall be counted. Otherwise, the envelope shall not be opened and the ballot contained therein shall not be counted.


36. Where will the counting of votes take place?

The counting of votes shall be conducted on site in the country where the votes were actually cast and within the premises of the embassies, consulates and other foreign service establishments or in such other places as may be designated by the Commission.


37. How shall ballots be counted?

Ballots shall be counted publicly and uninterrupted in the counting centers designated by the Commission. Unless otherwise ordered by the Commission, the SBEI shall not adjourn or postpone or delay the counting until it has been fully completed.


38. Will the results of the election be announced?

After the printing of election returns, the Chairman shall orally and publicly announce the total number of votes received by each candidate stating their corresponding offices, as well as the total number of votes received by a party, sectoral organization or coalition participating under the party-list system of representation.


39. What acts are prohibited?

In addition to the prohibited acts provided by law, it shall be unlawful:

• For any officer or employee of the Philippine government to influence or attempt to influence any person covered by the Overseas Absentee Voting Act to vote or not to vote, for a particular candidate;

a. For any person to deprive any person of any rights secured under the Overseas Absentee Voting Act, or to give false information as to his/her name, address, or period of residence for the purpose of establishing his/her eligibility or ineligibility to register or vote under the Overseas Absentee Voting Act; or to conspire with another person for the purpose of encouraging the giving of false information in order to establish the eligibility or ineligibility of any individual to register or vote under the Overseas Absentee Voting Act; or to pay, or offer to pay, or to accept payment either for applications to vote in absentia or for voting;

b. For any person to tamper with the ballot, the mail containing the ballots for overseas absentee voters, the election returns, including the destruction, mutilation and manipulation thereof;

c. For any person to steal, destroy, conceal, mutilate or alter any record, document or paper as required for purposes of the Overseas Absentee Voting Act;

d. For any deputized agent to refuse without justifiable ground, to serve or continue serving, or to comply with his/her sworn duties after acceptance of his/her appointment;

e. For any public officer or employee who shall cause the preparation, printing, distribution of information materials, or post the same in websites without prior approval of the Commission;

f. For any public officer or employee to cause the transfer, promotion, extension, recall of any member of the foreign service corps, including members of attached agencies, or otherwise cause the movement of any such member from his/her current post or position one (1) year before and three (3) months after the day of elections, without securing prior approval of the Commission;

g. For any person who, after being deputized by the Commission to undertake activities in connection with the implementation of the Overseas Absentee Voting Act, shall campaign for or assist, in whatever manner, candidates in the election; or

h. For any person who is not a citizen of the Philippines to participate, by word or deed, directly or indirectly through qualified organizations/ associations, in any manner and at any stage of the Philippine political process abroad, including participation in the campaign and elections.


40. What are the penalties to be imposed on a person found guilty of committing a prohibited act?

Any person found guilty of committing any of the prohibited acts, except paragraph (c), shall be punished with imprisonment without probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold public office and deprivation of the right of suffrage.

If the offender is an immigrant or permanent resident who did not resume residence in the Philippines as stipulated in his/her affidavit within three (3) years after the approval of his/her registration under the Overseas Absentee Voting Act and yet vote in the next succeeding elections, his/her name shall also be removed from the National Registry of Absentee Voters; he/she shall be permanently disqualified to vote in absentia; and his/her passport shall be stamped "not allowed to vote".