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Will Comelec implement its resolution re-enfranchising delisted overseas voters?


Comelec website still not updated

Nearly three weeks after the Commission on Elections (Comelec) unanimously passed a resolution which Comelec Chairman Sixto Brillantes, Jr. told the press “reinstates over 238,000 overseas Filipino voters who were earlier delisted for failing to beat the deadline to manifest their intent to vote in the midterm elections,” questions are being raised about whether the Comelec is serious about implementing its resolution.

Chairman Brillantes explained that the March 5, 2013 Comelec resolution means that previously delisted overseas voters will now be allowed to vote by merely appearing at the consular offices during the designated voting schedules: “They can activate it by coming out and voting when they go to vote, that’s the manifestation, the mere act of appearing.”

“The new rule will be more fair to the voters,” Brillantes said. In response to a question from the press, he replied: “This is our interpretation of the OAV law. We’re not sure if it’s mandatory.”



The Comelec’s policy change developed after Chairman Brillantes and Commissioner Grace Padaca met on March 1 at the Comelec main office in Manila with representatives of the Global Filipino Diaspora Council (GFDC) who attended the 2nd Global Summit of Filipinos in the Diaspora held in Makati on February 25-27, 2013.

In that meeting which I attended, I reminded Chairman Brillantes that at the Overseas Absentee Voters (OAV) Summit sponsored by the Comelec on September 29, 2011, he assured us that the Comelec had decided to allow the 238,557 overseas Filipino voters – who registered in 2004 but did not vote in the 2007 and 2010 elections – to cast ballots in the May 2013 elections.

“It is simply not fair to all those overseas voters who relied on your assurance that they could vote in the May 2013 elections and therefore did not register to vote during the overseas registration period from October 31, 2011 through October 31, 2012 to then delist them in December of 2012,” I said. Chairman Brillantes conceded that he indeed made the assurance.


GFDC Spokesman Atty. Ted Laguatan explained that the Comelec’s delisting order was based on a mistaken interpretation of Section 9.2 of the OAV Act of 2003 as mandatory. “You clearly have the power to remove an overseas voter who did not vote in two consecutive elections,” Laguatan said, “but you also have the power not to remove an overseas voter who did not vote in two consecutive elections.”

The OAV Act of 2003 enumerated in Section 5 all the grounds for mandatory disqualification of overseas voters and failure to vote in two consecutive elections was not listed among them.

At that point in the discussion, Chairman Brillantes turned to a panel of three Comelec lawyers and asked one of them to read the relevant OAV section which provides that the registration of the OAV voters “shall be permanent, and cannot be cancelled or amended” except when the OAV voter wishes to be removed from the list or “when the 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” (Section 9.2).


Chairman Brillantes then asked the Comelec lawyer if Section 9.2 was “mandatory”. He did not wait for the response and instead turned to us and asked if it would be alright if the delisted voters were allowed to vote in the 2016 elections instead as he thought it may be too late to include the delisted voters in the May 2013 elections.

I said that it was not alright. We had already directed a Makati law firm (Roque and Batuyan) to file a TRO in the Philippine Supreme Court if the Comelec insisted on delisting the overseas voters. But I told him, we did not want to have to spend time and money on the TRO. Besides it would only cast the Comelec in a negative light, making it even more difficult to encourage overseas voters to register in the future.

At that point the discussion turned to the practical issues of how to re-enfranchise the delisted overseas voters as automated election machines were already sent out to 7 designated places outside the Philippines. We responded that the Philippine consulates in charge of overseas voting can use a combination of written ballots and automated ballots.

At the conclusion of the meeting, Chairman Brillantes agreed to recommend to the Comelec in the meeting set for March 5 to reverse the decision delisting the overseas voters. As he later told the press, he asked Comelec commissioners “What’s wrong with the original plan that for overseas voters, showing up to vote will be the act of activation?”


On March 5, 2013, the Comelec unanimously approved Resolution No. 9653 “to extend the period of filing of the manifestation of intent to vote until the last day of voting for overseas Filipinos”. The resolution noted that “in consultation with several overseas Filipinos, overseas Filipino organizations and other interested parties, there has been a consistent clamor to extend the period to file the manifestation of intent to vote, in order to give our overseas Filipinos the opportunity to participate in the May 13, 2013 elections.”

The resolution required the concerned voters “to present themselves at the Post where they are registered and sign in the blank OVF No. 2A provided for that purpose.” But there was a catch that was added. The Comelec will “allocate ballots equivalent to 20% of the registered voters in posts where postal voting is adopted; corollary thereto, no additional allocation shall be made for posts adopting personal and automated voting considering that the ballots allocated for them is sufficient to cover the voter turnout.”

The Comelec expects only 20% of the 238,557 overseas Filipino voters who were originally delisted to actually vote so only a limited number of additional ballots will be prepared “where postal voting is adopted.” In places where personal and automated voting is adopted, no additional ballots will be provided.


Comelec Commissioner Lucenito Tagle, chair of the Committee on Overseas Absentee Voting (COAV), explained that the Comelec does not expect all of these reinstated overseas voters to actually vote this year. “Based on our studies, not all of the registered voters vote. There are many who don’t. So for these elections, we also don’t see all of them voting, even here locally,” Tagle said.

The migrant group, Migrante-Middle East (M-ME), denounced the Comelec decision to limit the number of additional ballots to accommodate the change in the resolution. “This is disenfranchisement, plain and simple… it is illogical and it does not make sense,” said John Leonard Monterona, M-ME regional coordinator.

The Comelec directed the Committee on Overseas Absentee Voting to implement this resolution. But 16 days after the resolution was adopted by the Comelec, the website has not even announced the new rule. The COAV section  ( does not even mention Resolution No. 9653 although it includes Resolution No. 9654 adopted on March 11, 2013.

When you click a box on the left side of the COAV section – “OAVs who FAILED to vote” –  it will inform readers that the “Deadline for the Submission of Manifestation of Intent: January 11, 2013 as per Resolution No. 9578.”


In the OAV section called “Forms” ( is a list of 9 downloadable forms from OAVF No. 1 to OAVF No. 1H. But OVF No. 2A – which previously delisted overseas voters need to fill out and submit to the consular offices – is not among them.

The Comelec has also not contacted the Philippine Department of Foreign Affairs (DFA) to provide direction to the consular offices that will be handling overseas voting as to what they should do.

When I asked San Francisco Consul-General Marciano Paynor, Jr. what steps are being undertaken by the consulate to inform previously delisted voters in the San Francisco Bay Area about the change in the Comelec’s policy, he said that the consular officials are still waiting for guidance from the Comelec.

So what the heck is the Comelec waiting for?


(Send comments to or mail them to the Law Offices of Rodel Rodis at 2429 Ocean Avenue, San Francisco, CA 94127 or call 415.334.7800).

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  • resortman

    Madaming atat na atat sa boto ng OFW’s, pero ang mas mahalagang pangangailangan ng sinsabing “mga bagong bayani ng bayan” ay napapabayaan. Sana tukuyin nyo muna ang mga uri ng OFW’s…manggagawa sa Saudi kumpara sa mga nasa Europa at Estados Unidos halimbawa…malaki ang agwat at iba ang kinikita man o sa layang magawa ang mga sinasabing karapatan..Karamihan ng nasa Gitnang Silangan ay mga uring manggagawa, kayod araw araw at walang panahon sa mga walang kabuluhang politikal na sistema na nagtulak sa kanila para iwanan ang mga minamahal. Ilang porsyento ba ang bumoboto sa Gitnang Silangan? Sila lang na may pakinabang tiyak..Mas kapanipaniwala ang mga layunin ninyo kung ang nsadyang nakakaapekto sa OFW’s ang inyong binibigyan ng pansin tulad ng; pagrenew ng pasaporte, pagkuha ng OEC, pakinabang sa benepisyo bilang OFW, tulong sa mga anak sa pagpapaaral ng walang masyadon red tape, edukasyon para sa magreretiro…(sa ngayon meron na, pero iilan lamang ang nakikinabang at nakakaalam)..Tulad ng mga pulitiko sa Inang Bayan, puro lang kayo satsat! di malayong mag isip ang uring manggagawa na naghahangad lang kayo ng kasikatan at mantika sa nguso…

  • Johnby

    Resortman, binabanatan mo ang mga tao na gustong makatulong sa lahat. Mukhang may galit o ingit ka sa mga Pinoy sa Estados Unidos o Europa na mas malaki ang kita o mas mahusay ang kalagayan sa mga nandoon sa Saudi o ibang lugar. Hindi nila kasalanan iyon.

    Napaka laking bagay iyon nagawa na maisuli ang privilehio ng 239,000 overseas voters
    na boboto na binabali wala mo. Mapipili ng mga votante na overseas Filipinos na derecho ang utak na bomoto para sa mahusay na candidate. Hindi nabibili o natatakot
    Ang overseas voters kaya boboto sila sa mga mahusay na candidate. Sa ganitong paraan, mapapahusay natin ang bayan natin na Pilipinas. Steady ka lang adre.

  • kram

    Dito kc sa Middle East ay palipat lipat ang destinasyon ng mga Filipino. Like me, ilang beses ng gusto kong bumoto pero yung pangalan ko nasa ibang lugar, then di ako pina payagang bumoto.Nung nasa khobar ako, yung name ko daw nasa Riyadh. Last election pinalipat ko dito sa Khobar pero nasa riyadh pa din daw kaya di ako naka boto. Nung nasa POEA ako, may absentee Voting registration don, nag inquire ako then sinabi ko yung case ko at pinalipat ko na lang sa Jeddah kasi don ang bago kong destinasyon, nang check in ko recently yung name ko, andon nga sa Jeddah, nakalista naman don sa tatanggalin na kc twice na daw akong di bumoboto……..Ang gulo…

    Sana nga payagan ng bumoto ang lahat kc chance ko ng bumoto kc di pa ako malilipat ng destinasyon until this coming eleksyon…

  • Rey

    The OFWs were disenfranchised because most of them have been enlightened and will likely vote intelligently. Why is there a need to disqualify those who were not able to vote during the last 2 elections? Just make a real-time, Internet-based database to record their passport numbers and names so they can’t vote more than once! Only make sure they have their passports with them when voting. Mahirap ba yun?

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