OAV amendments

Allow us to give way to the very detailed and happy updates about the Overseas Absentee Voting Law or Republic Act 9189 shared by Ms. Ellene Sana of the Center for Migrant Advocacy, Philippines (CMA-Phils) sent last January 31 to various migrant advocates and groups all throughout the world.

Ellene reported about the important highlights decided by the bicameral conference committee that recently convened “to reconcile the conflicting provisions of the House and Senate bills that seek to amend the Oav law”. 

She wrote: “..After almost 7 hours of discussions and debates, the conferees approved the substitute bill which will be brought to the respective chambers next week —perhaps Monday and Tuesday, for the final vote before it becomes law.

The most important  amendment approved was the REPEAL of the provision “requiring Filipinos overseas who are permanent residents and immigrants to execute an affidavit of intent to return and establish actual, physical permanent residence in the Philippines, 3 years following the approval of their application as overseas voter. If they vote but fail to resume residence in the Philippines, they will be penalized by imprisonment of not less than 1 year and shall be deemed disqualified as overseas absentee voter”.

The repeal of this provision will benefit our permanent residents and immigrants who numbered 4.867 million as of December 2011. 

Other important provisions include the following: 1) no more absentee in the law - the amendatory law dispenses with the word “absentee”; the short title will be known as the Overseas Voting Act of 2013; 2) institutionalization — an office for overseas voting under Comelec and the creation of the Department of Foreign Affairs Overseas Voting Secretariat will be created to institutionalize the bodies in charge of overseas voting; 3) Resident Election Registration Boards (RERB) in Manila and in foreign posts —RERB (resident election registration boards) will be created in Manila and abroad at the posts to process, approve or disapprove all applications, including deactivation, reactivation and cancellation of registration records; and ,4). for voting purposes — that it may be done either personally, by mail, or by any means as may be determined by the commission for this purpose. ... “

Those who convened were the following: from the senate, Senator Koko Pimentel, Chair of the Committee on Electoral Reforms and People’s Participation; from the house, Congressperson Barzaga, Chair of the Committee on Suffrage and Representatives Bichara, Bello and Batocabe, the principal authors of the bill. 

Also present were representatives from COMELEC, DFA and CMA  (Henry, Noel and Ellene) who served as resource persons with technical assistance ably rendered by the Congress Committees led by the Committee Secretaries. 

Ellene concluded that in “ this 15th Congress, the first amendment to RA 9189 will happen, 10 years after its enactment on February 13, 2003. Although it remains an imperfect law, surely, the amendments this congress are quite significant.”

Mabuhay ang migranteng Filipino! Padayon, Ellene and migrant advocates!!!

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