Republic of the Philippines

Congress of the Philippines

Metro Manila
Twelfth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the
twenty-second day of July, two thousand two.
Republic Act No. 9189 Februar 1!" #$$!
AN ACT PR%&'('N) F%R A S*ST+, %F
%&+RS+AS A-S+NT++ &%T'N) -*
./A0'F'+( C'T'1+NS %F T2+
P2'0'PP'N+S A-R%A(" APPR%PR'AT'N)
F/N(S T2+R+F%R" AN( F%R %T2+R
P/RP%S+S
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
Section 1. Short Title. This Act shall be known as
The !"erseas Absentee #oting Act of $%%&.
Sec. #. 'eclaration of (olicy. )t is the *ri+e duty
of the State to *ro"ide a syste+ of honest and
orderly o"erseas absentee "oting that u*holds the
secrecy and sanctity of the ballot. Towards this end,
the State ensures e,ual o**ortunity to all ,ualified
citi-ens of the (hili**ines abroad in the e.ercise of
this funda+ental right.
Sec. !. 'efinition of Ter+s. /or *ur*oses of this
Act:
a. Absentee #oting refers to the *rocess by
which ,ualified citi-ens of the (hili**ines
abroad e.ercise their right to "ote0
b. 1o++ission refers to the 1o++ission
on 2lections0
c. 1ertified 3ist of !"erseas Absentee
#oters refers to the list of registered
o"erseas absentee "oters whose a**lications
to "ote in absentia ha"e been a**ro"ed by
the 1o++ission, said list to be *re*ared by
the 1o++ittee on Absentee #oting of the
1o++ission, on a country-by-country basis.
This list shall be a**ro"ed by the
1o++ission in an en banc resolution0
d. 'ay of 2lection refers to the actual date
of elections in the (hili**ines0
e. 4ational 5egistry of Absentee #oters
refers to the consolidated list *re*ared,
a**ro"ed and +aintained by the
1o++ission, of o"erseas absentee "oters
whose a**lications for registration as
absentee "oters, including those registered
"oters who ha"e a**lied to be certified as
absentee "oters, ha"e been a**ro"ed by the
2lection 5egistered Board0
f. !"erseas Absentee #oter refers to a
citi-en of the (hili**ines who is ,ualified to
register and "ote under this Act, not
otherwise dis,ualified by law, who is abroad
on the day of elections.
Sec. 3. 1o"erage. All citi-ens of the (hili**ines
abroad, who are not otherwise dis,ualified by law,
at least eighteen 6789 years of age on the day of
elections, +ay "ote for *resident, "ice-*resident,
senators and *arty-list re*resentati"es.
Sec. 4. 'is,ualifications. The following shall be
dis,ualified fro+ "oting under this Act:
7. Those who ha"e lost their /ili*ino
citi-enshi* in accordance with (hili**ine
laws0
$. Those who ha"e e.*ressly renounced
their (hili**ine citi-enshi* and who ha"e
*ledged allegiance to a foreign country0
&. Those who ha"e co++itted and are
con"icted in a final :udg+ent by a court or
tribunal of an offense *unishable by
i+*rison+ent of not less than one 679 year,
including those who ha"e co++itted and
been found guilty of 'isloyalty as defined
under Article 7&; of the 5e"ised (enal
1ode, such disability not ha"ing been
re+o"ed by *lenary *ardon or a+nesty0
(ro"ided, howe"er, That any *erson
dis,ualified to "ote under this subsection
shall auto+atically ac,uire the right to "ote
u*on e.*iration of fi"e 6<9 years after
ser"ice of sentence0 (ro"ided, further, That
the 1o++ission +ay take cogni-ance of
final :udg+ents issued by foreign courts or
tribunals only on the basis of reci*rocity and
sub:ect to the for+alities and *rocesses
*rescribed by the 5ules of 1ourt on
e.ecution of :udg+ents0
=. An i++igrant or a *er+anent resident
who is recogni-ed as such in the host
country, unless he>she e.ecutes, u*on
registration, an affida"it *re*ared for the
*ur*ose by the 1o++ission declaring that
he>she shall resu+e actual *hysical
*er+anent residence in the (hili**ines not
later than three 6&9 years fro+ a**ro"al of
his>her registration under this Act. Such
affida"it shall also state that he>she has not
a**lied for citi-enshi* in another country.
/ailure to return shall be the cause for the
re+o"al of the na+e of the i++igrant or
*er+anent resident fro+ the 4ational
5egistry of Absentee #oters and his>her
*er+anent dis,ualification to "ote in
absentia.
<. Any citi-en of the (hili**ines abroad
*re"iously declared insane or inco+*etent
by co+*etent authority in the (hili**ines or
abroad, as "erified by the (hili**ine
e+bassies, consulates or foreign ser"ice
establish+ents concerned, unless such
co+*etent authority subse,uently certifies
that such *erson is no longer insane or
inco+*etent.
Sec. 5. (ersonal !"erseas Absentee 5egistration.
5egistration as an o"erseas absentee "oter shall be
done in *erson.
?ualified citi-ens of the (hili**ines abroad who
failed to register under 5e*ublic Act 4o. 878@,
otherwise known as the The #oters 5egistration
Act of 7@@A, +ay *ersonally a**ly for registration
with the 2lection 5egistration Board of the city or
+unici*ality where they were do+iciled
i++ediately *rior to their de*arture fro+ the
(hili**ines, or with the re*resentati"e of the
1o++ission at the (hili**ine e+bassies, consulates
and other foreign ser"ice establish+ents that ha"e
:urisdiction o"er the locality where they te+*orarily
reside. Sub:ect to the s*ecific guidelines herein
*ro"ided, the 1o++ission is hereby authori-ed to
*rescribe additional *rocedures for o"erseas
absentee registration *ursuant to the *ro"isions of
5e*ublic Act 4o. 878@, whene"er a**licable, taking
into strict consideration the ti+e -ones and the
"arious *eriods and *rocesses herein *ro"ided for
the *ro*er i+*le+entation of this Act. The
e+bassies, consulates and other foreign ser"ice
establish+ents shall trans+it within 6<9 days fro+
recei*t the acco+*lished registration for+s to the
1o++ission, after which the 1o++ission shall
coordinate with the 2lection !fficer of the city or
+unici*ality of the a**licantBs stated residence for
"erification, hearing and annotation in the
*er+anent list of "oters.
All a**lications for the May, $%%= elections shall be
filed with the 1o++ission not later than two
hundred eighty 6$8%9 calendar days before the day
of elections. /or succeeding elections, the
1o++ission shall *ro"ide for the *eriod within
which a**lications to register +ust be filed.
)n the case of seafarers, the 1o++ission shall
*ro"ide a s*ecial +echanis+ for the ti+e and
+anner of *ersonal registration taking into
consideration the nature of their work.
A.7. C*on recei*t of the a**lication for
registration, the 2lection !fficer shall
i++ediately set the a**lication for hearing,
the notice of which shall be *osted in a
cons*icuous *lace in the *re+ises of the city
or +unici*al building of the a**licantBs
stated residence for at least one 679 week
before the date of the hearing. The 2lection
!fficer shall i++ediately furnish a co*y of
the a**lication to the designated
re*resentati"es of *olitical *arties and other
accredited grou*s.
A.$. )f no "erified ob:ection to the
a**lication is filed, the 2lection !fficer
shall i++ediately forward the a**lication to
the 2lection 5egistration Board, which shall
decide on the a**lication within one 679
week fro+ the date of hearing without
waiting for the ,uarterly +eeting of the
Board. The a**licant shall be notified of the
a**ro"al or disa**ro"al of his>her
a**lication by registered +ail.
A.&. )n the e"ent that an ob:ection to the
a**lication is filed *rior to or on the date of
hearing, the 2lection !fficer shall notify the
a**licant of said ob:ection by registered
+ail, enclosing therein co*ies of affida"its
or docu+ents sub+itted in su**ort of the
ob:ection filed with the said 2lection
!fficer, if any. The a**licant shall ha"e the
right to file his counter-affida"it by
registered +ail, clearly stating therein facts
and defenses sworn before any officer in the
host country authori-ed to ad+inister oaths.
A.=. The a**lication shall be a**ro"ed or
disa**ro"ed based on the +erits of the
ob:ection, counter-affida"it and docu+ents
sub+itted by the *arty ob:ecting and those
of the a**licant.
A.< A 1ertificate of 5egistration as an
o"erseas absentee "oter shall be issued by
the 1o++ission to all a**licants whose
a**lications ha"e been a**ro"ed, including
those certified as registered "oters. The
1o++ission shall include the a**ro"ed
a**lications in the 4ational 5egistry of
Absentee #oters.
A.A. )f the a**lication has been a**ro"ed,
any interested *arty +ay file a *etition for
e.clusion not later than two hundred ten
6$7%9 days before the day of elections with
the *ro*er +unici*al or +etro*olitan trial
court. The *etition shall be decided within
fifteen 67<9 days after its filing on the basis
of the docu+ents sub+itted in connection
therewith. Should the court fail to render a
decision within the *rescribed *eriod, the
ruling of the 2lection 5egistration Board
shall be considered affir+ed.
A.;. )f the a**lication has been disa**ro"ed,
the a**licant or his authori-ed re*resentati"e
shall, within a *eriod of fi"e 6<9 days fro+
recei*t of the notice of disa**ro"al, ha"e the
right to file a *etition for inclusion with the
*ro*er +unici*al or +etro*olitan trial court.
The *etition shall be decided within fi"e 6<9
days after its filing on the basis of
docu+ents sub+itted in connection
therewith.
?ualified citi-ens of the (hili**ines abroad, who
ha"e *re"iously registered as "oters *ursuant to
5e*ublic Act 4o. 878@ shall a**ly for certification
as absentee "oters and for inclusion in the 4ational
5egistry of !"erseas Absentee #oters, with a
corres*onding annotation in the 1ertified #otersB
3ist.
Sec. 6. Syste+ of 1ontinuing 5egistration. The
1o++ission shall ensure that the benefits of the
syste+ of continuing registration are e.tended to
,ualified o"erseas absentee "oters. Towards this
end, the 1o++ission shall o*ti+i-e the use of
e.isting facilities, *ersonnel and +echanis+s of the
"arious go"ern+ent agencies for *ur*oses of data
gathering, data "alidation, infor+ation
disse+ination and facilitation of the registration
*rocess.
(re-de*arture *rogra+s, ser"ices and +echanis+s
offered and ad+inistered by the 'e*art+ent of
/oreign Affairs, 'e*art+ent of 3abor and
2+*loy+ent, (hili**ine !"erseas 2+*loy+ent
Ad+inistration, !"erseas DorkersB Delfare
Ad+inistration, 1o++ission on /ili*inos !"erseas
and other a**ro*riate agencies of the go"ern+ent
shall be utili-ed for *ur*oses of su**orting the
o"erseas absentee registration and "oting *rocesses,
sub:ect to li+itations i+*osed by law.
Sec. 8. 5e,uire+ents for 5egistration. 2"ery
/ili*ino registrant shall be re,uired to furnish the
following docu+ents:
a. A "alid (hili**ine *ass*ort. )n the absence
of a "alid *ass*ort, a certification of the
'e*art+ent of /oreign Affairs that it has
re"iewed the a**ro*riate docu+ents
sub+itted by the a**licant and found the+
sufficient to warrant the issuance of a
*ass*ort, or that the a**licant is a holder of a
"alid *ass*ort but is unable to *roduce the
sa+e for a "alid reason0
b. Acco+*lished registration for+
*rescribed by the 1o++ission containing
the following +andatory infor+ation:
i. 3ast known residence of the
a**licant in the (hili**ines before
lea"ing for abroad0
ii. Address of a**licant abroad, or
forwarding address in the case of
seafarers0
iii. Dhere "oting by +ail is allowed,
the a**licantBs +ailing address
outside the (hili**ines where the
ballot for absentee "oters will be
sent, in *ro*er cases0 and0
i". 4a+e and address of a**licantBs
authori-ed re*resentati"e in the
(hili**ines for *ur*oses of Section
A.; and Section 7$ hereof.
c. )n the case of i++igrants and *er+anent
residents not otherwise dis,ualified to "ote
under this Act, an affida"it declaring the
intention to resu+e actual *hysical
*er+anent residence in the (hili**ines not
later than three 6&9 years after a**ro"al of
his>her registration as an o"erseas absentee
"oter under this Act. Such affida"it shall
also state that he>she has not a**lied for
citi-enshi* in another country.
The 1o++ission +ay also re,uire additional data to
facilitate registration and recording. 4o infor+ation
other than those necessary to establish the identity
and ,ualification of the a**licant shall be re,uired.
Sec. 9. 4ational 5egistry of !"erseas Absentee
#oters. The 1o++ission shall +aintain a 4ational
5egistry of !"erseas Absentee #oters. A**ro"ed
a**lications of o"erseas absentee registrants shall
also be included in the *er+anent list of "oters of
the city or +unici*ality where the registrant is
do+iciled, with the corres*onding annotation that
such *erson has been registered or will be "oting as
an o"erseas absentee "oter. The registry shall also
include those registered under 5e*ublic Act 4o.
878@ and who ha"e been issued certifications as
o"erseas absentee "oters. The entries in the 4ational
5egistry of !"erseas Absentee #oters and the
annotations as o"erseas absentee "oters in the
1ertified #otersB 3ist shall be *er+anent, and
cannot be cancelled or a+ended e.ce*t in any of the
following cases:
@.7. Dhen the o"erseas absentee "oter files a
letter under oath addressed to the
1o++ission that he>she wishes to be
re+o"ed fro+ the 5egistry of !"erseas
Absentee #oters, or that his>her na+e be
transferred to the regular registry of "oters0
or,
@.$. Dhen an o"erseas absentee "oterBs
na+e was ordered re+o"ed by the
1o++ission fro+ the 5egistry of !"erseas
Absentee #oters for his>her failure to
e.ercise his>her right to "ote under this Act
for two 6$9 consecuti"e national elections.
Sec. 1$. 4otice of 5egistration and 2lection. The
1o++ission shall, through the e+bassies,
consulates and other foreign ser"ice establish+ents,
cause the *ublication in a news*a*er of general
circulation of the *lace, date and ti+e of the holding
of a regular or s*ecial national election and the
re,uire+ents for the *artici*ation of ,ualified
citi-ens of the (hili**ines abroad, at least si. 6A9
+onths before the date set for the filing of
a**lications for registration.
The 1o++ission shall deter+ine the countries
where *ublication shall be +ade, and the fre,uency
thereof, taking into consideration the nu+ber of
o"erseas /ili*inos *resent in such countries.
3ikewise, the 1o++ission and the 'e*art+ent of
/oreign Affairs shall *ost the sa+e in their
res*ecti"e websites.
Sec. 11. (rocedure for A**lication to #ote in
Absentia.
77.7. 2"ery ,ualified citi-en of the
(hili**ines abroad whose a**lication for
registration has been a**ro"ed, including
those *re"iously registered under 5e*ublic
Act 4o. 878@, shall, in e"ery national
election, file with the officer of the e+bassy,
consulate or other foreign ser"ice
establish+ent authori-ed by the
1o++ission, a sworn written a**lication to
"ote in a for+ *rescribed by the
1o++ission. The authori-ed officer of such
e+bassy, consulate or other foreign ser"ice
establish+ent shall trans+it to the
1o++ission the said a**lication to "ote
within fi"e 6<9 days fro+ recei*t thereof.
The a**lication for+ shall be acco+*lished
in tri*licate and sub+itted together with the
*hotoco*y of his>her o"erseas absentee "oter
certificate of registration.
77.$. 2"ery a**lication to "ote in absentia
+ay be done *ersonally at, or by +ail to, the
e+bassy, consulate or foreign ser"ice
establish+ent, which has :urisdiction o"er
the country where he>she has indicated
his>her address for *ur*oses of the elections.
77.&. 1onsular and di*lo+atic ser"ices
rendered in connection with the o"erseas
absentee "oting *rocesses shall be +ade
a"ailable at no cost to the o"erseas absentee
"oter.
Sec. 1#. #erification and A**ro"al of A**lication to
#ote. All a**lications shall be acted u*on by the
1o++ission u*on recei*t thereof, but in no case
later than one hundred fifty 67<%9 days before the
day of elections. )n the e"ent of disa**ro"al of the
a**lication, the "oter or his authori-ed
re*resentati"e +ay file a Motion for
5econsideration with the 1o++ission *ersonally, or
by registered +ail, within ten 67%9 days fro+ recei*t
of the notice of disa**ro"al. The 1o++ission shall
act within fi"e 6<9 days fro+ recei*t of such Motion
for 5econsideration and shall i++ediately notify
the "oter of its decision. The decision of the
1o++ission shall be final and e.ecutory.
The 1o++ission shall issue an o"erseas absentee
"oter identification card to those whose a**lications
to "ote ha"e been a**ro"ed.
Sec. 1!. (re*aration and (osting of 1ertified 3ist of
!"erseas Absentee #oters. The 1o++ission shall
*re*are the 1ertified 3ist of !"erseas Absentee
#oters within one hundred twenty 67$%9 days before
e"ery election, and furnish within the sa+e *eriod
co*ies thereof to the a**ro*riate e+bassies,
consulates and other foreign ser"ice establish+ents,
which shall *ost the sa+e in their bulletin boards
within ten 67%9 days fro+ recei*t thereof.
Sub:ect to reasonable regulation and the *ay+ent of
fees in such a+ounts as +ay be fi.ed by the
1o++ission, the candidates, *olitical *arties,
accredited citi-ensB ar+s, interested *ersons and all
e+bassies, consulates and other foreign ser"ice
establish+ents shall be furnished co*ies thereof.
Sec. 13. (rinting and Trans+ittal of Ballots, #oting
)nstructions, 2lection /or+s and (ara*hernalia.
7=.7. The 1o++ission shall cause the
*rinting of ballots for o"erseas absentee
"oters, "oting instructions, and election
for+s in such nu+ber as +ay be necessary,
but in no case shall it e.ceed the total
nu+ber of a**ro"ed a**lications. Security
+arkings shall be used in the *rinting of
ballots for o"erseas absentee "oters.
7=.$. The 1o++ission shall *resent to the
authori-ed re*resentati"es of the 'e*art+ent
of /oreign Affairs and the accredited +a:or
*olitical *arties the ballots for o"erseas
absentee "oters, "oting instructions, election
for+s and other election *ara*hernalia for
scrutiny and ins*ection *rior to their
trans+ittal to the e+bassies, consulates and
other foreign ser"ice establish+ents
concerned.
7=.&. The 1o++ission shall, not later than
se"enty-fi"e 6;<9 days before the day of
elections, trans+it by s*ecial *ouch to the
e+bassies, consulates and other foreign
ser"ice establish+ents, the e.act nu+ber of
ballots for o"erseas absentee "oters
corres*onding to the nu+ber of a**ro"ed
a**lications, along with such +aterials and
election *ara*hernalia necessary to ensure
the secrecy and integrity of the election.
7=.=. The authori-ed re*resentati"es of
accredited +a:or *olitical *arties shall ha"e
the right to be *resent in all *hases of
*rinting, trans+ittal, and casting of ballots
abroad. Cnclai+ed ballots *ro*erly +arked
as such, shall be cancelled and shi**ed to
the 1o++ission by the least costly +ethod.
Sec. 14. 5egulation on 1a+*aigning Abroad. The
use of ca+*aign +aterials, as well as the li+its on
ca+*aign s*ending shall be go"erned by the laws
and regulations a**licable in the (hili**ines.
Sec. 15. 1asting and Sub+ission of Ballots.
7A.7. C*on recei*t by the designated officer
of the e+bassy, consulate and other foreign
ser"ice establish+ents of the ballots for
o"erseas absentee "oters, "oting
instructions, election for+s and other
*ara*hernalia, he>she shall +ake the+
a"ailable on the *re+ises to the ,ualified
o"erseas absentee "oters in their res*ecti"e
:urisdictions during the thirty 6&%9 days
before the day of elections when o"erseas
absentee "oters +ay cast their "ote.
)++ediately u*on recei"ing it, the o"erseas
absentee "oter +ust fill-out his>her ballot
*ersonally, in secret, without lea"ing the
*re+ises of the e+bassies, consulates and
other foreign ser"ice establish+ents
concerned.
7A.$. The o"erseas absentee "oter shall
*ersonally acco+*lish his>her ballot at the
e+bassy, consulate or other foreign ser"ice
establish+ent that has :urisdiction o"er the
country where he>she te+*orarily resides or
at any *olling *lace designated and
accredited by the 1o++ission.
7A.&. The o"erseas absentee "oter shall cast
his ballot, u*on *resentation of the absentee
"oter identification card issued by the
1o++ission, within thirty 6&%9 days before
the day of elections. )n the case of seafarers,
they shall cast their ballots anyti+e within
si.ty 6A%9 days before the day of elections as
*rescribed in the )+*le+enting 5ules and
Euidelines.
7A.=. All acco+*lished ballots recei"ed shall
be *laced uno*ened inside sealed containers
and ke*t in a secure *lace designated by the
1o++ission.
7A.<. The e+bassies, consulates and other
foreign ser"ice establish+ents concerned
shall kee* a co+*lete record of the ballots
for o"erseas absentee "oters, s*ecifically
indicating the nu+ber of ballots they
actually recei"ed, and in cases where "oting
by +ail is allowed under Section 7; hereof,
the na+es and addresses of the "oters to
who+ these ballots were sent, including
*roof of recei*t thereof. )n addition, the
e+bassies, consulates and other foreign
ser"ice establish+ents shall sub+it a for+al
re*ort to the 1o++ission and the Joint
1ongressional !"ersight 1o++ittee created
under this Act within thirty 6&%9 days fro+
the day of elections. Such re*ort shall
contain data on the nu+ber of ballots cast
and recei"ed by the offices, the nu+ber of
in"alid and unclai+ed ballots and other
*ertinent data.
7A.A. The o"erseas absentee "oter shall be
instructed that his>her ballot shall not be
counted if it is not inside the s*ecial
en"elo*e furnished hi+>her when it is cast.
7A.;. Ballots not clai+ed by the o"erseas
absentee "oters at the e+bassies, consulates
and other foreign ser"ice establish+ents, in
case of *ersonal "oting, and ballots returned
to the e+bassies, consulates and other
foreign ser"ice establish+ents concerned, in
the case of "oting by +ail, shall be cancelled
and shi**ed to the 1o++ission by the least
costly +ethod within si. 6A9 +onths fro+
the day of elections.
7A.8. !nly ballots cast, and +ailed ballots
recei"ed by the (hili**ine e+bassies,
consulates and other foreign ser"ice
establish+ents concerned in accordance
with Section 7; hereof before the close of
"oting on the day of elections shall be
counted in accordance with Section 78
hereof. All en"elo*es containing the ballots
recei"ed by the e+bassies, consulates and
other foreign ser"ice establish+ents after the
*rescribed *eriod shall not be o*ened, and
shall be cancelled and shi**ed to the
1o++ission by the least costly +ethod
within si. 6A9 +onths fro+ the day of
elections.
7A.@. A S*ecial Ballot 5ece*tion and
1ustody Erou* co+*osed of three 6&9
+e+bers shall be constituted by the
1o++ission fro+ a+ong the staff of the
e+bassies, consulates and other foreign
ser"ice establish+ents concerned, including
their attached agencies, and citi-ens of the
(hili**ines abroad, who will be de*uti-ed to
recei"e ballots and take custody of the sa+e
*re*aratory to their trans+ittal to the S*ecial
Boards of 2lection )ns*ectors.
7A.7%. 'uring this *hase of the election
*rocess, the authori-ed re*resentati"es of the
*olitical *arties, candidates, and accredited
citi-ensB ar+s of the 1o++ission shall be
notified in writing thereof and shall ha"e the
right to witness the *roceedings.
7A.77. The 1o++ission shall study the use
of electronic +ail, )nternet, or other secured
networks in the casting of "otes, and sub+it
a re*ort thereon to the Joint 1ongressional
!"ersight 1o++ittee.
Sec. 16. #oting by Mail.
7;.7. /or the May, $%%= elections, the
1o++ission shall authori-e "oting by +ail
in not +ore than three 6&9 countries, sub:ect
to the a**ro"al of the 1ongressional
!"ersight 1o++ittee. #oting by +ail +ay
be allowed in countries that satisfy the
following conditions:
a. Dhere the +ailing syste+ is fairly
well-de"elo*ed and secure to *re"ent
the occasion of fraud0
b. Dhere there e.ists a technically
established identification syste+ that
would *reclude +ulti*le or *ro.y
"oting0 and,
c. Dhere the syste+ of rece*tion and
custody of +ailed ballots in the
e+bassies, consulates and other
foreign ser"ice establish+ents
concerned are ade,uate and well-
secured.
Thereafter, "oting by +ail in any country
shall be allowed only u*on re"iew and
a**ro"al of the Joint 1ongressional
!"ersight 1o++ittee.
7;.$. The o"erseas absentee "oters shall
send his>her acco+*lished ballot to the
corres*onding e+bassy, consular or other
foreign ser"ice establish+ent that has
:urisdiction o"er the country where he>she
te+*orarily resides. Fe>She shall be entitled
to cast his>her ballot at any ti+e u*on his>her
recei*t thereof, *ro"ided that the sa+e )s
recei"ed before the close of "oting on the
day of elections. The o"erseas absentee
"oter shall be instructed that his>her ballot
shall not be counted if not trans+itted in the
s*ecial en"elo*e furnished hi+>her.
7;.&. !nly +ailed ballots recei"ed by the
(hili**ine e+bassy, consulate and other
foreign ser"ice establish+ents before the
close of "oting on the day of elections shall
be counted in accordance with Section 78
hereof. All en"elo*es containing the ballots
recei"ed by the e+bassies, consulates and
other foreign ser"ice establish+ents after the
*rescribed *eriod shall not be o*ened, and
shall be cancelled and dis*osed of
a**ro*riately, with a corres*onding re*ort
thereon sub+itted to the 1o++ission not
later than thirty 6&%9 days fro+ the day of
elections.
Sec. 18. !n-Site 1ounting and 1an"assing.
78.7. The counting and can"assing of "otes
shall be conducted on site in the country
where the "otes were actually cast. The
o*ening of the s*ecially-+arked en"elo*es
containing the ballots and the counting and
can"assing of "otes shall be conducted
within the *re+ises of the e+bassies,
consulates and other foreign ser"ice
establish+ents or in such other *laces as
+ay be designated by the 1o++ission
*ursuant to the )+*le+enting 5ules and
5egulations. The 1o++ission shall ensure
that the start of counting in all *olling *laces
abroad shall be synchroni-ed with the start
of counting in the (hili**ines.
78.$. /or these *ur*oses, the 1o++ission
shall constitute as +any S*ecial Boards of
2lection )ns*ectors as +ay be necessary to
conduct and su*er"ise the counting of "otes
as *ro"ided in Section 78.$ hereof. The
S*ecial Boards of 2lection )ns*ectors to be
constituted herein shall be co+*osed of a
1hair+an and two 6$9 +e+bers, one 679 of
who+ shall be designated as *oll clerk. The
a+bassador or consul-general, or any career
*ublic officer *osted abroad designated by
the 1o++ission, as the case +ay be, shall
act as the chair+an0 in the absence of other
go"ern+ent officers, the two 6$9 other
+e+bers shall be citi-ens of the (hili**ines
who are ,ualified to "ote under this act and
de*uti-ed by the 1o++ission not later than
si.ty 6A%9 days before the day of elections.
All resolutions of the S*ecial Board of
2lection )ns*ectors on issues brought before
it during the conduct of its *roceedings shall
be "alid only when they carry the a**ro"al
of the chair+an.
)++ediately u*on the co+*letion of the
counting, the S*ecial Boards of 2lection
)ns*ectors shall trans+it "ia facsi+ile and>or
electronic +ail the results to the
1o++ission in Manila and the accredited
+a:or *olitical *arties.
78.&. !nly ballots cast on, or recei"ed by the
e+bassies, consulates and other foreign
ser"ice establish+ents before the close of
"oting on the day of elections shall be
included in the counting of "otes. Those
recei"ed afterwards shall not be counted.
78.=. A S*ecial Board of 1an"assers
co+*osed of a lawyer *referably of the
1o++ission as chair+an, a senior career
officer fro+ any of the go"ern+ent agencies
+aintaining a *ost abroad and, in the
absence of another go"ern+ent officer, a
citi-en of the (hili**ines ,ualified to "ote
under this Act de*uti-ed by the
1o++ission, as "ice-chair+an and +e+ber-
secretary, res*ecti"ely, shall be constituted
to can"ass the election returns sub+itted to
it by the S*ecial Boards of 2lection
)ns*ectors. )++ediately u*on the
co+*letion of the can"ass, the chair+an of
the S*ecial Board of 1an"assers shall
trans+it "ia facsi+ile, electronic +ail, or
any other +eans of trans+ission e,ually safe
and reliable the 1ertificates of 1an"ass and
the State+ents of #otes to the 1o++ission,
and shall cause to *reser"e the sa+e
i++ediately after the conclusion of the
can"ass, and +ake it a"ailable u*on
instructions of the 1o++ission. The S*ecial
Board of 1an"assers shall also furnish the
accredited +a:or *olitical *arties and
accredited citi-ensB ar+s with co*ies thereof
"ia facsi+ile, electronic +ail and any other
+eans of trans+ission e,ually safe, secure
and reliable.
The 1ertificates of 1an"ass and the
acco+*anying State+ents of #otes as
trans+itted "ia facsi+ile, electronic +ail
and any other +eans of trans+ission e,ually
safe, secure and reliable shall be the *ri+ary
basis for the national can"ass.
78.<. The can"ass of "otes shall not cause
the delay of the *rocla+ation of a winning
candidate if the outco+e of the election will
not be affected by the results thereof.
4otwithstanding the foregoing, the
1o++ission is e+*owered to order the
*rocla+ation of winning candidates des*ite
the fact that the scheduled election has not
taken *lace in a *articular country or
countries, if the holding of elections therein
has been rendered i+*ossible by e"ents,
factors and circu+stances *eculiar to such
country or countries, and which e"ents,
factors and circu+stances are beyond the
control or influence of the 1o++ission.
78.A. )n the *re*aration of the final tally of
"otes on the results of the national elections,
the 1o++ission shall ensure that the "otes
can"assed by each and e"ery country shall
be reflected as a se*arate ite+ fro+ the tally
of national "otes. /or *ur*oses of this Act,
the returns of e"ery election for *resident
and "ice-*resident *re*ared by the S*ecial
Board of 1an"assers shall be dee+ed a
certificate of can"ass of a city or *ro"ince.
78.;. Dhere feasible, the counting and
can"assing of "otes shall be auto+ated.
Towards this end, the 1o++ission is hereby
authori-ed to borrow, rent, lease or ac,uire
auto+ated "oting +achines for *ur*oses of
can"assing and counting of "otes *ursuant to
the *ro"isions of this Act, and in accordance
with the )+*le+enting 5ules and
5egulations *ro+ulgated by the
1o++ission.
Sec. 19. Authority of the 1o++ission to
(ro+ulgate 5ules. The 1o++ission shall issue
the necessary rules and regulations to effecti"ely
i+*le+ent the *ro"isions of this Act within si.ty
6A%9 days fro+ the effecti"ity of this Act. The
)+*le+enting 5ules and 5egulations shall be
sub+itted to the Joint 1ongressional !"ersight
1o++ittee created by "irtue of this Act for *rior
a**ro"al.
)n the for+ulation of the rules and regulations, the
1o++ission shall coordinate with the 'e*art+ent
of /oreign Affairs, 'e*art+ent of 3abor and
2+*loy+ent, (hili**ine !"erseas and 2+*loy+ent
Ad+inistration, !"erseas DorkersB Delfare
Ad+inistration and the 1o++ission on /ili*inos
!"erseas. 4on-go"ern+ent organi-ations and
accredited /ili*ino organi-ations or associations
abroad shall be consulted.
Sec. #$. )nfor+ation 1a+*aign. The 1o++ission,
in coordination with agencies concerned, shall
undertake an infor+ation ca+*aign to educate the
*ublic on the +anner of absentee "oting for
,ualified o"erseas absentee "oters. )t +ay re,uire
the su**ort and assistance of the 'e*art+ent of
/oreign Affairs, through the e+bassies, consulates
and other foreign ser"ice establish+ents,
'e*art+ent of 3abor and e+*loy+ent, 'e*art+ent
of Trans*ortation and 1o++unications, (hili**ine
(ostal 1or*oration, (hili**ine !"erseas
2+*loy+ent Ad+inistration, !"erseas DorkersB
Delfare Ad+inistration and the 1o++ission on
/ili*inos !"erseas. The 1o++ission +ay de*uti-e
/ili*ino organi-ations>associations o"erseas for the
sa+e *ur*ose: (ro"ided, That any such de*uti-ed
organi-ation>association shall be *rohibited fro+
*artici*ating in the elections by ca+*aigning for or
fielding candidates0 (ro"ided, further, That if any
such de*uti-ed organi-ation>association is
disco"ered to ha"e a +e+ber who is not a ,ualified
o"erseas absentee "oter as herein defined, such
de*uti-ed organi-ation>association shall be banned
fro+ *artici*ating in any +anner, and at any stage,
in the (hili**ine *olitical *rocess abroad.
Such infor+ation ca+*aign shall educate the
/ili*ino *ublic, within and outside the (hili**ines,
on the rights of o"erseas absentee "oters, absentee
"oting *rocesses and other related concerns.
)nfor+ation +aterials shall be de"elo*ed by the
1o++ission for distribution, through the said
go"ern+ent agencies and *ri"ate organi-ations. 4o
go"ern+ent agency or accredited *ri"ate
organi-ations shall *re*are, *rint, distribute or *ost
in websites any infor+ation +aterial without the
*rior a**ro"al of the 1o++ission.
Sec. #1. Access to !fficial 5ecords and 'ocu+ents.
Sub:ect to the *ertinent *ro"isions of this Act, any
*erson shall ha"e the right to access and>or co*y at
his e.*ense all registration records, "oters lists and
other official records and docu+ents, sub:ect to
reasonable regulations as +ay be i+*osed by the
1o++ission.
Sec. ##. Assistance fro+ Eo"ern+ent Agencies.
All go"ern+ent officers, *articularly fro+ the
'e*art+ent of /oreign Affairs, 'e*art+ent of
3abor and 2+*loy+ent, 'e*art+ent of
Trans*ortation and 1o++unications, (hili**ine
(ostal 1or*oration, (hili**ine !"erseas
2+*loy+ent Ad+inistration, !"erseas DorkersB
Delfare Ad+inistration, 1o++ission on /ili*inos
!"erseas and other go"ern+ent offices concerned
with the welfare of the /ili*inos o"erseas shall, to
the e.tent co+*atible with their *ri+ary
res*onsibilities, assist the 1o++ission in carrying
out the *ro"isions of this Act. All such agencies or
officers thereof shall take reasonable +easures to
e.*edite all election acti"ities, which the
1o++ission shall re,uire of the+. Dhen necessary,
the 1o++ission +ay send su*er"isory tea+s
headed by career officers to assist the e+bassies,
consulates and other foreign ser"ice establish+ent
concerned.
Sec. #!. Security Measures to Safeguard the
Secrecy and Sanctity of Ballots. At all stages of
the electoral *rocess, the 1o++ission shall ensure
that the secrecy and integrity of the ballots are
*reser"ed. The 1o++ittee on Absentee #oting of
the 1o++ission shall be res*onsible for ensuring
the secrecy and sanctity of the absentee "oting
*rocess. )n the interest of trans*arency, all
necessary and *racticable +easures shall be ado*ted
to allow re*resentation of the candidates, accredited
+a:or *olitical *arties, accredited citi-ensB ar+s and
non-go"ern+ent organi-ations to assist, and
inter"ene in a**ro*riate cases, in all stages of the
electoral e.ercise and to *re"ent any and all for+s
of fraud and coercion.
4o officer or +e+ber of the foreign ser"ice cor*s,
including those belonging to attached agencies shall
be transferred, *ro+oted, e.tended, recalled or
otherwise +o"ed fro+ his current *ost or *osition
one 679 year before and three 6&9 +onths after the
day of elections, e.ce*t u*on the a**ro"al of the
1o++ission.
Sec. #3. (rohibited Acts. )n addition to the
*rohibited acts *ro"ided by law, it shall be
unlawful:
$=.7. /or any officer or e+*loyee of the
(hili**ine go"ern+ent to influence or
atte+*t to influence any *erson co"ered by
this Act to "ote, or not to "ote, for a
*articular candidate. 4othing in this Act
shall be dee+ed to *rohibit free discussion
regarding *olitics or candidates for *ublic
office.
$=.$. /or any *erson to de*ri"e any *erson
of any right secured in this Act, or to gi"e
false infor+ation as to his>her na+e,
address, or *eriod of residence for the
*ur*oses of establishing his>her eligibility or
ineligibility to register or "ote under this
Act0 or to cons*ire with another *erson for
the *ur*ose of encouraging the gi"ing of
false infor+ation in order to establish the
eligibility or ineligibility of any indi"idual to
register or "ote under this Act0 or, to *ay, or
offer to *ay, or to acce*t *ay+ent either for
a**lication to "ote in absentia or for "oting0
$=.&. /or any *erson to ta+*er with the
ballot, the +ail containing the ballots for
o"erseas absentee "oters, the election
returns, including the destruction, +utilation
and +ani*ulation thereof0
$=.=. /or any *erson to steal, destroy,
conceal, +utilate or alter any record,
docu+ent or *a*er as re,uired for *ur*oses
of this Act0
$=.<. /or any de*uti-ed agent to refuse
without :ustifiable ground, to ser"e or
continue ser"ing, or to co+*ly with his>her
sworn duties after acce*tance of his>her
a**oint+ent0
$=.A. /or any *ublic officer or e+*loyee
who shall cause the *re*aration, *rinting,
distribution of infor+ation +aterial, or *ost
the sa+e in websites without the *rior
a**ro"al of the 1o++ission0
$=.;. /or any *ublic officer or e+*loyee to
cause the transfer, *ro+otion, e.tension,
recall of any +e+ber of the foreign ser"ice
cor*s, including +e+bers of the attached
agencies, or otherwise cause the +o"e+ent
of any such +e+ber fro+ his current *ost or
*osition one 679 year before and three 6&9
+onths after the day of elections, without
securing the *rior a**ro"al of the
1o++ission0
$=.8. /or any *erson who, after being
de*uti-ed by the 1o++ission to undertake
acti"ities in connection with the
i+*le+entation of this Act, shall ca+*aign
for or assist, in whate"er +anner, candidates
in the elections0
$=.@. /or any *erson who is not a citi-en of
the (hili**ines to *artici*ate, by word or
deed, directly or indirectly through ,ualified
organi-ations>associations, in any +anner
and at any stage of the (hili**ine *olitical
*rocess abroad, including *artici*ation in
the ca+*aign and elections.
The *ro"ision of e.isting laws to the contrary
notwithstanding, and with due regard to the
(rinci*le of 'ouble 1ri+inality, the *rohibited acts
described in this section are electoral offenses and
*unishable in the (hili**ines.
The *enalties i+*osed under Section $A= of the
!+nibus 2lection 1ode, as a+ended, shall be
i+*osed on any *erson found guilty of co++itting
any of the *rohibited acts as defined in this section:
(ro"ided, That the *enalty of *rision +ayor in its
+ini+u+ *eriod shall be i+*osed u*on any *erson
found guilty of Section $=.& hereof without the
benefit of the o*eration of the )ndeter+inate
Sentence 3aw. )f the offender is a *ublic officer or a
candidate, the *enalty shall be *rision +ayor in its
+a.i+u+ *eriod. )n addition, the offender shall be
sentenced to suffer *er*etual dis,ualification to
hold *ublic office and de*ri"ation of the right to
"ote.
)++igrants and *er+anent residents who do not
resu+e residence in the (hili**ines as sti*ulated in
their affida"it under Section <6d9 within three 6&9
years after a**ro"al of his>her registration under
this Act and yet "ote in the ne.t elections contrary
to the said section, shall be *enali-ed by
i+*rison+ent of not less than one 679 year, and
shall be dee+ed dis,ualified as *ro"ided in Section
<6c9 of this Act. Fis>her *ass*ort shall be sta+*ed
not allowed to "ote.
Sec. #4. Joint 1ongressional !"ersight 1o++ittee.
A Joint 1ongressional !"ersight 1o++ittee is
hereby created, co+*osed of the 1hair+an of the
Senate 1o++ittee on 1onstitutional A+end+ents,
5e"ision of 1odes and 3aws, and se"en 6;9 other
Senators designated by the Senate (resident, and the
1hair+an of the Fouse 1o++ittee on Suffrage and
2lectoral 5efor+s, and se"en 6;9 other Me+bers of
the Fouse of 5e*resentati"es designated by the
S*eaker of the Fouse of 5e*resentati"es: (ro"ided,
That, of the se"en 6;9 +e+bers to be designated by
each Fouse of 1ongress, four 6=9 should co+e fro+
the +a:ority and the re+aining three 6&9 fro+ the
+inority.
The Joint 1ongressional !"ersight 1o++ittee shall
ha"e the *ower to +onitor and e"aluate the
i+*le+entation of this Act. )t shall re"iew, re"ise,
a+end and a**ro"e the )+*le+enting 5ules and
5egulations *ro+ulgated by the 1o++ission.
Sec. #5. A**licability of !ther 2lection 3aws.
The *ertinent *ro"isions of the !+nibus 2lection
1ode, as a+ended, and other election laws, which
are not in conflict with the *ro"isions of this Act
shall re+ain in full force and shall ha"e su**letory
a**lication to this Act.
Sec. #6. 2nforce+ent and Ad+inistration by the
1o++ission. The 1o++ission shall, for the
*ur*ose of ensuring honest, orderly, *eaceful and
free elections abroad, ha"e e.clusi"e charge of the
enforce+ent, ad+inistration and i+*le+entation of
this Act.
Sec. #8. Mandatory 5e"iew. 1ongress shall
co+*lete a +andatory re"iew of this Act within two
6$9 years following the May, $%%= elections for the
*ur*ose of a+ending it to e.*and or restrict its
co"erage, sco*e and a**lication, as well as i+*ro"e
its *rocedures and institute +easures and
safeguards, taking into account the e.*erience of
the *re"ious election, technological ad"ances and
structural *olitical changes.
Sec. #9. A**ro*riations. The a+ount necessary to
carry out the *ro"isions of this Act shall be
*ro"ided in a su**le+ental budget or included in
the Eeneral A**ro*riations Act of the year of its
enact+ent into law. Thereafter, the e.*enses for its
continued i+*le+entation shall be included in the
subse,uent Eeneral A**ro*riations Act.
Sec. !$. Se*arability 1lause. )f any *art or
*ro"ision of this Act shall be declared
unconstitutional or in"alid, other *ro"isions hereof
which are not affected thereby shall continue to be
in full force and effect.
Sec. !1. 5e*ealing 1lause. All laws, *residential
decrees, e.ecuti"e orders, rules and regulations,
other issuances, and *arts thereof, which are
inconsistent with the *ro"isions of this Act, are
hereby re*ealed or +odified accordingly.
Sec. !#. 2ffecti"ity. This Act shall take effect
fifteen 67<9 days following its *ublication in three
6&9 news*a*ers of general circulation.
A**ro"ed,
7%S+ (+ &+N+C'A 7R.
S*eaker of the Fouse of
5e*resentati"es
FRAN80'N (R'0%N
(resident of the Senate
This Act which is a consolidation of Senate Bill 4o.
$7%= and Fouse Bill 4o. &<;% was finally *assed
by the Senate and Fouse of 5e*resentati"es on
/ebruary =, $%%& and /ebruary 77, $%%&,
res*ecti"ely.
R%-+RT% P. NA1AR+N%
Secretary Eeneral
Fouse of 5e*resenati"es
%SCAR ). *A-+S
Secretary of Senate
A**ro"ed: /ebruary 7&, $%%&
)0%R'A ,ACAPA)A09ARR%*%
President of the Philippines
Congress of the Philippines
+le:enth Congress
R+P/-0'C ACT N%. 91!9 7une $8" #$$1
AN ACT PR%&'('N) F%R T2+
AC./'S'T'%N %F P2'0'PP'N+
C'T'1+NS2'P F%R C+RTA'N A0'+NS -*
A(,'N'STRAT'&+ NAT/RA0'1AT'%N AN(
F%R %T2+R P/RP%S+S
Be it enacted by the Senate and the House of
Representatives of the Philippines in Congress
assembled:
Section 1. Short Title. - This Act shall be known as
The Ad+inistrati"e 4aturali-ation 3aw of $%%%.
Section #. Declaration of Policy. - The State shall
control and regulate the ad+ission and integration
of aliens into its territory and body *olitic including
the grant of citi-enshi* to aliens. Towards this end,
aliens born and residing in the (hili**ines +ay be
granted (hili**ine citi-enshi* by ad+inistrati"e
*roceedings sub:ect to certain re,uire+ents dictated
by national security and interest.
Section !. ualifications. - Sub:ect to the
*ro"isions of the succeeding section, any *erson
desiring to a"ail of the benefits of this Act +ust
+eet the following ,ualifications:
6a9 The a**licant +ust be born in the (hili**ines
and residing therein since birth0
6b9 The a**licant +ust not be less than eighteen
6789 years of age, at the ti+e of filing of his>her
*etition0
6c9 The a**licant +ust be of good +oral character
and belie"es in the underlying *rinci*les of the
1onstitution, and +ust ha"e conducted
hi+self>herself in a *ro*er and irre*roachable
+anner during his>her entire *eriod of residence in
the (hili**ines in his relation with the duly
constituted go"ern+ent as well as with the
co++unity in which he>she is li"ing0
6d9 The a**licant +ust ha"e recei"ed his>her
*ri+ary and secondary education in any *ublic
school or *ri"ate educational institution dully
recogni-ed by the 'e*art+ent of 2ducation, 1ulture
and S*orts, where (hili**ine history, go"ern+ent
and ci"ics are taught and *rescribed as *art of the
school curriculu+ and where enroll+ent is not
li+ited to any race or nationality: Provided! That
should he>she ha"e +inor children of school age,
he>she +ust ha"e enrolled the+ in si+ilar schools0
6e9 The a**licant +ust ha"e a known trade,
business, *rofession or lawful occu*ation, fro+
which he>she deri"es inco+e sufficient for his>her
su**ort and if he>she is +arried and>or has
de*endents, also that of his>her fa+ily:Provided!
ho"ever! That this shall not a**ly to a**licants who
are college degree holders but are unable to *ractice
their *rofession because they are dis,ualified to do
so by reason of their citi-enshi*0
6f9 The a**licant +ust be able to read, write and
s*eak /ili*ino or any of the dialects of the
(hili**ines0 and
6g9 The a**licant +ust ha"e +ingled with the
/ili*inos and e"inced a sincere desire to learn and
e+brace the custo+s, traditions and ideals of the
/ili*ino *eo*le.
Section 3. Dis#ualifications! - The following are
not ,ualified to be naturali-ed as /ili*ino citi-ens
under this Act:
6a9 Those o**osed to organi-ed go"ern+ent or
affiliated with any association of grou* of *ersons
who u*hold and teach doctrines o**osing all
organi-ed go"ern+ents0
6b9 Those defending or teaching the necessity of or
*ro*riety of "iolence, *ersonal assault or
assassination for the success or *redo+inance of
their ideas0
6c9 (olyga+ists or belie"ers in the *ractice of
*olyga+y0
6d9 Those con"icted of cri+es in"ol"ing +oral
tur*itude0
6e9 Those suffering fro+ +ental alienation or
incurable contagious diseases0
6f9 Those who, during the *eriod of their residence
in the (hili**ines, ha"e not +ingled socially with
/ili*inos, or who ha"e not e"inced a sincere desire
to learn and e+brace the custo+s, traditions and
ideals of the /ili*inos0
6g9 1iti-ens or sub:ects with who+ the (hili**ines
is at war, during the *eriod of such war0 and
6h9 1iti-ens or sub:ects of a foreign country whose
laws do not grant /ili*inos the right to be
naturali-ed citi-ens or sub:ects thereof.
Section 4. Petition for Citi$enship. - 679 Any *erson
desiring to ac,uire (hili**ine citi-enshi* under this
Act shall file with the S*ecial 1o++ittee on
4aturali-ation created under Section A hereof, a
*etition of fi"e 6<9 co*ies legibly ty*ed and signed,
thu+b+arked and "erified by hi+>her, with the
latterGs *ass*ort-si-ed *hotogra*h attached to each
co*y of the *etition, and setting forth the following:
6a9 The *etitionerGs na+e and surna+e, and any
other na+e he>she has used or by which he>she is
known0
6b9 The *etitionerGs *resent and for+er *laces of
residence0
6c9 The *etitionerGs *lace and date of birth, the
na+es and citi-enshi* of his>her *arents and their
residences0
6d9 The *etitionerGs trade, business, *rofession or
occu*ation, and if +arried, also that of his>her
s*ouse0
6e9 Dhether the *etitioner is single or +arried or
his>her +arriage is annulled. )f +arried, *etitioner
shall state the date and *lace of his>her +arriage,
and the na+e, date of birth, birth*lace, citi-enshi*
and residence of his>her s*ouse0 and if his +arriage
is annulled, the date of decree of annul+ent of
+arriage and the court which granted the sa+e0
6f9 )f the *etitioner has children, the na+e, date and
birth*lace and residences of his>her children 0
6g9 A declaration that the *etitioner *ossesses all the
,ualifications and none of the dis,ualifications
under this Act0
6h9 A declaration that the *etitioner shall ne"er be a
*ublic charge0 and
6i9 A declaration that it is the *etitionerGs true and
honest intention to ac,uire (hili**ine citi-enshi*
and to renounce absolutely and fore"er any *rince,
*otentate, State or so"ereign, and *articularly the
country of which the a**licant is a citi-en or
sub:ect.
6$9 The a**lication shall be acco+*anied by:
6a9 'u*licate original or certified *hotoco*ies of
*etitionerGs birth certificate0
6b9 'u*licate original or certified *hotoco*ies of
*etitionerGs alien certificate of registration and
nati"e born certificate of residence0
6c9 'u*licate original or certified *hotoco*ies of
*etitionerGs +arriage certified, if +arried, or the
death certificate of his s*ouse, if widowed, or the
court decree annulling his +arriage, if such was the
fact0
6d9 'u*licate original or certified *hotoco*ies of
birth certificates, alien certificate of registration or
nati"e born certificate of residence if any, of
*etitionerGs +inor children, where"er a**licable0
6e9 Affida"it of financial ca*acity by the *etitioner,
and sworn state+ents on the good +oral character
of the *etitioner by at least two 6$9 /ili*ino citi-ens
of good re*utation in his>her *lace of residence
stating that they ha"e *ersonally known the
*etitioner for at least a *eriod of ten 67%9 years and
that said *etitioner has in their own o*inion all the
,ualifications necessary to beco+e a citi-en of the
(hili**ines and is not in any way dis,ualified under
the *ro"isions of this Act0
6f9 A +edical certificate that *etitioner is not a user
of *rohibited drugs or otherwise a drug de*endent
and that he>she is not afflicted with ac,uired
i++une deficiency syndro+e 6A)'S90
6g9 School di*lo+a and transcri*t of records of the
*etitioner in the schools he attended in the
(hili**ines. Should the *etitioner ha"e +inor
children, a certification that his children are enrolled
in a school where (hili**ine history, go"ern+ent
and ci"ics are taught and are *art of the curriculu+0
and
6h9 )f gainfully e+*loyed, the inco+e ta. return for
the *ast three 6&9 years.
Section 5. Special Committee on %aturali$ation. -
There shall be constituted a S*ecial 1o++ittee on
4aturali-ation herein referred to as the
1o++ittee, with the Solicitor Eeneral as
chair+an, the Secretary of /oreign Affairs, or his
re*resentati"e, and the 4ational Security Ad"iser, as
+e+bers, with the *ower to a**ro"e, deny or re:ect
a**lications for naturali-ation as *ro"ided in this
Act.
The 1o++ittee shall +eet, as often as *racticable,
to consider a**lications for naturali-ation. /or this
*ur*ose, the chair+an and +e+bers shall recei"e an
honorariu+ of Two thousand *esos 6($,%%%.%%9 and
!ne thousand fi"e hundred *esos 6(7,<%%.%%9,
res*ecti"ely, *er +eeting attended.
Section 6. Po"ers&'unctions of the Special
Committee on %aturali$ation. - An alien who
belie"es that he has all the ,ualifications, and none
of the dis,ualifications, +ay file an a**lication for
naturali-ation with the secretariat of the S*ecial
1o++ittee on 4aturali-ation, and a *rocessing fee
of /orty thousand *esos 6(=%,%%%.%%9. Thereafter,
the *etition shall be sta+*ed to indicate the date of
filing and a corres*onding docket nu+ber. Dithin
fifteen 67<9 days fro+ the recei*t of the *etition, the
1o++ittee shall deter+ine whether the *etition is
co+*lete in substance and in for+. )f such *etition
is co+*lete, the 1o++ittee shall i++ediately
*ublish *ertinent *ortions of the *etition indicating
the na+e, ,ualifications and other *ersonal
circu+stances of the a**licant, once a week for
three 6&9 consecuti"e weeks in a news*a*er of
general circulation, and ha"e co*ies of the *etition
*osted in any *ublic or cons*icuous area. The
1o++ittee shall i++ediately furnish the
'e*art+ent of /oreign Affairs 6'/A9, the Bureau of
)++igration 6B)9, the ci"il registrar of the
*etitionerGs *lace of residence and tile 4ational
Bureau of )n"estigation 64B)9 co*ies of the *etition
and its su**orting docu+ents. These agencies shall
ha"e co*ies of the *etition *osted in any *ublic or
cons*icuous area in their buildings, offices and
*re+ises, and shall, within thirty 6&%9 days fro+ the
recei*t of the *etition, sub+it to the 1o++ittee a
re*ort stating whether or not *etitioner has any
derogatory record on file or any such rele"ant and
+aterial infor+ation which +ight be ad"erse to
*etitionerGs a**lication for citi-enshi*.
)f the *etition is found by the 1o++ittee to be
wanting in substance and for+, the *etition shall be
dis+issed without *re:udice.
Section 8. (pproval or Disapproval of the
Petition. - Dithin si.ty 6A%9 days fro+ recei*t of the
re*ort of the agencies which were furnished a co*y
of the *etition or the date of the last *ublication of
the *etition, whiche"er co+es in later, the
1o++ittee shall consider and re"iew all rele"ant
and +aterial infor+ation it has recei"ed *ertaining
to the *etition, and +ay, for the *ur*ose call the
*etitioner for inter"iew to ascertain his>her identity,
the authenticity of the *etition and its anne.es, and
to deter+ine the truthfulness of the state+ents and
declarations +ade in the *etition and its anne.es.
)f the 1o++ittee shall ha"e recei"ed any
infor+ation ad"erse to the *etition, the 1o++ittee
shall allow the *etitioner to answer, e.*lain or
refute the infor+ation.
Thereafter, if the 1o++ittee belie"es, in "iew of the
facts before it, that the *etitioner has all the
,ualifications and none of the dis,ualifications
re,uired for (hili**ine citi-enshi* under this Act, it
shall a**ro"e the *etition and henceforth, notify the
*etitioner of the fact of such a**ro"al. !therwise,
the 1o++ittee shall disa**ro"e the sa+e.
Section 9. Decree of %aturali$ation and
%aturali$ation Processing 'ee. -Dithin thirty 6&%9
days fro+ the recei*t of the notice of the a**ro"al
of his>her *etition, the a**licant shall *ay to the
1o++ittee a naturali-ation fee of !ne hundred
thousand *esos 6(7%%,%%%.%%9 *ayable as follows:
/ifty thousand *esos 6(<%,%%%.%%9 u*on the
a**ro"al of the *etition and /ifty thousand *esos
6(<%,%%%.%%9 u*on the taking of the oath of
allegiance to the 5e*ublic of the (hili**ines,
forthwith, a certificate of naturali-ation shall be
issued. Dithin si.ty 6A%9 days fro+ the issuance of
the certificate, the *etitioner shall take an oath of
allegiance in the *ro*er foru+ u*on *roof of
*ay+ent of the re,uired naturali-ation *rocessing
fee and certificate of naturali-ation. Should the
a**licant fail to take the abo"e+entioned oath of
allegiance within said *eriod of ti+e, the a**ro"al
of the *etition shall be dee+ed abandoned.
Section 1$. Duty of the Bureau of )mmigration. -
Dithin fi"e 6<9 days after the a**licant has taken his
oath of allegiance as re,uired in the *receding
section, the B) shall forward a co*y of the
*etitionerGs oath to the *ro*er local ci"il registrar.
Thereafter, the B) shall cancel the alien certificates
of registration of the a**licant.
Section 11. Status of (lien *ife and +inor
Children. - After the a**ro"al of the *etition for
ad+inistrati"e naturali-ation in cancellation of
a**licantGs alien certificate of registration,
a**licantGs alien lawful wife and +inor children
+ay file a *etition for cancellation of their alien
certificates of registration with the 1o++ittee
sub:ect to the *ay+ent of the filing fee of Twenty
thousand *esos 6($%,%%%.%%9 and naturali-ation fee
of /orty thousand *esos 6(=%,%%%.%%9 *ayable as
follows: Twenty thousand *esos 6($%,%%%.%%9 u*on
the a**ro"al of the *etition and Twenty thousand
*esos 6($%,%%%.%%9 u*on the taking of the oath of
allegiance to the 5e*ublic of the (hili**ines.
Section 1#. Status of (lien Husband and +inor
Children. - )f the a**licant is a +arried wo+an, the
a**ro"al of her *etition for ad+inistrati"e
naturali-ation will not benefit her alien husband but
her +inor children +ay file a *etition for
cancellation of their alien certificates of registration
with the B) sub:ect to the re,uire+ents of e.isting
laws.
Section 1!. Cancellation of the Certificate of
%aturali$ation. - The S*ecial 1o++ittee +ay
cancel certificates of naturali-ation issued under this
Act in the following cases:
6a9 )f it finds that the naturali-ed *erson or his duly
authori-ed re*resentati"e +ade any false state+ent
or +isre*resentation or co++itted any "iolation of
law, rules and regulations in connection with the
*etition for naturali-ation, or if he otherwise obtains
(hili**ine citi-enshi* fraudulently or illegally, the
certificate of naturali-ation shall be cancelled0
6b9 )f the naturali-ed *erson or his wife, or any or
his +inor children who ac,uire /ili*ino citi-enshi*
by "irtue of his naturali-ation shall, within fi"e 6<9
years ne.t following the grant of (hili**ine
citi-enshi*, establish *er+anent residence in a
foreign country, that indi"idualGs certificate of
naturali-ation or ac,uired citi-enshi* shall be
cancelled or re"oked: Provided! That the fact of
such *ersonGs re+aining for +ore than one 679 year
in his country of origin, or two 6$9 years in any
foreign country, shall be considered prima
facie e"idence of intent to *er+anently reside
therein0
6c9 )f the naturali-ed *erson or his wife or child with
ac,uired citi-enshi* allows hi+self or herself to be
used as a du++y in "iolation of any constitutional
or legal *ro"ision re,uiring (hili**ine citi-enshi* as
a condition for the e.ercise, use or en:oy+ent of a
right, franchise or *ri"ilege, the certificate of
naturali-ation or ac,uired citi-enshi* shall be
cancelled or re"oked0 and
6d9 )f the naturali-ed *erson or his wife or child
with ac,uired citi-enshi* co++its any act ini+ical
to national security, the certificate of naturali-ation
or ac,uired citi-enshi* shall be cancelled or
re"oked.
)n case the naturali-ed *erson holds any hereditary
title, or belong to any order of nobility, he shall
+ake an e.*ress renunciation of his title or
+e+bershi* in this order of nobility before the
S*ecial 1o++ittee or its duly authori-ed
re*resentati"e, and such renunciation shall be
included in the records of his a**lication for
citi-enshi*.
Section 13. Penalties. - Any *erson who shall
fraudulently +ake, falsify, forge, change, alter, or
cause or aid any *erson to do the sa+e, or who shall
*ur*osely aid and assist in falsely +aking, forging,
falsifying, changing or altering a naturali-ation
certificate issued under this *roceeding for the
*ur*ose of +aking use thereof, or in order that the
sa+e +ay be used by another *erson or *ersons,
and any *erson who shall *ur*osely aid and assist
another in obtaining a naturali-ation certificate in
"iolation of this Act, shall be *unished by a fine of
not +ore than /i"e hundred thousand *esos
6(<%%,!!!.!!9 and by i+*rison+ent for not +ore
than fi"e 6<9 years, and in the case that the *erson
con"icted is a naturali-ed citi-en, his certificate of
naturali-ation shall, if not earlier cancelled by the
S*ecial 1o++ittee, be ordered cancelled.
Section 14. Any *erson who failed to register
his>her birth with the concerned city or +unici*al
ci"il registrar +ay, within two 6$9 years fro+ the
effecti"ity of this Act, file a *etition for the
ac,uisition of the (hili**ine
citi-enshi*:Provided! That the a**licant *ossesses
all the ,ualifications and none of the
dis,ualifications under this Act and sub:ect to the
re,uire+ents of e.isting laws.
Section 15. Special Disposition of the 'iling 'ee. -
An a+ount e,ui"alent to twenty fi"e *ercent 6$<H9
of the filing fee to be *aid by the a**licants
*ursuant to Section ; hereof shall accrue to the
Cni"ersity of the (hili**ines 3aw 1enter and
another twenty-fi"e *ercent 6$<H9 shall be allotted
for the *ublication of the Journal of the Fouse of
5e*resentati"es. Said a+ount shall be treated as
recei*ts auto+atically a**ro*riated.
Section 16. )mplementing Rules and Regulations. -
The S*ecial 1o++ittee on 4aturali-ation is hereby
authori-ed to *ro+ulgate such rules and regulations
as +ay be needed for the *ro*er i+*le+entation of
the *ro"isions of this Act.
Section 18. Repealing Clause. -All *ro"isions of
e.isting laws, orders, decrees, rules and regulations
contrary to or inconsistent with this Act are hereby
re*ealed or +odified accordingly.
Section 19. Separability C)ause. - )f any *art,
section or *ro"ision of this Act is declared in"alid
or unconstitutional, the *art, section or *ro"ision
not affected thereby shall continue to be in force
and effect.
Section #$. ,ffectivity Clause. - This Act shall take
effect after fifteen 67<9 days following its
*ublication in at least two 6$9 news*a*ers of general
circulation.
A**ro"ed...
Congress of the Philippines
Twelfth Congress
Third Regular Session
Begun held in Metro Manila on Monday, the
twenty-eighth day of July, two thousand three.
Republic Act No. 9##4 August #9" #$$!
AN ACT ,A8'N) T2+ C'T'1+NS2'P %F
P2'0'PP'N+ C'T'1+NS ;2% AC./'R+
F%R+')N C'T'1+NS2'P P+R,AN+NT.
A,+N('N) F%R T2+ P/RP%S+
C%,,%N;+A0T2 ACT. N%. 5!" AS
A,+N(+( AN( F%R %T2+R P/RP%S+S
Be it enacted by the Senate and Fouse of
5e*resentati"es of the (hili**ines in 1ongress
asse+bled:
Section 7. Short Title this act shall be known as
the 1iti-enshi* 5etention and 5e-ac,uisition Act
of $%%&.
Section $. 'eclaration of (olicy - )t is hereby
declared the *olicy of the State that all (hili**ine
citi-ens of another country shall be dee+ed not to
ha"e lost their (hili**ine citi-enshi* under the
conditions of this Act.
Section &. 5etention of (hili**ine 1iti-enshi* - Any
*ro"ision of law to the contrary notwithstanding,
natural-born citi-enshi* by reason of their
naturali-ation as citi-ens of a foreign country are
hereby dee+ed to ha"e re-ac,uired (hili**ine
citi-enshi* u*on taking the following oath of
allegiance to the 5e*ublic:
) IIIIIIIIIIIIIIIIIIIII, sole+ny swear 6or
affri+9 that ) will su**ort and defend the
1onstitution of the 5e*ublic of the (hili**ines and
obey the laws and legal orders *ro+ulgated by the
duly constituted authorities of the (hili**ines0 and )
hereby declare that ) recogni-e and acce*t the
su*re+e authority of the (hili**ines and will
+aintain true faith and allegiance thereto0 and that )
i+*osed this obligation u*on +yself "oluntarily
without +ental reser"ation or *ur*ose of e"asion.
4atural born citi-ens of the (hili**ines who, after
the effecti"ity of this Act, beco+e citi-ens of a
foreign country shall retain their (hili**ine
citi-enshi* u*on taking the aforesaid oath.
Section =. 'eri"ati"e 1iti-enshi* - The un+arried
child, whether legiti+ate, illegiti+ate or ado*ted,
below eighteen 6789 years of age, of those who re-
ac,uire (hili**ine citi-enshi* u*on effecti"ity of
this Act shall be dee+ed citi-enshi* of the
(hili**ines.
Section <. 1i"il and (olitical 5ights and 3iabilities -
Those who retain or re-ac,uire (hili**ine
citi-enshi* under this Act shall en:oy full ci"il and
*olitical rights and be sub:ect to all attendant
liabilities and res*onsibilities under e.isting laws of
the (hili**ines and the following conditions:
679 Those intending to e.ercise their right of
surffrage +ust Meet the re,uire+ents under Section
7, Article # of the 1onstitution, 5e*ublic Act 4o.
@78@, otherwise known as The !"erseas Absentee
#oting Act of $%%& and other e.isting laws0
6$9 Those seeking electi"e *ublic in the (hili**ines
shall +eet the ,ualification for holding such *ublic
office as re,uired by the 1onstitution and e.isting
laws and, at the ti+e of the filing of the certificate
of candidacy, +ake a *ersonal and sworn
renunciation of any and all foreign citi-enshi*
before any *ublic officer authori-ed to ad+inister
an oath0
6&9 Those a**ointed to any *ublic office shall
subscribe and swear to an oath of allegiance to the
5e*ublic of the (hili**ines and its duly constituted
authorities *rior to their assu+*tion of office:
(ro"ided, That they renounce their oath of
allegiance to the country where they took that oath0
6=9 Those intending to *ractice their *rofession in
the (hili**ines shall a**ly with the *ro*er authority
for a license or *er+it to engage in such *ractice0
and
6<9 That right to "ote or be elected or a**ointed to
any *ublic office in the (hili**ines cannot be
e.ercised by, or e.tended to, those who:
6a9 are candidates for or are occu*ying any *ublic
office in the country of which they are naturali-ed
citi-ens0 and>or
6b9 are in acti"e ser"ice as co++issioned or non-
co++issioned officers in the ar+ed forces of the
country which they are naturali-ed citi-ens.
Section A. Se*arability 1lause - )f any section or
*ro"ision of this Act is held unconstitutional or
in"alid, any other section or *ro"ision not affected
thereby shall re+ain "alid and effecti"e.
Section ;. 5e*ealing 1lause - All laws, decrees,
orders, rules and regulations inconsistent with the
*ro"isions of this Act are hereby re*ealed or
+odified accordingly.
Section 8. 2ffecti"ity 1lause This Act shall take
effect after fifteen 67<9 days following its
*ublication in the !fficial Ea-ette or two 6$9
news*a*er of general circulation.