4. Local and Overseas Absentee Voting (RA 7166, Sec. 12; RA 9189, as amended by RA 10590; RA 10380)

Overseas Absentee Voting Act (RA 9189)

Ensures equal opportunity to all qualified citizens of the Philippines abroad exercise their right to vote in the national elections.

Domestic Absentee Voting - Duly registered government officials and employees, including AFP and PNP members, who are temporarily assigned to perform election duties outside the place where they are registered may avail of local absentee voting. Qualified media personnel may also avail of it under RA 10380.

Overseas Absentee Voting - Qualified Filipinos abroad may be allowed to vote under a system congress will provide.

Qualifications of Overseas Absentee Voter under RA 9189:

• Filipino citizen abroad
• At least 18 years of age on election day
• Free from disqualifications
• Registered overseas absentee voters
• Has an approved application to vote in absentia

Act v. Effect

A former natural-born Filipino citizen who has reacquired Filipino citizenship under the Dual Citizenship law may vote even without the required (six months) residence, without filing the former return-to-residence affidavit under Sec. 5 of RA 9189, as amended by RA 10590. (Lewis v COMELEC, G.R. 162759, 2006).