Immigrant, OFW, seaman

E·N·Q·U·I·R·Y
DEMAREE J.B. RAVAL

Immigrant, OFW, seaman
Sunday, 02 02, 2003

Johnas Lamorena, a native of San Nicolas, Ilocos Norte, migrated to Hawaii in 1980, where he is now a successful law practitioner. He has visited the Philippines only once in the past 23 years. With the impending enactment into law of the absentee voting bill on Wednesday, since President Arroyo has promised to sign it within 24 hours from the time Congress ratifies the report of the bicameral conference committee, which will be on Tuesday, can Johnas now vote for Angara for president, Legarda for vice president and Bayan Muna for party-list in the May 2004 elections? The answer is most certainly in the affirmative, now that the conferees from the House and Senate have reconciled the conflicting versions of their respective bills on the matter.

But before Johnas can vote, he must first register as an overseas absentee voter. If he cannot go back to Ilocos Norte between now and May 2004, and register under Republic Act 8189 authorizing continuing registration, he must go to a Philippine foreign service establishment in Hawaii, present his valid Philippine passport, and execute an affidavit that he will return to the Philippines and resume actual physical residence within three years from the time his registration as absentee voter is approved. If he has lost his Philippine passport, he must present documents which, to the satisfaction of Foreign Affairs Secretary Blas Ople, are adequate enough to warrant the issuance of a passport or prove that Johnas has been previously issued a Philippine passport.

The case of Johnas, and 2.7 million more like him, was the subject of heated and long debates. The Senate had batted for the right to vote of immigrants and permanent residents abroad. The house was divided, with Rep. Didagen Dilangalen passionately against granting the right to vote to those whom he describes as having already abandoned the motherland, and Rep. Augusto Syjuco with equal fervor pushing a grant of the right to vote. It took the imaginative and fertile mind of Rep. Jun Lozada to craft the right language, to break the deadlock in the bicameral conference.

John Virgino has been in London for the past year under a five-year contract as caregiver. He had voted in the May 2001 elections in Jones, Isabela, but does not expect to be back in Isabela for the May 2004 elections. If he wants to vote in London by that time, all that John will have to do is go to a Philippine foreign service establishment in London, and apply as an absentee voter, by executing a sworn written application to vote.

Marcial Reyes of Tondo, Manila, has been at sea for the past five years, as crew to a Greek shipping line. Marcial expects to be in Yokohama by May 2004. He wants to vote for the same candidates that Johnas prefers. He first must register as an absentee voter, presenting the same documents presented by Johnas, and go through the same process that John went through to secure an overseas absentee voter ID card which he will present when he will vote.

For the May 2004 elections, Johnas, John and Marcial will vote in different ways. Johnas will have to go to a foreign service establishment in Hawaii, present his ID and get the envelope containing the ballot. He will have to fill it out in the premises of the same place from where he got his ballot, and drop the same in a secured container very much like the ballot boxes we have in the Philippines. He can vote anytime within 30 days before the day of elections.

John is luckier, United Kingdom being one of three countries chosen by the Comelec and approved by Congress to be where voting by mail is initially allowed. The ballot of John will be mailed to him by the foreign service establishment in London. John will then mail back his accomplished ballot inside an envelope prescribed for the purpose by the Comelec. If he mails back the ballot not using the prescribed envelope, John’s vote will not be counted. Also’ John’s ballot must reach the foreign service establishment in London not later than the day of elections, otherwise the ballot will no longer be entertained.

Marcial has a harder time in voting. He must find himself in the foreign service establishment he indicated in his application to vote as absentee voter anytime within 60 days before the day of elections. If he is lucky to be in that place during that time, all he has to do is to go to the establishment, present his ID, get his ballot, accomplish it right there and then, place it back in an envelope for the purpose, and drop it into the sealed and secure container for ballots.

Johnas, John and Marcial should be glad that the dreaded sunset clause of the House version was not carried in the law. Starting in the May 2004 elections, they will be able to vote, without any danger that the right they exercise in May 2004 will no longer be there for the May 2007 elections or thereafter, or unless a parliamentary system is put in place after ratification of the amendment proposed by a constituent assembly or constitutional convention.

The problematic areas have all been resolved; the timelines are clear, in place for the Comelec to observe and implement. Budget Secretary Emilia Boncodin had better start looking for the expected P3 billion budget to make the system work for the May 2004 elections. Johnas, John and Marcial hope that what they fought for since 1987, now realized in the Absentee Voting Law, would not be dashed and put to naught by Boncodin’s stock answer: “No funds.”


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