Rules and provisions will make many potential voters ineligible.

Mario Canseco

Under the seemingly guarded name of Republic Act No. 9189, the Philippines could add thousands of names to the country's electoral roll. The Overseas Absentee Voting Act will allow expatriates to cast their ballots in the presidential election scheduled for May 10, 2004.

In order to understand the significance of the new rule, a review of the most recent political developments in the Philippines is warranted. The bill was first tabled in July 2002, a few months after president Joseph Estrada resigned. The allegations against the former movie star were enough to merit impeachment procedures—violation of the constitution, perjury and illicit enrichment.

Just like in 1986—when the regime of Ferdinand Marcos was overturned—the so-called "Filipino people power" eradicated a corrupt leader from the country. Yet unlike Marcos, who remained in power for 20 years by quashing all attempts at democracy, the people handedly elected Estrada with 46.4 per cent of the vote in 1998.

Vice-president Gloria Macapagal Arroyo took over from Estrada on Jan. 20, 2001. The Georgetown-educated daughter of a former president had her hands full dealing with armed groups Abu Sayyaf and Moro Islamic Liberation Front. Constant economic turmoil has seen her approval rating sag. In a moment when incumbents usually consider a re-election campaign, Arroyo stated that she would not run again, even referring to the political situation of the country as "poisonous."

Lawmakers see the Overseas Absentee Voting Act as a way to take some "poison" out of the system. While close to 40 countries allow their citizens to vote while out of their homeland, the Filipino case is particularly interesting due to the varied occupations and backgrounds of prospective voters, a diverse group that could very well swing an election. Former education secretary Raul Roco and senator Panfilo Lacson have been the top choices for president in the most recent public opinion polls.

Registration is slated to begin on Aug. 1. Many expatriates lauded the passage of the act, but several difficulties remain. A prerequisite states that overseas voters must declare their intent—through a signed affidavit—to return to the Philippines within three years. Failure to comply will result in disqualification from further elections. Another limitation bans holders of dual citizenship from participating.

The rationale behind these two provisions suggests that only voters who have a stake in the country should take part; yet practical enforcement is impossible. Being banned from further electoral processes does nothing to correct the outcome of the election where an expatriate concurred.

Another rule states that only the consular offices of the Philippines can be used as voting precincts. This means that Filipino residents in the United States—the fourth largest group of foreigners behind immigrants from Mexico, India and China—will only have eight places to cast their ballots. In Canada, where more than 200,000 potential voters reside, suffrage is only possible in Toronto, Ottawa and Vancouver.

While a potential 4 million voters could have been added to the list, existing provisions might see that number reduced to 1.5 million. Many issues remain uncertain, such as what to do with permanent residents of another country, how to enforce the alleged "return" of voters, and when to allow voting by mail. Public demand and participation will be crucial for any future amendments to the act.

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