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3 Filipinas co-accused in lending at excessive interest rates set to be tried

Posted on 02 August 2024 No comments

 

The case is being heard at District Court

The District Court trial of three Filipinas accused of being runners for a Chinese couple has been set for Aug. 8, after the second pre-trial review for a case of conspiracy to lend money at interest rates higher than the yearly limit of 48 per cent set by law.

Lorna Pingol and Alma Cuntapay were named co-accused in one charge of conspiracy with the two Chinese, Tai Ming Fung and Cheng Wai-king, while Milagros Anna Laderas was alone in the second charge when they appeared together on Thursday (Aug. 2) at District Court.

The Filipinas allegedly conspired with Tai and Cheng in lending a total of $10 million to about 1,000 Filipina domestic workers at usurious rates, in a case that happened more than eight years ago.

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Pingol and Cuntapay were charged with the couple of conspiring with “a person named Jessie and other persons unknown” to lend money at an effective interest rate of more than 60 per cent between May 1, 2016 and March 12, 2017, according to information filed by the Department of Justice.

Laderas, on the other hand, was accused of conspiring with “Jessie” -, said to be the couple's former domestic helper -and others of lending money at such rates between July and September in 2016.

Earlier reports from the police said the group made as much as $12 million from the illegal transactions. The borrowers were allegedly charged an interest of 10% per month, or 120% per year, double the legal rate.

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They were all charged with lending at excessive interest rates, violating section 24(1) of the Money Lenders Ordinance which sets the limit for interest rates at 48 per cent per year, and section 159A(1) of the Crimes Ordinance which defines conspiracy.

The offense is punishable under the section 24(4) of the Money Lenders Ordinance, which sets the punishment for lending at excessive rates at a maximum of P5 million fine and 10 years’ imprisonment, and section 159C of the Crimes Ordinance which enhances these penalties.

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All three Filipinas were freed on bail of $2,000 each, while Tai’s bail was set at $80,000 and Cheng’s was $20,000.

Except for Pingol, the accused were told by Judge Timothy Harry Casewell to return on Aug. 8 for the start of trial, having pleaded not guilty in earlier hearings at the Tsuen Wan Law Courts. 

The same date was also set for Pingol to declare herself guilty or not.

DMW takes anti-trafficking campaign to provinces

Posted on 01 August 2024 No comments

 

DMW joins hands with local officials in Albay in the campaign against human trafficking 

Days before the World Day Against Trafficking was marked on July 30, the Department of Migrant Workers has launched outreach seminars in various provinces to ramp up its campaign against illegal recruitment and human trafficking.

DMW organized the activities as part of its commitment to provide a full range of assistance to overseas Filipino victims (OFW) who have fallen prey to trafficking and exploitation and are seeking justice onsite and in the Philippines.

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The department has pledged to continue working with member agencies of the Inter-Agency Council Against Trafficking (IACAT), local governments, civil society and private organizations, and with host governments to prevent trafficking, strictly enforce laws prohibiting the recruitment of children for overseas work, and extend help to survivors and their families.

The latest to be visited by DMW officials was Legaspi City, where an anti-illegal recruitment and trafficking in persons campaign seminar was held, alongside Albay PESO (Public Employment Service Office) managers, OFW help desk officers and beneficiaries of the reintegration program for teachers and livelihood assistance program.

MOU signing  in Davao City among various anti-trafficking advocates
Earlier, a similar one-day seminar was held in Davao City with the DMW’s Migrant Workers Protection Bureau joining hands with OFW advocates, barangay officials, PESO managers and law enforcers in taking the campaign to the grassroots level.

DMW Assistant Secretary Francis Ron De Guzman who led the activity thanked the department’s social partners for their firm commitment to combatting illegal recruitment and human trafficking.

The provincial government of Davao Occidental took the campaign a step farther by setting up OFW Help Desks in the province to provide immediate and comprehensive assistance to OFWs and their families.

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Through this effort, OFWs will be helped throughout their journey, from pre-employment seminars, to quick response to requests for assistance while onsite, up to their safe return and reintegration.

Undersecretary Bernard Olalia said the DMW partnership with the local government is geared towards empowering OFWs and their families, so the OFWs are not only protected against illegal recruiters and syndicates, but will be given immediate services when necessary.

The memorandum of agreement between the two agencies provides for pre-employment seminars to safeguard OFWs from unscrupulous recruiters and syndicates. The related activities include public information drives and workers education sessions on overseas employment, covering its potential benefits, potential risks, and legal channels for working abroad to avoid illegal recruitment.

Other government agencies like the National Reintegration Center for OFWs (NRCO), Overseas Workers Welfare Administration (OWWA), the Department of Labor and Employment (DOLE) and Technical Education and Skills Development Authority (TESDA), in cooperation with the LGUs, have committed to providing full-cycle reintegration interventions and support to OFWs and their families.

These reintegration interventions include livelihood assistance and skills enhancement trainings for OFWs, enabling them to explore other employment opportunities if they choose to continue their labor journey in the Philippines.

Davao Occidental Governor Franklin Bautista, meanwhile, urged his constituents to support the push to empower and protect all the OFWs in the province.

Five municipalities in Davao Occidental including Don Marcelino, Jose Abad Santos, Malita, Santa Maria, and Sarangani also signed the agreement with the DMW to signify their commitment to empowering Filipino migrant workers.

Also part of the anti-illegal recruitment campaign is the OFW Bagong Pilipinas Serbisyo Caravan which aims to strengthen collaboration between the DMW and local government units in protecting migrant workers.

Around 150 OFWs and their families, as well  as PESO managers and members of the Philippine National Police joined the second round of the campaign held in Tarlac province.

DMW’s nationwide drive to combat trafficking and exploitation came in the wake of complaints that illegal recruiters had partnered with LGUs and PESO officials in luring Filipinos all over the country to apply for non-existent jobs abroad. 

DH gets 16 months for laundering $2.3M

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The Filipina appeared in Tuen Mun court

A domestic helper was jailed for 16 months on Thursday, July 31, after she admitted at Tuen Mun Court that $2.3 million in crime proceeds passed through her bank account last March in an offense more commonly known as money laundering.

Maureen Romero, 41 years old, was convicted by Acting Principal Magistrate Daniel Tang of dealing with property known or believed to represent proceeds of indictable offense, an offense under the Organized and Serious Crimes Ordinance.

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Romero was made accountable for deposits and withdrawals totalling $2,297,076 in her MOX Bank account between March 14 and 24 this year.

She was said to have committed the offense “together with a person unknown,” according to the complaint filed by the Yuen Long Police’s Technology and Financial Crime Squad.

Basahin ang detalye!

The complaint said the two dealt with the property “knowing or having reasonable grounds to believe that the said property, in whole or in part, directly or indirectly represented any person’s proceeds of an indictable crime.”

The sentence imposed on Romero is on the high side, apparently given the amount involved. 

However, the offence is punishable with a maximum prison term of 14 years, and up to $5 million  fine. 


FDHs demand monthly minimum wage raised to $6,172

Posted on 31 July 2024 No comments
Balladares (in black) says HK should pay FDHs a 'living wage' and not give token increases

Foreign domestic helpers comprising different nationalities picketed the Labour Department office in Sheung Wan this afternoon to demand that their monthly salary be raised to no less than $6,172 and their food allowance to $3,123.

The picket by the Asian Migrants Coordinating Body was held ahead of the government consultation with various stakeholders on the new FDH wage which is traditionally announced in September each year, and takes effect the next month.  

The current minimum salary that took effect last year is $4,870 with the optional food allowance raised to $1,236.

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AMCB chairperson Dolores Balladares said the minimum salary that they are asking for is based on the “living wage” calculated by charity group Oxfam, using updated government data. The amount is a mere $156 more than the $6,016 that the group had been fighting for, for years.

But the food allowance demanded is $1,887 higher than the current one.

Balladares said that what FDHs are aspiring for is not just the “piecemeal” or “small increases “ of between $100 to $150 that the Hong Kong government has mandated in the past few years. What they want is a “living wage” which will allow them to live decently in Hong Kong, according to her.

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Such a salary should be given to all domestic workers, not just those who come in from overseas, but also the locals employed in similar jobs.

In their dialogue with labor officials AMCB also planned to raise concerns about their long working hours, the lack of suitable accommodation provided to many of their counterparts, the overcharging of agency fees, and the lack of a law that makes it mandatory for employers to pay for long service.

The AMCB also remains concerned about the job-hopping allegations from employers that the Labour Department has effectively recognized by requiring empoyment agencies to warn FDHs about the consequences of pre-terminating their employment contracts.

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2 Filipinas charged with money laundering fail to post bail

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Eastern Court heard 3 separate money laundering cases in one day (File)

Two Filipina domestic helpers who appeared separately in Eastern Court on Wednesday for a hearing of money laundering cases against them, were returned to custody after failing to post bail for their temporary release.

One of them, Marjorie D. Tayaoa, 44 years old, was not even allowed to post bail after the prosecution objected, saying the amount involved in her case was huge. She had offered $5,000 bail.

Tayaoa is alleged to have dealt with a total amount of $1,138,868.02 in her Mox Bank account between July 20 and August 1, 2023, knowing or having reasonable grounds to believe, that the money came from a crime.

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The other accused, Asteria M. Pinili, 41 years old, told the court she could not raise the $50,000 cash bail set for her provisional release.

Pinili is charged with laundering a total of  $641,086.02 in her Mox bank account in  just two weeks, or from June 7 to 21 in 2023.

No plea was taken from either defendant, and Magistrate Don So adjourned their cases to September 24 for mention.

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The high amount or the outright denial of bail for foreign domestic helpers accused of money laundering appear to indicate a shift in how prosecutors look at the seriousness of the alleged offenses.

In West Kowloon the other day, a magistrate cut in half the $100,000 bail posted by the employer of a Filipina domestic helper accused of laundering $455,000 through her bank account, saying it was excessive.

However, the resulting bail amount of $50,000 was still significantly higher than the $1,000 granted to three Filipinas who were sentenced to between 9 and 12 months in jail yesterday for the same offence.

The jacked-up bail indicates a similar shift in outlook towards FDHs engaging in what used to appear to be an innocent act of lending or selling their ATMs for a small amount of money.

Once the bank account is used for money laundering, the FDH is often sent to jail for nine months if she pleads guilty to the offence, and 12 months if she opts for a trial.

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Filipina jailed 3 months for using invalid contract to get $20K loan

Posted on 30 July 2024 No comments

 

Case was heard at Eastern Court 

A Filipina who admitted at Eastern Court that she obtained a $20,000 loan using an expired employment contract but said that she had paid it back in full, was sentenced today to three months imprisonment.

Principal Magistrate Don So disregarded a plea for a suspended sentence for Mariel Antenor,  aged 32 years, who pleaded guilty in a hearing last July. 

In the previous hearing, Antenor told Magistrate So that she had paid all installments except one, prompting him to order a background report to clarify the matter.

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Her lawyer told the court today that she had already paid the loan in full.

The case arose after Antenor presented an invalid work contract to Prime Credit’s office at Eurotrade Center Bldg. in Central on Sept. 14, 2022, to meet one of the requirements for a $20,000 loan.

After approving the loan, the financing company said it later found out that the work contract was no longer valid when Antenor applied for it.

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The offence was discovered when Antenor went to the Immigration Department to apply for a renewal of her new contract.

Her lawyer had initially argued that Antenor did not know that it was an offence to use an expired work contract to apply for a loan. 

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3 Filipinas convicted of money laundering jailed between 9-12 months

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More than $1.4 M passed through the Filipinas' HSBC accounts

Three Filipina domestic helpers who were convicted after trial of money laundering after allowing unknown people to take control of their bank accounts, were sentenced to between nine and 12 months as they sobbed today at Eastern Court.

A local woman working in a restaurant was meted the longest prison sentence of 13 months as her case involved an international element. According to Magistrate Minnie Wat, first defendant Wong Siu-kuen, 53, did not deny sending her ATM card to Malaysia where the illicit transactins were made in her name.

The lightest penalty of nine months’ imprisonment was imposed on Marife A. Dionson, 43, whose account was used to launder a total of $358,300 within one day, which the magistrate said was a “relatively short period of time.” The transactions were made between July 8 and July 9, 2020.

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The two other Filipina defendants, Geraldine G. Tolentino, 38, and Ires S. Caliwanagan, 40, were both meted the standard 12 months imprisonment for money laundering defendants who are found guilty after trial.

Tolentino’s bank account was made the repository of a total of $566,438 within five days, or between July 15 and July 20, 2020, while Caliwanagan’s account held a total of $714,406 between July 10 and July 23, 2020.

In sentencing, Magistrate Wat said a custodial sentence is inevitable for those who commit money laundering, which she described as a serious offence. She disregarded pleas for a lighter sentence based on the defendants’ personal and family circumstances.

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But she said she considered the international element in Wong’s case an aggravating factor, hence, the additional one month imposed on top of the standard 12 months’ imprisonment for those convicted after trial.

In Dionson’s case, her lawyer said she suffered a mild stroke after being arrested in 2020. She was described as naïve, and although she initially rejected the charge, she was now aware of the serious consequences of her actions, and was regretful.

Tolentino, on the other hand, was described by her mother to a probation officer who contacted her as “simple-minded and hardworking” and sent a big chunk of her salary to her family back in the Philippines. She was fully supported by her employer during her trial.

Caliwanagan was described by her lawyer as a  single mother with an 11-year-old son, who has been under tremendous stress because of the case, and is anxious to continue working in Hong Kong, but now realizes this will not happen because of her conviction.

Magistrate Wat said that in sentencing, she was mindful that all the defendants had a clear record and there was no evidence to suggest that they were the ones behind the illegal transfer of funds into their bank accounts.

She also said that even if the offences were committed in 2020, they did not come to light until the first prosecution witness in the case went to the police in 2021 to complain about losing $1.85 million in a love scam. Part of the money she lost was traced to the defendants’ bank accounts.

Prosecution began only in 2022, as it took the police some time to investigate, given the number of people found to be involved in laundering the money taken from the victim.

“This is not a particularly long time for the case to be brought to court,” said the magistrate.

In the admitted facts of the case that were read out in court, the total amount of money that went in and out of the four defendants’ money was more than $2.4 million, and the transactions took no more than three months.

About 10 other Filipinos were named as recipients of the $1.85 million that the love scam victim transferred to local banks, but they apparently escaped detection by the police.

But there was at least one other Filipina who was initially charged with the four, but she pleaded guilty when she appeared in court in October last year. She was sentenced to eight months in jail.

Before their conviction, the four defendants were allowed to post bail – $2,000 for Wong and $1,000 for each of the three Filipinas. 

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Bail of DH in money laundering case halved to $50K

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A domestic helper had her bail reduced by half, from $100,000 to $50,000, after she pleaded not guilty to money laundering at the West Kowloon Court.

 “The amount should not be this high,” Magistrate Jason Wan said in a hearing today after finding out that the bail money was advanced by the employer of defendant Marivic Millare, 48 years old.

In return for reducing the bail, which was set in a previous hearing, Magistrate Wan imposed conditions for the temporary release of Millare, who is charged with one count of dealing with property known or believed to be proceeds of indictable crime, contrary to the Organized and Serious Crimes Ordinance.

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Among the conditions imposed on Millare were that she would not leave Hong Kong until the case was finished, surrender her passport, report weekly to Hung Hom Police and stay in the address registered with the court.

The charge arose from the flow in and out of her Hang Seng Bank account, of a total of $454,918.46 between June 12 and July 9, 2019.

A police complaint accused her of dealing in property, along with a person identified only as I.C., which “represented any person’s proceeds of indictable offense.”

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Magistrate Wan set the trial for Sept. 5.

He reminded Millare to keep in constant touch with the Duty Lawyer Service so she can be defended properly.

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Filipina cleared of lying to Immigration, overstaying

Posted on 29 July 2024 No comments


The rare acquittal at Shatin court left the accused sobbing in relief 

A Filipina was acquitted today of lying to the Immigration Department and overstaying after evidence presented in a trial at Shatin Court showed that it was the employment agency that processed her papers that was to blame.

Mariza Tarray, 41, sobbed and hugged the Filipina court interpreter who was translating the court proceedings to her, after Deputy Magistrate Ivan Lee pronounced her not guilty of both charges.

 “The prosecution failed to prove its case beyond reasonable doubt,” he concluded.

“I find the defendant an honest and reliable witness,” he added.

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Tarray’s story began after she finished a contract as a domestic helper and went to the Bandung Enterprises to find a new employer.

She was matched with an employer who lived in Wanchai.

However, when her papers were processed, she discovered that she was given an employer who lived in Tseung Kwan O, so she refused to work for her and complained against Bandung to the Labour Department and the Philippine Consulate.

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The agency staff found her another employer, but by then she had overstayed her visa without her knowledge.

It was while processing her new contract that Immigration officers discovered a letter to support her visa application, which said that her termination by the employer she refused to work for was Feb. 11, 2022 and that the previous date of Jan. 26, 2022 was not correct.

Tarray was thus charged with making a false representation in a document furnished to an Immigration officer, which violates the Immigration Ordinance.

And since Immigration had established that her real termination date was Jan. 26, 2022, she had overstayed her two-week automatic extension by the time she applied for a new visa on Feb. 17.

She was thus charged with breach of condition of stay, another violation of the Immigration Ordinance.

In his decision, Magistrate Lee cited a WhatsApp chat between Tarray and an employee of Bandung who assured her that they would take care of Immigration, and kept her ignorant of her Immigration status.

He also cited her complaints against Bandung at the Labor Department and the Philippine Consulate as indicator that she had no intention of violating Immigration laws.

Before Tarray left the court, an Immigration officer told her to go to their office to retrieve her passport.

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Filipinos overseas could shape Phl politics through online voting, says DFA official

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About 100 OFWs took part in Comelec's briefing in HK on online voting
(photo from Chair George Garcia's X account) 

Online voting has the potential to turn overseas Filipinos into political kingmakers, said Foreign Affairs Undersecretary Gary Domingo during a talk before Filipino community leaders in Hong Kong yesterday. 

“If the overseas Filipino community can vote (using the internet), you can determine the outcome of Philippine elections, said Domingo, who is the Department of Foreign Affairs head of the Overseas Voting Secretariat.

He said that even if only 70% of the estimated 10 to 12 million Filipinos overseas cast their ballots in the 2025 presidential election, they would still hold sway in Philippine politics.

In the previous election in 2022, where voting was conducted face-to-face or by mail, only about 600,000 or about 40.5% of the 1.697 million who registered to vote had cast their ballots.

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With the introduction of online voting for most overseas Filipinos, the DFA and the Commission on Elections are hoping to boost both the registration and the turnout considerably, as the limitations of time and distance that voters had often complained about in the past, will be eliminated.  

With online voting, those overseas will be able to vote anywhere, anytime, as long as they have a srong internet connection, said the officials.

The Comelec commissioners with DFA Usec Gary Domingo (3rd from left),
OVS vice chair Bob Quintin, (rightmost) and Consul General Germinia Usudan 

Domingo was in Hong Kong to join four Comelec commissioners brief Filipino community leaders on the system that is being developed to allow nationals overseas to vote using the internet, and get their reactions and suggestions.

In opening the daylong session held at Park Lane hotel in Causeway Bay, Consul General Germinia Aguilar-Usudan told the Filcom leaders in Hong Kong that online voting marks a “monumental shift” in how Philippine elections are conducted, as it paves the way for increased political participation and a more inclusive political representation.”

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She said the aim is to make the voting process as seamless and as convenient as possible for overseas Filipinos, especially those in Hong Kong, who used to line up for hours on Sunday amid the searing heat, just to cast their ballots in the lone polling station at Bayanihan Centre in Kennedy Town.

“Rather than physically casting your votes, overseas Filipinos in Hong Kong now have the opportunity to vote online within the comfort of your own homes and at your own convenience,” she said.

Usudan noted with pride that Filipinos in Hong Kong have been very active participants in overseas voting. In the last election in 2022, she said there were 93,886 registered voters in the city, and of these, 62,252 had cast their ballot, for a relatively high turnout of 64%.

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She also disclosed that the day before, 40 representatives from various foreign service posts also joined the Comelec in a whole-day training on online voting and counting.

She reminded the leaders that the deadline for registration for next year’s election is the 30th of September this year, and that both the Consulate on the 14th floor and the Migrant Workers Office on the 29th floor of United Centre building in Admiralty have desks where qualified voters may sign up.

She also urged everyone who has registered as voters to check with the Consulate website if their biometric data is complete, or approach staff at MWO for help.

Casquejo tells Filcom leaders online voting is the way to go 

Leading the briefing was Commissoner Marlon Casquejo, who is in charge of overseas voting for the Comelec. He said it’s all systems go for the new mode of voting, which will be adopted in most overseas posts, except for those in countries with internet restrictions like China and Russia.

Casquejo said it is not likely that those who had expressed reservations about online voting, including some senators, would take the extreme measure of applying for a temporary restraining order against them with the Supreme Court.

Sa tingin ko hindi mangyayari kasi marami ang ma disenfranchise,” he said (I think that will not happen because a lot of voters will be disenfranchised).

“Will the Supreme Court issue a TRO? There is a very, very slight chance (of  that happening).”

Going for internet voting has long been eyed by the Comelec as it should be easier to implement and far less costly, but it has been plagued by doubts on whether it can do this on its own or wait for legislative approval.

But with veteran lawyer George Garcia taking over as Comelec chairman, the poll body has taken the view that since the Overseas Voting Act of 2013 allows it to implement other means of voting overseas, Congress approval is no longer necessary.

Casquejo, along with Comelec officials tasked with providing information about online voting, took the audience through the process of first, enrolling as a registered voter; then accessing the voting portal where they will be asked to first present their credentials before being allowed to vote..

To ensure that the person casting the ballot is the named voter, there will be a pre-enrolment period 60 days before the start of voting period, which is from Apr 13, 2025 to May 12, 2025. The pre-enrolment will then take place from Feb. 12 to Apr 12, 2025.

To enroll for the election, the voter will have to upload the required documents and provide an email address, then wait for verification from the Consulate (or other overseas posts).

During verification, the Consulate will check against the National Registry of Overseas Voters whether the applicant is a registered voter. If confirmed, a link to the election portal will be sent to the voter. Once done, the voter will receive a digital print of the cast ballot.

According to Casquejo, Comelec will issue digital voter’s IDs that can used as an alternative government-issued valid ID if a Philippine passport is unavailable. However, the voter won’t be allowed to download this digital ID.

Those who need help with pre-enrolment and online voting may go to kiosks to be provided by the Consulate and all overseas posts.

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