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Article V Suffrage

Suffrage- is the right and obligation to vote of qualified citizens in the election of certain national and

local officers of the government and in the decision of public questions submitted tot eh people.

- It is not all absolute needless to say that it is an enjoyment of all other rights.

Nature:

1. Mere privilege- suffrage is not a natural right of the citizens but a privilege to be given or

withheld by the lawmaking power subject to constitutional limitations. It is granted to

individuals only upon the fulfillment of certain minimum conditions deemed essential for the

welfare of the country.

2. Political Right- it is classified as political right, enabling every citizen to participate in the process

of government to assure that its powers from the consent of the governed. The principle is that

of one man, one vote.

Scope of suffrage

1. Election – means by which people choose their official for definite and fixed periods and to

whom they entrust, for the time being as their representatives, the exercise of powers of

government.

2. Plebiscite – the vote of the people expressing their choice for or against a proposed law or

enactment submitted to them.

3. Referendum – It is the submission of the a law or part there of passed by the national or local

legislative body to the voting citizens of a country for their ratification or approval.

4. Initiative – the process whereby the people directly propose and enact laws.

5. Recall – method by which a public officer may be removed from office during his tenure or

before the expiration of his term by a vote of the people after registration of a petition signed

by a required percentage of voters

Qualifications of Voters:

1. A citizen of the Philippines both male and female

2. Not otherwise disqualified by law

3. At least 18 yrs of age

4. Have resided in the Philippines for at least one year (1) and in the place wherein he

proposes to vote for at least 6 months preceding the election

Residence Qualification

A voter must have been a permanent resident of the Philippines for at least one (1 year)

preceding the election.

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6 months residence in a province, city or municipality s considered the minimum length of time

within which a person can adequately familiarize himself with the needs and conditions and the

personalities of the locality.

Q: What is an election?

A: It is the selection of candidates to public office by popular vote.

Q: What are the types of Election?

A: 1. Regular- refers to an election participated I by those who possess the right of suffrage not

disqualified by law and who are registered voters.

3. Special- one held to fill in the vacancy in office before the expiration of the term for which

incumbent was elected.

Q: Who are not qualified to Vote?

1. Those who have committed and are convicted in a final judgment by a court or a tribunal of

an offense punishable by imprisonment of not less than 1 year unless pardoned or granted

amnesty.

2. Those who convicted by final judgment of crimes involving disloyalty to government or

against national security

NOTE: Civil Interdiction

Republic Act 8189 “Voters Registration Act of 1996”

-a citizen in order to be qualified to exercise his right to vote, in addition to the minimum requirements

set by fundamental charter is obliged by law to register.

Case Analysis:

Q; A while of legal age and of sound is illiterate. He has asked your advice on how he can vote in the

coming election for his brother is running for mayor. This will be the first time “A” will vote and he has

never registered as a voter before. What advice will you give him on the procedure he needs to follow in

order to be able to vote?

A: The Constitution provides that until Congress shall have provided otherwise, illiterate and disabled

voters shall be allowed to vote under existing laws and regulations Article 5 Sec. 2. It is necessary for any

qualified voter to register in order to vote. In the case of illiterate and disabled voters, their voters

affidavit may be prepared by any relative within the 4th civil degree of consanguinity or affinity or vy any

board of election inspectors who shall prepare the affidavit in accordance with the data supplied by the

applicant.

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Q: What is absentee voting?

A: a processed by which qualified citizens of the State of the Philippines abroad exercise their right to

vote in pursuant to the constitutional mandate that Congress shall provide a system for absentee voting

for qualified Filipinos abroad

Q: Who are qualified to VOTE under Absentee Voting?

A: All citizens of the Philippines abroad, who are not otherwise disqualified by law at least 18yrs of age

on the day of the elections may be vote for President, Vice-President, Senators, and Party list

representatives

Q: Who are disqualified from voting under the Absentee Voting Law?

A. 1. Those who have lost their Filipino citizenship in accordance with Philippine Laws

2. Those who have expressly renounced their Philippine citizenship and who have pledged

allegiance to a foreign country

3. Those who have committed and are convicted in a final judgment by a court or a tribunal of

an offense punishable by imprisonment of not less than 1 year and those who committed and

been found guilty of Disloyalty

References:

Political Law. 2009, Nachura, VJ Graphic Arts Inc. Quezon City Metro Manila

De Leon 2007, Philippine Constitution Rex Bookstore Manila