Article V

Suffrage

Prepared by Raizza Corpuz

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 to the people.

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

Nature of suffrage

1. A mere privilege- suffrage is not a natural right of the citizens but merely a privilege

2. A political right- , enabling every citizen to participate in the process of government to assure that it derives its powers from the consent of the governed (see Art. II sec.1)

3. Plebiscite- to a vote of the people expressing their choice for or against a propose law or enactment submitted to them

4. Referendum- the submission of a law or part thereof passed by the nation or local legislative body to the voting citizens of a country for their ratification

5. Initiative- the process whereby the people directly propose and enact laws.

6. Recall- tenure method by which a public officer may be removed from officer may be removed from office during his tenure of before the expiration of his term

Nature1. 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.

• 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.

Qualifications of Voters:1. A citizen of the Philippines both male and

female2. Not otherwise disqualified by law3. At least 18 yrs. of age4. 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 Qualification1. A voter must have been a permanent

resident of the Philippines for at least one (1 year) preceding the election.

2. 6 months residence in a province, city or municipality is 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?

1. Regular- refers to an election participated by those who possess the right of suffrage not disqualified by law and who are registered voters.

2. Special- one held to fill in the vacancy in office before the expiration of the term for which incumbent was elected.

• Referendum is the gerund of the Latin verb refero, and has the meaning "bringing back" 

• The term plebiscite has a generally similar meaning in modern usage, and comes from the Latin plebiscita, which originally meant a decree of the Concilium Plebis (Plebeian Council)

Scope of Suffrage

1. Election – means by which people choose their officials for definite and fixed periods and to whom they entrust, for the time being as their representatives, the exercise of powers of government.

2. Plébiscite – 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

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

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 (OFW)

Age qualification.• There must be some minimum age for voting. No one, no matter

how ardent his belief in democracy, has ever contended that human being must be permitted to participate in the section of public officials from the day of their birth. The suffrage qualification is based on the assumption that under a certain age, human beings do not have the maturity, experience, education, and sense of judgment that will enable them to vote with any reasonable degree of intelligence.

• No general agreement exists as to the exact age which the individual supposedly attains the maturity sufficient for political participation. While there minimum voting age in every State, no country, however, has as yet seen fit to set a minimum age limit.

Residence qualification.

• A voter must have been a permanent resident of the Philippines for at list one (1) year preceding the election.

Six (6) months residence in a province, city or municipality is considered the minimum length of time within which a person can adequately familiarize himself with the needs and conditions and the personalities of locality. Giving him a right to vote before period, it is contended, will return in unpurposive and mechanical voting.

The requirement as to residence is desirable in order that registration list may be prepared and check in ample time to prevent fraud.

Persons disqualified to vote.

The responsibilities of determining who may be “disqualified by law” and, therefore, may be precluded for exercising the right suffrage, is left by the constitution to congress. As to who

are disqualified to vote, the law enumerates them as follow:

1. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or grated amnesty. But such person shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence;

2. Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duty constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with laws. Such person shall likewise automatically regain his right to vote upon expiration of five (5) years of sentence; and

3. Insane or incompetent persons as declares by competent authority. The above persons are not qualified to vote even if they have the necessary qualification.