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 tot eh people.

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

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

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 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 I 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.

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. 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

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