a n g e l ‘ s n o t e s
election law discussion and cases
suffrage is a political right appertaining to citizenship; an individual is aparticle of
, hence such right cannot be extended to non-citizens;ALLEGIANCE TO THE COUNTRY IS UNDIVIDED3.
for more meaningful expression of sovereignty; voter must possess morethan a passing acquaintance with the problems and prospects of the country (doubleresidence requirement) have resided in the Philippines for at least one year and in theplace wherein they propose to vote, for at least six months immediately preceding theelection.
Does section 5 (d) of Rep. Act No. 9189 violate section 1, Article V of the 1987 Constitution?
In its ordinary conception
connotes the actual relationship of an individual to aspecific place. To be a resident, physical presence of a person in a given area, community orcountry is required
in turn has been defined as an individual's
or “the place to which,
whenever absent for business or for pleasure, one intends to return, and depends on facts andcircumstances in the sense that they disclose intentElements:(1) the fact of residing or physical presence in a fixed place; and(2)
, or the intention of returning there permanently.
requirement refers to a persons domicile.
The second residence
requirement refers to either a persons temporary residence or domicile.
The second residence requirement is relevant for two purposes
: (1) the determination of the place where the voter will register, and (2) the determination of the place where the voterwill vote. It ought to be noted that as a general rule, a person should register and vote in theplace where he has established his domicile or the place where he has resided for six months.
Whether an “immigrant” or a “permanent resident” of a foreign country has lost
his domicile in the Philippines.
3 Classes of Domicile:
Domicile of origin
is acquired by every person at birth and continues until replaced by theacquisition of another domicile.
Domicile of choice
is a domicile chosen by a person to replace his or her former domicile.While intention is a principal feature of domicile of choice, a mere intention without the factof actual presence in the locality cannot bring about the acquisition of a new domicile.