|. GENERAL PRINCIPLES A. Definitions. 1. _Sufrage: the igh to vote inthe elacon of officers chosen by the people ‘and in the detemination of questions submitted io the pecple. Includes within ts ‘scope: election, plebiscite, intiatve ane referendum. 2. Election:tha means by which the people choose ther cfcialsfora dairite ‘and fied period and to whom they enust fcr the tine being the exercise of fhe ‘powers of govenment. Kinds: 2) gular: one provided by law forthe election of offcers either ration~ wide or in certain subvisions thoreef, ator the expiration ofthe fll torm of tho former offices. 'b)Spacial: ene held tofilla vacancy in ofee before the extirafon of he {ull term for which te incumbent was elacted B. Theories on Suffrage. 1. Natura right theory: Sufrage is aratural and inherent ight ofevery ctizan who is net disqualifed by reason of his own reprchensile conductor unitness. 2. Socal expectancy: Sutrage isa public office or functon conferred upon. the clizen fr reasons of socal expediency; conferred upon those who ere fit and ‘capable of dacharging 3. Tribal teary: itis a necessary attibute of membership inthe State. 4. Feudal theory Itis an adjunct of a particular siats, generaly tenurialin character, Le. a vested pivilege usually accompanying ownership of lard. ‘5. Ethical theory. It's anecessary and essential means forthe development of society. C._Theory prevailing in the Philippines: Sutfrageis both a privilege and an cbigetion. D. Syst0m of oloction adopted in tho Phillppinos: Since 190%, the Australian systam, fist conceived by Francis S. Dutten, a momber of ho Legislature of South Australia. The distinguishing feature of the system is stict ‘secreny in balloing E. Constitutional mandate on Congress [Sec.2, Art. V, Constitution: 1 To provide asystem fr securing the secrecy and sanctiy cf th ball, and for absertoe voing by qualified Fiiinos abroad.2) Seo. 12, A. A.7166 provides fo: absentee voting, but & applicable onl to the ‘lections forthe Prosidort, Vice Prosidont and Senators, and lnited te mombors ofthe mec Forces of the Philippines and the Philippine National Police and other ‘government offcers and employees who are duly regstered voters and who. on election day. may temporary be assigned in connection with the performance ct election duties to places whee they ae rot registered vols. b) R.A S189 (The Overseas Absentee Voling Act of 2003) addressed the ‘need for averseas Filipinos to be able to vote in Phiippine eleatians. Seo following (Chapter on VOTERS: QUALIFICATION AND REGISTRATION, for more detailed discussion. 2. To design a provedure for the dsabled and the iliteate to vote without the assistance of ner persons. Election poriod, Unless otnorwiso fixocby the Comelocin special cases, tho ‘election period shall commence 90 days before the day of the election and shall ‘end 30 days thereafter /Sec. 9, Art IX-C, Consttuton]|. COMMISSION ON ELECTIONS [See CHAPTER XI, CONSTITUTIONAL LAW] Ill. VOTERS: QUALIFICATION AND REGISTRATION ‘A. Qualifications for suttrage:"Sutrage may be exercised by al ettzane ofthe Phitppines not ofvevise disqualified by lav, who are at least eghieen years of ge. and who shal have resided nthe Philpnnes for at leastone year and inthe ‘place wherein they propose to vote for atleast six montis immediately preceding the election No literacy, propery, or other substantve requirement shall be ‘imposed on the exerase of sutrage (Seo. 1, Ar. ¥, Consttuton}. 1. Any petson who transfers residence to another city, municipality or ‘county solely by teason of his occupation, profession or employment in private or Public service, education, etc., shall not be deemed to have lost his original residence (Sec. 117, BP 881) 2._ In Makalintal v. Comelec, GA. No. 157013, Jly 3, 2008, challenged as Unconstitutional was Sec. (0) of R.A. 9189 (The Overseas Absentee Votng Act ‘of 2003), which provides that among those disqualified to vote iS an immigrant or ‘a permanent resident (ot another county) who Is recognized as such inthe Nost ‘county, unless he’ste executes an affidavit declarng the he’ she shall resume actual, physical, permanentresidencs in the Phiippines nat later than three years {ram approval of his hor registation under the said Act and that he'sho had not applied for ctzenship in another country. On this challenge, the Supreme Court ‘sad thai inasmuch as the essence of RA. 9189 is to eniranchse overseas, ‘ualied Filpinos, the Cour should take holistic view ofthe pertinent provisos ‘ofboth the Constéution and R.A. 9189. The law was eracted in obeisance to the mandate ofthe fist paragraph of Sec. 2, A.V ofthe Constitution, that Congress ‘shall provide a system for voting by quaited Filipinos abroad. It must be sessed that Sec. 2 does not provide for the parameters of the exercise of legsiative ‘authority in enacting said lew. Hence, in the absence of restrictions, Congress is resumed 1o have du exercised its functon as defined in At. VI of the Consitution. a) In his case, the Supreme Court continued by saying that contrary to the claim of petitioner, the execution cf the affidavit tseif is not the enabling or cenfranctising act. The affidavit required is not only proof of the intention of the immigrant or permanent resident to go back and resume residency in the PPhippines, Dut more signifeantly t serves as an expllct expression that