Politics and Governance

with Philippine
Constitution
Prepared by: Neil John Tenajeros Audan

May 26, 2015

 RIGH
The

T to VOTE
SUFFRAGE
Article V of the 1987 Philippine
Constitution
Objectives
• To define Suffrage
• To understand the meaning of Suffrage in
today’s context
• State the Importance of Article V of the
Philippine Constitution
Suffrage
- Suffrage as conferred by the constitutional
provision is not a natural right of the
citizens, but a political right intended to
enable them to participate in the process of
government to assure it derives its powers
from the consent of the governed.
(Pungutan vs. Abubakar, L-33541, 20 June 1972) [1]
Section 1
(Article V of the 1987 Philippine Constitution) [2]

- Suffrage may be exercised by all citizens of the

Philippines not otherwise disqualified by law, who
are at least eighteen years of age, and who shall
have resided in the Philippines for at least one year
and in the place where they propose to vote for at
least six months immediately preceding the
election. No literacy, property, or other substantive
requirement shall be imposed on the exercise of
suffrage.
Qualifications
A person is qualified to vote if he is:

- A citizen (male or female) of the Philippines

- Not otherwise disqualified by law
- At least 18 years of age; and
- Have resided in the Philippines for at least one (1)
year and in the place wherein he proposes to vote
for at least six (6) months preceding the election.
Nature of Suffrage
A MERE PRIVILEGE
Suffrage is not a natural right of the citizens by merely a
privilege to be given or withheld by the lawmaking power
subject to constitutional limitations. Suffrage should be
granted to individuals only upon the fulfillment of certain
minimum conditions deemed essential for the welfare of
society.

A POLITICAL RIGHT
In the sense of a right conferred by the Constitution, suffrage
is classified as a political right, enabling every citizen to
participate in the process of government to assure that it
derives the powers from the consent of the governed.
Disqualifications to vote
1. Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one (1) year, such disability not
having removed by plenary pardon or granted amnesty. But such
person shall automatically reacquire the right to vote upon expiration
of 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
duly constituted government such as rebellion, sedition, violation of
the anti-subversion and fire-arms laws or any crime against national
security unless restored to his full civil and political rights in
accordance with law. Such person shall likewise automatically regain
his right to vote upon expiration of five (5) years after service of
sentence
3. Insane or incompetent persons as declared by competent authority.
Scope of Suffrage
Election
It is the means by which the people choose their officials for
definite and fixed periods and to whom they entrust, for the
time being as their representatives, the exercise the powers
of government;

Plebiscite
It is the name given to a vote of the people expressing their
choice for or against a proposed law or enactment submitted
to them. The term also applied to an election at which any
proposed amendment to, or revision of, the Constitution is
submitted to the people for their ratification. A plebiscite is
also required by the Constitution to secure the approval of
the people directly affected before certain proposed changes
affecting local government units may be implemented.
Scope of Suffrage
REFERENDUM
It is the submission of the law or part thereof passed by the national
or local legislative body to the voting citizens of a country for their
ratification or rejection.

INITIATIVE
It is the process whereby the people directly propose and enact laws.

RECALL
It is a method by which a public officer may be removed from office
during his tenure or before the expiration of his term by avote of the
people after registration of a petition signed by a required percentage
of the qualified voters.
Solve the case:
At the age of 6, Juan de la Cruz, a Filipino, migrated to US
with his family and acquired citizenship there. Not so happy with
his life in US, he returned after ten years to the Philippines on
June 12, 2009 and decided to reside in Makati while waiting for
the approval of his petition for the reacquisition of his Filipino
citizenship. After six months of waiting, his petition was finally
granted by Makati RTC and restored his Filipino citizenship.
Afterwards, on January 7, 2010 he went back to his hometown
Victoria, Laguna to permanently reside there and start anew.
However, he noticed that little things have changed since he left
for US 10 years ago. Widespread poverty is still evident on the life
of the people of Victoria. On that year, the national election will be
held on May 11, 2010 and he decided that he will register and vote
on that election so that there will be a changed in the socio-
economic condition of his town.
Solve the case:
Will he be allowed to register and vote by the COMELEC
Officer of the Municipality of Victoria, Laguna?
Sources:
1. 1 43 SCRA p.1
2. The 1987 Philippines Constitution (Article V)
3. Politics, Governance and the Philippine Constitution, by
Dionesio Rivas and Michael M. Nael
“Thank you! ”