SUFFRAGE
local elective official for loss of confidence prior to the
Section 1.
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 wherein 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.
Who may exercise the right?
(1) All citizens of the Philippines, not otherwise disqualified by law
(2) Who are at least 18 years of age
(3) Who shall have resided in the Philippines for at least one year
in place wherein they propose to vote, for at least 6 months
immediately preceding the election
What us “election”?
- It means by which the people choose their officials for a
definite and fixed period and to whom they entrust for the
time being the exercised of the powers of government
Kinds of election
(1) Regular- one provided by law for the election of officers either
nation wide or in certain subdivision thereof, after the
expiration of the full term of the formers office
(2) Special – one held to fill vacancy in office before the expiration
of the full term for which the incumbent was elected
Is suffrage limited to election?
- No, suffrage also covers the ff:
o Referendum – it is the power of the electorate to
approve or reject legislation through an election called
for the purpose
o Recall – It is the termination of official relationship of a
expiration of his term through the will of the electorate
o Initiative – It is the power of the people to propose
amendments to the Constitution or to proposeand
enact legislations through an election called for the
purpose. I t is the “people power” feature of the
constitution
o Plebiscite – it is the electoral process by which an
initiative on the constitution is approved or rejected by
the people. It is also the means by which the voters in
affected areas consent or object to the change in the
for of local government
o Election
Residence –
(1) In the requirement of “residence in the Philippines” -
The term residence as so used is synonymous with
domicile, which imports not only intention to reside in
a fixed place but also personal presence in that place,
coupled with conduct of such intention.
(2) In the requirement of “residence in the place where to
vote” – residence can mean either domicile,as describe
above, or temporary residence.
Who prescribe disqualification?
- The Congress has been given the discretion to create
disqualifications.
- But, it is prohibited from prescribing any literacy, property, or
other substantive requirements.
- Under the ELECTION CODE, THE FF ARE DISQUALIFIED:
o Any person who has been sentenced by final
judgement to suffer an imprisonment of not less than
one year, such disability not having been removed by
plenary pardon
  But- any person disqualified to vote under this
paragraph shall automatically reacquire the
right to vote upon expiration of five years after
service of sentence
o Any person who has been adjudged by final judgement
by competent court of having violated his allegiance to
the Republic of the Philippines
o Insane or feeble minded person
SUBSTANTIVE REQUIREMENTS
No literacy, property, or other substantive requirement shall be
imposed on the exercise of suffrage.
No literacy test. The removal of this requirement is in keeping
with the trend for the broadening of the electoral base. This is in
keeping with the desire to continue the alienation and exclusion
of millions of citizens from the political system and from
participation in the political life in the country.
Property. The imposition of the property requirement is
inconsistent with the nature and essence of the Republican
system ordained in our Constitution and the principle of social
justice underlying the same.
Procedural requirements. The prohibition of imposition of
additional substantive requirements does not preclude Congress
from establishing procedural requirements in the nature of
implementing regulations designed to ensure the purity of the
electoral process.
o Voter’s registration act. RA 8189 provides that there shall
be no registration 120 days before a regular election and 90 days
before a special election. This was challenged as an o o
unconstitutional limitation on the right of suffrage. However, the
Court held that the State, in the exercise of its police power, may
enact laws to safeguard and regulate the act of voter’s registration
for the ultimate purpose of conducting honest, orderly, and
peaceful election, to the end that pre-election activities can be
performed by the duly constituted authorities in a realistic and
orderly manner. Akbayan v COMELEC.
Biometrics. Biometrics is only part of registration and not a
requirement to vote. Registration is a mere procedural
requirement as it only regulates the exercise of the right of
suffrage. Kabataan Party-List vs COMELEC.Same; police
power. The State, in the exercise of its inherent police power,
may enact laws to safeguard and regulate the act of voter's
registration for the ultimate purpose of conducting honest,
orderly and peaceful election. Thus, RA 10367 (Act Providing
for Mandatory Biometrics Voter’s Registration) is constitutional.
Id
Highly-urbanized cities. Where voters in a HUC were
prohibited from voting for elective provincial officials, the court
said that this was not an imposition of additional substantive
requirements. The residents of the HUC had full suffrage rights
in the city of their residence. Their exclusion in the provincial
elections was merely based on the Provision of the Constitution
that places HUCs, as distinct from component cities, outside the
jurisdiction of government of provinces. Ceniza v COMELEC.
SECTION 2.
The Congress shall provide a system for securing the secrecy
and sanctity of the ballot as well as a system for absentee
voting by qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled
and the illiterates to vote without the assistance of other
persons. Until then, they shall be allowed to vote under
existing laws and such rules as the Commission on Elections
may promulgate to protect the secrecy of the ballot.
What are the Constitutional mandates for Congress in Section 2?
(1) To provide a system for securing the secrecy and sancity of the
ballot, and for absentee voting by qualified Filipinos abroad
(2) To design a procedure for the disabled and the illiterate to vote
without the assistance of other persons
ABSENTEE VOTING
Absentee voting. Process by which qualified citizens of the
Philippines abroad exercise their right to vote. This provision is a
result of a number of Filipinos working abroad, who are
deprived of their right of suffrage due to the Constitutional
residency requirement.The details of the mechanics for absentee
voting have been left to Congress. The current law is RA 9189 or
the Overseas Absentee Voting Act of 2003.
OVERSEAS ABSENTEE VOTING ACT
RA 9189
Section 4: Coverage. – All citizens of the PH abroad, who are not
otherwise disqualified by law, at least eighteen (18) years of age on
the day of elections, may vote for president, vice-president, senators,
and party- list representatives.
RA 9189 allows citizens residing abroad to vote even if they are
recognized as immigrants by the country of their residence.
Affidavit requirement. The law requires them to file an affidavit
declaring that they shall resume actual physical permanent
residence in the PH not later than 3 years from approval of
registration under the said law. This is meant to be a statement
that they never intended to abandon his or her domicile in the
PH.
DISQUALIFICATION
Such absentee voters shall be disqualified if:1. The affidavit is
not submitted; and2. They do not reestablish physical residence
within 3 years.
Application. This provision applies to: (1) Persons who have all
the qualifications but who happen to be temporarily abroad; and
(2) qualified voters who are in the PH but are temporarily absent
from their voting places.
MACALINTAL V COMELEC
Petitioner assails the constitutionality of Section 5(d) of RA 9189
because it is alleged to have violated the residence requirement
under Art V, Sec 1 of the 1987 Constitution. Ultimately, the
Court ruled that the law does not violate the residency
requirement in Section 1 of Article V of Constitution.
Constitutionality. The law was enacted in obeisance to the
mandate of the first paragraph of Section 2, Art V that Congress
shall provide a system for voting by qualified Filipinos abroad.
The strategic location of Section 2 indicates that the
Constitutional Commission provided for an exception to the
actual residency requirement of Section 1 with respect to
Filipinos abroad. Executing an affidavit of intention to return.
Section 5(d) specifically disqualifies an immigrant or permanent
resident who is recognized as such in the host country unless he
executes an affidavit. The reason lies in the implication that
immigration or permanent residence in another country implies
renunciation of one’s residence in his own country. However, by
executing an affidavit, he is presumed not to have abandoned his
domicile by reason of his physical absence from this country.
The execution of the affidavit itself is not the enabling or
enfranchising act. It serves as an explicit expression that he had
not in fact abandoned his domicile of origin
o Absentee voting, with respect to dual citizens. RA 9225 allows
those who reacquire or retain their citizenship to vote under Sec
5(1) of the law. The Court notes that there is no provision in said
law that requires dual citizens to actually establish residence and
physically stay in the PH first before they can exercise their right
to vote. Accordingly, these citizens are allowed to vote under the
system of absentee voting under RA 9189. Nicolas-Lewis vs
COMELEC

- Note: Primer is pissed at this decision because the ruling seems

to suggest that the residency requirement in the Constitution can
be amended through the absentee voting system. It is notable that
RA 9225 does not require dual citizens to execute an affidavit
while RA 9189 requires absentee voters to execute an affidavit.