Suffrage

Article V
SUFFRAGE
Right to Suffrage
In the scheme of our present republican
government, the people are allowed to have a
voice therein through the instrumentality of
suffrage to be availed of by those possessing
certain prescribed qualifications.
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 to the people.
• It is not all absolute needless to say that it
is an enjoyment of all other rights.
Nature
1. 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.
2. Political Right
• It is classified as political right, enabling
every citizen to participate in the process
of government to assure that its powers
are derived 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 Qualification
1. 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.
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.
What are the types of Election?
1. Regular- refers to an election participated 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.
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 under 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
(OFW)
Age qualification
• There must be some minimum age for voting. No one, no
matter how ardent his belief in democracy, has ever
contended that human being must be permitted to
participate in the section of public officials from the day
of their birth.
• The suffrage qualification is based on the assumption that
under a certain age, human beings do not have the
maturity, experience, education, and sense of judgment
that will enable them to vote with any reasonable degree
of intelligence.
• No general agreement exists as to the exact
age which the individual supposedly attains the
maturity sufficient for political participation.
• While there minimum voting age in every
State, no country, however, has as yet seen fit
to set a minimum age limit.
Residence qualification
✓ A voter must have been a permanent resident of the
Philippines for at list one (1) year preceding the election.
✓ Six (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 locality. Giving him
a right to vote before period, it is contended, will return
in unpurposive and mechanical voting.
✓ The requirement as to residence is desirable in order that
registration list may be prepared and check in ample time
to prevent fraud.
Persons disqualified to vote
The responsibilities of determining who may be
“disqualified by law” and, therefore, may be precluded
for exercising the right suffrage, is left by the constitution
to congress. As to who are disqualified to vote, the law
enumerates them as follow:
1. Any person who has been sentenced by final judgment
to suffer imprisonment for not less than one (1) year,
such disability not having been removed by plenary
pardon or grated amnesty. But such person shall
automatically reacquire the right to vote upon
expiration of five (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 the duty constituted
government such as rebellion, sedition, violation of the
anti-subversion and firearms laws, or any crime against
national security, unless restored to his full civil and
political rights in accordance with laws. Such person
shall likewise automatically regain his right to vote upon
expiration of five (5) years of sentence; and
3. Insane or incompetent persons as declares by competent

authority. The above persons are not qualified to vote
even if they have the necessary qualification.

Suffrage

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Article V

1. Election – means by which people choose their

• A citizen in order to be qualified to exercise

A: a processed by which qualified citizens of the

3. Insane or incompetent persons as declares by competent

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