Article V

Suffrage

Prepared by Raizza Corpuz

 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 of suffrage
1. A mere privilege- suffrage is not a natural right of the citizens but
merely a privilege
2. A political right- , enabling every citizen to participate in the
process of government to assure that it derives its powers from the
consent of the governed (see Art. II sec.1)
3. Plebiscite- to a vote of the people expressing their choice for or
against a propose law or enactment submitted to them
4. Referendum- the submission of a law or part thereof passed by
the nation or local legislative body to the voting citizens of a country
for their ratification
5. Initiative- the process whereby the people directly propose and
enact laws.
6. Recall- tenure method by which a public officer may be removed
from officer may be removed from office during his tenure of before
the expiration of his term
 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.
• Political Right
- it is classified as political right, enabling
every citizen to participate in the process
of government to assure that its powers
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.
 Q: What is an election?

A: It is the selection of candidates to public

office by popular vote.
Q: 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.
• Referendum is the gerund of
the Latin verb refero, and has the
meaning "bringing back"
• The term plebiscite has a generally similar
meaning in modern usage, and comes
from the Latin plebiscita, which originally
meant a decree of the Concilium Plebis
(Plebeian Council)
 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.
2. Plébiscite – 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 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.