Suffrage under Philippine Election Law

Suffrage refers to the right to vote in elections and is a fundamental political right enshrined in the 1987 Philippine Constitution. It allows citizens to participate in the democratic process, specifically in the election of public officials, as well as in plebiscites, referenda, initiatives, and recalls. This right is protected and regulated by various laws, including the Constitution and election laws.

1. Constitutional Provisions on Suffrage

The right to suffrage is guaranteed under Article V of the 1987 Constitution. The key provisions are as follows:

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."

Key Points:

Citizenship: Only Filipino citizens may vote.
Age: Voters must be at least 18 years old.
Residence: A voter must have lived in the Philippines for at least one year and in their local voting area for at least six months before the election.
No substantive qualifications: The Constitution prohibits literacy, property, or any other substantive requirements for exercising the right to vote.

2. Forms of Suffrage

Under the law, suffrage can take the following forms:

Election: The process of choosing public officials through votes.
Plebiscite: A vote by the people to approve or reject a law, typically related to constitutional amendments or changes in political boundaries.
Referendum: A direct vote by the electorate on specific laws or policies proposed by the legislative body or by the people themselves.
Initiative: The right of the people to propose legislation or amendments to the Constitution, which are then subject to a vote.
Recall: A mechanism whereby elected local officials can be removed from office through a vote initiated by the electorate.

3. Who Are Qualified to Vote?

Qualified voters must meet the following criteria:

Filipino citizen.
At least 18 years of age on or before Election Day.
Resident of the Philippines for at least one year and of the place where they propose to vote for at least six months immediately preceding the election.
Not otherwise disqualified by law.

4. Disqualifications from Voting

A person may be disqualified from exercising suffrage for the following reasons, as provided by Section 2 of Article V of the Constitution and pertinent laws such as the Omnibus Election Code (Batas Pambansa Blg. 881):

Insanity or incompetence, as declared by a court.
Conviction of a crime involving disloyalty to the government or any crime punishable by more than one year of imprisonment, unless restored to full civil and political rights.
Loss of Filipino citizenship.
Involvement in rebellion, sedition, or terrorism, as determined by the law or final judicial ruling.

5. Registration of Voters

Voter registration is a mandatory requirement for exercising suffrage. It is governed by Republic Act No. 8189 (The Voter’s Registration Act of 1996) and regulated by the Commission on Elections (COMELEC).

Key provisions include:

Continuous Registration: The law provides for continuous registration of voters, except during specific periods, such as 120 days before a regular election and 90 days before a special election.
Biometric Data: Voters must undergo biometric data capture (fingerprints, photograph, and signature) under the Mandatory Biometrics Registration Act of 2013 (Republic Act No. 10367).
Voter’s ID: A voter’s identification card is issued after successful registration, although failure to present the voter’s ID does not automatically disqualify a voter on Election Day.
Reactivation: Registered voters who have not voted in two consecutive regular elections are deactivated but can apply for reactivation of their records.

6. Absentee Voting

Overseas Absentee Voting (OAV): Republic Act No. 9189, as amended by Republic Act No. 10590, allows Filipino citizens residing or working abroad to participate in national elections (presidential, vice-presidential, senatorial, and party-list elections) and national plebiscites.
Local Absentee Voting: This allows certain groups such as members of the Armed Forces of the Philippines (AFP), Philippine National Police (PNP), and government employees on duty on Election Day to vote ahead of time for national positions.

7. Election Day and Voting Procedures

COMELEC administers the electoral process, including voting, counting, and canvassing of votes. Some key aspects of Election Day include:

Precinct-Level Voting: Voters cast their ballots in precincts, usually located in public schools or designated polling places.
Automated Election System (AES): Republic Act No. 9369 mandates the use of an Automated Election System to ensure the quick, accurate, and credible conduct of elections. The use of vote-counting machines (VCMs) has been in effect in recent elections.
Ballots: Voters are provided with ballots that they must fill out personally by shading the circles corresponding to their chosen candidates.
Poll Watchers: Accredited poll watchers, typically from political parties or accredited citizen groups, are allowed to monitor the proceedings to prevent fraud.
Canvassing of Votes: After the polls close, votes are canvassed at different levels: precinct, municipal/city, provincial, and national.

8. Election Offenses and Prohibited Acts

Election offenses are punishable by law and can result in imprisonment, disqualification from public office, or fines. Some common election offenses under the Omnibus Election Code include:

Vote-buying and vote-selling: Offering money or any consideration in exchange for votes.
Coercion or intimidation: Using force or threats to influence voters.
Electioneering: Campaigning within prohibited periods, including on Election Day.
Illegal campaign propaganda: The use of unlawful posters, media advertisements, or social media content outside the allowable campaign period.
Tampering with election results: Altering or falsifying vote tallies.
Multiple voting: Voting more than once in the same election.
Violation of the prohibition on firearms: Carrying firearms or deadly weapons during the election period is strictly prohibited.

9. COMELEC’s Role in Elections

The Commission on Elections (COMELEC) is a constitutionally established body tasked with enforcing and administering all election laws and regulations. Its key functions include:

Supervision and control of elections.
Registration of political parties, coalitions, and party-list groups.
Setting guidelines for campaign periods and electioneering.
Accrediting citizen arms and independent poll watchers.
Resolution of electoral disputes and offenses.
Enforcing fair election practices.

COMELEC also has quasi-judicial powers to handle election-related disputes, including pre-proclamation controversies, election protests, and quo warranto cases involving the qualification of elected officials.

10. Initiative and Recall

Initiative: Under Republic Act No. 6735, the people may propose amendments to the Constitution or legislation through an initiative. A petition signed by a certain percentage of voters is required.
Recall: Local government officials can be recalled from office for loss of confidence. The recall process is initiated through a petition signed by a percentage of voters from the official’s constituency.

Summary

Suffrage is a cornerstone of Philippine democracy, providing the framework through which citizens exercise their political rights. The 1987 Constitution guarantees suffrage to all eligible Filipino citizens without discrimination based on literacy or property. The process of voting, whether for national or local elections, is governed by laws that ensure fairness, transparency, and accountability. The COMELEC plays a critical role in overseeing the entire electoral process, from voter registration to the resolution of disputes, to maintain the integrity of elections in the Philippines.