Qualifications and Disqualification of Voters | Suffrage | ELECTION LAW

Election Law: Suffrage - Qualifications and Disqualifications of Voters

I. Concept of Suffrage

Suffrage is the right to vote in the election of public officials and to participate in national or local referenda and plebiscites. It is both a privilege and a responsibility, vital to democratic governance. In the Philippines, suffrage is primarily governed by the 1987 Constitution, the Omnibus Election Code (Batas Pambansa Blg. 881), and other relevant laws and jurisprudence.

Article V, Section 1 of the 1987 Philippine Constitution provides that:

“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.”

This constitutional provision outlines both the qualifications and disqualifications of voters, which are further detailed by statutory laws, particularly in the Omnibus Election Code and pertinent legislation.

II. Qualifications of Voters

Under the 1987 Philippine Constitution and relevant statutes, the following are the qualifications for a voter in the Philippines:

1. Citizenship: The individual must be a citizen of the Philippines. Non-citizens, including resident aliens or foreign nationals, cannot exercise the right to vote. The voter must prove his or her citizenship if questioned during the registration process.

2. Age: The individual must be at least 18 years old on the day of the election or plebiscite. This requirement ensures the maturity and understanding necessary for making informed decisions.

3. Residence:

   • The voter must have resided in the Philippines for at least one year immediately preceding the election.
   • Additionally, the voter must have resided in the place where he/she intends to vote for at least six months before the election. The place of residence refers to the voter's permanent domicile.

4. Registration: The individual must be registered with the Commission on Elections (COMELEC) to be qualified to vote. Registration is a prerequisite for the exercise of suffrage, though failure to register does not permanently disqualify a person from voting in future elections, provided they register at a later date.

5. No substantive requirements: The Constitution explicitly states that there shall be no literacy, property, or other substantive requirement imposed on the exercise of suffrage. This is in line with the democratic principle of universal suffrage, ensuring that the right to vote is not restricted by wealth, education, or social status.

III. Disqualifications of Voters

The following are the disqualifications to vote as provided under the law:

1. Non-Citizenship: As only Filipino citizens are allowed to vote, any person who is not a Filipino citizen is automatically disqualified. Dual citizens, however, may still vote as long as they satisfy the residency and other qualifications, and provided that they register under the existing laws for dual citizens.

2. Age Disqualification: Those below 18 years of age are disqualified from voting. The age requirement is absolute and is strictly enforced to ensure maturity in making electoral decisions.

3. Non-Compliance with Residency Requirements:

   • A person who has not resided in the Philippines for at least one year or in the place where they intend to vote for at least six months prior to the election date is disqualified from voting in that election.
   • Voters who change their residence within the Philippines must ensure that they meet the residency requirement in the new location to vote.

4. Disqualifications Imposed by Law: Certain persons are disqualified from voting due to the following legal reasons:

   • Insanity or incompetence: Persons who are insane or incompetent, as declared by a court, are disqualified from voting. This disqualification must be based on a final judicial ruling.
   • Conviction of crime involving disloyalty to the state: Persons convicted by final judgment of crimes such as rebellion, sedition, violation of the anti-terrorism law, or any crime involving disloyalty to the state are disqualified. However, once the person has served their sentence, they may regain the right to vote through a court order.
   • Conviction of crime punishable by more than 18 months of imprisonment: Persons convicted by final judgment of a crime involving moral turpitude or imprisonable for more than 18 months are disqualified from voting. Moral turpitude refers to acts that are inherently immoral, such as fraud, theft, or perjury. After the sentence has been served and civil rights restored, the person may vote again.

5. Failure to Register: As voter registration is a prerequisite for voting, any person who fails to register with the COMELEC will be disqualified from voting. However, this disqualification is not permanent, and the person may requalify by registering at a later date.

IV. Special Considerations for Certain Voters

1. Absentee Voting (RA 9189 as amended by RA 10590):

   • Overseas Absentee Voting (OAV): Filipino citizens living or working abroad may vote in national elections (e.g., presidential and senatorial elections) through absentee voting. They must register as absentee voters, and they are exempt from the residency requirement in the Philippines but are subject to the residency requirement in their place of residence abroad.
   • Local Absentee Voting: Government officials, members of the Armed Forces, the police, and media personnel who are on duty on Election Day may also participate in local absentee voting, which allows them to vote in advance of the scheduled election day.

2. Persons with Disabilities (PWDs) and Senior Citizens:

   • Special provisions under the Election Law cater to PWDs and senior citizens, providing accessible voting facilities and options for assisted voting if needed. Republic Act No. 10366 mandates the creation of accessible polling places to accommodate PWDs and senior citizens.

3. Indigenous Peoples (IPs):

   • Under the Indigenous Peoples’ Rights Act (IPRA), IPs have the right to participate in elections and referenda. Cultural considerations and geographical accessibility are taken into account to ensure that members of indigenous communities can vote.

V. Legal Procedures Related to Qualifications and Disqualifications

1. Voter Registration:

   • The COMELEC is responsible for handling voter registration, maintaining voter databases, and conducting voter education. Prospective voters must go through a registration process where they will provide personal details and undergo biometrics capture.

2. Challenges and Petitions for Inclusion or Exclusion:

   • Inclusion: A person who believes they have been wrongfully excluded from the voter registry may file a petition for inclusion with the court.
   • Exclusion: Conversely, any qualified voter, political party, or election official may file a petition for exclusion against any person in the voter registry who does not meet the qualifications or is disqualified by law. This is typically brought before a municipal or metropolitan trial court.

3. Restoration of Voting Rights:

   • A person who has lost their right to vote due to conviction of a crime, mental incapacity, or other legal disqualifications may seek restoration of their civil rights once they have served their sentence, been rehabilitated, or had their mental competency restored by a court.

VI. Relevant Laws and Jurisprudence

1. 1987 Philippine Constitution, Article V, Sections 1 and 2.
2. Omnibus Election Code (Batas Pambansa Blg. 881): Comprehensive legislation governing elections in the Philippines, including voter qualifications, disqualifications, and registration procedures.
3. Republic Act No. 9189 (Overseas Absentee Voting Act) as amended by RA 10590.
4. Republic Act No. 10366: Mandating accessible voting places for PWDs and senior citizens.
5. Jurisprudence: Numerous decisions of the Supreme Court have clarified the application of suffrage laws, including the interpretation of qualifications, disqualifications, and the process of inclusion or exclusion in voter lists.

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This detailed outline reflects the legal framework governing suffrage in the Philippines, particularly the qualifications and disqualifications of voters. Each point is grounded in both the 1987 Constitution and relevant statutes, ensuring clarity and adherence to the principles of democratic participation.