Suffrage

Suffrage | ELECTION LAW

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.

Detainee Voting | Suffrage | ELECTION LAW

Detainee Voting in the Philippines: Legal Framework and Jurisprudence

1. Constitutional Foundation for Suffrage

The right to suffrage in the Philippines is a fundamental political right enshrined in the 1987 Constitution. Article V, Section 1 of the Constitution states:

"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."

The constitutional framework, while granting broad suffrage rights, also empowers Congress to pass laws that disqualify certain individuals from voting under specific circumstances.

2. Detainee Voting in the Philippines

Detainee voting refers to the right of qualified individuals under detention to exercise their right to vote. In the Philippines, detainees are not automatically disenfranchised; rather, they retain the right to vote unless they fall under certain legal disqualifications. This is a recognition of the principle that the right to suffrage is a fundamental right that should not be lightly curtailed.

3. Legal Basis for Detainee Voting

The key laws governing detainee voting in the Philippines include:

  • Omnibus Election Code (Batas Pambansa Blg. 881)
  • Republic Act No. 8189 (Voter’s Registration Act of 1996)
  • Republic Act No. 10367 (An Act Providing for Mandatory Biometrics Voter Registration)
  • COMELEC Rules and Regulations on Detainee Voting

Key Provisions of the Omnibus Election Code:

  • Section 118 of the Omnibus Election Code provides that a person may be registered as a voter as long as they meet the requirements for residency and age. Detainees are considered residents of their domicile, which is often their place of residence before detention.

  • Section 155 of the Omnibus Election Code prohibits convicted individuals from voting if they have been sentenced by final judgment to more than one year of imprisonment or have been convicted of crimes involving disloyalty to the government (such as rebellion or sedition).

4. Categories of Detainees Who Can Vote

Qualified Detainees – The right to vote applies to individuals under the following circumstances:

  1. Detainees Under Preventive Detention
    These are individuals detained while undergoing trial but not yet convicted by final judgment. Preventive detention prisoners are presumed innocent under the Constitution, thus they retain their civil and political rights, including the right to vote.

  2. Detainees Who Have Been Convicted but Are Appealing
    Individuals who have been convicted but whose cases are under appeal or whose conviction is not yet final and executory are allowed to vote. Their status is similar to preventive detainees as their conviction is not yet final.

5. Categories of Detainees Who Are Disqualified from Voting

Disqualified Detainees – The following detainees are legally disqualified from exercising their right to suffrage:

  1. Convicted by Final Judgment
    Under Section 155 of the Omnibus Election Code, individuals convicted by final judgment of crimes punishable by more than one year of imprisonment, or crimes involving disloyalty to the government, are disqualified from voting. Disloyalty includes crimes such as rebellion, sedition, and violation of anti-subversion laws.

  2. Convicted of Crimes Involving Moral Turpitude
    Individuals convicted of crimes involving moral turpitude are also disqualified. The Supreme Court defines moral turpitude as acts of baseness, vileness, or depravity in the private and social duties which a person owes to their fellow men or to society in general.

6. Detainee Voting Procedures

The Commission on Elections (COMELEC) has issued rules and regulations governing the process for detainee voting, ensuring that eligible detainees can exercise their right to vote. Key elements include:

  1. Special Polling Precincts in Jails
    COMELEC establishes special polling precincts in detention facilities, including city, district, and municipal jails. These special precincts cater to qualified detainees, ensuring that they can vote without leaving their detention centers.

  2. Registration of Detainee Voters
    Detainees must register under the standard voter registration process to vote. COMELEC conducts off-site voter registration in jails to facilitate the enrollment of detainees in the voter’s registry.

  3. Mode of Voting
    Detainees cast their ballots through the standard election process used nationwide, except that the ballots are cast in precincts established in detention centers.

  4. Monitoring and Security Measures
    The conduct of elections in detention facilities is monitored by COMELEC and election officers. Security is coordinated with the Bureau of Jail Management and Penology (BJMP) to ensure that the elections are peaceful and orderly.

7. Jurisprudence on Detainee Voting

The right of detainees to vote has been affirmed in various cases. One of the landmark decisions is "Cayanong vs. COMELEC" (G.R. No. 135172, July 29, 1999), where the Supreme Court upheld the right of detainees to vote and instructed COMELEC to facilitate voting mechanisms for detainees.

Additionally, in "Holosca vs. COMELEC" (G.R. No. 205683, March 12, 2013), the Supreme Court reiterated that detainees who have not been convicted by final judgment remain qualified to exercise their right to vote.

8. International Standards on Detainee Voting

Detainee voting aligns with international norms, particularly under the following instruments:

  • International Covenant on Civil and Political Rights (ICCPR)
    Article 25 of the ICCPR guarantees the right of every citizen to participate in the political process, including the right to vote, without unreasonable restrictions.

  • UN General Assembly Resolution 45/111 (Basic Principles for the Treatment of Prisoners)
    The UN encourages member states to adopt measures that recognize the political rights of detainees, particularly those not convicted of crimes or those appealing their convictions.

The Philippines' compliance with these standards reflects its commitment to international human rights norms, recognizing that preventive detainees and those awaiting the finality of their convictions are entitled to civil and political rights.

9. Conclusion

The legal framework governing detainee voting in the Philippines seeks to balance the fundamental right to suffrage with the need to impose reasonable restrictions for individuals convicted of serious crimes. Detainees who are under preventive detention or appealing their convictions retain the right to vote, provided they meet the qualifications under Philippine law.

COMELEC’s role in facilitating the registration and voting process within detention centers underscores the state’s responsibility to ensure that every qualified citizen, including detainees, can participate in the democratic process. Jurisprudence and international law further affirm the importance of upholding the political rights of detainees within constitutional and statutory limits.

Local and Overseas Absentee Voting | Suffrage | ELECTION LAW

Election Law: Local and Overseas Absentee Voting in the Philippines

I. Constitutional and Statutory Framework

The right to suffrage is enshrined in the 1987 Philippine Constitution under Article V. However, this is limited to Filipino citizens, including qualified overseas Filipinos, as prescribed by law.

  1. Constitutional Basis (Article V):

    • Section 1 provides that suffrage may be exercised by all citizens of the Philippines, who are not disqualified by law, and who meet the age and residency requirements as may be determined by law.
    • Section 2 allows Congress to design a system for absentee voting by qualified Filipinos abroad.

  2. Statutory Law:

    • The Omnibus Election Code (Batas Pambansa Blg. 881) is the primary legislative framework governing elections in the Philippines. This was further supplemented by Republic Act No. 9189, known as the Overseas Absentee Voting Act of 2003, and later amended by Republic Act No. 10590, otherwise known as the Overseas Voting Act of 2013, to provide specific regulations for absentee voting by Filipinos overseas.

II. Local Absentee Voting (LAV)

Local absentee voting (LAV) allows certain groups of voters who are unable to vote in their place of registration on Election Day due to public service or work obligations to vote for national positions such as the President, Vice President, Senators, and Party-list Representatives. LAV is governed by Executive Order No. 157 and various Commission on Elections (COMELEC) resolutions.

  1. Eligible Voters: Local absentee voters include:

    • Members of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP), who are assigned in places where they cannot vote on Election Day.
    • Government officials and employees, as well as members of the media, including their technical and support staff, who are performing election-related duties.

  2. Requirements:

    • Absentee voters must apply for local absentee voting with the COMELEC before the election period, usually following deadlines specified in official resolutions.
    • They vote in advance, typically 10 days before the actual Election Day, but only for national positions.

  3. Voting Process:

    • Absentee voters cast their votes manually in designated voting centers or through special voting mechanisms set by the COMELEC.
    • Ballots are transmitted to COMELEC and canvassed along with regular election returns.

  4. Disqualifications:

    • Local absentee voters are prohibited from voting for local positions such as mayor or governor, as they are not physically present in their place of registration.

III. Overseas Absentee Voting (OAV)

Overseas absentee voting (OAV) is a mechanism that allows Filipinos residing or working abroad to vote for national positions, including the President, Vice President, Senators, and Party-list Representatives. This right is specifically provided by Republic Act No. 9189 (Overseas Absentee Voting Act of 2003), as amended by Republic Act No. 10590.

  1. Eligible Voters:

    • Filipino citizens abroad who are at least 18 years old on Election Day and are not otherwise disqualified by law.
    • Dual citizens (Filipinos with foreign citizenship but retain their Filipino citizenship) can vote, provided they have registered as overseas voters.

  2. Registration:

    • Overseas Filipinos must register with the Philippine embassy, consulate, or a designated Philippine Overseas Labor Office (POLO) in their country of residence. The COMELEC, through its Office for Overseas Voting (OFOV), administers registration.
    • Registration is open for several months prior to Election Day, and an application for registration is submitted in person or through other methods specified by COMELEC.

  3. Voting Process:

    • Overseas absentee voters may vote via personal voting at Philippine embassies, consulates, or other designated posts, or through postal voting in select jurisdictions.
    • COMELEC Resolutions designate specific modes of voting (postal or personal) depending on the host country’s conditions.
    • Voting is held earlier than the election period in the Philippines, and the period for overseas voting is typically longer, lasting around 30 days before the date of the national election.

  4. Disqualifications:

    • The following are disqualified from participating in overseas absentee voting:
      • Persons convicted by final judgment of a crime punishable by at least one year of imprisonment.
      • Those who have been declared insane or incompetent by competent authority, unless a subsequent declaration has lifted such status.
      • Filipinos who have renounced their Philippine citizenship or pledged allegiance to another country’s government.

  5. Voting for National Positions Only:

    • Overseas absentee voters can only vote for national elective positions (President, Vice President, Senators, and Party-list Representatives). They are not allowed to vote for local officials (e.g., mayor, governor, congressman, etc.) as they are not residents of the localities in the Philippines.

  6. Canvassing and Transmission of Votes:

    • Overseas ballots are transmitted to COMELEC’s central office for canvassing. The embassies or consular offices coordinate the transmittal of ballots and election results.
    • The votes of overseas absentee voters are then consolidated with local votes during the national canvassing process.

IV. Legal Challenges and Issues

  1. Disenfranchisement: Despite the establishment of absentee voting, certain challenges persist, particularly for overseas voters. These include:

    • Lack of access to voting centers in certain countries.
    • Insufficient resources and personnel in embassies and consulates, leading to delays or obstacles in voting processes.
    • Disqualification of those who fail to register within the prescribed period.

  2. Dual Citizens and Absentee Voting: The Dual Citizenship Act (Republic Act No. 9225) permits natural-born Filipinos who have acquired foreign citizenship to retain or re-acquire their Philippine citizenship, thus enabling them to vote in Philippine elections. However, this often requires additional administrative steps such as re-registration as an overseas absentee voter.

  3. COMELEC Resolutions: Each election cycle, the COMELEC issues updated guidelines and resolutions to implement the Overseas Absentee Voting Act. These resolutions cover details such as the specific schedules, modalities, and operational instructions for implementing both local and overseas absentee voting systems.

  4. Technical and Security Concerns: Issues related to the security of postal ballots and the integrity of personal voting abroad have been raised, particularly in ensuring that the sanctity and secrecy of the vote are maintained. The possibility of fraud or coercion, particularly in countries with significant Filipino populations, requires vigilance from both COMELEC and the Department of Foreign Affairs (DFA).

V. Conclusion

The laws governing Local and Overseas Absentee Voting in the Philippines are aimed at expanding the right of suffrage to citizens who are unable to vote in their local precincts on Election Day, particularly due to public service obligations or residency abroad. While legislative measures such as the Overseas Voting Act and related COMELEC resolutions have laid down the legal framework, actual implementation has faced various logistical and procedural challenges, particularly with overseas voting.

Nevertheless, the existence of these voting systems marks a significant step in ensuring that Filipino citizens, regardless of their location, can participate in the democratic process.

Inclusion and Exclusion Proceedings | Suffrage | ELECTION LAW

Inclusion and Exclusion Proceedings in Election Law

Inclusion and exclusion proceedings form a critical aspect of the electoral process in the Philippines. These proceedings are designed to ensure the accuracy and integrity of the voters' list by resolving disputes over the inclusion or exclusion of individuals in the official registry of voters. The legal framework governing these proceedings is primarily found in the Omnibus Election Code of the Philippines (Batas Pambansa Blg. 881), the Voter’s Registration Act of 1996 (Republic Act No. 8189), and relevant jurisprudence.

A. Legal Basis

  1. Omnibus Election Code (Batas Pambansa Blg. 881)

    • The Omnibus Election Code provides the general framework for the conduct of elections, including provisions on voters' qualifications and the registration process.

  2. Voter’s Registration Act of 1996 (Republic Act No. 8189)

    • This Act specifically addresses the system for continuing voter registration and includes detailed provisions on inclusion and exclusion proceedings.

  3. COMELEC Rules and Regulations

    • The Commission on Elections (COMELEC) issues specific rules and regulations that implement the provisions of the Omnibus Election Code and RA 8189 with respect to inclusion and exclusion proceedings.

B. Purpose of Inclusion and Exclusion Proceedings

Inclusion and exclusion proceedings are conducted to determine the rightful inclusion or exclusion of a person’s name in the voters' list. These proceedings are essential in maintaining the integrity of the electoral roll and ensuring that only qualified individuals are allowed to vote, while those who do not meet the qualifications are excluded.

Key Objectives:

  1. Inclusion Proceedings:

    • Filed to include an individual who claims that their name has been unlawfully omitted from the list of voters.

  2. Exclusion Proceedings:

    • Filed to exclude a person whose name is alleged to have been unlawfully included or should not appear on the list of voters, either because they do not meet the qualifications or due to other legal grounds.

C. Who May File?

For Inclusion Proceedings:

  • Any person whose application for registration has been disapproved by the Election Registration Board (ERB).
  • A person whose name has been omitted from the list of voters.

For Exclusion Proceedings:

  • Any registered voter in the same city or municipality where the person whose exclusion is sought is registered.
  • Political parties through their authorized representatives.
  • The Election Registration Board (ERB), when a person has been unlawfully registered.

D. Jurisdiction

Inclusion and exclusion proceedings are filed with the Municipal Trial Court (MTC) or Metropolitan Trial Court (MeTC) of the city or municipality where the registration was made. The court is mandated to act on these cases promptly to ensure the timely finalization of the list of voters before election day.

E. Procedure for Inclusion and Exclusion Proceedings

1. Filing of Petition:

  • The petition must be filed within ten (10) days from the posting of the list of voters by the Election Registration Board (ERB) or within twenty-five (25) days after the last day of registration, whichever comes first.

2. Contents of the Petition:

  • The petition must state the full name and address of the petitioner, the facts constituting the grounds for inclusion or exclusion, and the names and addresses of witnesses, if any.

3. Notification:

  • For exclusion proceedings, the person whose exclusion is sought must be notified at least five (5) days before the scheduled hearing.
  • The court will notify the Election Officer who, in turn, will notify the public by posting the petition on the bulletin board of the local election office.

4. Summary Proceedings:

  • Inclusion and exclusion cases are summary in nature, meaning that the proceedings are conducted expeditiously and without the complexities of a full-blown trial.
  • The court is required to resolve the case within fifteen (15) days from the date the petition is filed.

5. Appeal:

  • Any party aggrieved by the decision of the trial court may file an appeal with the Regional Trial Court (RTC) within five (5) days from receipt of the decision.
  • The RTC must decide the appeal within ten (10) days from receipt of the appeal, and its decision is final and executory.

F. Grounds for Inclusion or Exclusion

Grounds for Inclusion:

  • The petitioner is a qualified voter but was erroneously omitted from the list of voters.
  • The petitioner’s registration application was wrongly denied by the ERB despite meeting all legal qualifications for registration.

Grounds for Exclusion:

  • The person is disqualified from voting under Article V, Section 1 of the 1987 Constitution, which outlines the qualifications of voters.

    • Age: Not at least eighteen (18) years of age.
    • Citizenship: Not a Filipino citizen.
    • Residency: Does not meet the six (6) months residency requirement in the locality where the person intends to vote.
    • Disqualified by law: Includes persons who have been sentenced by final judgment for a crime punishable by more than one year of imprisonment, unless their rights have been restored, and those who have been declared insane or incompetent by a competent authority.

  • The person has transferred residence to another locality and is no longer a resident of the precinct where they are registered.

  • The registration was obtained through fraud, misrepresentation, or illegality.

G. Decision and Effect

The decision of the trial court in inclusion and exclusion cases has the following effects:

  • For Inclusion Proceedings:

    • If the court grants the petition, the person’s name is ordered to be included in the official voters' list for the election.

  • For Exclusion Proceedings:

    • If the court grants the petition, the person’s name is ordered to be stricken off the official voters' list.

In both cases, the court’s ruling is final and executory, subject only to a limited appeal as mentioned above. The final list of voters becomes the basis for determining who is eligible to vote in the upcoming election.

H. Key Jurisprudence

  1. Abubakar v. Commission on Elections (2000)

    • In this case, the Supreme Court reiterated the necessity of following due process in inclusion and exclusion proceedings, especially the requirement for timely notice to the parties involved.

  2. Aquino v. Commission on Elections (2010)

    • The Court emphasized the importance of substantial compliance with residency and citizenship requirements in exclusion proceedings.

  3. Peñera v. Commission on Elections (2009)

    • This case highlighted that a candidate’s act of filing a certificate of candidacy does not constitute automatic abandonment of residency for voter registration purposes.

I. Conclusion

Inclusion and exclusion proceedings serve as important mechanisms to safeguard the integrity of the voters' list, ensuring that only qualified individuals are permitted to vote in elections. The streamlined, summary nature of these proceedings allows for their timely resolution, which is crucial to the proper conduct of elections. Given the significant role these proceedings play, it is essential that courts, election officers, and parties adhere strictly to procedural rules to protect the sanctity of the electoral process.

Registration and Deactivation of Voters | Suffrage | ELECTION LAW

Election Law: Registration and Deactivation of Voters under the Context of Suffrage in the Philippines

I. Constitutional Foundation of Suffrage in the Philippines

The right to suffrage is enshrined in the 1987 Philippine Constitution under Article V, Section 1. It 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."

Suffrage is not only a right but also a constitutional duty. It is exercised through the process of registration, voting, and the protection of the sanctity of the ballot.

II. Voter Registration

Voter registration is the process by which qualified citizens are enrolled in the list of voters maintained by the Commission on Elections (COMELEC). The registration of voters is governed primarily by Republic Act No. 8189, otherwise known as "The Voter’s Registration Act of 1996", along with the relevant provisions in the Omnibus Election Code.

A. Who May Register
As per Section 9 of Republic Act No. 8189, the following are the qualifications for a person to be registered as a voter:

  1. Citizenship: Must be a Filipino citizen.
  2. Age: Must be at least eighteen (18) years of age on or before the day of the election.
  3. Residency: Must have resided in the Philippines for at least one (1) year and in the place where the voter intends to vote for at least six (6) months immediately preceding the election.
  4. Not otherwise disqualified by law: Voters must not be disqualified by law from voting (such as certain criminal convictions or other legal restrictions).

B. Who Are Disqualified from Registering
According to Section 11 of R.A. 8189, the following persons are disqualified from registering as voters:

  1. Those who have been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon or amnesty. However, any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon the expiration of five years after service of sentence.
  2. Any person adjudged by final judgment by competent court or tribunal of having violated their allegiance to the Republic of the Philippines.
  3. Insane or incompetent persons declared as such by competent authority.

C. Application for Registration
To register, a voter must personally file an application for registration with the Office of the Election Officer (OEO) of the city or municipality where they reside. The COMELEC, through its election officers, conducts a general registration or a continuing system of registration. The application must be submitted in person and may not be submitted by proxy or representative.

The application includes necessary details such as:

  1. Full name, date, and place of birth.
  2. Citizenship.
  3. Civil status.
  4. Residency.
  5. A voter’s sworn statement that they possess all the qualifications and none of the disqualifications.

III. Deactivation of Registration

A. Grounds for Deactivation
Deactivation of voters is governed by Section 27 of R.A. 8189. A voter’s registration can be deactivated for the following reasons:

  1. Failure to vote in two consecutive regular elections: A voter’s registration will be deactivated if they fail to vote in two successive regular elections (e.g., national and local elections). The COMELEC periodically conducts a verification process to update its voters' list.

  2. Conviction by final judgment of crimes punishable by imprisonment of more than one year. However, voters automatically regain their right to vote five (5) years after serving their sentence, unless disqualified for other reasons.

  3. Adjudged by final judgment to have committed an act of rebellion, sedition, violation of the firearms law, or any crime against national security.

  4. Loss of citizenship: A person who has renounced Philippine citizenship or has become a citizen of another country will be deactivated.

  5. Declaration of insanity or incompetence by competent authority.

B. Deactivation Process
The Election Registration Board (ERB) plays a crucial role in the deactivation of voters. The process usually follows these steps:

  1. Verification: The ERB regularly reviews the voter registry and checks the records for voters who may be subject to deactivation (e.g., failure to vote or legal disqualification).

  2. Notice: Voters whose registrations are subject to deactivation are notified by the COMELEC, through personal notice or publication, prior to deactivation. A hearing is set before the ERB to decide on the matter.

  3. ERB Decision: The ERB decides on whether to approve or deny the deactivation. This decision is appealable before the COMELEC or the courts if any aggrieved party contests it.

IV. Reactivation of Registration

Deactivated voters may apply for reactivation of their registration records under Section 28 of R.A. 8189. The application is filed with the Office of the Election Officer of the city or municipality where the voter resides.

Grounds for Reactivation include:

  1. Service of Sentence: If the voter’s registration was deactivated due to imprisonment or conviction of a crime, they may reapply for reactivation after the completion of their sentence, provided that five (5) years have passed since their release.

  2. Voluntary or involuntary absence from two elections: A voter who was deactivated for failing to vote in two successive regular elections can reactivate their registration by applying to the ERB prior to the upcoming elections.

  3. Return of Citizenship: Those who were deactivated due to loss of citizenship can apply for reactivation upon reacquisition of Filipino citizenship.

  4. Cure of legal incompetence or insanity: Those who were declared insane or incompetent may apply for reactivation upon recovery and a formal court declaration affirming their capability to participate in elections.

V. Continuing Registration and System Updates

COMELEC is mandated under Section 8 of R.A. 8189 to conduct a continuing system of registration of voters. This is typically done during specific periods announced by COMELEC, but no registrations can be done during a period beginning 120 days before a regular election and 90 days before a special election.

During the registration period, the COMELEC can accommodate new voter registrations, reactivations, and transfer of voter records. The Biometrics System under R.A. 10367 requires all voters to have biometrics data captured, including fingerprints, photographs, and signatures, which are stored in the COMELEC database.

Failure to provide biometrics data will result in the deactivation of the voter’s registration.

VI. Judicial Review and Remedies

COMELEC decisions regarding registration, deactivation, and reactivation can be subject to judicial review. Aggrieved parties may file a petition before the COMELEC for reconsideration, or they can elevate the matter to the Supreme Court via a petition for certiorari on questions of law or jurisdiction.

Any decision or order of the COMELEC in relation to voter registration, deactivation, or reactivation must be based on the evidence presented during the hearing of the ERB.

VII. Conclusion

The processes of registration and deactivation of voters in the Philippines are crucial elements of the country’s election laws. Registration ensures that only qualified citizens are able to exercise the constitutional right of suffrage, while deactivation serves to maintain the integrity of the electoral process by excluding ineligible individuals from participating in elections. Both mechanisms work within the framework of due process and ensure that voters' rights are protected while preserving the credibility of elections.

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.

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.

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