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SYLLABUS
I. General Principles
a. Suffrage
b. Qualifications and disqualifications of a voter
c. Petition for Inclusion/Petition for Exclusion
Sources of Election Law
GENERAL PRINCIPLES
 1987 Constitution  RA 8189 (Voter’s Registration Act of 1996)
 BP 881 (Omnibus Election Law, 1985)  RA 8295 (Proclamation of Lone Candidate in Special Elections,
 RA 6646 (Electoral Reforms Law of 1987) 1997)
 RA 6735 (Law Providing for Initiative and Referendum)  RA 8436 (Automated Election System, 1997)
 RA 7160 (Local Government Code)  RA 9006 (Fair Election act of 2001)
 RA 7166 (1991 Synchronized Elections Law)  RA 9189 (The Overseas Absentee Voting Act of 2003)
 RA 7941 (Party-List System Act, 1995)  The COMELEC Rules of Procedure
b. Special – one held to fill a vacancy before the
SUFFRAGE expiration of the term for which the incumbent was
Constitutional Basis of Suffrage elected.
- Suffrage may be exercised by all citizens of the Philippines,
not otherwise disqualified by law, who are at least eighteen 2. Plebiscite – the electoral process by which an initiative on
years of age and who shall have resided in the Philippines the Constitution is approved or rejected by the people. (Sec.
for at least one year and in the place wherein they propose 3, RA 6735)
to vote, for at least six months immediately preceding 3. Initiative – the power of the people to propose amendments
election. to the Constitution or to propose and enact legislation
- No literacy, property, or other substantive requirement shall through an election called for the purpose.
be imposed on the exercise of suffrage.
Three System of Initiative
Suffrage a. Initiative on the Constitution – refers to a petition
- It is the right to vote in the election of officers chosen by the proposing
people and in the determination of questions submitted to amendments to the G.R. No. 111230
the people. Constitution. G.R. No. 154198
- It is the right and the obligation of qualified citizens to vote in b. Initiative on Statutes – G.R. No. L-33541
(1) the election of certain national and local officers of the refers to a petition
government and in (2) the decision of public questions proposing to enact a national legislation.
submitted to the people. c. Initiative on Local Legislation – refers to a petition
proposing to enact a regional, provincial, city,
Nature of Suffrage municipal, or barangay law, resolution or
1. Not a natural right but merely a privilege given or withheld by ordinance.
the lawmaking power subject to the constitutional limitations
2. Not absolute 4. Referendum – the power of the electorate to approve or
3. As a right conferred by the constitution, it is classified as a reject a legislation through an election called for the purpose.
political right as well as bounden duty of every citizen
4. Based upon the theory that the people who bear the burden Two Classes of Referendum
of the government should share in the privilege of choosing a. Referendum on Statutes – refer to a petition to approve
the officials of the government or reject an act or law, or part thereof, passed by
5. As a duty it is in the nature of public trust Congress.
b. Referendum on Local Law – refers to a petition to
Theory on Suffrage approve or reject a law, resolution or ordinance enacted
1. Natural Right Theory: Suffrage is a natural and inherent by regional assemblies and local legislative bodies.
right of every citizen who is not disqualified by reason of his
own reprehensible conduct or unfitness. 5. Recall – the termination of official relationship of a local
2. Social Expediency: Suffrage is a public office or function elective official for loss of confidence prior to the expiration
conferred upon the citizen for reasons of social expediency; of his term through the will of the electorate.
conferred upon those who are fit and capable of discharging
it. Requirements for Exercise (CARA)
3. Tribal Theory: It is a necessary attribute of membership in 1) Citizenship
the State. 2) Age
4. Feudal Theory: It is an adjunct of a particular status, 3) Residency
generally tenurial in character. 4) Absence of Disqualifications
5. Ethical Theory: It is a necessary and essential means for
the development of society. Power of Congress to Regulate Suffrage
- Congress can regulate the right to suffrage since it is not a
Scope of Suffrage natural right but a political right. It is within the power of the
1. Election – the means by which the people choose their State to prescribe the manner in which the right shall be
officials for definite and fixed periods and to whom they exercised.
entrust, for the time being as their representatives, the - Subject to constitutional restrictions, congress has the power
exercise of powers of the government. to:
o Define qualifications of voters
Components of an Election: o Regulate elections
a. Selecting candidates to public office by popular o Prescribe form of official ballot
vote; o Provide for the manner in which candidates shall
b. Holding of electoral campaign; be chosen and the names that shall be printed
c. Conducting of the polls; upon the ballot
d. Listing of votes; o Regulate the manner and conduct of elections
e. Casting and receiving the ballots from the voters; o Exercise of police power
f. Counting the ballots;
Constitutional Provision on Suffrage
Kind of Election
Article V, Section 1 (Qualification of Voters)
a. Regular – one provided by law for the election of
1. Must not be disqualified by any law
officers either nationwide or in certain subdivisions
2. At least 18 years of age on the date of the election
thereof, after the expiration of the dull term of the
3. Must be a Filipino citizen
former officers.
4. Resided:
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a. In the Philippines for at least one year a. Are candidates for or are
b. In the place wherein they propose to vote for at occupying any public office in the
least 6 months immediately preceding the election country of which they are
naturalized citizen; and/or
Article V, Section 2 – Congress shall provide a: b. They are in active service as
1. System for securing the secrecy and sanctity of the ballots commissioned or non-
2. System for absentee voting for qualifies Filipinos commissioned officers in the armed
3. Procedure for the disabled and illiterate to vote without the forces of the country which they
assistance of other persons are naturalized citizens

Substantive Requirements for the Exercise of the Right of Summary of RA 8189 (The Overseas Absentee Voting Act of 2003)
Suffrage - This law ensures equal opportunity to all qualified citizens of
1. Literacy – was removed by the 1973 Constitution the Philippines abroad in the exercise of their right to
2. Property – under the 1987 constitution, Congress cannot participate in the election of President, Vice-President,
impose property requirement Senators, and Party-list Representatives.
a. Property ownership not a test of an individual of an Absentee voting
individual capacity - Refers to the process by which qualified citizens of the
b. Property requirement inconsistent with concept of Philippines abroad exercises their right tp vote
republican government Who are covered?
c. Property requirement inconsistent with social - All citizens of the Philippines abroad, who are not otherwise
justice disqualified by law, at least 18 years of age on the day of the
3. Other Substantive Requirement – Congress is prohibited by elections.
the Constitution to impose additional substantive Who are disqualified?
requirements for voting like education, sex and taxpaying - Those who have lost their Filipino citizenship in accordance
ability. with Philippine laws.
- Those who have expressly renounced their Philippine
RA 9225 (Citizenship Retention and Reacquisition Act of citizenship and who have pledged allegiance to a foreign
2003/Dual Citizenship Law) country.
- This declares that the former natural-born Filipino citizens - Those who have committed and are convicted in a final
who acquired foreign citizenship through naturalization are judgement by a court or tribunal of an offense punishable by
deemed not to have lost their Philippine citizenship under the imprisonment of not less than 1 year, including those who
conditions provided in the Act. Former Filipinos may have been found guilty of Disloyalty as defined under Art.
reacquire and retain their Philippine citizenship by taking the 137 of the RPC, such disability not having been removed by
oath of allegiance to the Republic of the Philippines. plenary pardon or amnesty; provided, that the person
How can reacquire citizenship under this Act? disqualified according to this shall automatically reacquire
- As Section 3 of the Act provides, any provision of law to the the right to vote upon the expiration of 5 years after service
contrary notwithstanding, natural-born citizenship by reason of sentence; provided, further, that COMELEC may take
of their naturalization as citizens of a foreign country are cognizance of final judgements issued by foreign courts of
hereby deemed to have re-acquired Philippine citizenship tribunals only on the basis of reciprocity and subject to the
upon taking the oath of allegiance to the Republic of the formalities and processes prescribed by the Rules of Court
Philippines. in execution of judgements.
- Natural born citizens of the Philippines who, after the - An immigrant or a permanent resident who is recognized as
effectivity of this Act, become citizens of a foreign country such in the host country, unless he/she executes, upon
shall retain their Philippine citizenship upon taking the registration, an affidavit prepared for the purpose by
aforesaid oath. COMELEC declaring that he/she shall resume actual
Can children of those who reacquired Filipino citizenship also physical permanent residence in the Philippines not later
become Filipino citizens under this Act? than 3 years from approval of his/her registration under this
- According to Section 4 of this Act, the unmarried child, Act. Such affidavit shall also state that he/she has not
whether legitimate, illegitimate or adopted, below 18 years of applied for citizenship in another country. Failute to return
age who reacquire Philippine citizenship upon effectivity of shall be cause for the removal of the name of the immigrant
this Act shall be deemed citizens of the Philippines. or permanent resident from the National Registry of the
What are the effects of this Act on civil and political rights? Absentee Voters and his/her permanent disqualification to
- According to Section 5, those who retain or reacquire vote in absentia.
Philippine citizenship under this Act shall enjoy full civil and - Any citizen of the Philippines abroad previously declared
political rights an be subject to all attendant liabilities and insane or incompetent by competent authority in the
responsibilities under existing laws of the Philippines under Philippines or abroad, as verified by the Philippines
the following conditions: embassies, consulates or foreign service establishments
1. Those intending to exercise their right of suffrage concerned, unless such competent authority subsequently
must meet the requirements certifies that such person is no longer insane or incompetent
2. Those seeking elective public office in the
Philippines shall meet the qualification for holding How may a Filipino citizen become a registered overseas
such public office and required by the absentee voter?
Constitution and existing laws, and at the time of o Filipino citizens abroad or Filipino citizens in the
filing of the certificate of candidacy, make a Philippines who will be abroad on Election Day
personal and sworn renunciation of any and all may become registered overseas absentee voters
foreign citizenship before any public office by filing an application for registration or
authorized to administer an oath. certification as overseas absentee voters.
3. Those appointed to any public office shall Is a registered overseas absentee voter automatically entitled to
subscribe and swear to an oath of allegiance to vote?
the Republic of the Philippines and its duty - No, a registered overseas absentee voter must have an
constituted authorities prior to their assumption of approved application to vote in absentia to be entitled to vote
office; provided, that they renounce their oath of
allegiance to the country where they took that QUALIFITCATION AND REGISTRATION OF VOTERS
oath.
4. Those intending to practice their profession in the Qualification of a Voter
Philippines shall apply with the proper authority 1. A Filipino citizen, not disqualified by law;
for a license or permit to engage in such practice; 2. 18 years of age or older;
and 3. Have resided in the Philippines for 1 year and in the city or
5. That right to vote or be elected or appointed to municipality where he proposes to vote for at least 6 months
any public office in the Philippines cannot be immediately preceding the election.
exercised by, or extended to those who:
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Not Lost of Original Residence - Any person whose application for registration has been
- Any person who transfers residence to another city, approved by the board or whose name has been stricken out
municipality or country solely by reason of his occupation; from the list may file with the court a petition to include his
profession; employment in private or public service; name in the permanent list of voters in his precinct at any
educational activities; work in military or naval reservations; time except one hundred five (105) days prior to a special
service in the army navy or air force; the constabulary or election. It shall be supported by a certificate of disapproval
national police force; or confinement or detention in of his application and proof of service of notice of his petition
government institution in accordance with law, shall be upon the Board. The petition shall be decided within fifteen
deemed not to have lost his original residence. (15) days after its filing.
Disqualification for Voting - If the decision is for the inclusion of voters in the permanent
a) Any person who has been sentenced by final judgement to list of voters, the Board shall place the application for
suffer imprisonment for not less than one year, such registration previously disapproved in the corresponding
disability not having been removed by plenary pardon book of voters and indicate in the corresponding book of
granted amnesty; provided, however, that any person voters and indicate in the application for registration the date
disqualified to vote under this paragraph shall automatically of the order of inclusion and the court which issued the
reacquire the right to vote upon expiration of five years after same.
service of sentence.
b) Any person who has been adjudged by final judgement by Petition for Exclusion of Voters from the List
competent court or tribunal of having committed any crime - Any registered voters, representative of a political party or
involving disloyalty to the duly constituted government such the Election Officer, may file with the court a sworn petition
as rebellion, sedition, violation of anti-subversion and for the exclusion of a voter from the permanent list of voters
firearms laws, or any crime against national security, unless giving the name, address and the precinct list of voters
restored to his full civil and political rights in accordance with giving the name, address and the precinct of the challenged
law; provided, that he shall regain his right to vote voter at any time except one hundred (100) days prior to a
automatically upon expiration of five years after service of regular election or sixty-five (65) days before a special
sentence. election. The petition shall be accompanied by proof of
c) Insane or incompetent persons as declared by competent notice to the Board and to the challenged voter and shall be
authority. decided within ten (10) days from its filing.
- If the decision is for the exclusion of the voter from the list,
INCLUSION AND EXCLUSION OF VOTERS the Board shall, upon receipt of the final decision, remove
the voter’s registration record from the corresponding book
Common Rules Governing Judicial Proceedings in the Matter of of voters, enter the order of exclusion therein, and thereafter
Inclusion, Exclusion, and Correction of Names of Voters: place the record in the inactive file.
a) Petition for inclusion, exclusion, or correction of names of
voters shall be filed during office hours. Voter Exclusion through Inadvertence or Registered with an
b) Notice of the place, date and time of the hearing of the Erroneous or Misspelled Name
petition shall be served upon the members of the Board and - Any registered voter whose registration record has not been
the challenged voter upon the filing of the petition. Service of included in the precinct book of voters, or whose name has
such notice may be made by sending a copy thereof by been omitted in the list of voters or who has been included
personal delivery, by leaving it in the possession of a person therein with a wrong or misspelled name may file with the
of sufficient discretion in the residence of the challenged Board an application for inclusion of his record, or
voter, or by registered mail. Should the foregoing procedures reinstatement or correction of his name as the case may be.
not be practicable, the notice shall be posted in the bulleting - If it is denied or not acted upon, the voter may file any date
board of the city or municipal hall and in two (2) other with the proper Municipal or Metropolitan Trial Court a
conspicuous places within the city or municipality. petition for an order directing that the voter’s name be
c) A petition shall refer only to one (1) precinct and implead the entered or corrected in the list.
Board as respondents. - The voters shall attach to the petition a certified true copy of
d) No costs shall be assessed against any party in these his registration record or identification card or the entry of his
proceedings. However, if the court should find that the name in the list of voters used in the preceding election,
application has been filed solely to harass the adverse party together with proof that his application was denied or not
and cause him to incur expenses, it shall order culpable acted upon by the Board and that he has served notice
party to pay the costs and incidental expenses. thereof to the Board.
e) Any voter, candidate, or political party who may be affected
by the proceedings may intervene and present his evidence. Case Digest
f) The decision shall be based on the evidence presented and
in no case rendered upon a stipulation of facts. If the  G.R. No. 123169
question is whether or not the voted is real or fictitious, his  G.R. No. 119976
non-appearance on the day set for hearing shall be prima  G.R. No. 179313
facie evidence that the challenged voter is fictitious.  G.R. No. 120265
g) The petition shall be heard and decided within ten (10) days
from the date of its filing. Cases appealed to the Regional
Trial Court (RTC) shall be decided within ten (10 days) from
receipt of the appeal. In all cases, the court shall decide
these petitions not later than fifteen (15) days before the
election and the decision become final and executory.

Jurisdiction in Inclusion and Exclusion Case

- The municipal and metropolitan trial courts shall have
original and exclusive jurisdiction over all cases of inclusion
and exclusion of voters in their respective cities or
municipalities.
- Decisions of the municipal or metropolitan trial courts may
be appealed by the aggrieved party to the RTC within five (5)
days from receipt of notice thereof. Otherwise, said decision
shall become final and executory.
- The regional trial court shall decide the appeal within ten
(10) days from the time it is received and the decision shall
immediately become final and executory.
- No motion for reconsideration shall be entertained.

Petition for Inclusion of Voters in the List