ARTICLE V:
SUFFRAGE
Suffrage. This is the right
and privilege to vote in
elections.
The supreme court (2010) elucidated this right in Asistio v. Echiverri (G.R. No. 191124):
The right to vote is the most precious political right, as well as bounden duty of
every citizen, enabling and requiring him to participate in the process of
government to ensure that it can be truly be said to derive its power solely from the
consent of its constituents. Time and again, it has been said that every Filipino’s
right to vote shall be respected, upheld, and given full effect. A citizen cannot be
disenfranchised for the flimsiest of reasons. Only in the most serious grounds, and
upon clear and convincing proof, may a citizen be deemed to have forfeited this
precious heritage of freedom.
When to Exercise Suffrage
This right may be exercised in any of the following
electoral processes:
1. Election. It is the means by a. Regular. This is based on the
provisions of the Constitutions and
which the people chooses the
Statutes, usually upon the end of
person to whom their entrust the terms of the incumbents.
the powers of government, b. Special. This is based on the
either local or national, and vacancy or necessity of the
position or office so as not to
either regular or special. hamper the exercise of
governmental functions.
2. Plebiscite. A process by which
the proposed amendment/s to
or revision of Constitution is
submitted to the people for
ratification.
3. Referendum. The submission
to the people of the law by the
legislative body for approval and
disapproval, either for a national
and local news.
4. Initiative. A process by a. Constitutional. To petition for
amendments or revision of Constitutions.
which people directly b. Statutory. To petition for propositions,
propose and enact laws or enactments and amendments or revisions
of national laws.
propose amendment/s to
c. Local Ordinances. To petition for
the Constitution. The proposition, enactments and
initiative power may be amendments or revisions of regional,
provincial, city/municipal and barangay
expressed in these laws and ordinances.
categories:
5. Recall. A method by which a public officer may be removed
from elective office during his tenure or before finishing the
term by the registered votes and signed by qualified voters in
the petition.
THE PROCESS OF RECALL
The Local Government Code or RA No. 7160
provides that the recall of any elective
provincial, city, municipal or barangay official
shall be commenced by a petition of a registered
voter in the local government unit concerned
during the election in which the local official
sought to be recalled was elected.
REQUIREMENTS
1. At least twenty-five percent (25%) in the case of local government units with a voting
population of not more than twenty thousand (20,000)
2. At least twenty percent (20%) in the case of local government units with a voting
population of at least twenty thousand (20,000) but not more than seventy-five
thousand (75,000): Provided, that in no case shall required the petitioners be less that
five thousand (5,000).
3. At least fifteen percent (15%) in the case of local government units with a voting
population of at least seventy-five thousand (75,000) but not more than three hundred
thousand (300,000); Provided, however, That is no case shall the required number of
petitioners to be less than fifteen thousand (15,000)
4. At least ten percent (10%) in the case of local government units with a voting population
of over three hundred thousand (300,000): Provided, however, that in no case shall the
required petitioners be less than forty-five thousand (45,000).
PROCEDURE
1. A written petition for recall duly signed by the representatives of the
petitioners before the election registrar of his representative, shall be filed
with the COMELEC through in his office in the local government unit
concerned.
2. The petition for recall shall contain:
a) The names and addresses of the petitioners written in legible form and their
signatures;
b) The barangay, city and municipality, local legislative district and the province
to which the petitioners belong;
c) The name of the official sought to be recalled; and
d) A brief narration of the reasons and justification therefore.
3. The COMELEC shall, within fifteen (15) days from the filing of the petition,
certify to the sufficiency of the required number of signatures. Failures to
obtain the required number of signatures automatically nullifies the
petition;
4. If the petition is found to be sufficient in form, the COMELEC or its duly
authorized representative shall, within three days form the issuance of the
certification, provide the official sought to be recalled a copy of the
petition, cause its publication in a national newspaper of general circulation
in the locality, once a week for three consecutive weeks at the expense of
petitioners and at the same time post copies thereof in public and
conspicuous places for a period of not less than ten days nor more than
twenty days, for the purpose of allowing interested parties to examine and
verify the validity of the petition and the authenticity of the signatures
contained therein.
5. The COMELEC or its duly authorized representatives shall, upon
issuance of certification, proceed independently with the verification and
authentication of signatures of the petitioners and registered voters
contained therein. Representatives of the petitioners and the official
sought to be recalled shall be duly notified and shall have the right to
participate therein mere observers. The filing of any challenge and
protest shall be allowed within the period provided in the immediate
preceding paragraph and shall be ruled upon with finality with fifteen
days from the date of filing of such protest and challenge.
6. Upon the lapse of aforesaid period, the COMELEC or its duly authorized
representative shall announce the acceptance of candidates to the
positive and thereafter prepare the list of candidates which shall include
the name of the official sought to be recalled.
ELECTION ON
RECALL
Upon the filing of a valid petition for recall with a appropriate
local office of the COMELEC, the COMELEC or its duly authorized
representative shall set the date of the election or recall, which
shall not be later than thirty (30) days upon the completion of
the procedure outlined in the preceding article, in the case of the
barangay, city or municipal officials, and forty-five (45) days in
the case of provincial officials. The official sought to be recalled
shall automatically be considered as duly registered candidate or
candidates to the pertinent positions and, like other candidates,
shall be entitled to be voted upon.
FUNCTION OF CONGRESS IN SUFFRAGE
The following are the function of the
Congress in the exercise of this right.
1. Provide a system for securing the secrecy and
sanctity of the ballot.
2. Provide a system of absentee voting by qualified
Filipinos abroad
3. Design a procedure for the disabled and the
illiterates to vote without assistance of others
persons.
REQUISITES OF THE RIGHT TO VOTE
The Constitution provides the following
requisite for the right to vote.
1. Must be citizen of the Philippines who is not disqualified to vote by
law;
2. Must be at least 18 years of age;
3. Must have resided in the Philippines for at least one year;
4. Must have resided in the place he proposes to vote for at least six
(6) months immediately preceding the election.
5. Must have been a registered voter in the place he intends to vote.
DISQUALIFICATIONS
Unless civil rights were restored or pardoned
by law, the following persons are disqualified
by law to vote.
1. Insane or incompetent persons as declared by incompetent
authority.
2. Sentenced by final judgment to suffer imprisonment in no
less than one year.
3. Adjudged by final judgment of the court having committed
any crime involving rebellion, sedition, or any crime against
national security.
PROHIBITION
No literacy, property or other
substantive requirement shall be
imposed on the exercise of suffrage.
CITIZENSHIP AND ABSENTEE VOTING
The Congress shall provide a system for securing the secrecy and sanctity of the
ballot as well as a system for absentee voting by qualified Filipinos abroad. The
Supreme Court held in Nicolas-Lewis v. COMELEC (2006) that:
There is no provision in the law requiring “duals” to actually
establish residence and physically stay in the Philippines first before
they can exercise their right to vote; RA 9225 makes the implicit
recognition that “duals” are most likely non-residents; derivative
citizenship.
(Derivative citizenship- unmarried child below 18 years of those who
re-acquire Philippine citizenship upon effectivity of the Act shall be
deemed citizens of the Philippines (G.R 162759)
REQUISITES FOR A DOMICILE
1. Residence or physical presence in the new
locality;
2. The intention to remain therein;
3. The intention to abandon the former
domicile.
RESIDENCY AND DOMICILE EXPLAINED
The Supreme Court in the foregoing case of Asistio v. Echiverri
expounded the terms residency and domicile that:
Any person who transfers residence to another city,
municipality or country solely by reason of his occupation;
profession; employment in private or public service;
educational activities; work in military or naval
reservations; service in the army, navy or air force; or
confinement or detention in government institutions in
accordance with law, shall be deemed not to have lost his
original residence.
Any person who temporarily resides in another
city, municipality or country solely by reason of his
occupation, profession, employment in private or
public service, educational activities, work in the
military or naval reservations within the
Philippines, service in the Armed Forces of the
Philippines, the National Police Force, or
confinement or detention in government
institutions in accordance with law, shall not be
deemed to have lost his original residence.
Any person who, on the day of registration
may not have reached the required age of
period of residence but who, on the day of
election shall process such qualifications,
many register as a voter.
EFFECT OF EXECUTIVE PARDON TO SUFFRAGE
The Supreme Court (2015) in Risos-Vidal and Lim v. COMELEC and Estrada (G.R No.
206666) emphasized the effect of executive clemency to the full restoration of civil
and political rights, to with:
Thus, from both law and jurisprudence, the right to seek
public elective office is unequivocally considered as a
political right. Hence, the Court reiterates its earlier
statement that the pardon granted to former President
Estrada admits no other interpretation other than to mean
that, upon acceptance of the pardon granted to him, he
regained his FULL civil and political rights- including the
right to seek elective office.
A close scrutiny of the text of the pardon extended to firmer President
Estrada shows that both the principal penalty of reclusion perpetua
and its accessory penalties are included in the pardon. The first
sentenced refers to the executive clemency extended to former
President Estrada who was convicted by the Sandiganbayan of
plunder and imposed a penalty reclusion perpetua. The latter is the
principal penalty pardoned which relieved him imprisonment. The
sentenced that followed, which states that “(h) e is hereby restored to
his civil and political rights,” expressly remitted the accessory
penalties that attached to the principal penalty of reclusion
perpetua.
Hence, even if we apply Articles 36 and 41 of the Revised
Penal Code, it is indubitable from the text of the pardon
that the accessory penalties of civil interdiction and
perpetual absolute disqualification were expressly remitted
together with the principal penalty of reclusion perpetua.
THANK
YOU!
