Chapter 1- General Principles

ABELLA, CARANDANG, GUTIERREZ, JOVELLANOS, MARQUEZ, PAGSUYOIN,

SANTIAGO, SANTOS
Definition of Terms
Election
• It refers to the conduct of the polls including the
listing of voter, the holding of the electoral
campaign, and the casting and counting of the votes.
Suffrage
• Is the right as well as obligation of qualified citizens
to vote in the election of certain national and local
officers of the government and in the decision of
public questions submitted to the people.
Election vs. Suffrage
Election
• To give the people through the qualified voters a
direct participation in the affairs of this
government, either in determining who shall be
their public officials for a certain period of time or
in deciding some question of public interest.
Suffrage
• Not a natural right of the citizens but merely a
privilege to be given or withheld by the
lawmaking power subject to constitutional
limitations;
• Exercise not absolute;
• Political Right;
• Based upon the theory that the people who bear
the burden of government should share in the
privilege of choosing the officials of the
government;
• As a duty is in the nature of public trust and
constitutes a voter a representative of the whole
people.
Garchitorena vs Crescini
G.R NO L-14514 DECEMBER 18, 1918.
SCOPE OF SUFFRAGE
DATE OF ELECTION

LOCAL ELECTION
• Unless otherwise provided by law, the election for local elections shall be held
every three (3) years on the SECOND MONDAY OF MAY (Republic Act No. 7160
or Local Government Code of 1991)
NATIONAL ELECTION
Senators and Members of the House of Representative
Unless otherwise provided by law, the regular election of the Senators and the
Members of the House of Representatives shall be held on the SECOND MONDAY OF
MAY (Art VI, Section 8, 1987 Philippine Constitution)

President and Vice President”

. . . Unless otherwise provided by law, the regular election of the President and Vice
President shall be held on the SECOND MONDAY OF MAY (Art VII, Section 4, 1987
Philippine Constitution)
PLEBISCITE
It is defined as an electoral process of submission of Constitutional
Amendment or Revision, or important legislative measure to the
people for ratification.

Constitutional Basis
 Art. XVII, Section 4, 1987 Philippine Constitution
REFERENDUM
It is the legal process by which the registered voters may approve,
amend, or reject a law or any act passed by the Local legislative body
or Congress

Legal Basis
 Art. VI, Section 32, 1987 Philippine Constitution
 Section 126, Republic Act No. 7160
INITIATIVE
It is the legal process whereby the people may directly propose and
enact laws

Legal Basis
 Art. VI, Section 32, 1987 Philippine Constitution
 Section 120, Republic Act No. 7160
RECALL
It is the mode of removal of a public officer by the people before the
end of his term of office

Legal Basis
 Section 69 – 75, Republic Act No. 7160
Kinds of Election
 KINDS OF ELECTION

ELECTION
It is the means by which people
choose, through the use of the
ballot, their officials for definite
and fixed periods and to whom
they entrust, for the time being as
their representatives, the exercise
GENERAL of powers of the government SPECIAL
One provided for by
the law for the One provided for
election to offices by law under
throughout the special
State or certain circumstances.
subdivisions, after
the expiration of the
full term of former
officers.
PHILIPPINE ELECTION SYSTEM
PiliPinas: 2016 Philippine Elections
PiliPinas: 2016 Philippine Elections
PiliPinas: 2016 Philippine Elections
PiliPinas: 2016 Philippine Elections
PiliPinas: 2016 Philippine Elections
PiliPinas: 2016 Philippine Elections
PiliPinas: 2016 Philippine Elections
PiliPinas: 2016 Philippine Elections
PiliPinas: 2016 Philippine Elections
PiliPinas: 2016 Philippine Elections
PiliPinas: 2016 Philippine Elections
PiliPinas: 2016 Philippine Elections
PHILIPPINE ELECTION SYSTEM
• The central idea of the election law is to secure a secret
ballot to the electors to the end that they may express their
choice of candidates, uninfluenced by threats, intimidation,
or corrupt motives.
PHILIPPINE ELECTION SYSTEM
• Act. 1582, the first Election Law of the Philippines, was
enacted in 1907.
• It was enacted to accomplish the objective of ensuring
“purity of elections.”
• This law requires the ONLY QUALIFIED ELECTORS
shall be admitted to the polls; that they shall vote in
ABSOLUTE SECRECY, and that the returns shall be
justly compiled and announced.
ACT 1582
AUSTRALIAN BALLOT SYSTEM
(a.k.a “Secret Ballot”)
• Act. 1582, in its essential details is a counterpart of the ballot laws
almost universally adopted within comparatively recent times in the
United States, generically called the AUSTRALIAN BALLOT LAW.
• The idea is to shroud the marking of the ballots in absolute secrecy.
THE UNITED STATES; BEFORE and AFTER
Sec. 2, Article V of the 1987 Constitution
• “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...”
COMELEC: “No SELFIES with your ballots”
Theories on Suffrage
Refresher
What is SUFFRAGE?
• Right to vote
• Qualified citizen’s participation
Theories on Suffrage
Philippine Theory Universal Theories

• Right • Natural Right

• Privilege • Social Expediency

• Duty • Tribal
• Feudal
• Ethical
Philippine Theory on Suffrage
Right
• Sec 1 Art II of the 1987 Constitution:
• The Philippines is a democratic and republican state. Sovereignty resides in the
people and all the government authority emanates from them.
Philippine Theory on Suffrage
Privilege
• Sec 2 Art V of the 1987 Constitution:
• 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.
Philippine Theory on Suffrage
Duty
• Sec 4 Art V of the 1973 Constitution:
• It shall be the obligation of every citizen qualified to vote to register and cast his
vote.

• Sec 4 BP 881:
• It shall be the obligation of every citizen qualified to vote to register and cast his
vote.
Constitutional Provisions on
Suffrage
1935,1973 & 1987 CONSTITUTION
1935 Constitution
ARTICLE V. Suffrage
Section 1. Suffrage may be exercised by male citizens of the
Philippines not otherwise disqualified by law, who are twenty-one
years of age or over and are able to read and write, and who shall
have resided in the Philippines for one year and in the
municipality wherein they propose to vote for at least six months
preceding the election. The National Assembly shall extend
the right of suffrage to women, if in a plebiscite which shall be
held for that purpose within two years after the adoption of this
Constitution, not less than three hundred thousand women
possessing the necessary qualifications shall vote affirmatively on
the question.
1973 Constitution
Article VI Suffrage
Section 1. Suffrage shall be exercised by citizens of the
Philippines not otherwise disqualified by law, who are eighteen
years of age or over 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 preceding the election. No literacy,
property or other substantive requirement shall be imposed on
the exercise of, suffrage. The Batasang Pambansa shall provide a
system for the purpose of securing the secrecy and sanctity of the
vote.
1987 Constitution
ARTICLE V SUFFRAGE
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.
Section 2. 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 Congress shall also design a procedure for the disabled and the
illiterates to vote without the assistance of other persons. Until then,
they shall be allowed to vote under existing laws and such rules as the
Commission on Elections may promulgate to protect the secrecy of the
ballot.
As to it’s tone:
• The 1935 Constitution and the 1987 Constitution both adopt a
permissive tone wherein the 1973 Constitution has an intolerant tone.
Rationale:
• Under the Martial law, suffrage was not merely a right but an obligation
on the part of qualified citizens.”

• The rationale for this was said “to broaden the electoral mass base and
thereby make democracy more of a reality through increased popular
participation of the government.”
• However the 1987 Constitution reverted to the traditionally permissive
language introduced in the 1935 Constitution, recognizing suffrage as a
right which “may be exercised by the citizens of the Philippines not
otherwise disqualified by law, who are at least 18 years of age, and who
shall have resided in the Philippines for at least 1 year in the place
where they propose to vote for at least 6 months immediately
preceding the election.
Relevant amendment
• The 1987 deleted Article V on Duties and Obligations of Citizens of the
1973 Constitution and the words now used are “suffrage may be
exercised.”
As to the persons involved
• 1935 Constitution:
• Generally only male citizens
• Extends right to vote for women after voting affirmatively in a plesbiscite for that
purpose and at least voted by 300 thousand women possessing the necessary
qualifications.

• 1973 Constitution
• All citizens of the Philippines

• 1987 Constitution
• All citizens of the Philippines
As to age:
• 1935 Constitution:
• 21 years of age
• 1973 Constitution:
• 18 years of age
• 1987 Constitution:
• 18 years of age
 As to skill needed:

• 1935 Constitution:
• Able to read and write

• 1973 Constitution:
• No literacy, property or other substantive requirement on the exercise of suffrage.

• 1987 Constitution:
• No literacy, property or other substantive requirement on the exercise of suffrage.
As to length of residency:
• 1935 Constitution, 1973 and 1987 Constitution:
- At least one year residency in the Philippines, and 6 months residency
on the municipality where they are planning to vote.
Requisites for the exercise of
suffrage
Art. V, Sec 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.
Sec. 118, BP 881 (Disqualifications)
The following shall be disqualified from voting:
• Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one year, such disability not having been
removed by plenary pardon or granted amnesty: Provided, however, That any
person disqualified to vote under this paragraph shall automatically reacquire
the right to vote upon expiration of five years after service of sentence.
• Any person who has been adjudged by final judgment by competent court or
tribunal of having committed any crime involving disloyalty to the duly
constituted government such as rebellion, sedition, violation of the anti-
subversion and firearms laws, or any crime against national security, unless
restored to his full civil and political rights in accordance with law: Provided,
That he shall regain his right to vote automatically upon expiration of five
years after service of sentence.
• Insane or incompetent persons as declared by competent authority.
Sec. 10, BP 8189 (Registration of Voters)
• A qualified voter shall be registered in the permanent list of voters in a
precinct of the city or municipality wherein he resides to be able to vote
in any election. To register as a voter, he shall personally accomplish an
application form for registration as prescribed by the Commission in
three (3) copies before the Election Officer on any date during office
hours after having acquired the qualifications of a voter.
The application shall contain the following data:
• Name

• Sex

• Date and place of birth

• Citizenship

• Civil status

• Profession, occupation or work

• Periods of residence in the Philippines and in the place of registration

• Exact address

• Statement that the applicant possesses all the qualifications of a voter

• Statement that the applicant is not a registered voter of any precint

• Such other information required by the Commission

• The application for registration shall contain three (3) specimen signatures of
the applicant, clear and legible rolled prints of his left and right thumbprints,
with four (4) identification size copies of his latest photograph, attached
thereto, to be taken at the expense of the Commission.

• Before the applicant accomplishes his application for registration, the

Election Officer shall inform him of the qualifications and disqualifications
prescribed by law for a voter, and thereafter, see to it that the accomplished
application contains all the data therein required and that the applicant’s
specimen signatures, fingerprints, and photographs are properly affixed in all
copies of the voter’s application.
In case of Overseas Absentee Registration
Qualified citizens who failed to register under RA 8189 may personally
apply for registration with the ERB of the city/municipality where they
were domiciled immediately prior to their departure, or with the
representative of the Commission at the Philippine embassies, consulates
and other foreign service establishments that have jurisdiction over the
locality where they temporarily resides.
Sec 4, BP 881
It shall be the obligation of every citizen qualified to vote to register and
cast his vote
Marquera vs Borra G.R No. L-24761
Facts:
RA 4421 was enacted requiring for candidates to post a surety bond
equivalent to the one-year salary or emoluments of the position to which
he is a candidate. Such bond shall be forfeited in favor of the national,
provincial, city or municipal government. Every candidate has to pay the
premium charged by bonding companies and to offer either his own
properties worth at least the amount of the surety bond or properties
belonging to other persons willing to accommodate him by way of
counter-bond.
Ruling
The Supreme Court ruled that RA 4421 is unconstitutional for it
prevented or disqualified candidates that although having the
qualifications prescribed by the Constitution were unable to file the
surety bond and/or do not have the property that amounts to the bond
required. The law had in effect imposed property qualifications in order
that a person could run for a public office and that the people could
validly vote for him. Such qualifications are inconsistent with the nature
and essence of the Republican system ordained in our Constitution and
the principle of social justice underlying the same. Sovereignty resides in
the people and the government authority emanates from them, and this,
in turn, implies necessarily that the right to vote and be voted for should
not be dependent upon the wealth of the individual concerned.