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Art. V., Sec.

1: Suffrage

Suffrage may be exercised by all 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 one year and in the place wherein
they propose to vote for at least 6 months immediately
preceding the election. No literacy, property or other
substantive requirement shall be imposed on the exercise
of suffrage.
Suffrage (Art. V)
 Who can vote? [Local Voter]
 1. Citizens of the Philippines
 2. At least 18 years (on election day)
 3. Not otherwise disqualified by law
 4. Resident of the Philippines for at least
one year ( resident means “Domicile”- that there must be an intent
to permanently reside in the PH- a citizen may for a while in US but with
with intent to return here)

 5. Resident of the place where they


propose to vote for at least 6 months
Meaning of Resident:
 Requisite 4: “domicile” – green card holder
(disqualified in voting local election. Acquiring green card indicates or
establishes his intent to stay in US permanently… there is only one
domicile of a person)

 Requisite 5: ordinary residence or domicile


 Have choices where to vote…. Residence
means 3 meanings… either “Domicile or Resident”

 Romualdez case: Out of the country for 5


years. Malbog, Leyte remained his
domicile… Qualified to vote… while he may be out for 5 years,
he never abandoned leyte as his residence as he intends to return
there in leyte
Who are Disqualified? Memo!!!!!!
1. Any person sentenced by final judgment to a penalty of not
less than one year, but he automatically regains the right 5
years after service of sentence
2. Any person adjudged by final judgment for any crime
involving disloyalty such as rebellion, sedition, firearm laws
and crimes against national security, but automatically
regains the right 5 years after service of sentence
3. Insane and incompetent person as declared by competent
authority

How about erap’s intent to run for city mayor of manila?- it is different when you are
given ABSOLUTE PARDON…. Because it will be wipe out.. Need not wait the
service of sentence 5 year requirement.

Detained persons not yet convicted are not disqualified… but a person from mati and
detained in tagum city jail, cannot be said to qualify to vote in Tagum City since his
stay there is not voluntary.
Sec. 2

 The Congress shall provide for a system for securing the


secrecy and sanctity of the ballot as well as a system for
absentee voting by qualified Filipino 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.
Macalintal v. COMELEC: RA No. 9189
[Absentee Voter] THE following not
allowed to vote
 An immigrant or a permanent resident who
is recognized as such in the host country,
unless he executes …an affidavit…
declaring that he shall resume actual
physical residence in the Philippines not
later than 3 years from approval of his
registration….
Absentee voter votes only for national positions… pres, senators,
partylist
Absentee Voter:memo!!!!!!!
 1. Filipino citizen
 2. 18 years old
 3. Not otherwise disqualified by law
 [4. Executes an affidavit to return within 3
years from the approval of his registration]
Can a non-resident dual citizen vote?
 Nicholas-Lewis Case (2006): Yes. He can under the
Absentee voting law . He need not establish residency
in the Philippines.
 But under RA No. 9225, he must not be a candidate or a
public official of the foreign country where he was
naturalized, or in active service in the armed forces of
the foreign country

- note the distinction between voting and running for


public office
-note distinction between local voter and absentee voter
Where will he vote?
Velasco v. COMELEC, 2008
Velasco left Pampanga in 1983,became
and American and availed of RA 9225 in
July 31, 2006. On Sept, 14, he returned to
Pampanga and lived there. On Oct. 13,
he applied for registration. Is he qualified?
Not qualified. He has to qualify the 1 year domicile and 6 months
residency requirement.
Summary:
A dual citizen can vote. If he votes as an
absentee voter, he must comply with the
requirements of 9189. If he votes in a
local election, he must have the
qualifications found in Sec. 1 of Art. V.