Article VArticle V

SUFFRAGESUFFRAGE

MeaningMeaning

SuffrageSuffrage is the is the right and obligationright and obligation to to votevote of of qualified citizensqualified citizens in the in the election election of certain of certain national and local officersnational and local officers of of the the governmentgovernment and in the and in the decision of decision of public questions submitted to the peoplepublic questions submitted to the people..

NatureNature

1. A 1. A mere privilegemere privilege

Suffrage is Suffrage is not a natural rightnot a natural right of the citizens of the citizens but a privilegebut a privilege to be to be given or withheld by the given or withheld by the lawmaking powerlawmaking power subject to constitutional subject to constitutional limitationslimitations. .

It should be granted to individuals only upon It should be granted to individuals only upon the the fulfillment of certain minimum conditionsfulfillment of certain minimum conditions deemed deemed essential essential for the for the welfare of the welfare of the societysociety..

NatureNature

2. A 2. A political rightpolitical right

In the sense of a right conferred by the In the sense of a right conferred by the constitution, constitution, suffrage is classified as a suffrage is classified as a political right, political right, enabling enabling very citizen to participate very citizen to participate inin the process of the process of government to assure that it government to assure that it derives its powers fromderives its powers from the consent of the the consent of the governedgoverned..

““one man, one voteone man, one vote””

ScopeScope

1. Elections 1. Elections

means by which people choose their officials formeans by which people choose their officials fordefinite and fixed periods and to whom theydefinite and fixed periods and to whom theyentrust, for the time being s their entrust, for the time being s their representatives,representatives,the exercise of powers of government.the exercise of powers of government.

ScopeScope

2. Plebiscite 2. Plebiscite

name given to a vote of the people expressing name given to a vote of the people expressing their choice for or against a proposed law or their choice for or against a proposed law or enactment submitted to them. In the Philippines, enactment submitted to them. In the Philippines, the term is applied to an election at which any the term is applied to an election at which any proposed amendment to, or revision of, the proposed amendment to, or revision of, the Constitution is submitted to the people for their Constitution is submitted to the people for their ratification. It is likewise required by the ratification. It is likewise required by the Constitution to secure the approval of the people Constitution to secure the approval of the people directly affected before certain proposed changes directly affected before certain proposed changes affecting certain local government units may be affecting certain local government units may be implementedimplemented

ScopeScope

3. Referendum3. Referendum

submission of a law or part thereof passed by the submission of a law or part thereof passed by the national or local legislative body to the voting national or local legislative body to the voting citizens of a country for their ratification or citizens of a country for their ratification or rejection.rejection.

ScopeScope

4. Initiative4. Initiative

process whereby the people directly propose and process whereby the people directly propose and enact laws. Congress is mandated by the enact laws. Congress is mandated by the Constitution to provide as early as possible for a Constitution to provide as early as possible for a system of initiative and referendum. system of initiative and referendum. Amendments to the Constitution may likewise be Amendments to the Constitution may likewise be directly proposed by the people through initiative.directly proposed by the people through initiative.

ScopeScope

5. Recall5. Recall

method by which a public officer may be removed method by which a public officer may be removed from office during his tenure or before the from office during his tenure or before the expiration of his term by a vote of the people expiration of his term by a vote of the people after registration of a petition signed by a after registration of a petition signed by a required percentage of the qualified voters.required percentage of the qualified voters.

SEC.1 Suffrage may be exercised by all SEC.1 Suffrage may be exercised by all citizens of the Philippines not otherwise citizens of the Philippines not otherwise disqualified by law, who are at least disqualified by law, who are at least eighteen years of age, and who shall eighteen years of age, and who shall have resided in the Philippines for at have resided in the Philippines for at least one year and in the place wherein least one year and in the place wherein they propose to vote for at least six they propose to vote for at least six months immediately preceding the months immediately preceding the election. No literacy, property, or other election. No literacy, property, or other substantive requirement shall be substantive requirement shall be imposed on the exercise of suffrage.imposed on the exercise of suffrage.

Qualifications of VotersQualifications of Voters

He/She must be:He/She must be:1.1. a citizen (male/female) of the Philippines;a citizen (male/female) of the Philippines;2.2. not otherwise disqualified by law;not otherwise disqualified by law;3.3. at least eighteen (18) years of age;at least eighteen (18) years of age;4.4. have resided in the Philippines for at have resided in the Philippines for at

least one(1) year and in the place least one(1) year and in the place wherein he proposes to vote for at least wherein he proposes to vote for at least six (6) months preceding the election. six (6) months preceding the election.

Qualifications of VotersQualifications of Voters

Age QualificationAge Qualification

This suffrage qualification is based on the This suffrage qualification is based on the assumption that assumption that under a certain age, human under a certain age, human beings do not have the maturity, experience, beings do not have the maturity, experience, education, and sense of judgment that will enable education, and sense of judgment that will enable them them to vote with any reasonable degree of to vote with any reasonable degree of intelligence. intelligence.

Qualifications of VotersQualifications of Voters

Residence QualificationResidence Qualification

Permanent resident of the Permanent resident of the PhilippinesPhilippines for at least for at least one (1) yearone (1) year preceding the election. preceding the election.

Six (6) months Six (6) months residence in a residence in a province, city or province, city or municipalitymunicipality- minimum length of time within a person can - minimum length of time within a person can adequately familiarize himself with the needs and adequately familiarize himself with the needs and the personalities in the locality.the personalities in the locality.-mechanical and unpurposive if given the right to -mechanical and unpurposive if given the right to vote before that periodvote before that period

Qualifications of VotersQualifications of Voters

Persons disqualified to votePersons disqualified to vote

Congress is responsible of Congress is responsible of determining who may be “disqualified by determining who may be “disqualified by the law” or those precluded from the law” or those precluded from exercising the right of suffrage.exercising the right of suffrage.

Qualifications of VotersQualifications of Voters

Persons disqualified to votePersons disqualified to vote

1.1. Any person who has been sentenced by final judgment to suffer Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) yearimprisonment for not less than one (1) year, such disability not , such disability not having been removed by plenary pardon or granted amnesty. having been removed by plenary pardon or granted amnesty. But such person shall automatically reacquire the right to vote But such person shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence;upon expiration of five (5) years after service of sentence;

2.2. Any person who has been adjudge by final judgment by a Any person who has been adjudge by final judgment by a competent court or tribunal of having committed any competent court or tribunal of having committed any crime crime involving disloyalty to the duly constituted governmentinvolving disloyalty to the duly constituted government such as such as rebellion, sedition, violation of anti-subversion and firearms law, rebellion, sedition, violation of anti-subversion and firearms law, or any crime against national security, unless restored to his full or any crime against national security, unless restored to his full civil and political rights in accordance with the law. Such person civil and political rights in accordance with the law. Such person shall likewise automatically regain his right to vote upon shall likewise automatically regain his right to vote upon expiration of five (5) years after service of sentence; andexpiration of five (5) years after service of sentence; and

3.3. Insane or incompetent personInsane or incompetent person as declared by competent as declared by competent authority.authority.

Arguments justifying the lowering of Arguments justifying the lowering of voting age from 21 to 18.voting age from 21 to 18.

1.1. It has the effect of broadening the base for It has the effect of broadening the base for democratic participation in the political process.democratic participation in the political process.

2.2. The voting age of 21 years old is as old as the The voting age of 21 years old is as old as the Roman Empire; therefore obsolete.Roman Empire; therefore obsolete.

3.3. It is the (alleged) findings of medical science It is the (alleged) findings of medical science that today’s 18-year-old is physically at least 3 that today’s 18-year-old is physically at least 3 years ahead of an 18-year-old of1900;years ahead of an 18-year-old of1900;

4.4. The communication media explosion has The communication media explosion has resulted in making 18-year-old citizens better resulted in making 18-year-old citizens better informed than their parents.informed than their parents.

5.5. The Philippines is becoming an increasingly The Philippines is becoming an increasingly young country and more idealistic and are more young country and more idealistic and are more change oriented than their elders. change oriented than their elders.

6.6. The objection that 18-year-old citizens lack the maturity to The objection that 18-year-old citizens lack the maturity to exercise an important political right is at best a debatable exercise an important political right is at best a debatable question;question;

7.7. If at the age of 18 one can enter into marriage contract, If at the age of 18 one can enter into marriage contract, which is the most important in the life of a person, there is which is the most important in the life of a person, there is no reason why an 18-year-old should not be permitted to no reason why an 18-year-old should not be permitted to vote;vote;

8.8. If at the age of 18 one is mature enough to fight in defense If at the age of 18 one is mature enough to fight in defense of his country, he is old enough to be given a voice in the of his country, he is old enough to be given a voice in the determination of public policy;determination of public policy;

9.9. By including those under 12 but at least 18 to vote will By including those under 12 but at least 18 to vote will make them feel that they are part of the decision-making make them feel that they are part of the decision-making process and thereby at least increased their loyalty to our process and thereby at least increased their loyalty to our institution;institution;

10.10. The smaller the number of electors in a particular The smaller the number of electors in a particular community, the more limited the basis of consent. The community, the more limited the basis of consent. The reduction of the voting age is consistent with the theory of reduction of the voting age is consistent with the theory of popular sovereignty which is one of the fundamental popular sovereignty which is one of the fundamental premises of our government.premises of our government.

Arguments justifying removal of Arguments justifying removal of literacy requirement.literacy requirement.

““The illiterate voter is not necessarily an ignorant voter”The illiterate voter is not necessarily an ignorant voter”

Property requirement prohibitedProperty requirement prohibited1.1. Property ownership nProperty ownership not a test of an ot a test of an

individual’s capacityindividual’s capacity;;2.2. Property requirement Property requirement inconsistent with inconsistent with

concept of republican government;concept of republican government;3.3. Property requirement Property requirement inconsistent with inconsistent with

social justice principlesocial justice principle

Other substantive requirements Other substantive requirements prohibited.prohibited.

1.1. EducationEducation

2.2. SexSex

3.3. Taxpaying abilityTaxpaying ability

Compulsory SuffrageCompulsory Suffrage

1.1. Arguments against compulsory suffrage.Arguments against compulsory suffrage.

2.2. Arguments in favor of compulsory Arguments in favor of compulsory suffrage.suffrage.

SEC.2. The Congress shall provide a system SEC.2. The Congress shall provide a system for securing the secrecy and sanctity of for securing the secrecy and sanctity of the ballot as well as a system for absentee the ballot as well as a system for absentee voting by qualified Filipinos abroad.voting by qualified Filipinos abroad.

The Congress shall also design a The Congress shall also design a procedure for the disabled and the procedure for the disabled and the illiterates to vote without the assistance of illiterates to vote without the assistance of other persons. Until then, they shall be other persons. Until then, they shall be allowed to vote under existing laws and allowed to vote under existing laws and such rules as the Commission on Elections such rules as the Commission on Elections may promulgate to protect the secrecy of may promulgate to protect the secrecy of the ballot.the ballot.

System for securing the secrecy and System for securing the secrecy and the sanctity of the ballotthe sanctity of the ballot

System for absentee voting by System for absentee voting by qualified Filipinosqualified Filipinos