The Politics And Governance With Philippine Constitution (suffrage)

Politics and Governance with Philippine Constitution Prepared by: Neil John Tenajeros Audan

May 26, 2015

RIGH T

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to VOTE

SUFFRAGE Article V of the 1987 Philippine Constitution

Objectives • To define Suffrage • To understand the meaning of Suffrage in today’s context • State the Importance of Article V of the Philippine Constitution

Suffrage - Suffrage as conferred by the constitutional provision is not a natural right of the citizens, but a political right intended to enable them to participate in the process of government to assure it derives its powers from the consent of the governed. (Pungutan vs. Abubakar, L-33541, 20 June 1972) [1]

Section 1

(Article V of the 1987 Philippine Constitution) [2]

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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 where 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.

Qualifications A person is qualified to vote if he is: -

A citizen (male or female) of the Philippines Not otherwise disqualified by law At least 18 years of age; and Have resided in the Philippines for at least one (1) year and in the place wherein he proposes to vote for at least six (6) months preceding the election.

Nature of Suffrage A MERE PRIVILEGE Suffrage is not a natural right of the citizens by merely a privilege to be given or withheld by the lawmaking power subject to constitutional limitations. Suffrage should be granted to individuals only upon the fulfillment of certain minimum conditions deemed essential for the welfare of society. A POLITICAL RIGHT In the sense of a right conferred by the Constitution, suffrage is classified as a political right, enabling every citizen to participate in the process of government to assure that it derives the powers from the consent of the governed.

Disqualifications to vote 1.

2.

3.

Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having removed by plenary pardon or granted amnesty. But such person shall automatically reacquire the right to vote upon expiration of 5 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 duly constituted government such as rebellion, sedition, violation of the anti-subversion and fire-arms laws or any crime against national security unless restored to his full civil and political rights in accordance with law. Such person shall likewise automatically regain his right to vote upon expiration of five (5) years after service of sentence Insane or incompetent persons as declared by competent authority.

Scope of Suffrage Election It is the means by which the people choose their officials for definite and fixed periods and to whom they entrust, for the time being as their representatives, the exercise the powers of government; Plebiscite It is the name given to a vote of the people expressing their choice for or against a proposed law or enactment submitted to them. The term also applied to an election at which any proposed amendment to, or revision of, the Constitution is submitted to the people for their ratification. A plebiscite is also required by the Constitution to secure the approval of the people directly affected before certain proposed changes affecting local government units may be implemented.

Scope of Suffrage REFERENDUM It is the submission of the law or part thereof passed by the national or local legislative body to the voting citizens of a country for their ratification or rejection. INITIATIVE It is the process whereby the people directly propose and enact laws. RECALL It is a method by which a public officer may be removed from office during his tenure or before the expiration of his term by avote of the people after registration of a petition signed by a required percentage of the qualified voters.

Solve the case: At the age of 6, Juan de la Cruz, a Filipino, migrated to US with his family and acquired citizenship there. Not so happy with his life in US, he returned after ten years to the Philippines on June 12, 2009 and decided to reside in Makati while waiting for the approval of his petition for the reacquisition of his Filipino citizenship. After six months of waiting, his petition was finally granted by Makati RTC and restored his Filipino citizenship. Afterwards, on January 7, 2010 he went back to his hometown Victoria, Laguna to permanently reside there and start anew. However, he noticed that little things have changed since he left for US 10 years ago. Widespread poverty is still evident on the life of the people of Victoria. On that year, the national election will be held on May 11, 2010 and he decided that he will register and vote on that election so that there will be a changed in the socioeconomic condition of his town.

Solve the case: Will he be allowed to register and vote by the COMELEC Officer of the Municipality of Victoria, Laguna?

Sources: 1. 2. 3.

1 43 SCRA p.1 The 1987 Philippines Constitution (Article V) Politics, Governance and the Philippine Constitution, by Dionesio Rivas and Michael M. Nael

“Thank you! ”