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. Meaning of Suffrage. Suffrage is the right and obligation to vote of qualified citizens in the election of certain national and local officers of the government and in the decision of public questions submitted to the people. Nature of Suffrage. (1) A mere privilege. Suffrage is not a natural right of the citizens but merely a privilege to be given or withheld by the law making power subject to constitutional limitations. (2) A political right. Suffrage enables every citizen to participate in the process of government to assure that it can truly be said to derive its powers from the consent of the governed. The principle is that of one man, one vote. Scope of Suffrage. Suffrage include: (1) 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 of powers of government; (2) 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. In the Phil., the term is applied to an election at which any proposed amendment to, or revision of, the Constitution is submitted to the people for their ratification. Plebiscite is likewise required by the Constitution to secure the approval of the people directly affected before certain proposed changes affecting local government units may be implemented. (3) Referendum. It is the submission of a law or part thereof passed by the national or local legislative body to the voting citizens of a country for their ratification or rejection. (4) Initiative. It is the process whereby the people directly propose and enact laws. (5) 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 a vote of the people after registration of a petition signed by a required percentage of the qualified voters. Qualification of voters. He must be: (1) (2) (3) (4) A citizen (male or female) of the Phil.; Not otherwise disqualified by law; At least eighteen (18) years of age; and Have resided in the Phil. for at least one (1) year and in the place wherein he proposes to vote for at least six (6) months preceding the election.

Age qualification. (1) Minimum age. There must be some minimum age for voting.

(2) Basis. This suffrage qualification is based on the assumption that under a certain age, human beings do not have the maturity, experience, education, and sense of judgement that will enable them to vote with any reasonable degree of intelligence. (3) No maximum age limit. No general agreement exists as to the exact age at which individual supposedly attains the maturity sufficient for political participation. Residence qualification. (1) Period of residence. A voter must have been a permanent resident of the Philippines for at least one (1) year preceding the election and six (6) months in the province, city, or municipality where he is a voter. (2) Importance. Six (6) months of residence is considered the minimum length of time within which a person can adequately familiarize himself with the needs and conditions and the personalities of the locality. Persons disqualified to vote. (1) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, but such person shall automatically require to vote upon expiration of five (5) years after service of sentence. (2) Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime disloyalty to the duly constituted government. (3) Insane or incompetent persons as declared by competent authority. Arguments justifying the lowering of voting age from 21 to 18. (1) It has the effect of broadening the base of democratic participation in the political process; (2) The voting age of 21 years is as old as the Roman Empire; therefore, it is obsolete; (3) It is the (alleged) findings of medical science that todays 18-year-old is physically at least 3 years ahead of an 18-year-old of 1900; (4) The communication media explosion has resulted in making 18-year-old citizens better informed than their parents; (5) The Phil. is becoming an increasingly young country and the youth are more idealistic and are more change-oriented than their elders; (6) The objection that 18-year-old citizens lack the maturity to exercise an important political right widely is at best a debatable question; (7) If at the age of 18 one can enter into a marriage contract, 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 vote; (8) If at the age of 18 one is mature enough to fight in the defence of his country, he is old enough to be given a voice in the determination of its public policy; (9) By including those under 12 but at least 18 to vote will make them feel that they are part of the decision making process and thereby at least increase their loyalty to our institution; and (10) Voting is the major if not the sole participation of common citizens in the political process of the state. Arguments justifying removal of literacy requirement. This requirement confuses literacy with intelligence and learning whit wisdom. Some 28% of our people roughly about 4.3 million among us who are more than 21 years old are illiterates. They cannot read newspapers or magazines but they listen to radio; they join conversation and discussions with their neighbours; they know what is happening in their community and in the country. Yet they are denied the right to take part in their government and to help shape their destiny Property requirement prohibited.

(1) Property ownership not a test of an individuals capacity. It does not detract the mans capacity to function properly and fully as a social and political being. (2) Property requirement inconsistent with concept of republican government. The imposition of property qualifications on the voters would be inconsistent with the very nature and essence of our republican system of government ordained in our Constitution. (3) Property requirement inconsistent with social justice principle. Social justice presupposes equal opportunity for all, rich and poor alike. Other substantive requirements prohibited. (1) Education. As a general principle, the more education a man has, the better and more valuable member of the society he will be. (2) Sex. There would seem to be no adequate or justifiable basis for depriving women of equal voting rights with men. (3) Taxpaying ability. This restriction is related for property requirement for voting. Compulsory suffrage. Should voting be made compulsory? (1) Arguments against compulsory suffrage. Those who are against any system of coercive voting say that it is not only undemocratic but that no useful purpose would be served by dragging the people to the polls against their will. (2) Arguments in favour of compulsory suffrage. The proponents of compulsory suffrage contend that requirements that would force an apathetic individual to the polls would make him aware of the responsibility that rests on him and would encourage him to become acquainted with the issues and personalities involved in the election. 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. System for securing the secrecy and sanctity of the ballot. (1) Untrammelled exercise of the right to vote. It is right without which the principle of sovereignty residing in the people. (2) Voting by the disabled and illiterates. With the enfranchisement of the illiterates and the existence of many disabled voters, this responsibility of the legislative body assumes more importance. a. Congress will have to enact a law prescribing procedures that will enable the disabled and the illiterates to secretly cast their ballots without requiring the assistance of other persons. b. Until Congress provides for the appropriate procedure, they shall be allowed to vote under the existing law and such rules as the Commission on Election may promulgate to protect the secrecy of the ballot. System for absentee voting by qualified Filipinos abroad. Section 2 extends the right of suffrage even to Filipinos abroad provided they possess all the qualifications mentioned therein and none of the disqualifications provided by law.