Sufferage- right to vote, be voted for, and participate in the resolution of political

questions via initiative, referendum, and plebiscite.

Initiative- To amend the constitution (still subject to approval by people via
plebiscite) and cant be changed within 5 years.
Plebiscite- has 2 aspects. (required in ---- and in changing/amending the
constitution.)
Referendum national and local. Invokes approval by the people (statute or
ordinance. Change of name of country and national anthem can be done via
legislation but must be approved via referendum.
All of these are under the supervision of the COMELEC.

Right to vote: qualifications (3): ACRAge (at least 18 years on the day of election)
Citizenship (must be a citizen of the Philippines either natural born or naturalized
because the law does not specify). How about dual citizens, are they allowed to
vote? Yes (Nicolas vs Lewis), they are entitled to vote in accordance with the
overseas absentee act (cast vote abroad). They dont have to set foot in the
Philippines. However, not allowed to be voted upon.
Residence requirement. 1 year in the Philippines and 6 months in the particular
unit. No other substantive requirement.
Exceptions: Section 9 of the voters registration act (Filipinos who have left their
domicile of origin who by reason of employment, education, or military service, are
not deemed to have lost their residence). File inclusion proceedings. File exclusion
proceedings.
Maruhom Case Double registration case of voters. Second registration is null and
void.
Green card holders (immigrant visa holders) Yes, may register and vote, Macalintal
case. subject to a condition must execute an affidavit (promise to resume
residency in the Philippines within 3 years from registration, and to vote under the
overseas absentee voting). Implication is to give up green card.
Running vs exercising right to vote.

DISQUALIFICATION FOR PURPOSES OF VOTING

-Election Code- Conviction of a crime (if penalty exceeds 6 years.), Violation of

election law, regardless of the penalty.

RIGHT TO RUN FOR PUBLIC OFFICE (ACRER)

-Has 2 additional requirements ER Educational Requirement Registration as a
voter
-Age (depends). Check notes.
-Citizenship. National position- natural born (naturalization vs repatriation). Local
position- either natural born or naturalized. When must be possessed? Law is
silent. What to apply? Article 8 of the NCC Jurisprudence. What juris? 2 nd case of
_____ disqualified on grounds of lack of citizenship because he did not repatriate.
He then files for repatriation, but there was no decision regarding such. He won an
election, but there was still no decision. SC- citizenship retroacted to the date of
application of repatriation, but not later than the date of proclamation. Governor of
Sorsogon.
-Tedy Cruz of Pangasinan- repatriated. Eligible to run for Congress? Yes. Deemed
to have regained natural born citizenship.
-Dual citizenship. Allowed to run for public office? 2 rules. Depends on how
citizenship was acquired. Rule 1 - If citizenship was voluntarily acquired under RA
9225 (Dual citizenship law), disqualified under Section 5. Remedy is to take an
oath of allegiance expressly renouncing the foreign citizenship. Rule 2- if dual
citizenship acquired involuntarily (conflicting laws on citizenship, eg. Jus soli and jus
sanguinis). Eligible to run, as long as has filed certificate of candidacy. Act of filing
COC has effectively denounced American citizenship. RA 8171, not RA 9225
applies.
-Makiling case (April 16, 2013). Has 2 aspects. Second aspect to be discussed
during proclamation. Anyway, repatriated and ran for mayor. However, went to
America 3 times, and used American passport (never applied for Filipino passport).
Citizenship was questioned because of said act. SC- Act of using the passport has
deemed his repatriation revoked. Negates repatriation. Thus, he was considered
an American citizen hence not qualified due to lack of citizenship requirement.

DISQUALIFICATION