1.

CHAPTER 1
A. General Principles:
i. Election the means by which the people choose their officials for
a definite and fixed period and to whom they entrust for the time
being the exercise of the powers of the government
ii. Suffrage the right to vote in the election of officers chosen by
the people and in the determination of questions submitted to the
people. It includes within its scope: election, plebiscite, initiative
and referendum.
iii. Distinction between Election and Suffrage
ELECTION

SUFFRAGE

4. Referendum the power of the electorate to approve or

reject legislation through an election called for the
purpose
a. Referendum on statutes refers to a petition to
approve or reject an act or law, or part thereof,
passed by the Congress
b. Referendum on local laws refers to a petition to
approve or reject a law, resolution or ordinance
enacted by regional assemblies and local legislative
bodies [Sec. 2(c), RA 6735]
v. Two kinds of election
a. Regular one provided by law for the election of officers
either nationwide or in certain subdivisions thereof, after the
expiration of the full term of the former officers
b. Special one held to fill a vacancy in office before the
expiration of the full term for which the incumbent was
elected
B. System of Election Adopted in the Philippines
Since 1901, the Australian system, first conceived by Francis
S. Dutton, a member of the Legislature of South Australia. The
distinguishing feature of the system is strict secrecy in balloting.

iv. Scope of Suffrage

1. Election - the means by which the people choose their
officials for a definite and fixed period and to whom they
entrust for the time being the exercise of the powers of
the government
2. Plebiscite the electoral process by which an initiative
on the Constitution is approved or rejected by the people
[Sec. 2 (c) and (e), RA 6735]
3. Initiative the power of the people to propose
amendments to the Constitution or to propose and enact
legislation through an election called for the purpose
a. Initiative of the Constitution refers to a petition
proposing amendments in the Constitution
b. Initiative on statutes refers to a petition proposing
to enact a national legislation
c. Initiative on local legislation refers to a petition
proposing to enact a regional, provincial, city,
municipal or barangay law, resolution or ordinance
[Sec. 2, RA 6735]

C. Theories on Suffrage
1. Natural Right Theory suffrage is a natural and inherent
right of every citizen who is not disqualified by reason of his
own reprehensible conduct or unfitness
2. Social Expediency suffrage is a public office or function
conferred upon the citizen for reasons of social expediency;
conferred upon those who are fit and capable of discharging
it
3. Tribal Theory it is as necessary attribute of membership
of the State
4. Feudal Theory it is an adjunct of a particular status,
generally tenurial in character, i.e., a vested privilege
usually accompanying ownership of land
5. Ethical Theory it is a necessary and essential means for
the development of society
D. Philippine Theory on Suffrage
Suffrage is both a privilege and an obligation.

E. Requisites for the exercise of suffrage (Art. V, Sec. 1, 1987

Constitution)
1. Filipino citizen
2. Not otherwise disqualified by law
Sec. 118, B.P. 881

Disqualifications. - The following shall be disqualified from

voting:
(a) Any person who has been sentenced by final
judgment to suffer imprisonment for not less than one
year, such disability not having been removed by plenary
pardon or granted amnesty: Provided, however, That any
person disqualified to vote under this paragraph shall
automatically reacquire the right to vote upon expiration of
five years after service of sentence.
(b) Any person who has been adjudged by final
judgment by competent court or tribunal of having
committed any crime involving disloyalty to the duly
constituted government such as rebellion, sedition,
violation of the anti-subversion and firearms laws, or any
crime against national security, unless restored to his full
civil and political rights in accordance with law: Provided,
That he shall regain his right to vote automatically upon
expiration of five years after service of sentence.

The Philippines is a democratic and republican State.

Sovereignty resides in the people and all government authority
emanates from them.
ii. Art. V, Sec. 1, 1987 Constitution
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.
iii. Art. V, Sec. 2, 1987 Constitution
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.
iv. Sec. 4, B.P. 881
Obligation to register and vote. - It shall be the obligation
of every citizen qualified to vote to register and cast his vote.
v. Sec. 118, B.P. 881

(c) Insane or incompetent persons as declared by

competent authority.

Disqualifications. - The following shall be disqualified from

voting:

year

3. At least eighteen years old

4. Have been a resident in the Philippines for at least one
5. Have been a resident in the place wherein he proposes to
vote for at least six months immediately preceding the
election.

F. Memorize the following constitutional and legal

provisions:
i. Art. II, Sec. 1, 1987 Constitution

(a) Any person who has been sentenced by final

judgment to suffer imprisonment for not less than one year,
such disability not having been removed by plenary pardon
or granted amnesty: Provided, however, That any person
disqualified to vote under this paragraph shall automatically
reacquire the right to vote upon expiration of five years after
service of sentence.
(b) Any person who has been adjudged by final
judgment by competent court or tribunal of having
committed any crime involving disloyalty to the duly

constituted government such as rebellion, sedition, violation

of the anti-subversion and firearms laws, or any crime
against national security, unless restored to his full civil and
political rights in accordance with law: Provided, That he
shall regain his right to vote automatically upon expiration
of five years after service of sentence.
(c) Insane or incompetent persons as declared by
competent authority.

vi. Sec. 10, B.P. 8189

Registration of Voters. - A qualified voter shall be registered
in the permanent list of voters in a precinct of the city or
municipality wherein he resides to be able to vote in any election.
To register as a voter, he shall personally accomplish an application
form for registration as prescribed by the Commission in three (3)
copies before the Election Officer on any date during office hours
after having acquired the qualifications of a voter.
The application shall contain the following data:
a. Name, surname, middle name, and/or maternal surname;
b. Sex;
c. Date, and place of birth;
d. Citizenship;
e. Civil status, if married, name of spouse;
f. Profession, occupation or work
g. Periods of residence in the Philippines and in the place of
registration;

h. Exact address with the name of the street and house

number for location in the precinct maps maintained by the
local office of the Commission, or in case there is none, a
brief description of his residence, sitio, and barangay;
i. A statement that the applicant possesses all the
qualifications of a voter;
j. A statement that the applicant is not a registered voter of
any precinct; and
k. Such information or data as may be required by the
Commission.
The application for registration shall contain three (3)
specimen signatures of the applicant, clear and legible rolled prints
of his left and right thumbprints, with four (4) identification size
copies of his latest photograph, attached thereto, to be taken at the
expense of the Commission.
Before the applicant accomplishes his application for
registration, the Election Officer shall inform him of the
qualifications and disqualifications prescribed by law for a voter,
and thereafter, see to it that the accomplished application contains
all the data therein required and that the applicant's specimen
signatures, fingerprints, and photographs are properly affixed in all
copies of the voter's application.
vii. Sec. 6(2), 9189
If no verified objection to the application is filed, the
Election Officer shall immediately forward the application to the
Election Registration Board, which shall decide on the application
within one (1) week from the date of hearing without waiting for the
quarterly meeting of the Board. The applicant shall be notified of
the approval or disapproval of his/her application by registered
mail.