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Article 5 of the 1987 Philippine Constitution states election was held in 1907.

It was merely a grant from


that Legislature and thus controlled by it. In 1973, it
become Constitutional right and took the form of an
Suffrage may be exercised by all citizens of the
obligation. However, the obligation was removed by
Philippines not otherwise disqualified by law, who
1987 Constitution.
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
Citizenship Qualification
six months immediately preceding the election. No
literacy, property, or other substantive requirement The Philippine constitutional provision
shall be imposed on the exercise of suffrage. primarily is an exclusion of non-citizens from
suffrage. Aliens are denied participation in the
government. Citizenship is made the essential
Suffrage defined as the right or privilege of casting a foundation of the right to Suffrage.
vote at public elections.
 Who is Filipino Citizens?
Article 6 of 1987 of the Philippine
Constitution provides:
History
1. Those who are citizens of the
Suffrage started as a statutory right evolved Philippines at the time of the
into a constitutional right. It started as a right adoption of 1987 Constitution.
belonging only to male ilustrado, then it was given to 2. Those whose fathers or mothers are
the literate women, and finally become a right even citizens of the Philippines;
of the unlettered 18 year old. The first general
3. Those born before January 17, 1973, Age Qualification
of Filipino mothers, who elect
The provision of the constitution provides that
Philippine Citizenship upon reaching
the citizen should be at least eighteen years old. The
the age of majority; and
right to vote begins, on a citizen’s eighteen birthday.
4. Those who are naturalized in
The right to register as a voter, however exists even
accordance with law.
before one’s eighteen birthday as long as one will be
eighteen on the day of voting.

 Modes of obtaining Citizenship

Residence Requirements
a. Jus Sanguinis, the act of
acquiring citizenship by virtue The constitution requires residence in the
of one’s blood relationship. Philippines for at least one year and in the place
b. Jus Soli, which is the act of wherein they propose to vote for at least 6 months
acquiring citizenship on the immediately preceding the election.
basis of Place of birth; and
The term residence as used in the election law
c. Naturalization, legal procedure
is synonymous with domicile, which imports not only
of an alien applying for, and
intention to reside in a fixed place but also personal
being granted the privilege of
presence in that place, coupled with conduct
native-born citizen through
indicative of such intention.
State’s act of grace.
In order to acquire a domicile by choice, there must
be
l
1. Residence or bodily presence in the new Secrecy and Sanctity of Ballot
locality
As seen on the experience under 1973
2. Intention to remain there
Constitution, Illiterates are seen as easy prey for
3. Intention to abandon the old domicile
politician who would not hesitate to manipulate the
There must be animus non revertendi and animus votes of the people who cannot read or write. The
manendi manner of voting of the illiterate through assistor is
one of the main sources of cheating.

The committee proposed to prevent such


Voting by Illiterates and disabled in 1987
manipulation by a command to Congress to design a
Constitution
procedure for the disabled and illiterates to vote
Commissioner Napoleon Rama argued that for without the assistance of other persons. Since this
a strong electoral system what was needed was not also violates the requirement of sanctity of ballots.
numbers but the intelligence of voters. However, the
Prohibited qualifications ; Property
committee decided that intelligence is not measured
by the ability to read and write. The committee’s Act no. 1582 requires that to qualify as a voter,
position is that even if the citizens are illiterate they one has to own a real property to the value of five
are adequately informed about things happening in hundred pesos or annually pay thirty pesos or more
the country and thus should be allowed to properly of established taxes. Philippine Property
choose their candidates. requirement for suffrage disappeared upon the
approval of 1935 Constitution.

Property qualifications are inconsistent with the


nature and essence of the Republican System
ordained in the Constitution and contrary to principle reacquire the right to vote upon expiration of
of Social Justice. [Maquera vs. Borra] five years after service of sentence.
2. Any person who has been adjudged by final
Prohibited Qualification; Substantive requirements
judgment by competent court of tribunal of
By express provision of the constitution, having committed any crime involving
Legislature is banned from imposing any substantive disloyalty to the duly constituted government,
qualification similar in nature to literacy or ownership such as rebellion, sedition, violation of the anti-
of property. subversion and firearms laws, or any crime
against national security, unless restored to his
Disqualification to Vote
full civil and political rights in accordance with
Suffrage may be exercise by citizens “not law; Provided, That he shall regain his right to
otherwise disqualified by the law”. Disqualifications vote automatically upon expiration of five
must be understood as grounds for the forfeiture of years of service of sentence.
the right of Suffrage. 3. Insane or incompetent persons as declared by
competent authority.
Omnibus Election Code provides for persons
not qualified to vote. General Registration of Voters

1. Any person who has been sentenced by Final P.D No. 1187 states that
Judgment to suffer imprisonment of not less
An accurate and complete listing of all qualified
than one year, such disability not having been
voters in a constituency is indispensable
removed by plenary pardon; Provided,
requirement to the holding of free, orderly and
however, That any person disqualified to vote
honest elections, plebiscite and referenda.
under this paragraph shall automatically

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