Far Eastern University

Institute of Architecture and Fine Arts

ARTICLE V

SUFFRAG

Submitted to:

Submitted by:

Socia, Dominic A.

Vhemissa Lopez Reverente

Anmuloc Nivla Kram

Kevin Mamforte

Page, Ross Einreb

Kyle Michelson

PolSci/FA35

January 21, 2015

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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.

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.

- Is the right to vote gained through the democratic process

- The right to run for office is sometimes called candidate eligibility, and the combination

of both rights is sometimes called full suffrage.[1] In many languages, the right to vote is

called the active right to vote and the right to run for office is called the passive right to

vote. In English, these are sometimes called active suffrage and passive suffrage.

- Suffrage is often conceived in terms of elections for representatives. However, suffrage

applies equally to initiatives and referenda. Suffrage describes not only the legal right to

vote, but also the practical question of whether a question will be put to a vote. The utility

of suffrage is reduced when important questions are decided unilaterally by elected or

non-elected representatives.

- In most democracies, eligible voters can vote in elections of representatives. Voting on

issues by initiative may be available in some jurisdictions but not others. For example,

while some U.S. states such as California and Washington have exercised their shared

sovereignty to offer citizens the opportunity to write, propose, and vote on referendums

and initiatives, other states have not. Meanwhile, the United States federal

government does not offer any initiatives at all. On the other hand, many countries, such

as Switzerland, permit initiatives at all levels of government.

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- Suffrage is granted to qualifying citizens once they have reached the voting age. What

constitutes a qualifying citizen depends on the government's decision, but most

democracies no longer extend different rights to vote on the basis of sex or race. Resident

aliens can vote in some countries, and other countries make exceptions for citizens of

countries they have close links to (e.g., some members of the Commonwealth of

Nations and members of the European Union).

Nature of Suffrage

1. A Mere Privilege

- Suffrage is not natural right of the citizen but 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.

2. A Political right

- In the sense of right conferred by the Constitution, suffrage is classified as a political

right, enabling every citizen to participate in the process of government.

Scope of suffrage

1. Election - strictly speaking, 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 Philippines, the terms is applied to an

election at which any proposed amendment to, or revision of, the Constitution is submitted to the

people directly affected before certain proposed changes affecting local government units may be

implemented (Art. X, Sec. 10, 11, 18.)

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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 (see Art. VI,

Sec, 32.);

4. Initiative - It is the process whereby the people directly propose and enact laws. Congress is

mandated by the Constitution to provide as early as possible for a system of initiative and

referendum, (Ibid.) Amendments to the Constitution may likewise be directly proposed by the

people through initiative (Art. XVII, Sec. .);

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. (See Art. X, Sec. 3.)

Qualifications of voters.

He must be:

1. A citizen (male or female) of the Philippines;

2. Not otherwise disqualified by law;

3. At least eighteen (18) years of age; and

4. 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.

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Age Qualification

1. Minimum age - Obviously, there must be some minimum age for voting. No one, no matter

how ardent his belief in democracy, has ever contented that human beings must be permitted to

participate in the selection of public officials from the day of their birth.

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 judgment the will enable

them to vote with any reasonable degree of intelligence.

3. No maximum age limit - No general exists as to the exact age at which the individual

supposedly attains the maturity sufficient for political participation. While there is a minimum

voting age in every state, no country, however, has as yet seen fit to set a maximum age limit.

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 residence in a province, city or municipality 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. Giving him a right to vote before that period,

it contented, will result in unpurposive and mechanical voting.

Persons disqualified to vote.

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The responsibility of determining who may be "disqualified by law" and therefore, may be

precluded from exercising the right of suffrage is left by the constitution to Congress. As to who

are disqualified to vote, the law enumerates them as follows;

1. Any person who has been sentenced by final judgment to suffer imprisonment for not less than

one (1) year, such disability not having been removed by plenary pardon or granted amnesty. But

such person shall automatically reacquire the right 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 of 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. Such

person shall likewise automatically regain his right to vote upon expiration of five (5) years after

service of sentence; and

3. Insane or incompetent persons as declared by competent authority.

The above persons are not qualified to vote even if they have the qualifications.

Arguments justifying the lowering of voting age from 21 to 18

The Following have been given:

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 today’s 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 that their parents;

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5. The Philippines is becoming an increasingly young country and the youth are more

idealistic and are more change-oriented that 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 is mature enough to fight in defense of his country, he is old

enough to be given a voice in the determination of its public policy;

8. 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

institutions; and

9. Voting is the major if not the sole participation of common citizens in the political

process of the state. It is, under present circumstances, the most effective medium for

securing consent to or rejection of government short of extra constitutional remedies. The

smaller the number of electors in a particular community, the more limited the basis of

consent.

10. The reduction of voting age is consent with the theory of popular sovereignty which is

one of the fundamental premises of our government.

Arguments justifying removal of literacy requirement

The 1973 Constitution removed the requirement under the 1935 Constitution on ability to

read and write such that then as now an illiterate person has the right to vote. The

illiterate voter is not necessarily an ignorant voter.

Property Requirement Prohibited

Congress cannot also impose property requirement for the exercise of suffrage

(Sec 1)

• Property ownership not a test of an individual capacity.

• Property requirement inconsistent with concept of republican government.

• Property requirement inconsistent with social justice principle

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1. Property oownership not a test of an individual capacity.

• The justification for the abolition of property qualification that ownership of property, per se,

neither add to nor detracts from a man’s capacity to function properly and fully as a social and

political being.

• Today, the argument that only property holders have “a stake in the

community” is consider obsolete.

• It is the human person, not property, that is to be represented, and

given primacy in the hierarchy of values.wnership not a test of an individual capacity.

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.

• Political system is premised upon the tenet that sovereignty resides in

the people and all governmental authority emanates from (Art II, Sec 1).

• The right to vote and to be voted shall not be dependent upon the

wealth of the individual concerned.

3. Property requirement inconsistent with social justice principle

• Social justice presupposes equal opportunity for all, rich and poor alike.

• No person shall, by reason of poverty, be denied the chance to vote and to be elected to public

office.

• In a case, Supreme Court declared as unconstitutional a law requiring all candidates for public

offices to post a surely bond equivalent to the (1) year salary or emoluments of the position for

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which they are candidates which shall be forfeited if the candidates, except, when declared

winner, fail to obtain at least 10% of the votes cast for the office to which they have filed their

certificates of candidacy.

Other Substantive Requirement Prohibited

• Congress is prohibited by the Constitution to impose additional substantive (not procedural)

requirements for voting similar in nature to literacy or ownership of property (Sec. 1)

• Education

• Sex

• Taxpaying ability

1. Education

• The more education a man has, the better and more valuable member of society he will be.

• Formal education itself is no guarantee of good citizenship or of intelligent voting.

• The requirement of a high school or even an elementary education would disenfranchise large

segments of the poorer classes of our population.

2. Sex

• The antagonism in the past to female suffrage stemmed in some degree from the belief that a

woman’s place was in the home and that the performance of public duties was the function of the

male members of the family.

• Unless one is willing to contend that women, simply by virtue of their womanhood, are

incapable of free and intelligent social and political activity.

3. Taxpaying ability

• This restriction is to property requirement for voting.

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• Congress cannot by law deny to an individual the right to vote on the ground that he is

exempted from taxation or is not liable to pay tax or the taxes paid by him or for which he is

liable during the year are below a specified amount.

Compulsory Suffrage.

The 1973 Constitution made registering and voting a mandatory obligation of every

qualified citizen. “Noteworthy is the fact that Section 1 uses the word “may” as in the

1935 Constitution in place of the world “shale” in the 1973 Constitution. In view in

permissive language of the Constitution, it is doubtful whether the failure to perform the

obligation to register and vote can be criminally punished.

Should voting be made compulsory?

1. Arguments against compulsory suffrage.  

Those who are against any system of coercive voting say that is not only undemocratic

but that no useful purpose would be served by dragging the people to the polls against

their will. They maintain that is not the size but the quality of the vote cast that is

important, and that individuals forced to exercise suffrage might do real injury to the

public good by voting blindly and unintelligently. There is no means of compelling a

person to vote intelligently or to study the personalities and issues involved in an

election.

 

Even assuming that the voter has the right to invalidate his ballot by leaving it blank, still

it would prevent those who feel strongly against the candidates or the particular manner

of holding an election from expressing their moral indignation by openly boycotting the

election and persuading others to follow suit.

2. Arguments in favor of compulsory suffrage.

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The proponents of compulsory suffrage, on the other hand, contend that a requirement

that would force an apathetic individual to the polls would make him aware of the

responsibility that rest on him and would encourage him to become acquainted with the

issue and personalities involved in the election. Once interest is awakened by actual

participation, the matter of coercion, they feel, would become a secondary motive.

In the Philippines for instance, it is not uncommon to see political leaders dragging their

constituents to the polls on Election Day. This shameful spectacle will not take place if

suffrage were an obligation. It should be noted that people are more prone to sell their

votes if they depend on politicians to bring them to the polling places. Furthermore,

compulsory suffrage is the only way of assuring the accurate representation of the will of

the people. If suffrage were not exercise then, the theory of popular sovereignty would

become a myth.

In the long run, the participation of the people in the government through the ballot is

more important than the result of an election or plebiscite. A defaulting majority will

make possible a government installed only by a voting minority.

 

Unfortunately, no define study has as yet been made of the effects of compulsory voting

in any of the countries which employ it. Hence, there is no way of actually determining

whether the obligatory franchise improves or detracts from representative government.

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 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.

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 1. Untrammeled exercise of the right to vote.

The right to vote has reference to a constitutional guarantee of the utmost significance. It

is a right without which the principle of sovereignty sin he people becomes nugatory. It is

essential then to ensure that the others shall exercise their right freely “uninfluenced by

threats, intimidation or corrupt motives” and “to secure a fair honest count of the ballots.”

To accomplish this aim, Congress is directed by the Constitution “to provide a system for

securing the secrecy and sanctity of the ballot.”

2. Voting by the disabled and illiterates.

With the enfranchisement of illiterates and the existence of many disabled voters, this

responsibility of the legislative body assumes more importance. The sanctity of the

electoral process requires secrecy of the vote.

A. Congress will have to enact a law prescribing procedures that will enable the

disabled and the illiterate to secretly cast their ballots without requiring the assistance of

other persons, to prevent them from being manipulated by unscrupulous politicians to

insure their victory at the polls. Perhaps, a method of voting by symbols may be devised

to make it possible for disabled and illiterate citizens to exercise the right of suffrage.

B. Until Congress provides for the appropriate procedure, they shall be allowed to vote

under the existing law such rules as the Commission on elections may promulgate to

protect the secrecy of the ballot. This prevents their disenfranchisement while the law

referred to has not yet been enacted by Congress.

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.

Filipinos who force of circumstance's (e.g., the need to earn a living) have to temporarily

work and reside abroad but maintain their love and loyalty to their native land are still

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part of our Republic. They are also affected by the quality of public officials and the

policies of the government. They remain liable to pay taxes, and are subject to many of

its law. Hence, they should also be given the constitutional right to vote.

Congress is mandated to provide a system of absentee voting by qualified Filipinos

abroad. It is bound to set aside funds and other requirements for the purpose and to

provide safeguards to ensure that elections overseas are held in a free , clear and orderly

manner.

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