PolSci Report

7/21/2019 PolSci Report

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ARTICLE VSUFFRAGE

SECTION 1. Suffrage may be exercised by all citizens of the

Philiines not other!ise dis"ualified by la!# !ho are at least

eighteen years of age# and !ho shall ha$e resided in the Philiines

for at least one year and in the lace !herein they roose to $ote

for at least six months immediately receding the election. No

literacy# roerty# or other substanti$e re"uirement shall be

imosed 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 $ote 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.

In many languages, the right to vote is called the active right tovote 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.

Hoever, suffrage applies equally to initiatives and referenda.

Suffrage describes not only the legal right to vote, but also the

practical question of hether a question ill be put to a vote. The

utility of suffrage is reduced hen important questions are decidedunilaterally by elected or non!elected representatives.

In most democracies, eligible voters can vote in elections of

representatives. "oting on issues by initiative may be available in

some #urisdictions but not others. $or e%ample, hile some &.S. states

such as 'alifornia and (ashington have e%ercised theirshared sovereignty to offer citizens the opportunity to rite, propose,

and vote on referendums and initiatives, other states have not.

)eanhile, the &nited States federal government does not offer any

initiatives at all. *n the other hand, many countries, such as

Sitzerland, permit initiatives at all levels of government.

http://en.wikipedia.org/wiki/Initiative

http://en.wikipedia.org/wiki/Referendum


http://en.wikipedia.org/wiki/U.S._state

http://en.wikipedia.org/wiki/California

http://en.wikipedia.org/wiki/Washington_(state)

http://en.wikipedia.org/wiki/Shared_sovereignty

http://en.wikipedia.org/wiki/United_States_federal_government

http://en.wikipedia.org/wiki/Switzerland

http://en.wikipedia.org/wiki/Switzerland

http://en.wikipedia.org/wiki/United_States_federal_government

http://en.wikipedia.org/wiki/Shared_sovereignty

http://en.wikipedia.org/wiki/Washington_(state)

http://en.wikipedia.org/wiki/California

http://en.wikipedia.org/wiki/U.S._state


http://en.wikipedia.org/wiki/Referendum




Suffrage is granted to qualifying citizens once they have reached the

voting age. (hat constitutes a qualifying citizen depends on the

government+s decision, but most democracies no longer e%tend

different rights to vote on the basis of se% or race. esident aliens can

vote in some countries, and other countries ma-e e%ceptions forcitizens of countries they have close lin-s to e.g., some members of

the 'ommonealth of /ations and members of the European &nion0.

http://en.wikipedia.org/wiki/Voting_age

http://en.wikipedia.org/wiki/Commonwealth_of_Nations

http://en.wikipedia.org/wiki/European_Union

http://en.wikipedia.org/wiki/European_Union

http://en.wikipedia.org/wiki/Commonwealth_of_Nations

http://en.wikipedia.org/wiki/Voting_age



N ature of suf frage

1. % mere ri$ilege

! Suffrage is not a natural right of the citizens but merely a privilege

to be given or ithheld by the lama-ing poer sub#ect to constitutional

limitations. Suffrage should be granted to individuals only upon the

fulfillment of certain minimum conditions deemed essential for the

elfare of society.

1. % olitical right

! In the sense of right conferred by the 'onstitution, suffrage isclassified as a political right, enabling every citizen to participate in the

process of government.



Scope of suf frage

1. Election - strictly speaking, it is the means by whichthe people choose their ofcials or denite and xedperiods and to whom they entrust, or the time being astheir representatives, the exercise o powers ogovernment.

2. Plebiscite - t is the name given to a vote o the peopleexpressing their choice or or against a proposed law orenactment submitted to them, n the !hilippines, theterms is applied to an election at which any proposed

amendment to, or revision o, the "onstitution issubmitted to the people directly a#ected beore certainproposed changes a#ecting local government units maybe implemented $%rt. &, 'ec. 1(, 11, 1).*+

. Referendum - t is the submission o a law or part



Q ualifications of voters.

He must be:

2. 3 citizen male or female0 of the 4hilippines5

1. /ot otherise disqualified by la5

6. 3t least eighteen 270 years of age5 and

8. Have resided in the 4hilippines for at least one 20 year and in the place herein he proposes to vote for at least si% 90 months preceding

the election.



Age Q ualification

2. &inimum age ! *bviously, there must be some minimum age forvoting. /o one, no matter ho 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.

1. 'asis ! This suffrage qualification is based on the assumption thatunder a certain age, human beings do not have the maturity, e%perience,

education, and sense of #udgment the ill enable them to vote ith any

reasonable degree of intelligence.

6. No maximum age limit ! /o general e%ists as to the e%act age at

hich the individual supposedly attains the maturity sufficient for

political participation. (hile there is a minimum voting age in every

state, no country, hoever, has as yet seen fit to set a ma%imum age limit.



Residence Q ualification.

2. Period of residence 3 voter must have been a permanent resident

of the 4hilippines for at least one 20 year preceding the election and

si% 90 months in the province, city, or municipality here he is a

voter.

1. Imortance ! Si% 90 months residence in a province, city or

municipality is considered the minimum length of time ithin hich a

person can adequately familiarize himself ith the needs and

conditions and the personalities of the locality. ;iving him a right to

vote before that period, it contented, ill result in unpurposive and

mechanical voting.



Persons disualified to

vote.The responsibility of determining ho may be <disqualified by la< and

therefore, may be precluded from e%ercising the right of suffrage is left

by the constitution to 'ongress. 3s to ho are disqualified to vote, the

la enumerates them as follos5

2. 3ny person ho has been sentenced by final #udgment to suffer

imprisonment for not less than one 20 year, such disability not having

been removed by plenary pardon or granted amnesty. =ut such person

shall automatically reacquire the right to vote upon e%piration of five >0

years after service of sentence5



1. 3ny person ho has been ad#udged by final #udgment 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 las, or any crime against national

security, unless restored to his full civil and political rights in accordanceith la. Such person shall li-eise automatically regain his right to vote

upon e%piration of five >0 years after service of sentence5 and

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

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

qualifications.



Argum ents Justifying the lowering ofvoting age from 21 to 18

The $olloing have been given:

2. It has the effect of broadening the base of democratic participation in

the political process5

1. The voting age of 12 years is as old as the oman Empire5 therefore,it is obsolete5

6. It is the alleged0 findings of midical science that today?s 27!year!old

is physically at least 6 years ahead of an 27!year!old of 2@AA5

8. The communication media e%plosion has resulted in ma-ing 27!year!

old citizens better informed that their parents5>. The 4hilippines is becoming an increasingly young country and the

youth are more idealistic and are more change!oriented that their

elders5



9. The ob#ection that 27!year!old citizens lac- the maturity to e%ercise an

important political right idely is at best a debatable question5

B. If at the age of 27 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 policy5

@. =y including those under 21 but aleast 27 to vote ill ma-e them feel

that they are part of the decision!ma-ing process and thereby at least

increase their loyalty to our institutions5 and

2A. "oting is the ma#or if not the sole participation of common citizens in

the political process of the state. It is, under present circumtances, the

most effective medium for securing consent to or re#ection of government

short of e%tra constitutional remedies. The smaller the number of electorsin a particular community, the more limited the basis of consent.

The reduction of voting age is consent ith the theory of popular

sovereignty hich is one of the funadamental premises of our

government.



Agum ents justifying rem oval of

literacy requirem ent The 2@B6 'onstitution removed the requirement under the 2@6>

'onstitution on ability to read and rite such that then as no an

illiterate person has the right to vote. The illiterate voter is not

necessarily an ignorant voter.



Property Requirem ent

Prohiite!'ongress cannot also impose property requirement for

the e%ercise of suffrage

Sec 20

C 4roperty onership not a test of an individual

capacity.

C 4roperty requirement inconsistent ith concept of

republicangovernment.

C 4roperty requirement inconsistent ith social #ustice

principle



2. 4roperty oonership not a test of an individual

capacity.

C The #ustification for the abolition of property qualification that

onership of property, per se, neither add to nor detracts from aman?s capacity to function properly and fully as a social and political

being.

C Today, the argument that only property holders have Da sta-e in the

community is consider obsolete.C It is the human person, not property, that is to be represented, and

given primacy in the hierarchy of values.nership not a test of an

individual capacity.



1. 4roperty requirement inconsistent ith concept of republican

government.

C The imposition of property qualifications on the voters ould be

inconsistent ith the very nature and essence of our republican

system of government ordained in our 'onstitution.

C 4olitical system is premised upon the tenet that sovereignty resides

in

the people and all governmental authority emanates from 3rt II, Sec

20.

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

ealth of the individual concerned.



6. 4roperty requirement inconsistent ith social

#ustice principle

C Social #ustice presupposes equal opportunity for all, rich and poor

ali-e.

C /o person shall, by reason of poverty, be denied the chance to vote

and to be elected to public office.

C In a case, Supreme 'ourt declared as unconstitutional a la requiring

all candidates for public offices to post a surely bond equivalent to

the 20 year salary or emoluments of the position for hich they are

candidates hich shall be forfeited if the candidates, e%cept, hen

declared inner, fail to obtain at least 2AF of the votes cast for the

office to hich they have filed their certificates of candidacy.



"ther #ustantive

Requirem ent Prohiite!

0 "ongress is prohibited by the"onstitution to impose additionalsubstantive $not procedural*reuirements or voting similar innature to literacy or ownership o

property $'ec. 1*0 ducation

0 'ex

0 3axpaying ability



2. Education

C The more education a man has, the better and more valuablemember of society he ill be.

C $ormal education itself is no guarantee of good citizenship or of

intelligent voting.

C The requirement of a high school or even an elementary

education

ould disenfranchise large segments of the poorer classes of our

population.



2. 'ex

0 3he antagonism in the past to emalesu#rage stemmed in some degree rom thebelie that a woman4s place was in the homeand that the perormance o public duties was

the unction o the male members o the amily.

0 5nless one is willing to contend that women,simply by virtue o their womanhood, are

incapable o ree and intelligent social andpolitical activity.



. 3axpaying ability

0 3his restriction is to propertyreuirement or voting.

0 "ongress cannot by law deny to anindividual the right to vote on the ground

that he is exempted rom taxation or isnot liable to pay tax or the taxes paid byhim or or which he is liable during theyear are below a specied amount.



Co! pulsor" Suf frage.

3he 167 "onstitution made registering and voting amandatory obligation o every ualied citien.89oteworthy is the act that 'ection 1 uses the word8may: as in the 16; "onstitution in place o the world

8shale: in the 167 "onstitution. n view in permissivelanguage o the "onstitution, it is doubtul whether theailure to perorm the obligation to register and votecan be criminally punished.



Should voting be made compulsory?

1. Arguments against compulsory surage.

3hose who are against any system o coercive voting saythat is not only undemocratic but that no useul purposewould be served by dragging the people to the polls againsttheir will. 3hey maintain that is not the sie but the uality othe vote cast that is important, and that individuals orced toexercise su#rage might do real inury to the public good by

voting blindly and unintelligently. 3here is no means ocompelling a person to vote intelligently or to study thepersonalities and issues involved in an election.

ven assuming that the voter has the right to invalidate his

ballot by leaving it blank, still it would prevent those who eelstrongly against the candidates or the particular manner oholding an election rom expressing their moral indignationby openly boycotting the election and persuading others toollow suit.



2. Arguments in faor of compulsory surage.

3he proponents o compulsory su#rage, on the otherhand, contend that a reuirement that would orce anapathetic individual to the polls would make him awareo the responsibility that rest on him and wouldencourage him to become acuainted with the issueand personalities involved in the election. =nce interestis awakened by actual participation, the matter ocoercion, they eel, would become a secondary motive.



n the !hilippines or instance, it is not uncommon to

see political leaders dragging their constituents to thepolls on lection >ay. 3his shameul spectacle will nottake place i su#rage were an obligation. t should benoted that people are more prone to sell their votes ithey depend on politicians to bring them to the polling

places. ?urthermore, compulsory su#rage is the onlyway o assuring the accurate representation o the willo the people. su#rage were not exercise then, thetheory o popular sovereignty would become a myth.



n the long run, the participation o the people in thegovernment through the ballot is more important than

the result o an election or plebiscite. % deaultingmaority will make possible a government installed onlyby a voting minority.

5nortunately, no dene study has as yet been made othe e#ects o compulsory voting in any o the countrieswhich employ it. @ence, there is no way o actuallydetermining whether the obligatory ranchise improvesor detracts rom representative government.



SE"#$%& 2. #'e congress s'all proide a systemfor securing t'e secrecy and sanctity of t'e

ballot as (ell as a system for absentee oting by)uali*ed Filipinos abroad.

#'e congress s'all also design a procedure for

t'e disabled and illiterates to ote (it'out t'eassistance of ot'er persons. Until t'en+ t'eys'all be allo(ed to ote under e,isting la(s andsuc' rules as t'e "ommission on Elections maypromulgate to protect t'e secrecy of t'e ballot.



1. Untrammeled e,ercise of t'e rig't to ote.

3he right to vote has reerence to a constitutionalguarantee o the utmost signicance. t is a rightwithout which the principle o sovereignty sin he peoplebecomes nugatory. t is essential then to ensure thatthe others shall exercise their right reely 8uninAuencedby threats, intimidation or corrupt motives: and 8tosecure a air honest count o the ballots.: 3o accomplishthis aim, "ongress is directed by the "onstitution 8toprovide a system or securing the secrecy and sanctityo the ballot.:

S"ste! for securing t#esecrec" and sanctit" of t#e$allot.



(. )oting by the disabled and illiterates.

(ith the enfranchisement of illiterates and the e%istence of manydisabled voters, this responsibility of the legislative body assumes

more importance. The sanctity of the electoral process requires

secrecy of the vote.

3. 'ongress ill have to enact a la prescribing procedures that illenable the disabled and the illiterate to secretly cast their ballots ithout

requiring the assistance of other persons, to prevent them from being

manipulated by unscrupulous politicians to insure their victory at the

polls. 4erhaps, a method of voting by symbols may be devised to ma-e it

possible for disabled and illiterate citizens to e%ercise the right ofsuffrage.



=. &ntil 'ongress provides for the appropriate procedure, they shall be

alloed to vote under the e%isting la such rules as the 'ommission on

elections may promulgate to protect the secrecy of the ballot. This

prevents their disenfranchisement hile the la referred to has not yet

been enacted by 'ongress.



#ystem for Asentee voting y

qualifie! $ilipinos aroa!.

Section 1 e%tends the right of suffrage even to $ilipinos abroad

provided they possess all the qualifications mentioned therein andnone of the disqualifications provided by la.



?ilipinos who orce o circumstanceBs $e.g., the need toearn a living* have to temporarily work and resideabroad but maintain their love and loyalty to their

native land are still part o our Cepublic. 3hey are alsoa#ected by the uality o public ofcials and thepolicies o the government. 3hey remain liable to paytaxes, and are subect to many o its law. @ence, theyshould also be given the constitutional right to vote.

"ongress is mandated to provide a system o absenteevoting by ualied ?ilipinos abroad. t is bound to setaside unds and other reuirements or the purpose andto provide saeguards to ensure that elections overseasare held in a ree , clear and orderly manner.



%&A'( )"*+

'ubmitted byD

/hemissaa Eope Ceverente

'ocia, >ominic %.%nmuloc 9ivla Fram

Fevin Gamorte

!age, Coss inrebFyle Gichelson

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