Republic of the Philippines

NORTHWEST SAMAR STATE UNIVERSITY

San Jorge Campus
San Jorge, Samar

SUBJECT CODE : SOC. SCI.4

SUJECT TITLE : PHILIPPINES GOVERNMENT & CONSTITUTION
INSTRUCTOR : DR. ROMEO N. PALDEZ
DISCUSSANT : ORCALES, REBECA S.
COURSE AND YEAR : BEED-4B
TOPIC : ARTICLE V- SUFFRAGE

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.

Meaning 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.

Nature of Suffrage.
(1) A mere privilege Suffrage is not a natural right of the citizens but merely a privilege to be given
or withheld by the law making power subject to constitutional limitations.

(2) A political right. Suffrage enables every citizen to participate in the process of government to
assure that it can truly be said to derive its powers from the consent of the governed. The
principle is that of one man, one vote.

Scope of Suffrage.
Suffrage includes:
(1) Election. 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 term is applied to an election at which any proposed
amendment to, or revision of, the Constitution is submitted to the people for their ratification. Plebiscite is
likewise required by the Constitution to secure the approval of the people directly affected before certain
proposed changes affecting local government units may be implemented.
(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.
(4) Initiative. It is the process whereby the people directly propose and enact laws.
(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.

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.

Age qualification.
(1) Minimum age. There must be some minimum age for voting. No one, no matter how ardent his belief in democracy, has
ever contended 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 that will enable them to vote with any
reasonable degree of intelligence.
 (3) No maximum age limit- No general agreement exists as to the exact age at which the individual supposedly
attains the maturity sufficient for political participation.

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.

Persons disqualified to vote.

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 5 years after service of
sentence;
2) 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 unless restored to his
full civil and political rights in accordance with law. Such person shall likewise regain the right to vote
upon expiration of 5 years after service of sentence; and
3) Insane or competent persons as declared by competent authority.

Arguments justifying the lowering of voting age from 21 to 18.

(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 1990;
(4) The communication media explosion has resulted in making 18-year-old citizens better informed
that their parents;
(5) The Philippines is becoming an increasingly young country and the youth are more idealistic and are
more change-oriented than 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 can enter into a marriage contract, which is the most important in the life of a
person, there is no reason why an 18-year-old should not be permitted to vote;
(8) 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;
(9) 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
(10) Voting is the major if not the sole participation of common citizens in the political process of the
State.

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. The arguments for its removal have been summarized as follows:

This requirement [that a voter must know how to read and write] confuses literacy with intelligence,
and learning with wisdom. A Filipino does not cease to be a Filipino because he is illiterate. They cannot, it
is true, read newspapers or magazines but they listen to radio; they join conversations and discussions with
their neighbors; yet they are denied the right to take part in their government and to help shape their
destiny.

Property requirement prohibited

(1) Property ownership not a test an individual's capacity. - It is the human person, not property that is
to be represented and given primacy in the hierarchy of values.
(2) Property requirement inconsistent with concept of republican government. - The said political
system is premised upon the tenet that sovereignty resides in the people and all governmental
 authority emanates from them. This implies that the right 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.

Other substantive requirement prohibited

(1) Education- Formal education itself is no guarantee of good citizenship or of intelligent voting.
(2) Sex- At the present time, there would seem to be no adequate or justifiable basis for depriving
women of equal voting rights with men.
(3) Taxpaying Ability-This is related to property requirement for voting.

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
word shall in the 1973 Constitution (Article VI, Sec.4): "It shall be the obligation of every citizen qualified to
vote to register and cast his vote."

(1) Arguments against compulsory suffrage- Those who are against any system of coercive voting say
that it is not only undemocratic but that no useful purpose would be served by dragging the people to
the polls against their will.
(2) Arguments in favor of compulsory suffrage- The proponents of compulsory suffrages, 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 rests on him and would encourage him to become acquainted
with the issues and personalities involved in the election.

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 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.

System for securing the secrecy and sanctity of the ballot

(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 residing in
the people becomes nugatory.

(2) Voting by the disabled and illiterates- With the enfranchisement of the 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 illiterates 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.

(b) Until Congress provides for the appropriate procedure, they shall be allowed to vote under
the existing law and such rules as the Commission on Elections (Art. IX, A-Sec. 6, C-Sec2 [1].) May
promulgate to protect the secrecy of the ballot.

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 by force of
circumstances (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 part of our Republic.

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.