What is suffrage?

It is the means which people exercise their sovereign judgment. It includes

election, plebescite, initiative and referendum (Nolasco vs Comelec).

What is the constitutional basis of suffrage?

Art. V of the constitution is entitled "Suffrage". It provides who are qualified to
exercise the right of suffrage. It also provides that the Congress should legislate
to maintain the secrecy and sanctity of the ballot as well as provide a system for
absentee voting by qualified Filipinos abroad.

Is Suffrage Mandatory?
No, Art. V Sec. 1 of the constitution states that Suffrage "may" exercised by all
citizens of the Philippines not otherwise disqualified by law.

Who may exercise suffrage?

Filipino citizens not otherwise disqualified by law, at least 18 years at the day
of election, a resident of the Philippines for at least 1 year and a resident of
the place they propose to vote for at least 6 months immediately preceeding the
elections (Art. V Sec 1, constitution).

Why is citizenship required in suffrage?

Citizenship is a necessary attribute of suffrage because suffrage is the exercise

of sovereignty, the supreme and exclusive power of the people over the state
(Father Bernas). Exclusive means that aliens must not intrude into the internal
matters of the sovereign people by running for public office.

Why the minimum age was lowered to 18?

18 years old is the age where the law entrusts substantial rights and obligations
like the capacity to make a will or marry, among others (Father Bernas). The
purpose is the widenening of the political base of democracy on the basis of
political sociology and psychology (Father Bernas). Further, there is no difference
in political maturity between 18-21 citizens in urban or rural areas (Father
Bernas.)

What is the difference between domicile and residence?

Domicile and Residence is synonymous in election laws. It is the place one intends
to return after the absence for pleasure or business (Ong Juan Tin vs Republic).

What is the effect of domicile by marriage?

Marriage only changes actual residence but not domicile (Marcos vs Comelec).

What is the domicile of the window?

The court decides based on the fact of residence through an assessment of acts and
intent (Marcos vs Comelec). The Family Code provides that the husband and the wife
should fix the family domicile and in case of disagreement the court should decide.
However, there is no reason for the widow to retain the domicile of her dead
husband (Marcos vs Comelec).

What cannot be imposed on the exercise of Suffrage?

No literacy, property or other substantive requirements can be imposed on the

exercise of suffrage (Art. V Sec 2, constitution).
What is "other substantive requirements"?

They are the socio-economic considerations irrelevant to the suffrage like the
payment of taxes (Kabataan Party-List vs Comelec).

Is voter's validation a substantive requirement?

No, it is a mere procedural requirement because substantive requirements are those

socio-economic considerations bereft of any rational basis on the ability of the
person to intelligently cast his vote or to further public good.(Kabataan Partylist
vs Comelec)

It is a consequence of deactivition procedure.(Kabataan Partylist vs Comelec)

What is overseas absentee voting?

It is a system where qualified Filipinos abroad exercise their right to vote.

Is a permanent resident abroad qualified to vote?

No, being a permanent resident or being an immigrant means that the person no
longer possesses the residency qualification required by the constitution. The
exception is upon registration he executes an affidavit stating that:
1.) Not later than 3 years from the approval of registration, he shall resume
actual physical presence in the Philippines
2.) he has not applied for foreign citizenship.

What happens if he actually fails to return contrary to the affidavit?

It will not affect the validity of his already-cast vote but it will cause to be
permanently disqualified from voting in absentia. Consequently, it means removal of
his name from the National Registry of Absentee Voters.

Who else is diqualified?

Those who have lost or renounced their Filipino citizenship. Those who have pledged
allegiance to a foreign state. Those who are convicted by final judgment of a crime
punishable by at least 1 year of imprisonment. Those who are certified by competent
authority as insane or incompetent.

What is local absentee voting?

It is a system where registered voters are allowed to vote in a place other than
where they are registered. It applies to government officials and employees who are
temporarily assigned to perform election duties. It also applies to members of the
media assigned to cover and report on the elections. (Paraphrased from Comelec
Resolution 10,003)