CHAPTER 2
Qualification and Registration of Voters
QUALIFICATION FOR SUFFRAGE
(1) Citizen of PH not disqualified
(2) At least 18
(3) Resided in PH for at least 1 year
(4) Resided in the place where they propose to vote
for at least 6 months immediately preceding the
election
CITIZENSHIP: It may be by birth or naturalization
AGE: 18 at the time of election
RESIDENCE: imports not only the intention to reside in
a fixed place but also personal presence in that place
coupled with conduct indicative of such intention
[DOMICILE/ LEGAL RESIDENCE]
Transfer of residence solely by reason of occupation,
profession or employment does not result in loss of
original residence
[1987 CONST. SECTION 1, ARTICLE V]
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.
[BP 881, SECTION 117]
Qualifications of a voter. — Every citizen of the
Philippines, not otherwise disqualified by law, eighteen
years of age or over, who shall have resided in the
Philippines for one year and in the city or municipality
wherein he proposes to vote for at least six months
immediately preceding the election, may be registered
as a voter.
Any person who transfers residence to another city,
municipality or country solely by reason of his
occupation; profession; employment in private or public
service; educational activities; work in military or naval
reservations; service in the army, navy or air force; the
constabulary or national police force; or confinement or
detention in government institutions in accordance with
law, shall be deemed not to have lost his original
residence.
[RA 8189, SECTION 9]
Who May Register. — All citizens of the Philippines not
otherwise disqualified by law who are at least eighteen
(18) years of age and who shall have resided in the
Philippines for at least one (1) year and in the place
wherein they propose to vote for at least six (6) months
immediately preceding the election, may register as a
voter.
Any person who temporarily resides in another city,
municipality or country solely by reason of his
occupation, profession, employment in private or public
service, educational activities, work in the military or
naval reservations within the Philippines, service in the
Armed Forces of the Philippines, the National Police
ELECTION LAW
Atty. Gallant Soriano
Forces, or confinement or detention in government
institutions in accordance with law, shall not be
deemed to have lost his original residence.
Any person, who, on the day of registration may not
have reached the required age or period of residence
but who, on the day of the election shall possess such
qualifications, may register as a voter.
MACALINTAL v. COMELEC
G.R. No. 157013; July 3, 2003
Petitioner Romulo B. Macalintal, a member of the
Philippine Bar, sought to declare certain provisions of
Republic Act No. 9189 entitled, "An Act Providing for A
System of Overseas Absentee Voting by Qualified
Citizens of the Philippines Abroad, Appropriating
Funds Therefor, and for Other Purposes" as
unconstitutional. Petitioner contended that Section 5(d)
is unconstitutional because it violates Section 1, Article
V of the 1987 Constitution which requires that the voter
must be a resident in the Philippines for at least one
year and in the place where he proposes to vote for at
least six months immediately preceding an election.
Petitioner cited the ruling of the Court in Caasi vs. Court
of Appeals to support his claim. In that case, the Court
held that a "green card" holder immigrant to the United
States is deemed to have abandoned his domicile and
residence in the Philippines.
The Supreme Court upheld the constitutionality of
Section 5(d) of R.A. No. 9189. According to the Court,
Section 2 of Article V of the Constitution is an exception
to the residency requirement found in Section 1 of the
same Article. Ordinarily, an absentee is not a resident
and vice versa; a person cannot be at the same time,
both a resident and an absentee. However, under
existing election laws and the countless
pronouncements of the Court pertaining to elections,
an absentee remains attached to his residence in the
Philippines as residence is considered synonymous
with domicile. Aware of the domiciliary legal tie that
links an overseas Filipino to his residence in this
country, the framers of the Constitution considered the
circumstances that impelled them to require Congress
to establish a system for overseas absentee voting.
Thus, Section 2, Article V of the Constitution came into
being to remove any doubt as to the inapplicability of
the residency requirement in Section 1. It is precisely
to avoid any problems that could impede the
implementation of its pursuit to enfranchise the largest
number of qualified Filipinos who are not in the
Philippines that the Constitutional Commission
explicitly mandated Congress to provide a system for
overseas absentee voting.
NICOLAS-LEWIS v. COMELEC
G.R. No. 162759; August 4, 2006
Whether or not dual citizens may exercise their right to
suffrage as absentee voters even short of 1-year
residency requirement.
RULING: Yes. There is no provision in the RA 9225
requiring duals to actually establish residence and
physically stay in the Philippines first before they can
MATEO, MARY EVIELYN | 1
CHAPTER 2
Qualification and Registration of Voters
exercise their right to vote. Congress enacted RA 9189
pursuant to Sections 1 and 2 of Article V of the
Constitution, identifying in its Section 4 of the said Act
who can vote under it, among others, are Filipino
immigrants and permanent residents in another
country opens an exception and qualifies the
disqualification rule under the Section 5(d) of the same
Act.
By applying the doctrine of necessary implication,
Constitutional Commission provided for an exception
to actual residency requirement of Section 1, Article 5
of 1987 Constitution, with respect to qualified Filipinos
abroad. Filipino immigrants and permanent residents in
another country may be allowed to vote even though
they do not fulfill the residency requirement of said Sec
1 Art V of the Constitution.
ELECTION LAW
Atty. Gallant Soriano
Failure to vote in two successive preceding REGULAR
ELECTIONS shall be a ground for deactivation of
registration.
DEFINITION
[RA 9189, SECTION 3(A)]
Definition of Terms. — As used in this Act:
(a) Registration refers to the act of accomplishing and
filing of a sworn application for registration by a
qualified voter before the election officer of the city or
municipality wherein he resides and including the same
in the book of registered voters upon approval by the
Election Registration Board.
RATIONALE

DISQUALIFICATION FROM VOTING Registration is a means  requires the

[RA 8189, SECTION 11]
Disqualification. — The following shall be disqualified
from registering:
(a) Any person who has been sentenced by final
judgment to suffer imprisonment of not less than one
(1) year, such disability not having been removed by
plenary pardon or amnesty: Provided, however, That
any person disqualified to vote under this paragraph
shall automatically reacquire the right to vote upon
expiration of five (5) years after service of sentence.
(b) Any person who has been adjudged by final
judgment by a competent court or tribunal of having
committed any crime involving disloyalty to the duly
constituted government such as rebellion sedition,
violation of the firearms laws or any crime against
national security, unless restored to his full civil and
political rights in accordance with law: Provided, That
he shall automatically reacquire the right to vote upon
expiration of five (5) years after service of sentence;
and
(c) Insane or incompetent persons declared as such by
competent authority unless subsequently declared by
proper authority that such person is no longer insane
or incompetent.
REGISTRATION
Registration does not confer the right to vote but it is a
condition precedent for the exercise of the right.
It is a mere regulation not a qualification
Registration shall be conducted DAILY in the office of
election officer.
No registration shall be conducted when:
(1) 120 days before a regular election
(2) 90 Days before a special election
Registration of illiterate or disabled voters is done with
the assistance of a relative within 4th civil degree of
consanguinity or affinity or election officer or any
member of accredited citizens’ arm
of determining who examination of the claim
possess the of persons to vote on the
qualifications of voters… ground of possessing
these qualifications
.. of regulating the  reasonable and
exercise of the right to convenient means
vote
NECESSITY
 registration is essential to the exercise of the right
of suffrage (right to vote), not the possession
thereof
 It is a part and parcel of the right to vote
 Indispensable element in the election process
[BP 881, SECTION 115]
Necessity of Registration. — In order that a qualified
elector may vote in any election, plebiscite or
referendum, he must be registered in the permanent
list of voters for the city or municipality in which he
resides.
[BP 881, SECTION 115]
Who may be registered in the list. — All persons having
complied with the requisites herein prescribed for the
registration of voters shall be registered in the list,
provided they possess all the qualifications and none
of the disqualifications of a voter. Those who failed to
register in the election of 1984, for any reason
whatsoever, may register in accordance with the
provisions of this Code. Any person who may not have
on the date of registration the age or period of
residence required may also be registered upon proof
that on the date of the election, plebiscite or
referendum he shall have such qualifications.
DUTY TO REGISTER
[BP 881, SECTION 4]
Obligation to register and vote. — It shall be the
obligation of every citizen qualified to vote to register
and cast his vote.

MATEO, MARY EVIELYN | 2

CHAPTER 2
Qualification and Registration of Voters
PROCEDURE
[BP 881, SECTION 115]
Necessity of Registration. — In order that a qualified
elector may vote in any election, plebiscite or
referendum, he must be registered in the permanent
list of voters for the city or municipality in which he
resides.
REGISTRATION:
 accomplishing and filing for registration; must be
under oath
 by qualified voter; Filipino, not disqualified by law,
at least 18 years of age, at least 1 year – Phil,
place to vote – at least 6 months immediately
preceding election
 before election officer of city or municipality
wherein he resides
 including the same in the book of registered
voters- completer the process of registration, now
considered registered voter
 approval by election registration board – hearings
– quarterly;
CONTINUING REGISTRATION
[RA 8189, SECTION 3]
xxx personal filing of application of registration of voters
shall be conducted daily in the office of election officer
during regular office hours’
no registration shall, however, be conducted during the
period starting 120 day before a regular election and
90 day before special election xxx
MANDATORY BIOMETRIC CAPTURE
RA 10367
YRA v. ABANO
G.R. No. 30187; November 15, 1928
The Election Law makes use of the terms "qualified
voter in his municipality," and "qualified elector
therein." To be a qualified voter, does not necessarily
mean that a person must be a registered voter. It is
sufficient for the candidate to possess all of the
qualifications prescribed in section 431 and none of the
disqualifications prescribed in section 432. The fact
that a candidate failed to register as an elector in the
municipality does not deprive him of the right to
become a candidate and to be voted for.
One may be a qualified voter without exercising the
right to vote. Registering does not confer the right; it is
but a condition precedent to the exercise of the right.
Registration regulates the exercise of the right of
suffrage. It is not a qualification for such right.
APORTADERA v. SOTTO
G.R. No. L-16876; November 30, 1961
Registration is essential to the exercise of the right of
suffrage, not to the possession thereof. Indeed, only
those who have such right may be registered. In other
words, the right must be possessed before the
registration. The latter does not confer it.
ELECTION LAW
Atty. Gallant Soriano
Registration in a given precinct is mentioned in section
98 of the Revised Election Code in order that a person
"may vote in said precinct." Said section 98 cannot be
construed as adding registration to the original
requirements of a qualified voter, for, otherwise, it
would conflict with Article V of the Constitution, under
which "Suffrage may be exercised by male citizens of
the Philippines not otherwise disqualified by law, who
are twenty-one years of age or over and are able to
read and write, and who shall have resided in the
Philippines for one year and the municipality wherein
they propose to vote for at least six months preceding
the election. . . ."
AKBAYAN YOUTH v. COMELEC
G.R. No. 147066; March 26, 2001
To be sure, the right of suffrage ardently invoked by
herein petitioners, is not at all absolute. Needless to
say, the exercise of the right of suffrage, as in the
enjoyment of all other rights, is subject to existing
substantive and procedural requirements embodied in
our Constitution, statute books and other repositories
of law.
As to the procedural limitation, the right of a citizen to
vote is necessarily conditioned upon certain procedural
requirements he must undergo: among others, the
process of registration. Specifically, a citizen in order to
be qualified to exercise his right to vote, in addition to
the minimum requirements set by the fundamental
charter, is obliged by law to register, at present, under
the provisions of Republic Act No. 8189, otherwise
known as the "Voter's Registration Act of 1996."
Stated differently, the act of registration is an
indispensable precondition to the right of suffrage. For
registration is part and parcel of the right to vote and an
indispensable element in the election process. Thus,
contrary to petitioners' argument, registration cannot
and should not be denigrated to the lowly stature of a
mere statutory requirement. Proceeding from the
significance of registration as a necessary requisite to
the right to vote, the State undoubtedly, in the exercise
of its inherent police power, may then enact laws to
safeguard and regulate the act of voter's registration for
the ultimate purpose of conducting honest, orderly and
peaceful election, to the incidental yet generally
important end, that even pre-election activities could be
performed by the duly constituted authorities in a
realistic and orderly manner — one which is not
indifferent and so far removed from the pressing order
of the day and the prevalent circumstances of the
times.
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