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Requirement – there is no literacy, property or other substantive requirement that may be imposed on

the right of suffrage.

So even if you don’t have substantial property, you cannot be disqualified from exercising the right of
suffrage.

You distinguish this from the basic requirement on running for elective public office which requires
among others that one who is running for public office must be able to read and write.

In the absence of certain provisions in the Constitution on technical nuances, it will be Congress who will
regulate.

For example,

 the overseas voting act which allows Filipinos abroad to exercise the right of suffrage
 the party-list system – an act of Congress with a basic rule provided for by the Constitution

There are various laws that govern the conduct of elections –

 the Constitution – a fundamental source. Among others, the Declaration of principles which
states that the Philippines is a Republican State; all government authority emanates from the
people; the Bill of Rights; provisions on citizenship – only Filipino citizens may exercise the right
of suffrage; provision of suffrage; legislative department; the qualifications of Senate, the House
of Representatives, the constitution of the Electoral Tribunal of each house – composed of 3
justices of SC and 6 members of the said house who are chosen on the basis of proportional
representation; the executive department – the manner of election and qualification of the
president and vice president; the judicial department – where SC act as the Presidential
Electoral Tribunal.

The first question to be asked of you is – What is the purpose of election laws?

Imagine niyo, ako lang yan nag bibigay ng question. Pag di niyo pa yan masagot, bubu na kayo.

The purpose of having election law is to ensure that there is fair and honest counting of the ballots. To
ensure peaceful, fair and honest elections.

Next question is – How do you construe election laws?

Election laws are to be construed liberally in order to promote or to the end that the will of the
electorate shall not be defeated by technical infirmities.

This is usually done when there is doubt. Because if the law is clear in its language, the rule under
Statutory Construction is there is no room for interpretation because the law is clear.

But in case of doubt or ambiguity, then election laws are to be construed liberally.

Does it mean that you can invoke this rule when a law prohibits someone from running for office?

Of course NOT. Because there is a law which specifically states that that person suffering from certain
defects is prohibited from running for public office.

Is the right of suffrage a matter of right or matter of privilege?


It is both a matter of right and of privilege.

It is a right because all citizens provided that they possess all the qualifications provided for by law can
exercise it. It is an inherent right as a part of sovereign state because all government authority emanates
from the people.

It is a privilege in the sense that before you can exercise that right you must possess the minimum
requirements provided by law. You must at least of voters age, you must not be insane, or you must
pretend that you are not insane, you must be registered voter, a resident of the Philippines.

For how many months/years?

In the Philippines, for at least 1 year. In the place where you will vote, for at least 6 months immediately
preceding the election.

Memorize Article 5 Section 1 of the Constitution

Article V. 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.

Our president is able to make policies, come up with government positions because he is given that
power by the people through election.

Although sometimes, the line between policy and law making becomes blurred like for example – the
president came up with that EO banning the use of vape cigarettes. Only Congress can prohibit that
because there must be legislative action.

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