Baudi, Bonganay, Caraos, Carrasco, Celis

 The means by which

people choose their
officials

 Definite and Fixed

period

 Entrust the exercise

of the powers of the
government
 The right to vote
 Election of officers
 Chosen by the people
 Determination of
questions submitted
to the people
 Election, Plebiscite,
Initiative and Referendum
It is a RIGHT

It is a PRIVILEGE
 To enable To determine
the people to the will of
choose the people
FACTS:

An election was held in the Province of Ambos Camarines for governor, and other
provincial and municipal officers.

Garchitorena, Crescini, Imperial, and Botor were candidates for the office of governor.

The provincial board of inspectors made a proclamation declaring Crescini had been
elected Governor, and issued to him a certificate to that effect.

Garchitorena presented a protest against said election, alleging that many frauds and
irregularities had been committed in various municipalities of said province, and that
he had, in fact, received a majority of all legal votes cast.

Two trials were conducted, and the judges found in favor of Garchitorena.
ISSUE:

Whether or not Garchitorena won the election and not Crescini

HELD:

Yes.

When the election has been conducted so irregularly and fraudulently that the true result
cannot be ascertained, the whole return must be rejected.

Legal ballots were tampered with and destroyed after they had been cast, to such an
extent that no confidence can be placed in the return.

Fully sustained by the evidence adduced during the trial of the cause.
 expression of the sovereign will of
the people involving the choice
or selection of candidate to public
office by popular vote
 “Unless otherwise provided by law, the regular election of the
Senators and the Members of the House of Representatives shall be
held on the second Monday of May” (Article VI, Section 8, 1987
Constitution)
 “Unless otherwise provided by law, the regular election for President
and Vice-President shall be held on the second Monday of May”
(Article VII, Section 4, 1987 Constitution)
 “Section 42. Date of Election. Unless otherwise provided by law, the
elections for local officials shall be held every three (3) years on the
second Monday of May” (Title II, Chapter I, Section 42, Local
Government Code)
  process whereby the
registered voters
directly propose,
enact, or amend laws
INITIATIVE (national or local)
through an election
called for that
purpose
 “Section 2. Amendments to this Constitution may likewise
be directly proposed by the people through initiative upon a
petition of at least twelve per centum of the total number of
registered voters, of which every legislative district must be
represented by at least three per centum of the registered
voters therein. No amendment under this section shall be
authorized within five years following the ratification of this
Constitution nor oftener than once every five years thereafter.”
(Article XVII, Section 2, 1987 Constitution)
electoral process by which an
initiative on the Constitution is
approved or rejected by the
people
 “Section 4. Any amendment to, or revision of, this
Constitution under Section 1 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite
which shall be held not earlier than sixty days nor later
than ninety days after the approval of such amendment or
revision.” (Article XVII, Section 4, 1987 Constitution)
  submission of a law
passed by the
national or local
legislative body to the
REFERENDUM registered voters at
an election called for
that purpose for their
ratification.
 It may be of two classes:
 Referendum on statutes passed by the Congress

 Referendum on local ordinances or resolutions

enacted by regional or local legislative bodies
 “Section 32. The Congress shall, as early as possible, provide
for a system of initiative and referendum, and the exceptions
therefrom, whereby the people can directly propose and enact
laws or approve or reject any act or law or part thereof
passed by the Congress or local legislative body after the
registration of a petition therefor signed by at least ten per
centum of the total number of registered voters, of which every
legislative district must be represented by at least three per
centum of the registered voters thereof.” (Article VI, Section 32,
1987 Constitution)
  the termination of
official relationship of a
local elective public
official for loss of
RECALL confidence by the
people prior to the end
of his term of office
 “Section 69. By Whom Exercised. - The power of recall for
loss of confidence shall be exercised by the registered
voters of a local government unit to which the local elective
official subject to such recall belongs.” (Title II, Chapter V,
Section 69, Local Government Code)
One provided by law for the election of officers either
nation-wide or in certain subdivisions thereof, after
the expiration of the full term of the former officers

The Regular National and Local elections are held on

the second Monday of May every third year starting
1992
A kind of election which is held to fill a
vacancy before the expiration of the term
which the incumbent was elected or;
An election that was supposedly held with
the general election but was delayed
Republic Act No. 7166 - AN ACT PROVIDING FOR SYNCHRONIZED
NATIONAL AND LOCAL ELECTIONS AND FOR ELECTORAL
REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR, AND
FOR OTHER PURPOSES
Section 4. Postponement, Failure of Election and Special Elections. -
The postponement, declaration of failure of election and the calling of
special elections as provided in Sections 5, 6 and 7 of the Omnibus Election
Code shall be decided by the Commission sitting en banc by a majority
vote of its members. The causes for the declaration of a failure of election
may occur before or after the casting of votes or on the day of the election.
In case a permanent vacancy shall occur in the Senate or House of
Representatives at least one (1) year before the expiration of the term, the
Commission shall call and hold a special election to fill the vacancy not
earlier than sixty (60) days nor longer than ninety (90) days after the
occurrence of the vacancy. However, in case of such vacancy in the Senate,
the special election shall be held simultaneously with the succeeding
regular election
The American Colonial rule has set the foundation for elections
in the Philippines
Emergence of institutions such as, the secret ballot, the
referendum, political parties etc.
First adopted in 1901

Defining force in the emergence of democracy in the Philippines

“First Past the Post”

 The plurality system has been enshrined

in the 1935, 1973, and 1987 constitutions
 All elective officials – president, vice-
president, senators, members of the
House of Representatives, local chief
executives and local legislators – are
elected at large or whoever wins the most
number of votes, wins.
 The President
 Elected nationally for a six-year term with no re-election
allowed
 Vice President
 Elected nationally for six-year term, shall not serve for
more than two successive terms
 National Legislature
 24 member Senate has senators elected for a six year term
nationally, half elected every three years
 Lower house elected in single member district constituencies for
three year term
 One Party-list organization
 Local Government officials
 Governors, Provincial councils, Municipal and City Mayors,
Municipal and city Councils, Barangay Officials are elected to a
three-year term with a three term limit
 First implemented in the 2010 National Elections
 A system using a appropriate technology which has
been demonstrated in the voting, counting,
consolidating, canvassing, and transmission of
election result, and other electoral process (Sec. 2,
RA 9369)
 1. TRIBAL THEORY 2. FEUDAL THEORY

• voting is a necessary attribute of • suffrage is an adjunct of a particular

membership in the state status
• suffrage is an adjunct and function of • Tenurial in character
citizenship
 3. NATURAL 4. SCIENTIFIC 5. ETHICAL
RIGHT THEORY THEORY THEORY
• Voting is an • Voting is a • voting is an
abstract right, public office important
founded in • A function of indeed a
natural law government necessary and
• Consequence of essential
social compact
• Incident of
popular
sovereignty
 RIGHT
expression of the sovereign will
of the people
Sec. 1, Art. II, 1987 Constitution –
The Philippines is a democratic
and republican State. Sovereignty
resides in the people and all
government authority
PRIVILEGE DUTY
not granted to everybody but to which every citizen owes to his
such persons as are most likely country
to exercise it for the common
good
Sec. 1, Art. V, 1987 Constitution – Sec. 4, BP 881 – it shall be the duty
Suffrage may be exercised by all of every citizen to register and cast
citizens of the Philippines not his vote
otherwise disqualified by law, who
are at least eighteen years of age, Sec. 4, Art. V, 1973 Constitution – it
and who shall have resided in the shall be the obligation of every
Philippines for at least one year citizen qualified to vote to register
and in the place wherein they and cast their vote.
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.
 CONSTITUTIONAL PROVISIONS ON SUFFRAGE
1935
PHILIPPINE CONSTITUTION
(Article V, Section 1)
SECTION 1. 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 in the municipality wherein
they propose to vote for at least six months
preceding the election. The National Assembly
shall extend the right of suffrage to women, if in
a plebiscite which shall be held for that
purpose within two years after the adoption of
this Constitution, not less than three hundred
thousand women possessing the necessary
qualifications shall vote affirmatively on the
question.
(COMPARATIVE)
1973
PHILIPPINE CONSTITUTION
(Article VI, Section 1)
SECTION 1. Suffrage shall be exercised by
citizens of the Philippines not otherwise
disqualified by law, who are eighteen years of
age or over 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 preceding the election. No literacy,
property or other substantive requirement shall
be imposed on the exercise of, suffrage. The
Batasang Pambansa shall provide a system for
the purpose of securing the secrecy and
sanctity of the vote.
1987
PHILIPPINE CONSTITUTION
(Article V, Sections 1 & 2)
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.
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.
 1935 1973 1987
PHILIPPINE CONSTITUTION PHILIPPINE CONSTITUTION PHILIPPINE CONSTITUTION

MALE CITIZENS CITIZENS ALL CITIZENS

GENDER OF THE PHILIPPINES OF THE PHILIPPINES OF THE PHILIPPINES
not otherwise disqualified by law not otherwise disqualified by law not otherwise disqualified by law

TWENTY-ONE YEARS OF AGE OR OVER EIGHTEEN YEARS OF AGE OR OVER AT LEAST EIGHTEEN YEARS OF AGE OR OVER
AGE
(21 or over) (18 or over) (18 or over)

LITERACY ABLE TO READ AND WRITE No literacy, property or other substantive requirement shall be imposed on the exercise of, suffrage.

who shall have:

who shall have: RESIDED IN THE PHILIPPINES FOR AT LEAST ONE
RESIDED IN THE PHILIPPINES FOR ONE YEAR and YEAR and
RESIDENCY in the MUNICIPALITY WHEREIN THEY PROPOSE TO VOTE FOR in the PLACE WHEREIN THEY PROPOSE TO VOTE,
AT LEAST SIX MONTHS PRECEDING THE ELECTION. FOR
AT LEAST SIX MONTHS IMMEDIATELY
PRECEDING THE ELECTION.

SECTION 2. The Congress shall provide a system

The National Assembly shall extend the right of
suffrage to women, if in a plebiscite which shall be
held for that purpose within two years after the
adoption of this Constitution, not less than three
hundred thousand women possessing the
necessary qualifications shall vote affirmatively on
the question.
The Batasang Pambansa shall provide a system
for the purpose of securing the secrecy and
sanctity of the vote.
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.
 QUALIFIED – Art. V, Sec 1, 1987 Constitution

 NOT QUALIFIED – Sec 118, BP 881, Omnibus Election Code

 REGISTERED IN THE LIST OF VOTERS – Sec. 10, BP 8189

- Sec 6 (2), BP 9189
- Sec 4 BP 881
 NO FURTHER QUALIFICATION – Sec 1, Art V, 1973 Constitution
 All citizens of the Philippines
 Not otherwise disqualified by law
 At least 18 years of age
 Who shall have resided in the Philippines for at least 1 year
and in the place wherein they propose to vote for at least 6
months immediately preceding the election
 Sentenced by final judgment to suffer imprisonment for not
less than 1 year
 Act involving disloyalty against national security
 Insane or incompetent persons as declared by competent
authority
 SEC 10 RA 8189 – Disqualifications – The following shall be
disqualified from voting: A qualified voter shall be registered in the
permanent list of voters in a precint of the city or municipality
wherein he resides to be able to vote in any election
 SEC 6 (2) RA 9189 – Qualified citizens of the Philippines abroad who
failed to register under RA 8189 may personally apply for
registration
 SEC 4 BP 881 – It shall be the obligation of every citizen to register
and cast his vote
 SEC 4 ART V, 1973 Constitution – It shall be the obligation of every
citizen qualified to vote to register and cast his vote.
No Literacy

Property

Other substantive requirement

 Social justice presupposes
Property qualifications are
equal opportunity for all,
inconsistent with the nature
rich and poor alike, and that,
and essence of the Republican
accordingly, no person
system ordained in our
shall, by reason of poverty, be
Constitution and the principle
denied the chance to be
of social justice underlying the
elected to public office.
same.