SUFFRAGE o Recall – It is the termination of official relationship of a

local elective official for loss of confidence prior to the

Section 1. expiration of his term through the will of the electorate
Suffrage may be exercised by all citizens of the Philippines not o Initiative – It is the power of the people to propose
otherwise disqualified by law, who are at least eighteen years of amendments to the Constitution or to proposeand
age, and who shall have resided in the Philippines for at least one enact legislations through an election called for the
year and in the place wherein they propose to vote for at least six purpose. I t is the “people power” feature of the
months immediately preceding the election. No literacy, property, constitution
or other substantive requirement shall be imposed on the exercise o Plebiscite – it is the electoral process by which an
of suffrage. initiative on the constitution is approved or rejected by
the people. It is also the means by which the voters in
Who may exercise the right? affected areas consent or object to the change in the
(1) All citizens of the Philippines, not otherwise disqualified by law for of local government
(2) Who are at least 18 years of age o Election
(3) Who shall have resided in the Philippines for at least one year
in place wherein they propose to vote, for at least 6 months Residence –
immediately preceding the election (1) In the requirement of “residence in the Philippines” -
What us “election”? The term residence as so used is synonymous with
- It means by which the people choose their officials for a domicile, which imports not only intention to reside in
definite and fixed period and to whom they entrust for the a fixed place but also personal presence in that place,
time being the exercised of the powers of government coupled with conduct of such intention.
(2) In the requirement of “residence in the place where to
Kinds of election vote” – residence can mean either domicile,as describe
(1) Regular- one provided by law for the election of officers either above, or temporary residence.
nation wide or in certain subdivision thereof, after the
expiration of the full term of the formers office Who prescribe disqualification?
(2) Special – one held to fill vacancy in office before the expiration - The Congress has been given the discretion to create
of the full term for which the incumbent was elected disqualifications.
- But, it is prohibited from prescribing any literacy, property, or
Is suffrage limited to election? other substantive requirements.
- No, suffrage also covers the ff: - Under the ELECTION CODE, THE FF ARE DISQUALIFIED:
o Referendum – it is the power of the electorate to o Any person who has been sentenced by final
approve or reject legislation through an election called judgement to suffer an imprisonment of not less than
for the purpose one year, such disability not having been removed by
plenary pardon
  But- any person disqualified to vote under this peaceful election, to the end that pre-election activities can be
paragraph shall automatically reacquire the performed by the duly constituted authorities in a realistic and
right to vote upon expiration of five years after orderly manner. Akbayan v COMELEC.
service of sentence
o Any person who has been adjudged by final judgement Biometrics. Biometrics is only part of registration and not a
by competent court of having violated his allegiance to requirement to vote. Registration is a mere procedural
the Republic of the Philippines requirement as it only regulates the exercise of the right of
o Insane or feeble minded person suffrage. Kabataan Party-List vs COMELEC.Same; police
SUBSTANTIVE REQUIREMENTS power. The State, in the exercise of its inherent police power,
No literacy, property, or other substantive requirement shall be may enact laws to safeguard and regulate the act of voter's
imposed on the exercise of suffrage. registration for the ultimate purpose of conducting honest,
orderly and peaceful election. Thus, RA 10367 (Act Providing
No literacy test. The removal of this requirement is in keeping for Mandatory Biometrics Voter’s Registration) is constitutional.
with the trend for the broadening of the electoral base. This is in Id
keeping with the desire to continue the alienation and exclusion
of millions of citizens from the political system and from Highly-urbanized cities. Where voters in a HUC were
participation in the political life in the country. prohibited from voting for elective provincial officials, the court
said that this was not an imposition of additional substantive
Property. The imposition of the property requirement is requirements. The residents of the HUC had full suffrage rights
inconsistent with the nature and essence of the Republican in the city of their residence. Their exclusion in the provincial
system ordained in our Constitution and the principle of social elections was merely based on the Provision of the Constitution
justice underlying the same. that places HUCs, as distinct from component cities, outside the
jurisdiction of government of provinces. Ceniza v COMELEC.
Procedural requirements. The prohibition of imposition of
additional substantive requirements does not preclude Congress SECTION 2.
from establishing procedural requirements in the nature of
implementing regulations designed to ensure the purity of the The Congress shall provide a system for securing the secrecy
electoral process. and sanctity of the ballot as well as a system for absentee
voting by qualified Filipinos abroad.
o Voter’s registration act. RA 8189 provides that there shall
be no registration 120 days before a regular election and 90 days The Congress shall also design a procedure for the disabled
before a special election. This was challenged as an o o and the illiterates to vote without the assistance of other
persons. Until then, they shall be allowed to vote under
unconstitutional limitation on the right of suffrage. However, the existing laws and such rules as the Commission on Elections
Court held that the State, in the exercise of its police power, may may promulgate to protect the secrecy of the ballot.
enact laws to safeguard and regulate the act of voter’s registration
for the ultimate purpose of conducting honest, orderly, and
What are the Constitutional mandates for Congress in Section 2? DISQUALIFICATION

(1) To provide a system for securing the secrecy and sancity of the Such absentee voters shall be disqualified if:1. The affidavit is
ballot, and for absentee voting by qualified Filipinos abroad not submitted; and2. They do not reestablish physical residence
(2) To design a procedure for the disabled and the illiterate to vote within 3 years.
without the assistance of other persons
Application. This provision applies to: (1) Persons who have all
the qualifications but who happen to be temporarily abroad; and
(2) qualified voters who are in the PH but are temporarily absent
ABSENTEE VOTING from their voting places.
Absentee voting. Process by which qualified citizens of the MACALINTAL V COMELEC
Philippines abroad exercise their right to vote. This provision is a
result of a number of Filipinos working abroad, who are Petitioner assails the constitutionality of Section 5(d) of RA 9189
because it is alleged to have violated the residence requirement
deprived of their right of suffrage due to the Constitutional under Art V, Sec 1 of the 1987 Constitution. Ultimately, the
residency requirement.The details of the mechanics for absentee Court ruled that the law does not violate the residency
voting have been left to Congress. The current law is RA 9189 or requirement in Section 1 of Article V of Constitution.
the Overseas Absentee Voting Act of 2003.
Constitutionality. The law was enacted in obeisance to the
OVERSEAS ABSENTEE VOTING ACT mandate of the first paragraph of Section 2, Art V that Congress
shall provide a system for voting by qualified Filipinos abroad.
RA 9189 The strategic location of Section 2 indicates that the
Section 4: Coverage. – All citizens of the PH abroad, who are not Constitutional Commission provided for an exception to the
otherwise disqualified by law, at least eighteen (18) years of age on actual residency requirement of Section 1 with respect to
the day of elections, may vote for president, vice-president, senators, Filipinos abroad. Executing an affidavit of intention to return.
and party- list representatives. Section 5(d) specifically disqualifies an immigrant or permanent
resident who is recognized as such in the host country unless he
RA 9189 allows citizens residing abroad to vote even if they are executes an affidavit. The reason lies in the implication that
recognized as immigrants by the country of their residence. immigration or permanent residence in another country implies
Affidavit requirement. The law requires them to file an affidavit renunciation of one’s residence in his own country. However, by
declaring that they shall resume actual physical permanent executing an affidavit, he is presumed not to have abandoned his
residence in the PH not later than 3 years from approval of domicile by reason of his physical absence from this country.
registration under the said law. This is meant to be a statement The execution of the affidavit itself is not the enabling or
that they never intended to abandon his or her domicile in the enfranchising act. It serves as an explicit expression that he had
PH. not in fact abandoned his domicile of origin
o Absentee voting, with respect to dual citizens. RA 9225 allows
those who reacquire or retain their citizenship to vote under Sec
5(1) of the law. The Court notes that there is no provision in said
law that requires dual citizens to actually establish residence and
physically stay in the PH first before they can exercise their right
to vote. Accordingly, these citizens are allowed to vote under the
system of absentee voting under RA 9189. Nicolas-Lewis vs
COMELEC

- Note: Primer is pissed at this decision because the ruling seems

to suggest that the residency requirement in the Constitution can
be amended through the absentee voting system. It is notable that
RA 9225 does not require dual citizens to execute an affidavit
while RA 9189 requires absentee voters to execute an affidavit.