REVIEWER IN PHILIPPINE CONSTITUTION (2nd Semester – Finals)
ARTICLE V: SUFFRAGE
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 requirements
shall be imposed on the exercise of Suffrage.
What is Suffrage?
The right and obligation to vote of qualified citizens
in the election of certain national and local officers of
the government and in the decision of public
questions submitted to the people.
Where does suffrage originate?
It was originated from the Greeks – City State of
Athens where an assembly of citizens regularly met
to choose their leaders.
Theories of Suffrage
1. Suffrage as an Attribute of Citizenship
- only citizens of the city-state have the
right to exercise suffrage. In modern
democracy, citizenship is a requirement
for the exercise of Suffrage.
2. Suffrage as a Vested Privilege
- Middle Ages – anchored on the economic
status of the citizens; rich who has
property and landed gentry had the right
and privilege to vote for their public
officials.
- Modern Democracies – like Philippines,
property qualification was abolished
(following the “equal protection of the
law” clause, Art. III Sec. 1.).
3. Suffrage as a Natural Right
- Suffrage is an inherent right endowed
upon man by God. It is an innate right that
man exercises when he becomes an adult
regardless of his qualifications or
disqualifications
4. The Ethical Theory
- Theory; man-an asset of his community;
main objective is improving his
personality and mold him in the matrix of
citizenship.
5. Suffrage as a Government Function
- Suffrage is a function of the government.
Nature of Suffrage
A mere privilege – not a natural right but merely a
privilege to be given or withheld by the lawmaking
power subject to constitutional limitations.
A political right – a right conferred by the
constitution; enabling every citizen to participate in
the process of the government to assure that it
derives its powers from the consent of the governed.
Scope of Suffrage
i. Election – the people chose their officials
for a definite and fixed periods and to
whom they entrust, for the time being as
their representatives, the exercise of
powers of government.
ii. Plebiscite – refers to a vote expressing
choice for or against a proposed law or
enactment.
iii. Referendum – refers to the submission of
the law or part thereof passed by the
national or local legislative body to the
voting citizens of the country for their
ratification or rejection
iv. Initiative – process whereby the people
directly propose or enact laws.
v. Recall – it is a method by which a public
officer from office – during his tenure or
before expiration.
Who May Exercise Suffrage?
All citizens of the Philippines
Not otherwise disqualified by law
At least eighteen (18) years of age
Resident of the Philippines for at least one
year and in the place where they propose to
vote for at least six (6) months immediately
preceding the election.
Why the voting has been lowered to eighteen years
old?
In order to broaden the mass electoral base and in
order to emphasize the role of the youth in public
affairs.
What does ‘residence” means?
Residence – Synonymous with “domicile”, which
imports not only the intention to reside in a fixed
place but also personal presence in that place,
coupled with the conduct indicative to such
intention.
It must concur the following:
Residence or bodily presence in the new
locality
An intention to remain there
