MODULE I – GENERAL PRINCIPLES

A. Definition of Terms
1. Election
- It is the means by which the people choose, through the use of ballot, their
officials for definite and fixed periods and to whom they entrust, for the time
being as their representatives, the exercise of powers of government.
2. Suffrage
- It is the right to vote in the election of officers chosen by the people and in the
determination of questions submitted to the people. It includes within its scope
election, plebiscite, initiative, and referendum

B. Scope of Suffrage
1. Election
- It is the means by which the people choose, through the use of ballot, their
officials for definite and fixed periods and to whom they entrust, for the time
being as their representatives, the exercise of powers of government.
2. Plebiscite
- It is the electoral process by which an initiative on the Constitution is approved or
rejected by the people
3. Referendum
- It is the power of the electorate to approve or reject legislation through an election
called for the purpose
4. Initiative
- It is the power of the people to propose amendments to the Constitution or to
propose and enact legislations through an election called for the purpose. It is
called the “people power” feature of the Constitution
5. Recall
- It is the termination of official relationship of a local elective official for loss of
confidence prior to the expiration of his term though the will of the electorate.
C. Kinds of Election
1. General/ Regular
- One provided by law for the election of officers either nationwide, or in certain
subdivions thereof, after the expiration of the full term of the former officers
2. Special
- One held to fill a vacancy which occurs before the expiration of the term which
the incumbent was elected
D. Philippine Election System

E. Theories on Suffrage
1. Universal Theories
1. Natural Right a) Inherent right of every citizen This view
b) by virtue of his membership in the State dominated the USA
c) who is not disqualified by reason of his own and France in the
reprehensible conduct or fitness 18th century
2. Social Expediency a) Public office or function Not a right but a
b) conferred upon those fit and capable of duty enjoined upon
discharging it some citizens

3. Tribal a) Suffrage is a necessary Tribute Not a natural right

b) of membership in the State but accrues only
when one becomes
member of the state
4. Feudal a) vested privilege Before in most US
b) usually accompanying the ownership of land states- only white
males who owned
at least 50 acres of
land
5.Ethical a) necessary and essential means Indicative of
b) for the development of society political maturity

2. Philippine Theories
1. Right a) Expression of the sovereign will Sec 1, Art II, 1987 Consti – The
b) Of the people Philippines is a democratic and
republican state. Sovereignty resides in
the people and all government authority
emanates from them
2. Privilege a) Not granted to everybody Sec 1, Art V, 1987 Consti – Suffrage
b) But to such persons as are most may be exercised by all the citizens of
 likely to exercise it the Philippines not otherwise
c) For the common good disqualified by law, who are at least 18
years of age, and who shall have resided
in the Phil for at least one year and in
the place wherein they propose to vote
for at least six months immediately
preceding the election
3. Duty a) Which every citizen Sec 4, B.P. 881 - It shall be the duty of
b) Owes to his country every citizen to register and cast his
vote

F. Constitutional Provisions on Suffrage

1935 Consti
Basic SECTION 1, Art V -  Suffrage
Provision 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
1973 Consti
SECTION 1.Art VI -
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 National
Assembly shall provide a
system for the purpose of
securing the secrecy and
sanctity of the vote
1987 Consti
SECTION 1 Art 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

Gender Male citizens (only) citizens All citizens

Age 21 years of age or over 18 years of age or over At least 18 years of
age
Residence For 1 year- Phil For 1 year- Phil For 1 year- Phil
6 Months – municipality to 6 Months – place to vote 6 Months – place to
vote vote
Literacy Able to read and write No literacy or property No literacy or
req property req

G. Requisites for the exercise of Suffrage

1. Qualified –
 Art.V, Sec. 1, 1987 Constitution – Suffrage may be exercised by all citizens of the
Philippines and not otherwise disqualified by law who are at least 18 years of age,
and 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. No literacy, property or other substantive requirement shall be imposed on
the exercise of suffrage

2. Not Disqualified –

Sec. 118, B.P. 881 (Omnibus Election Code)

The following shall be disqualified from voting:

(a) Any person who has been sentenced by final judgment to suffer imprisonment for
not less than one year, such disability not having been removed by plenary
pardon or granted amnesty: Provided, however, That any person disqualified to vote
under this paragraph shall automatically reacquire the right to vote upon
expiration of five years after service of sentence.

(b) Any person who has been adjudged by final judgment by competent court or
tribunal of having committed any crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the anti-subversion
and 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 regain
his right to vote automatically upon expiration of five years after service of
sentence.

(c) Insane or incompetent persons as declared by competent authority. (Sec. 102,

1971 BC; Sec. 75 1978 EC, as amended)

3. Registered in Voters List –

Sec. 10, R.A. 8189 (Voters Registration Act)

SECTION 10. Registration of Voters. — A qualified voter shall be registered in the

permanent list of voters in a precinct of the city or municipality wherein he resides to
be able to vote in any election. To register as a voter, he shall personally accomplish
an application form for registration as prescribed by the Commission in three (3)
copies before the Election Officer on any date during office hours after having
acquired the qualifications of a voter.
The application shall contain the following data:

a) Name, surname, middle name, h) Exact address with the name

and/or maternal surname; of the street and house number
for location in the precinct maps
b) Sex; maintained by the local office of
the Commission, or in case there
c) Date, and place of birth; is none, a brief description of his
residence, sitio and barangay;
d) Citizenship;
i) A statement that the applicant
e) Civil status, if married, name possesses all the qualifications of
of spouse; a voter;

f) Profession, occupation of j) A statement that the applicant

work; is not a registered voter of any
precinct; and
g) Periods of residence in the
Philippines and in the place of k) Such information or data as
registration; may be required by the
Commission.

The application for registration shall contain three (3) specimen signatures of the
applicant, clear and legible rolled prints of his left and right thumbprints, with four (4)
identification size copies of his latest photograph, attached thereto, to be taken at the
expense of the Commission.

Before the applicant accomplishes his application for registration, the Election
Officer shall inform him of the qualifications and disqualifications prescribed by law
for a voter, and thereafter, see to it that the accomplished application contains all the
data therein required and that the applicant's specimen signatures, fingerprints, and
photographs are properly affixed in all copies of the voter's application.

Sec. 6(2), R.A. 9189 (Overseas absentee voting act)

Qualified citizens of the Philippines abroad who failed to register under Republic Act
No. 8189, otherwise known as "The Voters Registration Act of 1996", may
personally apply for registration with the Election Registration Board of the city or
 municipality where they were domiciled immediately prior to their departure from the
Philippines, or with the representative of the Commission at the Philippine embassies,
consulates and other foreign service establishments that have jurisdiction over the
locality where they temporarily reside. Subject to the specific guidelines herein
provided, the Commission is hereby authorized to prescribe additional procedures for
overseas absentee registration pursuant to the provisions of Republic Act No. 8189,
whenever applicable, taking into strict consideration the time zones and the various
periods and processes herein provided for the proper implementation of this Act. The
embassies, consulates and other foreign service establishments shall transmit within
(5) days from receipt the accomplished registration forms to the Commission, after
which the Commission shall coordinate with the Election Officer of the city or
municipality of the applicant's stated residence for verification, hearing and
annotation in the permanent list of voters

Sec. 4, B.P. 881 (Omnibus election code)

Obligation to register and vote. — It shall be the obligation of every citizen qualified
to vote to register and cast his vote.

4. No Further Qualification –

Sec. 1, Art. V, Constitution

No literacy, property or other substantive requirement shall be imposed on the

exercise of suffrage

MODULE II – QUALIFICATION & REGISTRATION OF VOTERS

A. Qualification for Suffrage:

1. Section 1, Article V, 1987 Constitution;

1. Citizens of the Philippines

2. Not otherwise disqualified by law

3. Who are at least 18 years of age

 4. 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

2. Section 117, B.P. 881 (Omnibus Election Code)

1. Every Citizen of the Philippines

2. Not otherwise disqualified by law

3. 18 years of age or over

4. Who shall have resided in the Philippines for 1 year and in the city or
municipality wherein he proposes to vote for at least 6 months immediately
preceding the election

3. Section 9, R.A. 8189 (Voters Registration Act of 1996)

1. All citizens of the Philippines

2. Not otherwise disqualified by law

3. Who are at least 18 years of age

4. And who 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, may register as a voter

B. Disqualifications from Voting –

Sec. 11, R.A. 8189 (Voters Registration Act)
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.

C. Registration

1. Definition

Sec.3(a), R.A. 8189 - V.R.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

2. Rationale -

3. Necessity –

Sec. 115, B.P. 881

a) In order that a qualified elector may vote in any election, plebiscite and
referendum

b) he must be registered in the permanent list of voters for the city or

municipality in which he resides

4. Duty to Register -

Sec. 4, B.P. 881

Obligation to register and vote. — It shall be the obligation of every citizen qualified
to vote to register and cast his vote

5. Procedure –
Sec 8, R.A. 8189 (V.R.A)

Continuing Registration

a) The personal filing of application of registration of voters shall be conducted

daily in the office of the election officer during regular office hours

b) No registration shall, however be conducted during the period starting 120

days before a general election and 90 days before a special election
(AKBAYAN YOUTH vs COMELEC)

Sec. 115, B.P. 881;

Sec. 3, R.A. 8189 V.R.A

a) Accomplishing and filing a sworn application for registration – must be

under oath

b) by a qualified voter – must not be disqualified

c) before the Election Officer (EO) of city or municipality wherein he resides –

EO is the local representative of COMELEC in all cities and
municipalities

d) and including the same in the book of registered voters – completes the
process of registration. Applicant is now considered a registered voter

e) upon approval by Election Registration Board – hearings: quarterly;

composition: E.O as chair, most senior in rank public school official,
Local Civil Registrar – as members

R.A. 10367 (Mandatory Biometrics Voter Registration)

a) new applications require mandatory capture of applicants’ biometrics using

COMELEC’s Voter Registration Machine (VRM) – utilizes a digital camera,
a fingerprint scanner and a signature pad
b) Previously registered voters are required to subject themselves to biometrics
capture – or face deactivation resulting to the non- allowing to vote in the
forthcoming elections