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Elec Syllabus 1
Elec Syllabus 1
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
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
2. Not Disqualified –
(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.
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.
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
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 –
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
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
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. 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 –
a) In order that a qualified elector may vote in any election, plebiscite and
referendum
4. Duty to Register -
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
d) and including the same in the book of registered voters – completes the
process of registration. Applicant is now considered a registered voter