NECESSITY

Acknowledging prisoners' right to vote aligns with democratic principles; it references Article 21
of the Universal Declaration of Human Rights (UDHR), which highlights every individual's
entitlement to participate in political affairs. This democratic foundation is strengthened by
Section 1, Article V of the 1987 Philippine Constitution, which provides universal suffrage
without imposing needless restrictions on residents. Denying prisoners this privilege is regarded
as a breach of their human rights with legal ramifications as outlined in the Omnibus Election
Code. Granting prisoners the right to vote enhances their rehabilitation and overall well-being, in
addition to advancing democratic principles. Seeing prisoners as members of society encourages
accountability and ties with the community, in addition to the successful rehabilitation programs
provided by institutions like the Humanitarian Legal Assistance Foundation and the Bureau of
Correction. Encouraging a more inclusive and equitable society requires granting prisoners the
right to vote without any discrimination, a point that is reinforced by human rights,
rehabilitation, and democratic principles.

BENEFICIAL

Voting is a fundamental aspect of citizenship, and it is essential for all citizens to participate in
their country's government. Prisoners should have the right to vote, as they are still citizens with
civil and political rights. Denying prisoners the right to vote undermines the principles of equal
representation and democracy, as democratic countries hold regular elections of leaders.

Allowing prisoners to vote fosters a sense of responsibility and connection to society, allowing
them to participate in the government and civic life. This positively impacts their wellbeing and
aligns with the rehabilitation philosophy that encourages prisoners to act civilly and engage in
lawful activities.

Several countries have successfully implemented prisoner voting policies, with 21 countries
allowing prisoners to vote without restrictions and 14 countries with selective restrictions. In the
Philippines, prisoners can vote in local and national elections through special voting centers
established inside detention facilities. If the facility is unable to provide a special voting center,
the inmate may be escorted to the registered center.

Granting prisoners the right to vote is a practical step towards a more inclusive and just society.
It shows society's faith in their ability to change and improve, alleviating feelings of resentment
towards them and establishing a unified society where everyone can participate without prejudice
and unfair treatment.

PRACTICABILITY

The debate surrounding the right to vote for prisoners has been ongoing for years. Some argue
that prisoners have lost their right to vote due to committing a crime, while others argue that
everyone has the right to vote, including prisoners. The 1987 Philippine constitution allows
suffrage for all citizens, including prisoners, who are at least 18 years old and have resided in the
country for at least one year and six months before the election. Depriving prisoners of their right
to vote can result in imprisonment, disqualification from public office, and a five-year ban on
suffrage.

The Bureau of Correction (BuCor) offers various rehabilitation programs for prisoners, including
faith-based rehabilitation, work skills, sports, counseling, vocational training, and education. The
Humanitarian Legal Assistance Foundation (HLAF) also provides programs for ex-detainees,
including employment opportunities, counseling, peer-to-peer support, education, and livelihood.

The Omnibus Election Code of the Philippines allows registered prisoners to vote in national
elections, but not local elections. These programs and organizations help prisoners access their
rights and make informed decisions for the country.

REFERENCE:

Easton, S., Black, T., & Dhami, M. K. (2012). Should prisoners be allowed to vote? Criminal
Justice Matters, 90(1), 43–44. https://doi.org/10.1080/09627251.2012.751247

Walsh, C. (2017, December 1). Why prisoners should be given the right to vote. The Guardian.
https://www.theguardian.com/society/2012/jun/05/prisoners-right-to-vote

Citizenship and Participation - Manual for Human Rights Education with Young people -
www.coe.int. (n.d.). Manual for Human Rights Education With Young People.
https://www.coe.int/en/web/compass/citizenship-and-participation

International Comparison of Felon Voting Laws - Felon Voting - ProCon.org. (2021, July 20).
Felon Voting. https://felonvoting.procon.org/international-comparison-of-felon-voting-laws/

Republic of the Philippines. (n.d.). COMELEC Resolution No. 9371. Department of the Interior
and Local Government. https://www.dilg.gov.ph/issuances/mc/COMELEC-Resolution-No-9371-
Entitled-Rules-and-Regulations-on-Detainee-Registration-and-Voting-in-connection-with-the-
May-13-2013-National-and-Local-Elections-and-Subsequent-Elections-thereafter-/1871

G.R. No. 221201 - ATTY. VICTOR AGUINALDO, PETITIONER, VS. NEW BILIBID
PRISON (BUREAU OF CORRECTIONS), DEPARTMENT OF JUSTICE, COMMISSION ON
ELECTIONS, BUREAU OF JAIL MANAGEMENT AND PENOLOGY, DIFFERENT
MUNICIPAL, CITY AND PROVINCIAL JAILS IN THE PHILIPPINES, AND ENLISTED
VOTERS OF THE NEW BILIBID PRISON, AND/OR DETAINEES, RESPONDENTS.
RESOLUTION - Supreme Court E-Library. (n.d.).
https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/68250#:~:text=9371%2C%20or
%20the%20Rules%20and,Elections%20and%20Subsequent%20Elections
%20Thereafter.&text=On%20March%206%2C%202012%2C%20COMELEC,9371.

Comelec explains process after SC allows inmates to vote in local polls. (n.d.). CNN.
http://www.cnnphilippines.com/news/2022/9/1/Supreme-Court-detainee-jail-voting-
Comelec.html

Patinio, F. (2022, September 1). SC nod on detainees’ voting upholds right to suffrage: Comelec.
Philippine News Agency. https://www.pna.gov.ph/articles/1182691

Republic of the Philippines. (1987). The 1987 Constitution of the Republic of the Philippines.
Official Gazette of the Republic of the Philippines. Retrieved November 24, 2023, from
https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-
philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-v/

Republic of the Philippines (2009, October 30) Resolution-CHR-IV-No.-A2009-131. Republic

of the Philippines Commission on Human Rights. Retrieved November 24, 2023, from
https://chr.gov.ph/wp-content/uploads/2018/01/Resolution-CHR-IV-No.-A2009-131.pdf