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Group 1 General Principles
Group 1 General Principles
Group 1 General Principles
It is a PRIVILEGE
To enable To determine
the people to the will of
choose the people
FACTS:
An election was held in the Province of Ambos Camarines for governor, and other
provincial and municipal officers.
Garchitorena, Crescini, Imperial, and Botor were candidates for the office of governor.
The provincial board of inspectors made a proclamation declaring Crescini had been
elected Governor, and issued to him a certificate to that effect.
Garchitorena presented a protest against said election, alleging that many frauds and
irregularities had been committed in various municipalities of said province, and that
he had, in fact, received a majority of all legal votes cast.
Two trials were conducted, and the judges found in favor of Garchitorena.
ISSUE:
HELD:
Yes.
When the election has been conducted so irregularly and fraudulently that the true result
cannot be ascertained, the whole return must be rejected.
Legal ballots were tampered with and destroyed after they had been cast, to such an
extent that no confidence can be placed in the return.
Fully sustained by the evidence adduced during the trial of the cause.
expression of the sovereign will of
the people involving the choice
or selection of candidate to public
office by popular vote
“Unless otherwise provided by law, the regular election of the
Senators and the Members of the House of Representatives shall be
held on the second Monday of May” (Article VI, Section 8, 1987
Constitution)
“Unless otherwise provided by law, the regular election for President
and Vice-President shall be held on the second Monday of May”
(Article VII, Section 4, 1987 Constitution)
“Section 42. Date of Election. Unless otherwise provided by law, the
elections for local officials shall be held every three (3) years on the
second Monday of May” (Title II, Chapter I, Section 42, Local
Government Code)
process whereby the
registered voters
directly propose,
enact, or amend laws
INITIATIVE (national or local)
through an election
called for that
purpose
“Section 2. Amendments to this Constitution may likewise
be directly proposed by the people through initiative upon a
petition of at least twelve per centum of the total number of
registered voters, of which every legislative district must be
represented by at least three per centum of the registered
voters therein. No amendment under this section shall be
authorized within five years following the ratification of this
Constitution nor oftener than once every five years thereafter.”
(Article XVII, Section 2, 1987 Constitution)
electoral process by which an
initiative on the Constitution is
approved or rejected by the
people
“Section 4. Any amendment to, or revision of, this
Constitution under Section 1 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite
which shall be held not earlier than sixty days nor later
than ninety days after the approval of such amendment or
revision.” (Article XVII, Section 4, 1987 Constitution)
submission of a law
passed by the
national or local
legislative body to the
REFERENDUM registered voters at
an election called for
that purpose for their
ratification.
It may be of two classes:
Referendum on statutes passed by the Congress
Sec. 1, Art. II, 1987 Constitution – Sec. 1, Art. V, 1987 Constitution – Sec. 4, BP 881 – it shall be the duty
The Philippines is a democratic Suffrage may be exercised by all of every citizen to register and cast
and republican State. Sovereignty citizens of the Philippines not his vote
resides in the people and all otherwise disqualified by law, who
government authority are at least eighteen years of age, Sec. 4, Art. V, 1973 Constitution – it
and who shall have resided in the shall be the obligation of every
Philippines for at least one year citizen qualified to vote to register
and in the place wherein they and cast their vote.
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.
CONSTITUTIONAL PROVISIONS ON SUFFRAGE
(COMPARATIVE)
SECTION 1. Suffrage may be exercised by SECTION 1. Suffrage shall be exercised by SECTION 1. Suffrage may be exercised by all
male citizens of the Philippines not otherwise citizens of the Philippines not otherwise citizens of the Philippines, not otherwise
disqualified by law, who are twenty-one years disqualified by law, who are eighteen years of disqualified by law, who are at least eighteen
of age or over and are able to read and write, age or over and who shall have resided in the years of age, and who shall have resided in the
and who shall have resided in the Philippines Philippines for at least one year and in the Philippines for at least one year and in the
for one year and in the municipality wherein place wherein they propose to vote for at least place wherein they propose to vote, for at least
they propose to vote for at least six months six months preceding the election. No literacy, six months immediately preceding the election.
preceding the election. The National Assembly property or other substantive requirement shall No literacy, property, or other substantive
shall extend the right of suffrage to women, if in be imposed on the exercise of, suffrage. The requirement shall be imposed on the exercise
a plebiscite which shall be held for that Batasang Pambansa shall provide a system for of suffrage.
purpose within two years after the adoption of the purpose of securing the secrecy and
this Constitution, not less than three hundred sanctity of the vote. SECTION 2. The Congress shall provide a
thousand women possessing the necessary system for securing the secrecy and sanctity of
qualifications shall vote affirmatively on the the ballot as well as a system for absentee
question. voting by qualified Filipinos abroad.
TWENTY-ONE YEARS OF AGE OR OVER EIGHTEEN YEARS OF AGE OR OVER AT LEAST EIGHTEEN YEARS OF AGE OR OVER
AGE
(21 or over) (18 or over) (18 or over)
LITERACY ABLE TO READ AND WRITE No literacy, property or other substantive requirement shall be imposed on the exercise of, suffrage.
Property