SUFFRAGE

Article V, 1987 Constitution

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 requirement shall be imposed on the exercise of suffrage.
 Article V, 1987 Constitution
Section 2. The Congress shall provide a system for securing the secrecy
and sanctity of the ballot as well as a system for absentee voting by
qualified Filipinos abroad.
The Congress shall also design a procedure for the disabled and the
illiterates to vote without the assistance of other persons. Until then,
they shall be allowed to vote under existing laws and such rules as the
Commission on Elections may promulgate to protect the secrecy of the
ballot.
 Article 21 of the Universal Declaration of Human Rights
(UDHR)

1. Everyone has the right to take part in the government of his country, directly
or through freely chosen representatives.

2. Everyone has the right of equal access to public service in his country.

3. The will of the people shall be the basis of the authority of government; this
will shall be expressed in periodic and genuine elections which shall be by
universal and equal suffrage and shall be held by secret vote or by equivalent free
voting procedures.
Qualifications:
Must be a Filipino Citizen
 Must be 18 years old and above during election day
Must be a resident of the city or municipality wherein he proposes to
vote for at least six months before election.
Those that not disqualified by law
Disqualifications
 Those who have been imprisoned for not less than one year
 Those who have committed acts of rebellion, violated the anti-
subversion law, or have committed any crimes against national
security or involving disloyalty to the government
 Those who are insane or incompetent
Residency Requirements
There are two residence requirements under the Constitution: one (1)
year in the Philippines and six (6) months in the place where the person
proposes to vote. (Macalintal v. Comelec).

The term residence refers to either the voter’s domicile or to his

temporary residence.
Residence
In its ordinary conception, residence connotes the actual relationship of
an individual to a specific place. To be a resident, physical presence of a
person in a given area, community or country is required.
Domicile
In turn domicile has been defined as an individual’s permanent home or
“the place to which, whenever absent for business or for pleasure, one
intends to return, and depends on facts and circumstances in the sense
that they disclose intent.”
Elements of Domicile
1) The fact of residing or physical presence in a fixed place;
2) Animus manendi, or the intention of returning there permanently.
The mere absence of an individual from his permanent residence
without the intention to abandon it does not result in a loss or change
of domicile.
Question?
What happens when the voter has two residences?
Can voter A who is studying and living in Manila for a period of one
year have his voter registration in Bulacan?
Answer
• A voter who is domiciled in a particular locality but has resided for six
months in another locality may register and vote in either locality, but
not in both. To be sure, a person fulfilling the first residence
requirement also fulfils the second so long as the voter registers in his
established domicile.

• Thus, unless there is an action from voter A to abandon his domicile

(registration in another town) his domicile remains the same.
Qualifications for Absentee Voting
As provided by Republic Act No. 9189 or the The Overseas Absentee
Voting Act of 2003

 Must be a Filipino citizens living abroad

 Must be 18 years old and above during election day
 Immigrants with affidavit of intent to resume residence in the
Philippines
 Permanent residents with affidavits of intent to live in the Philippines
Disqualifications for Absentee Voting
 Those who have lost their Filipino citizenship
 Those who have renounced their Philippine citizenship and had
pledged allegiance to another country
 Those found guilt of Disloyalty under Art. 137 oof the Revised Penal
Code (public officers who have committed or have failed to resist
rebellion)
 Immigrants or permanent residents who have failed to secure an
affidavit of intent to resume residence in the Philippines
WHY YOUR VOTE COUNTS?
Article II, 1987 Constitution, Section 1 provides:
“Sovereignty resides in the people and all government authority
emanates from them.”