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Chapter V - Rights To Suffrage

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CHAPTER V

RIGHTS TO SUFFRAGE

Objectives:
a) Describe the nature of elections in the Philippines;
b) identify the types of electoral systems; and
c) discuss the implications of the electoral systems on politics and
governance.

 ARTICLE V SECTION 1 of the 1987 Constitution of the


Philippines

Suffrage may be exercised by all citizens of the Philippines, not otherwise


disqualified by law, who are at least 18 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 6 months
immediately preceding the election. No
literacy, property or other substantive
requirement shall be imposed on the
exercise of suffrage.

On the other hand, suffrage is one of the


political rights enjoyed by the citizens of the country. This is because through the
exercise of suffrage, citizens can participate in the establishment and
administration of government. Thus, it includes election, plebiscite, referendum,
initiative and recall.

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 ARTICLE V SECTION 2 of the Philippine Constitution

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.
Scope of Suffrage

Election – means by which people choose 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.
Plebiscite – the vote of the people .expressing their choice for or
against a proposed law or enactment submitted to them
Referendum – the submission of a law by the national or local
legislative to the voting citizens of a country for their ratification.
Initiative – the process whereby the people directly propose and
enact laws
Recall – method by which a public officer may be removed from
office during his tenure or before the expiration of his term by a
vote of the people after registration of a petition signed by a
required percentage of voters.

The Commission on Elections (COMELEC) is the agency that enforces and


administers all laws and regulations relative to the conduct of elections in the
country.

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The functions of the COMELEC based on Section 2, Article IX-C of the 1987
Constitution are as follows:
Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.

Exercise exclusive original jurisdiction


over all contests relating to the elections, returns,
and qualifications of all elective regional, provincial,
and city officials, and appellate jurisdiction over all
contests involving elective municipal officials decided by trial
courts of general jurisdiction, or involving elective barangay officials
decided by trial courts of limited jurisdiction.

Decisions, final orders, or rulings of the Commission on election


contests involving elective municipal and barangay offices shall be
final, executory, and not appealable.

Decide, except those involving the right to vote, all questions


affecting elections, including determination of the number and
location of polling places, appointment of election officials and
inspectors, and registration of voters.

Deputize, with the concurrence of the President, law enforcement


agencies and instrumentalities of the Government, including the
Armed Forces of the Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful, and credible elections.

Register, after sufficient publication, political parties, organizations,


or coalitions which, in addition to other requirements, must present

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their platform or program of government; and accredit citizens' arms
of the Commission on Elections.

Religious denominations and sects shall not be registered. Those


which seek to achieve their goals through violence or unlawful
means, or refuse to uphold and adhere to this Constitution, or which
are supported by any foreign government shall likewise be refused
registration.

Financial contributions from foreign governments and their agencies


to political parties, organizations, coalitions, or candidates related to
elections, constitute interference in national affairs, and, when
accepted, shall be an additional ground for the cancellation of their
registration with the Commission, in addition to other penalties that
may be prescribed by law.

File, upon a verified complaint, or on its own initiative, petitions in


court for inclusion or exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of election laws, including
acts or omissions constituting election frauds, offenses, and
malpractices.

Recommend to the Congress effective measures to minimize


election spending, including limitation of places where propaganda
materials shall be posted, and to prevent and penalize all forms of
election frauds, offenses, malpractices, and nuisance candidacies.

Recommend to the President the removal of any officer or employee


it has deputized, or the imposition of any other disciplinary action, for
violation or disregard of, or disobedience to, its directive, order, or

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decision.

Submit to the President and the Congress, a comprehensive report


on the conduct of each election, plebiscite, initiative, referendum, or
recall.

Reference Constantino, Renato, “A Past


Revisited” Constantino, Renato,
“Continuing the Past” De Leon,
Hector, “The 1987 Philippine
Constitution”

Video Links Topics


https://www.youtube.com/watch?v=aayEAooF3Hs Article 5 of the Philippine
Constitution: Suffrage
https://www.youtube.com/watch?v=efO54ewIALo Issue Elections: Referendums
and Initiatives
https://www.youtube.com/watch?v=toZmcFzHDV8 Commission on Elections: Duties
and Functions

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