VOTER’S RIGHT IN THE PHILIPPINES

By: Nicolas and De Vega law Office

Suffrage has been defined as the right to vote in political elections. However, it has a
deeper meaning than merely exercising the right to vote. Suffrage includes the right to
shape the future. After all, in voting, we determine our leaders who will either steer us
to the shore of development or to the deep waters of poverty.

Article V, Section 1 of the Philippine Constitution enumerates the requirements in order

to exercise the right of suffrage. The qualifications are simple:

1. One must be a citizen of the Philippines

2. One must be at least eighteen (18) years of age (except for Sangguniang kabataan
elections)
3. One must have resided in the Philippines for at least one (1) year immediately
preceding the election
4. One must have resided in the place where he/she proposes to vote for at least six
(6) months immediately preceding the election
5. One must not be disqualified by law
The Constitution further mandates that no literacy, property or other substantive
requirement shall be imposed on the right to suffrage. Consequently, those who cannot
read and/or write can vote. They will be assisted by a relative within the fourth degree
of consanguinity or affinity, or a trusted person who belongs to the same household or
any member of the Board of Election Inspectors.
As to disqualifications, the following are disqualified from registering as voters:
1. A person sentenced by final judgment to suffer imprisonment of not less than 1 year.
However, any person disqualified under this rule shall automatically reacquire the right
to vote upon expiration of five (5) years after service of sentence.
2. A person adjudged by final judgment of having committed a crime involving disloyalty
to the government such as rebellion, sedition, violation of firearms law or crime against
national security. However, any person disqualified under this rule shall automatically
reacquire the right to vote upon expiration of 5 years after service of sentence.
3. Insane or incompetent persons declared as such by competent authority UNLESS
subsequently declared by proper authority no longer insane.
Under Republic Act No. 9189, otherwise known as the Overseas Absentee Voting Act of
2003, all citizens of the Philippines abroad, who are not otherwise disqualified by law,
at least eighteen (18) years of age on the day of election, may vote for president, vice-
president, senators and party-list representatives. Furthermore, in the case of Nicolas-
Lewis v. COMELEC (G.R. No. 162759, 04 August 2006) the Supreme Court ruled that
considering the unison intent of the Constitution and Republic Act No. 9189 and the
expansion of the scope of that law with the passage of Republic Act No. 9225, dual
citizens or Filipinos who have reacquired their Filipino citizenship under Republic Act
No. 9225, may now exercise the right of suffrage thru the absentee voting scheme and
as overseas absentee voters. It must be noted that if the dual citizens reside in the
Philippines and have complied with the residency requirements spelled above, they may
register and vote as ordinary voters.

Republic Act No. 8189, otherwise known as the Voter’s Registration Act of 1996,
provides for a system of a permanent list of voters as well as continuing registration of
voters. The law mandates a continuing registration of voters. However, such registration
cannot be conducted during the period starting 120 days before a regular election and
90 days before a special election. In Anakbayan Youth vs. COMELEC (GR No. 147066,
26 March 2001) the Supreme Court upheld the action of the COMELEC in denying
petitioner’s request for two (2) additional registration days in order to enfranchise
around 4 million youth who failed to register on the slated deadline.

Republic Act No. 10367 is the law which mandated the taking of biometrics of voters.
When such requirement was questioned, the Supreme Court in Kabataan Party List vs.
Comelec (G.R. No. 221318, 18 December 2015) upheld the validity of requiring
biometrics. It added that registration is a form of regulation and not a qualification for
the right of suffrage. Although one is a qualified voter, he must comply with the
registration procedure to vote. Thus, it is only a procedural limitation on the right to
vote.
If a voter, who is disqualified or does not possess the qualifications, is duly registered,
one can file a petition for his exclusion as a voter. On the other hand, a person whose
name was stricken from the Book of Voters may file a petition for his inclusion as a
voter.
The Municipal Trial Court shall have original and exclusive jurisdiction over all cases of
inclusion and exclusion of voters in their respective territorial jurisdiction. Decisions of
Municipal Trial Court may be appealed by aggrieved party to Regional Trial Court within
5 days from receipt of notice thereof. Otherwise, such will become final and executory.
Regional Trial Court shall decide the appeal within 10 days from the time it is received.
Any registered voter, representative of a political party or Election Officer, may file with
the Municipal Trial Court a sworn petition for the exclusion of voter from the permanent
list of voters giving the name, address and precinct of the challenge voter at any time
EXCEPT 100 days prior to a regular election or 65 days before a special election.
International Support of The Right To Vote

Free and fair elections play a critical role in ensuring voting rights. International and
regional governmental groups, along with non-governmental organizations, work
around the world to observe and monitor human rights related to elections processes.
Several international and regional documents have outlined international standards
for elections.

United Nations – The Committee on Human Rights, a UN appointed body of human

rights experts, outlined international elections standards in 1996 in a General
Comment on ICCPR Article 25. According to the committee, Article 25’s mandates
should be considered in light of the following:
Protecting the right of every citizen to take part in the conduct of public affairs, the right
to vote and to be elected.
The right of peoples to self-determination.
Protecting the rights of every citizen.
Any restrictions on voting should be based on objective and reasonable criteria
The constitution and other laws should establish the allocation of powers and the means
by which individual citizens exercise the right to participate in the conduct of public
affairs.
Political participation is supported by ensuring freedom of expression, assembly and
association.
The right to vote in elections and referenda must be established by law.
Positive measures should be taken by the government to overcome specific difficulties,
such as illiteracy, language barriers, poverty, or impediments to freedom of movement
that prevent persons entitled to vote from exercising their rights effectively.
Persons entitled to vote have a free choice of candidates.
Conditions relating to nomination dates, fees or deposits should be reasonable and not
discriminatory.
Elections must be conducted fairly and freely on a periodic basis within a framework of
laws guaranteeing the effective exercise of voting rights.

The United Nations conducts election monitoring activities around the world, primarily
in fragile democracies of in post-war and nation-building contexts. For example, the UN
and OSCE were heavily involved in election monitoring in Bosnia and Herzegovina,
where they provided training for election monitors and provided police support on
election day. UN monitoring activities depend on the needs evident in the particular
national context, but can include all of the following:
the pre-election preparations and campaign period
the electoral administration
the registration
voter education and information
the media
the vote
the count
the results and follow-up.

Organization of American States – The OAS, including its Unit for the Promotion of
Democracy (UPD), promotes political participation, voting, and democracy in the
Americas. The OAS carries out its election monitoring through Election Observation
Missions (EOMs). EOMs often are invited in by national governments because the UPD
has acquired unique experience and prestige in election monitoring.

The OAS also provides technical assistance to member states trying to resolve problems
related to the organization and administration of electoral processes. In this realm, their
goal is to assist member states to make national electoral entities more effective,
legitimate, respected, and stable. The OAS gives information to interested parties related
to governance and democracy, via their website, newsletters, conferences, seminars,
and workshops.
Organization for Security and Co-operation in Europe – The OSCE includes fifty-five
member states from Europe, Central Asia and North America and has an election
monitoring unit called the Office for Democratic Institutions and Human Rights
(ODIHR). The ODIHR deploys election monitoring missions to participating member
states. To do this the ODIHR field teams of experts to monitor the electoral process from
beginning to end – in the year 2000, ODHIR monitored 15 elections in participating
countries. After completing its monitoring, ODIHR presents a report on its observations
and will provide technical assistance to help implement any recommendations
contained in its report.

European Union – In recent years, European Union electoral missions have grown in
frequency whether under the auspices of the Common Foreign and Security Policy or
within its development cooperation programs. Often, the EU has worked in cooperation
with the OSCE or the UN. In the last three years, missions were sent to 15 countries all
over the world, ranging from Zimbabwe to Peru to Cambodia.

End Note; from Philipppine Star Newspaper

An estimated 40 percent of Filipino voters, notably those in urban areas, are either
"ignorant" or unaware of their rights to vote, a church-based organization on elections
said yesterday.

Antonio Ventosa, national chairman of the Parish Pastoral Council for Responsible
Voting (PPCRV), said the "ignorance" or lack of awareness in voting rights are due to
three factors, namely the politicians, a "defective" electoral process, and voter himself.

In an interview, Ventosa admitted however that one of the biggest factors why voters
have a tendency not to elect the "right" candidates is due to their poor economic
condition.

The PPCRV is currently studying the electoral process in the country.

A lot of politicians bribe voters to elect them, and the pressure to receive money in turn
influences their voting decision, he said.

Ventosa said the rampant cheating every election season manifests an aspect of the
"defective" electoral process.

On the other hand, the voter himself is to be blamed, he said. Because of poverty and
ignorance, the voter himself decide or pretend not to be able to decide unless given bribe,
Ventosa said.

These problems have prompted the PPCRV, an independent church-based lay

organization, to launch three educational campaign projects to address defects in the
electoral process.