Article V: SUFFRAGE

Suffrage. This is the right and privilege to vote in elections. The Supreme Court (2010) elucidated this
right in Asistio v. Echiverri (G.R. No. 191124)

The right to vote is the most precious political right, as well as a bounden duty of every citizen,
enabling and requiring him to participate in the process of government to ensure that it can truly
be said to derive its power solely from the consent of its constituents. Time and again, it has
been said that every Filipinos right to vote shall be respected, upheld, and given full effect. A
citizen cannot be disenfranchised for the flimsiest of reasons. Only on the most serious grounds,
and upon clear and convincing proof, may a citizen be deemed to have forfeited this precious
heritage of freedom.

When to Exercise Suffrage

This right may be exercised in any of the following electoral processes:

1. Election. It means by which the people choose the person to whom they entrust the powers of
government either local, or national and either regular or special.
a) Regular. This is based on the provision of the Constitution and statutes, usually upon the
end of the terms of the incumbents.
b) Special. This is based on the vacancy or necessity of the position or office so as not to
hamper the exercise of the governmental functions.
2. Plebiscite. A process by which the proposed amendment/s to or revision of the Constitution is
submitted to the people for ratification.
3. Referendum. The submission to the people of the law by the legislative body for approval or
disapproval, either for national or local laws.
4. Initiative. A process by which people directly propose and enact laws or propose amendment/s
to the Constitution. The initiative power may be expressed in these categories:
a) Constitutional. The petition for amendments or revisions of the Constitutional.
b) Statutory. The petition for propositions, enactments and amendments or revisions of
national laws.
c) Local Ordinances. To petition for propositions, enactments and amendments or
revisions of regional, provincial, city/ municipal and barangay laws and ordinances.
5. Recall. A method by which a public officer may be removed from elective officer during his
tenure or before finishing the terms by the registered votes and signed by qualified voters in the
petition.

The Process of Recall

The Local Government Code or R.A No. 7160 provides that the recall of any elective provincial, city,
municipal or barangay official shall be commenced by the petition of a registered voter in the local
government unit concerned and supported by the registered voters in the local government unit
concerned during election in which the local official sought to be recalled was elected.

Election in Recall. Upon the filing of a valid petition for recall with the appropriate local office of the
COMELEC, the COMELEC or its duly authorized representative shall set the date of the election or recall,
which shall not be later than thirty (30) days upon the completion of the procedure outlined in the
preceding article, in the case of the barangay, city or municipal officials, and forty-five (45) days in the
case of provincial officials. The officials sought be recalled shall automatically be considered as duly
registered candidate or candidates to the pertinent positions and like other candidates, shall be entitled
to be voted upon.

Functions of Congress in Suffrage. The following are the functions of the Congress in the exercise of this
right.

1. Provide a system for securing the secrecy and sanctity of the ballot
2. Provide a system for absentee voting by qualified Filipinos abroad
3. Design a procedure for the disabled and the illiterates to vote without the assistance of other
persons

Requisites of the Right to Vote. The Constitution provides the following requisites for the right to vote.

1. Must be citizen of the Philippines who is not disqualified to vote by law;

2. Must be at least 18 years of age;
3. Must have resided in the Philippines for at least one year;
4. Must have resided in the place he proposes to vote for at least six (6) months immediately
preceding the election.
5. Must have been registered voter in the place intended to vote.

Disqualifications. Unless civil rights are restored or pardoned by the law, the following persons are
disqualified by law to vote.

1. Insane or incompetent persons as declared by competent authority.

2. Sentenced by final judgement to suffer imprisonment in no less than one year
3. Adjudged by final judgement of the court having committed any crime involving rebellion,
sedition, or any crime involving against national security

Prohibition. No literacy, property or other substantive requirement shall be imposed on the exercise of
suffrage.

Citizenship and Absentee Voting. 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.

Requisites for a Domicile

1. Residence or physical presence in the new loyalty;

2. The intention to remain therein;
3. The intention to abandon the former domicile.

Residency and Domicile Explained. The Supreme Court in the foregoing case of a case of Asistio v.
Echiverri expounded the terms residency and domicile that:

Effect of Executive Pardon to Suffrage

The Supreme Court (2015) in Risos-Vidal and Lim v. COMELEC and Estrada (G.R. No. 206666)
emphasized the effect of executive clemency to the full restoration of civil and political rights, to wit: