Article V

Section 1.

Meaning of Suffrage
Suffrage is the right and obligation to vote of qualified citizens in the election of certain
national and local affair of the government and in the decision of public questions submitted by
the people.

Nature of Suffrage
a. Merely a privilege given to the citizen by the law making power subject to constitutional
limitations.
b. A right to confined by the constitution (political right) enabling every citizen to participate in
the process of government to assure that is derives its powers from the consent of the
governed.

Theory of Popular Sovereignty

“The government derives its power from the consent of the governed.” The people are
the source of the ultimate power of the government.
Features of the Thoery
a: One Man, One Vote. Every qualified voter or electorate is entitled to cast one vote in an
election.
b: Popularity Vote. The winning candidate in an election is the candidate who gamers/get the
highest number of votes cast.
Scope of Suffrage
Under the constitution, suffrage includes:
i: Election- Strictly speaking. It is the means by which the 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.
ii: Plebiscite- it is the name given to a vote of the people expressing their choice for or against a
proposed law or enactment submitted to them. In the Philippines, the term is applied to an
election at which an amendment to, or revision of, the constitution is submitted to the people
for their ratification.

iii: Referendum- it is the submission of a law or part thereof passed by the national or
local legislative body to the voting citizens of a country for their ratification or rejection.

iv: Initiative- It is the process whereby the people directly propose and enact laws. Congress a
mandated by the constitution to provide as early as possible for a system of initiative and referendum.
Amendments to the constitution may likewise be directly proposed by the people through initiative: and

v: Recall- It is a method by which a local public officer may be removed from the 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 the qualified voters.

Qualifications of voters

He must be:

i: A citizen (male or female) of the Philippines

ii: Not otherwise disqualified by law

iii: At least eighteen (18) years of age

iv: have resided in the Philippines for at least one (1) year and in the place wherein he proposes to vote
for at at least six (6) months preceding the election

Persons Disqualified to Vote

a: any person wo has been sentenced by final judgement to suffer imprisonment for not less than one
(1) year, such disability not having been removed by plenary pardon or granted amnesty.

b: Any person who has been judge by final judgement by competent court or tribunal of having
committed any crime involving disloyalty to the duly constituted government such as rebellion,
sedition, violation, of the anti-subversion and firearm laws, or any crime against national security, unless
restored to his full civil and political rights in accordance with law.

c: Insane or incompetent persons as declared by competent authority.

 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.

System for securing the secrecy and sanctity of the ballot

i: untrammeled exercise of the right to vote- The right to vote has reference to a constitutional
guarantee of the outmost significance. It is a right without which the principle of sovereignty residing in
the people becomes nugatory. It is essential then to insure that the voters shall exercise their right
freely, uninfluenced by threats, intimidation or corrupt motives” and “to secure a fair and honest count
of the ballots”. To accomplish this aim, congress is directed by the constitution “ to provide a system for
securing the secrecy and sanctity of the ballot”.

ii: Voting by the disabled and illiterates- with the enfranchisement of the illiterates and the existence of
many disabled voters, this responsibility of the legislative body assumes more importance. The sanctity
of the electoral process requires secrecy of the vote.

System for Absentee Voting by Qualified Filipinos Abroad

Sections 2 extends the right of suffrage even to Filipinos abroad provided they possess all the
qualifications mention therein and none of the disqualification provided by law.

Filipinos who by force or circumstances (e.g., the need to earn a living) have to temporarily work
and reside abroad but maintain their love and loyalty to their native land are still part of our Republic
they are also affected by the quality of public officials and the politics of the government. They remain
liable to pay taxes, and are subject to many of its laws, hence, they should also be given the
constitutional right to vote.

Congress I mandated to provide a system of absentee voting by qualified Filipinos abroad. It is

bound to set aside funds and other requirements for the purposes and to provide safeguards to ensure
that elections overseas are held in a free, clear, and orderly manner.