Article V: Suffrage

Suffrage

Derived from the Latin word “suffragium,” meaning voting tablet, and figuratively “right to vote.” In that context, it is also called political franchise or simple the franchise.

In the Philippines, suffrage is referred to…

As the right and obligation to vote of qualified citizens in the election of certain national and local officers of the government and in the decision of public questions submitted to the people.

Electorate

The body of people who exercise this right is called the “____” and it is only from their mandate that their chosen representatives in government can exercise political authority.

Scope of Suffrage

1. Election

2. Plebiscite

3. Referendum

4. Initiative

5. Recall

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 the government.

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 any proposed amendment to, or revision, of the Constitution is submitted to the people for their ratification.

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 (Art. VI, Sec. 32). It is a device used by the people to prevent the implementation of an unwise or bad law.

Initiative

It is the process whereby the people directly propose and enact laws. Amendments to the Constitution may likewise be directly proposed by the people through ____.

Recall

It is a 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 the qualified voters.

Theories of Suffrage

1. Suffrage as an Attribute of Citizenship

2. Suffrage as a Vested Privilege

3. Suffrage as an Abstract or Natural Right

4. Ethical Theory

5. Suffrage as a Government Function

Suffrage as an Attribute of Citizenship

This theory was adopted by the ancient Greeks and emphasizes the idea that only citizens of the city-state had the right to exercise suffrage.

Suffrage as a Vested Privilege

According to this theory, only the rich who owned properties had the vested right and privilege to vote for their public officials. Thus, suffrage was premised on the economic status of the voter – which the voter who was a rich landowner had a greater stake to protect than those who did not own property.

Suffrage as an Abstract or Natural Right

Under this theory, suffrage is an inherent right endowed upon man by God. It is an innate right that man exercises when he becomes an adult regardless of his qualifications or disqualifications.

Ethical Theory

The exercise of suffrage under this theory makes an asset to this community for its main objective is to improve not only his personality, but also mold him in the matrix of responsible citizenship.

Suffrage as a Government Function

This theory presupposes that suffrage is a function of government. It is the government that prescribes certain qualifications of an individual qualified to vote. Sometimes, the theory is otherwise called as “legal theory” because the prescriptions are provided by the Constitution and the law.

Individualistic Theory

This theory emphasizes suffrage as a right conferred upon an individual for his own good. It springs from personal integrity and dignity. It considers that the right to vote is a part of natural law and therefore inherent in the individual.

Collectivist Theory

According to this view, suffrage is not a right but a function of the government which is performed for the interest of the state or the whole community.

Dualistic Theory

This theory commingles the individualistic and collectivist theories of suffrage. Modern democracies subscribe to the view that the voters exercise the franchise as a legal right not only for their own good but also for the common welfare.

Statutory right; constitutional right.

The concept of suffrage developed in two parallel and complementary lines in the Philippine law. Along one line, suffrage started as a ____, evolved into a ____, and, in the 1973 Constitution, took the form of an obligation. The obligation has been removed by the 1987 Constitution.

Ilustrado

Along another line, it started as a right belonging only to the male ____, then it was given to the literate woman, and finally became a right even of the unlettered eighteen year old.

Qualifications

1. Citizen of the Philippines

2. Not otherwise disqualified by law

3. At least eighteen (18) years of age; and

4. Have resided in the Philippines for at least one (1) year and in the place wherein he/she proposes to vote for at least six (6) months preceding the election.

Persons Disqualified to Vote

1. Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or granted amnesty. But such person shall automatically re-acquire the right to vote upon expiration of five (5) years after service of sentence.

2. Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government.

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