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SYLLABUS
I. General Principles
a. Suffrage
b. Qualifications and disqualifications of a voter
c. Petition for Inclusion/Petition for Exclusion

GENERAL PRINCIPLES
Sources of Election Law
 1987 Constitution  RA 8189 (Voter’s Registration Act of 1996)
 BP 881 (Omnibus Election Law, 1985)  RA 8295 (Proclamation of Lone Candidate in
 RA 6646 (Electoral Reforms Law of 1987) Special Elections, 1997)
 RA 6735 (Law Providing for Initiative and  RA 8436 (Automated Election System, 1997)
Referendum)  RA 9006 (Fair Election act of 2001)
 RA 7160 (Local Government Code)  RA 9189 (The Overseas Absentee Voting Act of
 RA 7166 (1991 Synchronized Elections Law) 2003)
 RA 7941 (Party-List System Act, 1995)  The COMELEC Rules of Procedure

SUFFRAGE
Constitutional Basis of Suffrage
Article 5, Section 1 of 1987 Constitution
- Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified by law, who are
at least eighteen 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 six months immediately preceding election.
- No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.

Suffrage
- It is the right to vote in the election of officers chosen by the people and in
the determination of questions submitted to the people. G.R. No. 111230
- It is the right and the obligation of qualified citizens to vote in (1) the G.R. No. 154198
election of certain national and local officers of the government and in (2)
the decision of public questions submitted to the people. G.R. No. L-33541
Suffrage is both a privilege
and an obligation.
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Nature of Suffrage
1. Not a natural right but merely a privilege given or withheld by the lawmaking power subject to the
constitutional limitations
2. Not absolute
3. As a right conferred by the constitution, it is classified as a political right as well as bounden duty of
every citizen
4. Based upon the theory that the people who bear the burden of the government should share in the
privilege of choosing the officials of the government
5. As a duty it is in the nature of public trust

Theory on Suffrage
1. Natural Right Theory: Suffrage is a natural and inherent right of every citizen who is not disqualified
by reason of his own reprehensible conduct or unfitness.
2. Social Expediency: Suffrage is a public office or function conferred upon the citizen for reasons of
social expediency; conferred upon those who are fit and capable of discharging it.
3. Tribal Theory: It is a necessary attribute of membership in the State.
4. Feudal Theory: It is an adjunct of a particular status, generally tenurial in character.
5. Ethical Theory: It is a necessary and essential means for the development of society.

Scope of Suffrage
1. Election – 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.

Components of an Election:
a. Selecting candidates to public office d. Listing of votes;
by popular vote; e. Casting and receiving the ballots
b. Holding of electoral campaign; from the voters;
c. Conducting of the polls; f. Counting the ballots;

Kind of Election
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a. Regular – one provided by law for the election of officers either nationwide or in certain
subdivisions thereof, after the expiration of the dull term of the former officers.
b. Special – one held to fill a vacancy before the expiration of the term for which the incumbent
was elected.

2. Plebiscite – the electoral process by

The vote of people expressing their choice for or
which an initiative on the Constitution is
against a proposed law or enactment submitted to
approved or rejected by the people. (Sec.
them.
3, RA 6735)
3. Initiative – the power of the people to propose amendments to the Constitution or to propose and
enact legislation through an election
called for the purpose. The process whereby people directly propose and enact
laws
Three System of Initiative
a. Initiative on the Constitution – refers to a petition proposing amendments to the Constitution.
b. Initiative on Statutes – refers to a petition proposing to enact a national legislation.
c. Initiative on Local Legislation – refers to a petition proposing to enact a regional, provincial,
city, municipal, or barangay law, resolution or ordinance.

4. Referendum – the power of the

The submission of a law by the national or local
electorate to approve or reject a
legislative to the voting citizens of a country for their
legislation through an election called
ratification.
for the purpose.

Two Classes of Referendum

a. Referendum on Statutes – refer to a petition to approve or reject an act or law, or part thereof,
passed by Congress.
b. Referendum on Local Law – refers to a petition to approve or reject a law, resolution or ordinance
enacted by regional assemblies and local legislative bodies.

The method by which a public officer may be removed

from office during his tenure or before the expiration of
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5. Recall – the termination of official relationship of a local elective official for loss of confidence prior to
the expiration of his term through the will of the electorate.

Power of Congress to Regulate Suffrage

- Congress can regulate the right to suffrage since it is not a natural right but a political right. It is within
the power of the State to prescribe the manner in which the right shall be exercised.
- Subject to constitutional restrictions, congress has the power to:
o Define qualifications of voters
o Regulate elections
o Prescribe form of official ballot
o Provide for the manner in which candidates shall be chosen and the names that shall be
printed upon the ballot
o Regulate the manner and conduct of elections
o Exercise of police power

Constitutional Provision on Suffrage

Article V, Section 1 (Qualification of Voters)
1. Must not be disqualified by any law
2. At least 18 years of age on the date of the election
3. Must be a Filipino citizen
4. Resided:
a. In the Philippines for at least one year
b. In the place wherein they propose to vote for at least 6 months immediately preceding the
election

Article V, Section 2 – Congress shall provide a:

1. System for securing the secrecy and sanctity of the ballots
2. System for absentee voting for qualifies Filipinos
3. Procedure for the disabled and illiterate to vote without the assistance of other persons
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Substantive Requirements for the Exercise of the Right of Suffrage
1. Literacy – was removed by the 1973 Constitution
2. Property – under the 1987 constitution, Congress cannot impose property requirement
a. Property ownership not a test of an individual capacity
b. Property requirement inconsistent with concept of republican government
c. Property requirement inconsistent with social justice
3. Other Substantive Requirement – Congress is prohibited by the Constitution to impose additional
substantive requirements for voting like education, sex and taxpaying ability.

RA 9225 (Citizenship Retention and Reacquisition Act of 2003/Dual Citizenship Law)

- This declares that the former natural-born Filipino citizens who acquired foreign citizenship through
naturalization are deemed not to have lost their Philippine citizenship under the conditions provided in
the Act. Former Filipinos may reacquire and retain their Philippine citizenship by taking the oath of
allegiance to the Republic of the Philippines.
How can reacquire citizenship under this Act?
- As Section 3 of the Act provides, any provision of law to the contrary notwithstanding, natural-born
citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have
re-acquired Philippine citizenship upon taking the oath of allegiance to the Republic of the Philippines.
- Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign
country shall retain their Philippine citizenship upon taking the aforesaid oath.
Can children of those who reacquired Filipino citizenship also become Filipino citizens under this Act?
- According to Section 4 of this Act, the unmarried child, whether legitimate, illegitimate or adopted,
below 18 years of age who reacquire Philippine citizenship upon effectivity of this Act shall be deemed
citizens of the Philippines.
What are the effects of this Act on civil and political rights?
- According to Section 5, those who retain or reacquire Philippine citizenship under this Act shall enjoy
full civil and political rights a be subject to all attendant liabilities and responsibilities under existing
laws of the Philippines under the following conditions:
1. Those intending to exercise their right of suffrage must meet the
requirements
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2. Those seeking elective public office in the Philippines shall meet the
qualification for holding such public office and required by the
Constitution and existing laws, and at the time of filing of the certificate
of candidacy, make a personal and sworn renunciation of any and all
foreign citizenship before any public office authorized to administer an
oath.
3. Those appointed to any public office shall subscribe and swear to an oath
of allegiance to the Republic of the Philippines and its duty constituted
authorities prior to their assumption of office; provided, that they
renounce their oath of allegiance to the country where they took that
oath.
4. Those intending to practice their profession in the Philippines shall apply
with the proper authority for a license or permit to engage in such
practice; and
5. That right to vote or be elected or appointed to any public office in the
Philippines cannot be exercised by, or extended to those who:
a. Are candidates for or are occupying any public office in the
country of which they are naturalized citizen; and/or
b. They are in active service as commissioned or non-
commissioned officers in the armed forces of the country
which they are naturalized citizens

Summary of RA 8189 (The Overseas Absentee Voting Act of 2003)

- This law ensures equal opportunity to all qualified citizens of the Philippines abroad in the exercise of
their right to participate in the election of President, Vice-President, Senators, and Party-list
Representatives.
Absentee voting
- Refers to the process by which qualified citizens of the Philippines abroad exercises their right to vote
Who are covered?
- All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least 18 years of age
on the day of the elections.
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Who are disqualified?
- Those who have lost their Filipino citizenship in accordance with Philippine laws.
- Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a
foreign country.
- Those who have committed and are convicted in a final judgement
Article 137 of RPC: Conspiracy by a court or tribunal of an offense punishable by imprisonment of
and proposal to commit coup not less than 1 year, including those who have been found guilty of
d’etat, rebellion, or Disloyalty as defined under Art. 137 of the RPC, such disability not
insurrection. having been removed by plenary pardon or amnesty; provided, that
the person disqualified according to this shall automatically reacquire the right to vote upon the
expiration of 5 years after service of sentence; provided, further, that COMELEC may take cognizance of
final judgements issued by foreign courts of tribunals only on the basis of reciprocity and subject to the
formalities and processes prescribed by the Rules of Court in execution of judgements.
- An immigrant or a permanent resident who is recognized as such in the host country , unless he/she
executes, upon registration, an affidavit prepared for the purpose by COMELEC declaring that he/she
shall resume actual physical permanent residence in the Philippines not later than 3 years from
approval of his/her registration under this Act. Such affidavit shall also state that he/she has not applied
for citizenship in another country. Failute to return shall be cause for the removal of the name of the
immigrant or permanent resident from the National Registry of the Absentee Voters and his/her
permanent disqualification to vote in absentia.
- Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority
in the Philippines or abroad, as verified by the Philippines embassies, consulates or foreign service
establishments concerned, unless such competent authority subsequently certifies that such person ins
no longer insane or incompetent

How may a Filipino citizen become a registered overseas absentee voter?

o Filipino citizens abroad or Filipino citizens in the Philippines who will be abroad on Election
Day may become registered overseas absentee voters by filing an application for registration
or certification as overseas absentee voters.
Is a registered overseas absentee voter automatically entitled to vote?
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- No, a registered overseas absentee voter must have an approved application to vote in absentia to be
entitled to vote

QUALIFITCATION AND REGISTRATION OF VOTERS

Qualification of a Voter
1. A Filipino citizen, not disqualified by law;
2. 18 years of age or older;
3. Have resided in the Philippines for 1 year and in the city or municipality where he proposes to vote for
at least 6 months immediately preceding the election.

Not Lost of Original Residence

- Any person who transfers residence to another city, municipality or country solely by reason of his
occupation; profession; employment in private or public service; educational activities; work in military
or naval reservations; service in the army navy or air force; the constabulary or national police force; or
confinement or detention in government institution in accordance with law, shall be deemed not to
have lost his original residence.
Disqualification for Voting
a) Any person who has been sentenced by final judgement to suffer imprisonment for not less than one
year, such disability not having been removed by plenary pardon granted amnesty; provided, however,
that any person disqualified to vote under this paragraph shall automatically reacquire the right to vote
upon expiration of five years after service of sentence.
b) Any person who has been adjudged 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 anti-subversion and firearms laws, or any crime against national security, unless
restored to his full civil and political rights in accordance with law; provided, that he shall regain his
right to vote automatically upon expiration of five years after service of sentence.
c) Insane or incompetent persons as declared by competent authority.

INCLUSION AND EXCLUSION OF VOTERS

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Common Rules Governing Judicial Proceedings in the Matter of Inclusion, Exclusion, and Correction of
Names of Voters:
a) Petition for inclusion, exclusion, or correction of names of voters shall be filed during office hours.
b) Notice of the place, date and time of the hearing of the petition shall be served upon the members of
the Board and the challenged voter upon the filing of the petition. Service of such notice may be made
by;
a. sending a copy thereof by personal delivery
b. by leaving it in the possession of a person of sufficient discretion in the residence of the
challenged voter
c. by registered mail.
Should the foregoing procedures not be practicable, the notice shall be posted in the bulleting board of
the city or municipal hall and in two (2) other conspicuous places within the city or municipality.
c) A petition shall refer only to one (1) precinct and implead the Board as respondents.
d) No costs shall be assessed against any party in these proceedings. However, if the court should find
that the application has been filed solely to harass the adverse party and cause him to incur expenses,
it shall order culpable party to pay the costs and incidental expenses.
e) Any voter, candidate, or political party who may be affected by the proceedings may intervene and
present his evidence.
f) The decision shall be based on the evidence presented and in no case rendered upon a stipulation of
facts. If the question is whether or not the voted is real or fictitious, his non-appearance on the day set
for hearing shall be prima facie evidence that the challenged voter is fictitious.
g) The petition shall be heard and decided within ten (10) days from the date of its filing. Cases appealed
to the Regional Trial Court (RTC) shall be decided within ten (10 days) from receipt of the appeal. In all
cases, the court shall decide these petitions not later than fifteen (15) days before the election and the
decision become final and executory.

Jurisdiction in Inclusion and Exclusion Case

- The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over all cases
of inclusion and exclusion of voters in their respective cities or municipalities.
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- Decisions of the municipal or metropolitan trial courts may be appealed by the aggrieved party to the
RTC within five (5) days from receipt of notice thereof. Otherwise, said decision shall become final and
executory.
- The regional trial court shall decide the appeal within ten (10) days from the time it is received and the
decision shall immediately become final and executory.
- No motion for reconsideration shall be entertained.

Petition for Inclusion of Voters in the List

- Any person whose application for registration has been disapproved by the board or whose name has
been stricken out from the list may file with the court a petition to include his name in the permanent
list of voters in his precinct at any time except one hundred five (105) days prior to a regular election or
seventy-five (75) days to a special election. It shall be supported by a certificate of disapproval of his
application and proof of service of notice of his petition upon the Board. The petition shall be decided
within fifteen (15) days after its filing.
- If the decision is for the inclusion of voters in the permanent list of voters, the Board shall place the
application for registration previously disapproved in the corresponding book of voters and indicate in
the corresponding book of voters and indicate in the application for registration the date of the order of
inclusion and the court which issued the same.

Petition for Exclusion of Voters from the List

- Any registered voters, representative of a political party or the Election Officer, may file with the court a
sworn petition for the exclusion of a voter from the permanent list of voters giving the name, address
and the precinct list of voters giving the name, address and the precinct of the challenged voter at any
time except one hundred (100) days prior to a regular election or sixty-five (65) days before a special
election. The petition shall be accompanied by proof of notice to the Board and to the challenged voter
and shall be decided within ten (10) days from its filing.
- If the decision is for the exclusion of the voter from the list, the Board shall, upon receipt of the final
decision, remove the voter’s registration record from the corresponding book of voters, enter the order
of exclusion therein, and thereafter place the record in the inactive file.

Voter Exclusion through Inadvertence or Registered with an Erroneous or Misspelled Name

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- Any registered voter whose registration record has not been included in the precinct book of voters, or
whose name has been omitted in the list of voters or who has been included therein with a wrong or
misspelled name may file with the Board an application for inclusion of his record, or reinstatement or
correction of his name as the case may be.
- If it is denied or not acted upon, the voter may file any date with the proper Municipal or Metropolitan
Trial Court a petition for an order directing that the voter’s name be entered or corrected in the list.
- The voters shall attach to the petition a certified true copy of his registration record or identification
card or the entry of his name in the list of voters used in the preceding election, together with proof
that his application was denied or not acted upon by the Board and that he has served notice thereof to
the Board.