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General Principles
Election the means by which the people choose their officials for a definite and
fixed period and to whom they entrust for the time being the exercise of the powers
of government.
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Suffrage - The right to vote in the election of officers chosen by the people and in
determination of questions submitted to the people.
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A voice given not only in the choice of a man for an office or trust, but also
in deciding a controverted question
includes election of officials in the House of Congress who are the called the
Senators and the Representatives. Local election is usually done every three (3)
years.
It is a national election, when we include the election of the President and the Vice
President. The election of the President and the Vice President is usually done every
six (6) years.
*alternative answer
Regular one provided by law for the election of officers either nation-wide or in
certain subdivisions thereof, after the expiration of the full term of the former
officers.
Note: The SK election is not a regular election because the latter is participated in
by youth with ages ranging from 15-21 (now 15-18 as per RA 9164), some of whom
are not qualified voters to elect local or national elective officials [Paras v. COMELEC
(1996)]
Special one held to fill a vacancy in office before the expiration of the full term for
which the incumbent was elected. Usually special elections are held to fill vacancies
created by death, resignation or removal from office.
B. System of Election Adopted in the Philippines
C. Theories on Suffrage (WJ Shepard)
Suffrage as an Attribute of Citizenship Only citizens of the city- state had the right
to exercise suffrage.
Suffrage as Vested Privilege Only the rich who owned property, especially the
landed gentry, had the vested right and privilege to vote for their public officials.
Suffrage as an Abstract or Natural Right It is an innate right that man exercises
when he becomes an adult regardless of qualifications or disqualifications.
The Ethical Theory - The exercise of suffrage under this theory makes man an asset
to his 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 government that prescribe certain qualifications of an
individual qualified to vote.
D. Philippine Theory on Suffrage
The right of suffrage is predicated upon the theory that the people who bear the
burden of government should share in the privilege of choosing the officials of that
Provisions to Memorize
Art. 2 Section 1 - The Philippines is a democratic and republican State. Sovereignty
resides in the people and all government authority emanates from them.
Art. V Sec. 1 - 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 the election. No
literacy, property, or other substantive requirement shall be imposed on the
exercise of suffrage.
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.
BP 881 Section 4 Obligation to register and vote. - It shall be the obligation of every
citizen qualified to vote to register and cast his vote.
Section 118. Disqualifications. - The following shall be disqualified from voting:
(a) Any person who has been sentenced by final judgment to suffer imprisonment
for not less than one year, such disability not having been removed by plenary
pardon or 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 judgment by competent court or
tribunal of having committed any crime involving disloyalty to the duly constituted
the data therein required and that the applicants specimen signatures, fingerprints,
and photographs are properly affixed in all copies of the voters application.
RA 9189. Sec. 6. Personal Overseas Absentee Registration. - Registration as an
overseas absentee voter shall be done in person.
Qualified citizens of the Philippines abroad who failed to register under Republic Act
No. 8189, otherwise known as the "The Voters Registration Act of 1996", may
personally apply for registration with the Election Registration Board of the city or
municipality where they were domiciled immediately prior to their departure from
the Philippines, or with the representative of the Commission at the Philippine
embassies, consulates and other foreign service establishments that have
jurisdiction over the locality where they temporarily reside. Subject to the specific
guidelines herein provided, the Commission is hereby authorized to prescribe
additional procedures for overseas absentee registration pursuant to the provisions
of Republic Act No. 8189, whenever applicable, taking into strict consideration the
time zones and the various periods and processes herein provided for the proper
implementation of this Act. The embassies, consulates and other foreign service
establishments shall transmit within (5) days from receipt the accomplished
registration forms to the Commission, after which the Commission shall coordinate
with the Election Officer of the city or municipality of the applicant's stated
residence for verification, hearing and annotation in the permanent list of voters.