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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
According to the 1987 Constitution, no literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.
It is election season again in the Philippines. With the Philippines’ current economic conditions and political rivalries causing division in our beloved country, it is our utmost duty to exercise our right of suffrage and to know the consequences of availing such right. Here are some of the requirements under the law before we can exercise our right to vote:
QUALIFICATIONS OF A VOTER
Sec. 1, Art. V of the 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 the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.
Other qualifications are citizenship, age, and residency.
To exercise the right to vote, one must be a Filipino citizen by birth or by naturalization.
Section 9 of Republic Act (RA) No. 8189 or The Voter’s Registration Act of 1996 provides that all citizens of the Philippines not otherwise disqualified by law who are at least eighteen (18) years of age, and who shall have resided in the Philippines for at least one (1) year, and in the place wherein they propose to vote, for at least six (6) months immediately preceding the election, may register as a voter.
Any person who temporarily resides in another city, municipality or country solely by reason of his occupation, profession, employment in private or public service, educational activities, work in the military or naval reservations within the Philippines, service in the Armed Forces of the Philippines, the National Police Forces, or confinement or detention in government institutions in accordance with law, shall not be deemed to have lost his original residence.
Any person, who, on the day of registration may not have reached the required age or period of residence but, who, on the day of the election shall possess such qualifications, may register as a voter.
DISQUALIFICATIONS OF A VOTER
According to Section 11 of RA No. 8189, the following shall be disqualified from registering:
- Any person who has been sentenced by final judgment to suffer imprisonment of not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence;
- Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the 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 automatically reacquire the right to vote upon expiration of five (5) years after service of sentence; and
- Insane or incompetent persons declared as such by competent authority unless subsequently declared by proper authority that such person is no longer insane or incompetent.
The Overseas Absentee Voting Act of 2003 provides the requirements for Filipinos abroad to vote in the Philippine elections.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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