Suffrage is the right and obligation to vote 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.

Nature of suffrage

A mere privilegeA political rightPlebisciteReferendumInitiativeRecall

1. A mere privilege. suffrage is not a natural right of the citizens but merely a

privilege to given or withheld by the lawmaking power subject to constitutional limitations. Suffrage should be granted to individuals only upon the fulfillment of certain minimum conditions deemed essential for the welfare of society.

2. A political right. in the sense of a right conferred by the constitution, suffrage

is classified as a political right, enabling every citizen to participate in the process of government to assure that it derives its powers from the consent of the governed (see Art. II sec.1) the principle is that of one man, one vote.(supra) entrust, for the time as their representatives, the exercise of powers of government;

Nature of suffrage

3. Plebiscite.-it is the name given to a vote of the people expressing their choice for or against a propose 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.(Art. XVII sec.2.) Plebiscite is likewise required by the constitution to secure the approval of the people directly affected before certain propose change affecting local government units may be implement (Art. X, Sec. 10, 11, 18.);

4. Referendum.-It is the submission of a law or part thereof passed by the nation or local legislative body to the voting citizens of a country for their ratification or rejection (art. VI, Sec. 32)

5. Initiative- It is the process whereby the people directly propose and enact laws. Congress is mandated by the Constitution to provide as early as possible foe a system of initiative and referendum. (Ibid.) Amendments to the constitution may likewise by directly propose by the people through initiative (Art. XVII, Sec.2.); and

6. Recall-it is tenure method by which a public officer may be removed from officer may be removed from office during his tenure of before the expiration of his term be a vote of the people after registration of a petition signed be a required percent-age of the qualified voters.(Art. X, sec.3.)

Qualifications of voters.He must be:1. A citizen (male of female) of the Philippines;2. Not otherwise disqualified by law;3. At least eighteen (18) years of age; and4. Have resided to voter for at least six (6)

months preceding the election.

Age qualification.

There must be some minimum age for voting. No one, no matter how ardent his belief in democracy, has ever contended that human being must be permitted to participate in the section of public officials from the day of their birth. The suffrage qualification is based on the assumption that under a certain age, human beings do not have the maturity, experience, education, and sense of judgment that will enable them to vote with any reasonable degree of intelligence.

No general agreement exists as to the exact age which the individual supposedly attains the maturity sufficient for political participation. While there minimum voting age in every State, no country, however, has as yet seen fit to set a minimum age limit.

Residence qualification.A voter must have been a permanent resident of the

Philippines for at list one (1) year preceding the election.

Six (6) months residence in a province, city or municipality is considered the minimum length of time within which a person can adequately familiarize himself with the needs and conditions and the personalities of locality. Giving him a right to vote before period, it is contended, will return in unpurposive and mechanical voting.

The requirement as to residence is desirable in order that registration list may be prepared and check in ample time to prevent fraud.

Persons disqualified to vote.

The responsibilities of determining who may be “disqualified by law” and, therefore, may be precluded for exercising the right suffrage, is left by the constitution to congress. As to who are disqualified to vote, the law enumerates them as follow:

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 grated amnesty. But such person shall automatically reacquire 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 duty constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with laws. Such person shall likewise automatically regain his right to vote upon expiration of five (5) years of sentence; and

3. Insane or incompetent persons as declares by competent authority. The above persons are not qualified to vote even if they have the necessary qualification.

Arguments justifying remove of literacy requirement.

The 1973 Constitution removed the requirement under the 1935 Constitution on ability to read and write such that then as now an illiterate person has the right to vote. The illiterate voter is not necessarily an ignorant voter.

The arguments for its removal have been summarized as follows:

 This requirement that a voter must know how to read and

write”

Property requirement prohibited1. Property ownership not a test of an individual’s capacity. the justification for the abolition of property qualification is the

assumption that ownership of property, per se, neither adds to nor detracts from a man’s capacity to function properly and fully as a social and political being . Today, the argument that only property holders have “a stake in the community” is considered obsolete. It is the human person, not property that is to be represented, and given primacy in the hierarchy of values.

2. Property requirement inconsistent with concept of republican government.

the imposition of property qualification on the voters would be Inconsistent with the very nature and essence of our republican system of government ordained in our Constitution, for said political system is premised upon the tenet that sovereignty resides in the people and all government authority emanates from them (Art. II, sec. 1.), and this in turn, implies necessary that the right to vote and to be voted shall not be dependent upon the wealth of the individual concerned.

3. Property requirement inconsistent with social justice principle.

social justice presupposes equal opportunity for all, rich and poor alike.(Art. XIII, Sec.1.). Accordingly, no person shall, by reason of poverty, be denied the chance to vote and to be elected to public office. In a case, the supreme court declared as unconstitutional a law requiring all candidates for public officers to post a surely bond equivalent to the one (1) year salary or emoluments of the position for which they are candidates which shall be forfeited if the candidates, except when declared winner, fail to obtain at least 10% of the votes cast for the office to which they have filed their certificates of candidacy. This law, according to the supreme court, in effect, impost a property qualification.

 Other substantive requirements prohibited.1. Education. as a general principle, the more education a

man has, the better and more valuable member of society he will be. Yet it is quite possible for people to become an important asset to government and the social body with little or no formal schooling. Formal education itself is no guarantee of good citizenship or of intelligent voting. Furthermore, the requirement of a high school or even an elementary education would disenfranchise large segments of poorer classes of our population.

2. Sex.the antagonism in the past of female suffrage

stemmed in some degree from the belief that a woman’s place was in the home and that the performance of public duties was the function of the male members of the family. In other cases, the opposition was based on political expediency rather than on principle. At the present time, unless one is willing to contend that women, simply by virtue of their womanhood, are incapable of free and intelligent social and political activity, there would seem to be no adequate or justifiable basis for depriving them of equal voting rights with men.

3. Taxpaying ability.this restriction is related to property

requirement for voting. Congress cannot by law deny to an individual the right to vote on the ground that he is exempted from taxation or is not liable to pay tax or the taxes paid by him or for which he is liable during the year are below a specified amount.

Compulsory suffrageThe 1973 Constitution made registering and

voting a mandatory obligation of every qualified citizen. Noteworthy is the fact that Section 1 uses the word “may” as in the 1935 Constitution in place of the word “shall” in the 1973 Constitution. In view of the permissive language of the Constitution, it is doubtful whether the failure to perform the obligation to register and vote can be criminally punished.

1. Arguments against compulsory suffrage.-those who are against any system of coercive voting say that it is not only undemocratic but that no useful purpose would be served by dragging the people to the polls against their will. They maintain that it is not the size but the quality for the vote cast that is important, and that individual forced to exercise suffrage might do real injury to the public good by voting blindly and unintelligently.

2. Arguments in favor of compulsory suffrage.-the proponents of compulsory suffrage , on the other hand, content that a requirement that would force an apathetic individual to the polls would make him aware of the responsibility that rests on him and would encourage him to be come acquainted with the issues and personalities involved in the election. Once interest is awakened by actual participation, the matter coercion , they feel, would become a secondary motive.

System for securing the secrecy and sanctity of the ballot.The right to vote has reference to a

constitutional guarantee of the utmost significance. It is a right without which principle of sovereignty residing in the people (Art. II Sec., 1.) Becomes nugatory. It is essential then to insure that the voters shall exercise their right freely , “uninfluenced by threats, intimidation or corrupt motive” and “to secure a fair and honest count of the ballots”. To accomplish this aim, Congress directed by the Constitution “to provide a system for securing secrecy and sanctity of the ballot.”

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. Congress will have to enact a law prescribing procedures that will enable the disable and the illiterates to secretly case their ballots without requiring the assistance of other person, to prevent them from being manipulated by unscrupulous politicians to insure their victory at the polls. Perhaps, a method of voting by symbols maybe devised to make it possible for disabled and alliterate citizens to exercise the right of suffrage.