Review Pointers in Political Science For Final Exams AC Cayetano Article IV Suffrage

1. 2.

Suffrage right to vote in the election of officers chosen by the people and in the determination of questions submitted to the people. Scope of Suffrage.

2.1.

Election. It is 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. Plebiscite. It is an election at which any proposed amendments to, or revision of the Constitution is submitted to the people for ratification. Initiative. It is the initiative mode of the people proposing and initiating constitutional amendment or initiating recall movement of certain public officials. Referendum. It is the submission of a proposed law or issues to the voting citizens of the country for their ratification or rejection.

2.2. 2.3. 2.4. 3.

Theories of Suffrage.

3.1. 3.2.

Natural Right Theory. Suffrage is the natural and inherent right of every citizen who is not disqualified by reason of his own reprehensible conduct of unfitness. Social Expediency Theory. 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. Primitive/Tribal Theory. A theory dominant in the city and states of antiquity and necessary as an attribute of its membership in the state. Feudal Theory. Suffrage has been regarded as an adjunct of a particular state, generally tenurial in character. Ethical Theory. Suffrage has been regarded as a necessary and an essential means for the development of industrial society.

3.3. 3.4. 3.5. 4.

Voters Qualifications. 4.1. 4.2. 4.3. 4.4. 4.5. Filipino citizens. At least 18 years of age on the day of the election. A resident of the Philippines for at least one year A resident in the place where he proposes to vote for at least six months. He has none of the disqualifications.

5.

Prohibition in the Exercise of the Right to Suffrage. 5.1. 5.2. No literacy, property or other substantive requirement shall be imposed on the exercise of suffrage. Transfer of residence by reason of ones occupation, profession or employment shall not be deemed to have lost his original residence. (Sec. 117, B.P. 881).

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6.

Voters Disqualifications (Sec. 118, B.P. 881). 6.1. Any person sentenced by final judgment to suffer imprisonment for not less than one year. Exceptions: 1) The grant of plenary pardon or amnesty restores the right to suffrage. 2) Re-acquisition of the right to suffrage upon the expiration of five years after service of sentence. 6.2. Any person sentenced by final judgment of having committed any crime involving: 1) Disloyalty to the Government, or 2) National Security. Exceptions: 1) The grant of plenary pardon or amnesty restores the right to suffrage. 2) Re-acquisition of the right to suffrage upon the expiration of five years after service of sentence. 6.3. Insane or incompetent persons as declared by competent authority.

7.

Secrecy of the Ballot. The voice of the people has been expressed through the votes they cast in an election. Their voice is the voice of God under the time-honored principle of vox populi vox dei, or the voice of the people is the voice of God. Absentee Voting.

8.

8.1. 8.2.

Absentee Voting the process by which qualified citizens abroad exercise their right to vote. Oversees Absentee Voters refer to those citizens who are qualified to register and vote under the Oversees Absentee Voting Act of 2003, not otherwise disqualified by law, who are abroad on the day of the election. Certified List of Absentee Voters refers to the list of oversees absentee voters whose applications to vote in absentia have been approved by the COMELEC on a country by country basis. Disqualifications for Absentee Voting. 1) Lost of Philippine citizenship in accordance with Philippine laws. 2) Express renunciation of Philippine citizenship and a pledge of allegiance to a foreign country. 3) Commission and Conviction by final judgment of an offense punishable by imprisonment of not less than one year, or of Disloyalty. Exceptions:

8.3.

8.4.

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The grant of plenary pardon or amnesty restores the right to suffrage. Re-acquisition of the right to suffrage upon the expiration of five years after service of sentence.

4) Insanity as declared and taken cognizance by foreign courts or tribunals on the basis of reciprocity. 5) Immigrant or a permanent resident who is recognized as such in host country. Unless: UPON REGISTRATION, he/she executes an affidavit declaring that he/she shall resume actual physical permanent resident in the Philippines not later than three (3) years from the approval of his/her registration. 6) unless he/she executes, upon registration, an affidavit prepared for the purpose by the Commission declaring that he/she shall resume actual physical permanent resident in the Philippines not later than three (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. Failure to return shall be a cause for the removal of the name of the immigrant or permanent resident from the National Registry of Absentee Voters and his/her permanent disqualification to vote in absentia. 4) Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad, as verified by the Philippine embassies, consulates, or Foreign Service establishments concerned, unless such competent authority subsequently certifies that such person is no longer insane or incompetent.

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