I.

The right of Suffrage

A. Concept and Kinds of Suffrage
Suffrage, political franchise, or simply franchise basically means the right to
vote gained through the democratic process. The right to run for office is sometimes
called candidate eligibility, and the combination of both rights is sometimes
called full suffrage. The word suffrage comes from Latin suffragium, meaning "vote",
"political support", and the right to vote.
There are four types of Suffrage, these are the following.
a. Womens Suffrage - is the right of women to vote on the same terms as
men. This was the goal of the suffragists and the suffragettes. Limited voting
rights were gained by some women in Sweden, Britain, and some western
U.S. states in the 1860s. In 1893, the British colony of New Zealand became
the first self-governing nation to extend the right to vote to all adult women.
b. Equal Suffrage - is sometimes confused with Universal suffrage, although its
meaning is the removal of graded votes, where a voter could possess a
number of votes in accordance with income, wealth or social status.
c. Census Suffrage - Also known as "censitary suffrage", the opposite of equal
suffrage, meaning that the votes cast by those eligible to vote are not equal,
but are weighed differently according to the person's rank in the census (e.g.,
people with high income have more votes than those with a small income, or
a stockholder in a company with more shares has more votes than someone
with fewer shares). Suffrage may therefore be limited, usually to the
propertied classes, but can still be universal, including, for instance, women
or ethnic minorities, if they meet the census
d. Compulsory Suffrage - Where compulsory suffrage exists, those who are
eligible to vote are required by law to do so. Thirty-two countries currently
practice this form of suffrage
B. Qualifications and Disqualifications of voters in the Philippines
a. Qualified Voters
The answer to this could be found in the Constitution, particularly Sec. 1,
Art. V. The qualifications for a voter are:
1. citizen of the Philippines
2. not disqualified by law

3. at least 18 years old

4. resident of the Philippines for at least 1 year immediately before the election
5. resident of the place where they propose to vote at least 6 months immediately
before the election
Literacy is not required in order to vote. Property is not a requirement in
order for you to vote. Any person who transfers residence to another city,
municipality or country solely by reason of his occupation, profession or
employment in private or public service, education, etc., shall not be deemed to
have lost his original residence.
b. Disqualified Voters
a. Those who have lost their Filipino citizenship in accordance with Philippine laws;
b. Those who have expressly renounced their Philippine citizenship and who have
pledged allegiance to a foreign country;
c. Those who have committed and are convicted in a final judgment by a court or
tribunal of an offense punishable by imprisonment of not less than one (1) year,
including those who have committed and been found guilty of Disloyalty as
defined under Article 137 of the Revised Penal Code, such disability not having
been removed by plenary pardon or amnesty; Provided, however, That any
person disqualified to vote under this subsection shall automatically acquire the
right to vote upon expiration of five (5) years after service of sentence; Provided,
further, That the Commission may take cognizance of final judgments issued by
foreign courts or tribunals only on the basis of reciprocity and subject to the
formalities and processes prescribed by the Rules of Court on execution of
judgments;
d. 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 the Commission declaring that he/she shall resume actual physical
permanent residence 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 the 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 inabsentia.
e. 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.

C. Responsible Voting and National Development

List of being a responsible voter in the Philippines
1) Thou shalt vote according to the dictates of your conscience.
2) Thou shalt respect the decision of others in choosing their candidates.
3) Thou shalt seek to know the moral integrity, capabilities, and other personal qualities
of the candidates you will vote for.
4) Thou shalt strive to understand the issues, platforms, and programs of candidates
and parties seeking your vote.
5) Thou shalt not sell your vote.
6) Thou shalt not vote for candidates using guns, goons, and gold.
7) Thou shalt not vote for candidates with records of graft and corruption.
8) Thou shalt not vote for candidates just because of utang na loob or debt of gratitude,
popularity or pakikisama (goodwill).
9) Thou shalt not vote for candidates living an immoral life.
10) Thou shalt put the welfare of the country above all else in choosing the candidate
you will vote for.

D. System of Absentee Voting

Concepts:
"Certified List of Overseas Absentee Voters" refers to the list of registered
overseas absentee voters whose applications to vote in absentia have been approved
by the Commission, said list to be prepared by the Committee on Absentee Voting of the
Commission, on a country-by-country basis. This list shall be approved by the
Commission in an en banc resolution

"National Registry of Absentee Voters" refers to the consolidated list prepared,

approved and maintained by the Commission, of overseas absentee voters whose
applications for registration as absentee voters, including those registered voters who
have applied to be certified as absentee voters, have been approved by the Election
Registered Board
National Registry of Overseas Absentee Voters. - The Commission shall maintain
a National Registry of Overseas Absentee Voters. Approved applications of overseas
absentee registrants shall also be included in the permanent list of voters of the city or
municipality where the registrant is domiciled, with the corresponding annotation that
such person has been registered or will be voting as an overseas absentee voter. The
registry shall also include those registered under Republic Act No. 8189 and who have
been issued certifications as overseas absentee voters. The entries in the National
Registry of Overseas Absentee Voters and the annotations as overseas absentee
voters in the Certified Voters' List shall be permanent, and cannot be cancelled or
amended except in any of the following cases:
a. When the overseas absentee voter files a letter under oath addressed to the
Commission that he/she wishes to be removed from the Registry of Overseas
Absentee Voters, or that his/her name be transferred to the regular registry of
voters; or,
b. When an overseas absentee voter's name was ordered removed by the
Commission from the Registry of Overseas Absentee Voters for his/her failure to
exercise his/her right to vote under this Act for two (2) consecutive national
elections.

E. Legislative department

a. The law making process

According to the 1987 Constitution, legislative power shall be vested in the Congress of
the Philippines, which shall consist of a Senate and a House of Representatives.
The Senate shall be composed of twenty-four Senators who shall be elected at large by
the qualified voters of the Philippines, as may be provided by law; the House of
Representatives shall be composed of not more than 250 (unless otherwise fixed by
law), 20 percent of whom must be Party-list representatives.

Congress is responsible for making enabling laws to make sure the spirit of the
constitution is upheld in the country and, at times, amend or change the constitution
itself. In order to craft laws, the legislative body comes out with two main documents:
bills and resolutions.
Resolutions convey principles and sentiments of the Senate or the House of
Representatives. These resolutions can further be divided into three different elements:

joint resolutions require the approval of both chambers of Congress and the
signature of the President, and have the force and effect of a law if approved.
concurrent resolutions used for matters affecting the operations of both
chambers of Congress and must be approved in the same form by both houses,
but are not transmitted to the President for his signature and therefore have no
force and effect of a law.
simple resolutions deal with matters entirely within the prerogative of one
chamber of Congress, are not referred to the President for his signature, and
therefore have no force and effect of a law.

Bills are laws in the making. They pass into law when they are approved by both
houses and the President of the Philippines. A bill may be vetoed by the President, but
the House of Representatives may overturn a presidential veto by garnering a 2/3rds
vote. If the President does not act on a proposed law submitted by Congress, it will
lapse into law after 30 days of receipt.
How a bill becomes a law
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

preparation of the bill

first reading
committee consideration / action
second reading
third reading
transmittal of the approved bill to the senate
senate action on approved bill of the house
conference committee
transmittal of the bill to the president
presidential action on the bill
action on approved bill
action on vetoed bill
F. The Executive and the Judiciary
1. Executive

The Executive branch is composed of the President and the Vice President who
are elected by direct popular vote and serve a term of six years. The Constitution grants
the President authority to appoint his Cabinet. These departments form a large portion
of the countrys bureaucracy.
President
The President of the Philippines is elected by direct vote by the people for a term of six
years. He may only serve for one term, and is ineligible for reelection. The term of the
President of the Philippines starts at noon of the 30th day of June after an election is
held.
QUALIFICATIONS
The qualifications for an individual aspiring to become the President of the Philippines
are outlined in Article VII, Section 2 of the 1987 Constitution. According to the
constitution, an individual may become President provided he meets the following
criteria:
1.
2.
3.
4.
5.

natural born Filipino;

a registered voter;
must be able to read and write;
40 years of age at the day of the election; and
must have resided in the Philippines ten years before the election is held.

Besides the
POWERS
OFconstitution,
THE PRESIDENT
the powers of the President of the Philippines are specifically
outlined in Executive Order No. 292, s. 1987, otherwise known as the Administrative
Code of 1987. The following powers are:
1. Power of control over the executive branch
The President of the Philippines has the mandate of control over all the executive
departments, bureaus, and offices. This includes restructuring, reconfiguring, and
appointments of their respective officials. The Administrative Code also provides for the
President to be responsible for the abovementioned offices strict implementation of
laws.
2. Power ordinance power
The President of the Philippines has the power to give executive issuances, which are
means to streamline the policy and programs of an administration. There are six
issuances that the President may issue. They are the following as defined in the
Administrative Code of 1987:

Executive orders Acts of the President providing for rules of a general or permanent
character in implementation or execution of constitutional or statutory powers shall be
promulgated in executive orders.
Administrative orders Acts of the President which relate to particular aspects of
governmental operations in pursuance of his duties as the administrative head shall be
promulgated in administrative orders.
Proclamations Acts of the President fixing a date or declaring a status or condition of
public moment or interest, upon the existence of which the operation of a specific law or
regulation is made to depend, shall be promulgated in proclamations which shall have
the force of an executive order.
Memorandum orders Acts of the President on matters of administrative detail, or of
subordinate or temporary interest which only concern a particular officer or government
office shall be embodied in memorandum orders.
Memorandum circulars Acts of the President on matters relating to internal
administration, which the President desires to bring to the attention of all or some of the
departments, agencies, bureaus, or offices of the government, for information or
compliance, shall be embodied in memorandum circulars.
General or special orders Acts and commands of the President in his capacity as
commander-in-chief of the Armed Forces of the Philippines shall be issued as general
or special orders.
It is important to note that during the term of President Ferdinand E. Marcos, he used
executive issuances known as presidential decrees as a form of legislation. These
decrees have the full force and effect of laws because at the time the legislature did not
exist and, when the 1973 Constitution was put into full force and effect, it gave the
power to the President to do as such. This continued until the first year of President
Corazon C. Aquinos term. However, President Aquino opted to used executive orders
instead of presidential decrees. President Aquinos executive orders, however, still had
the full force and effect of laws until the ratification of the 1987 Constitution.
3. Power over aliens
The President of the Philippines has the power over non-Filipinos in the Philippines. The
powers he may exercise over foreigners in the country are as follows:

The chief executive may have an alien in the Philippines deported from the
country after due process.

The President may change the status of a foreigner, as prescribed by law, from a
non-immigrant status to a permanent resident status without necessity of visa.
The President may choose to overrule the Board of Commissioners of the
Bureau of Immigration before their decision becomes final and executory (after
30 days of the issuance of the decision). The Board of Commissioners of the
Bureau of Immigration has jurisdiction over all deportation cases.
The president is also mandated by the Administrative Code of 1987 to exercise
powers as recognized by the generally accepted principles of international law.
4. Powers of eminent domain, escheat, land reservation and recovery of ill-gotten
wealth
The President of the Philippines has the authority to exercise the power of eminent
domain. The power of eminent domains means the state has the power to seize or
authorize the seizure of private property for public use with just compensation. There
are two constitutional provisions, however, that limit the exercise of such power: Article
III, Section 9 (1) of the Constitution provides that no person shall be deprived of his/her
life, liberty, or property without due process of law. Furthermore, Article III, Section 9 (2),
provides that private property shall not be taken for public use without just
compensation.
Once the aforementioned conditions are met, the President may exercise the power of
eminent domain which are as follows:
Power of eminent domain The President shall determine when it is necessary or
advantageous to exercise the power of eminent domain in behalf of the national
government, and direct the solicitor general, whenever he deems the action advisable,
to institute expropriation proceedings in the proper court.
Power to direct escheat or reversion proceedings The President shall direct the
solicitor general to institute escheat or reversion proceedings over all lands transferred
or assigned to persons disqualified under the constitution to acquire land.
Power to reserve lands of the public and private domain of the government
(1) The president shall have the power to reserve for settlement or public use, and for
specific public purposes, any of the lands of the public domain, the use of which is not
otherwise directed by law. The reserved land shall thereafter remain subject to the
specific public purpose indicated until otherwise provided by law or proclamation.
(2) He shall also have the power to reserve from sale or other disposition and for
specific public uses or purposes, any land belonging to the private domain of the
government, or any of the friar lands, the use of which is not otherwise directed by law,

and thereafter such land shall be used for the purposes specified by such proclamation
until otherwise provided by law.
Power over ill-gotten wealth The President shall direct the solicitor general to institute
proceedings to recover properties unlawfully acquired by public officials or employees,
from them or from their nominees or transferees.
Within the period fixed in, or any extension thereof authorized by, the constitution, the
President shall have the authority to recover ill-gotten properties amassed by the
leaders and supporters of the previous regime, and protect the interest of the people
through orders of sequestration or freezing of assets or accounts.
5. Power of appointment
The President may appoint officials of the Philippine government as provided by the
constitution and laws of the Philippines. Some of these appointments, however, may
need the approval of the Committee on Appointments (a committee composed of
members from the House of Representatives and the Senate of the Philippines).
6. Power of general supervision over local governments
The President of the Philippines, as chief executive, has the mandate to supervise local
governments in the Philippines, despite their autonomous status as provided by
Republic Act No. 7160 otherwise known as the Local Government Code of 1991.
Traditionally, this is done by the Department of the Interior and Local Government,
headed by a cabinet secretaryan alter ego of the President.
7. Other powers

LINEconstitution
OF SUCCESSION
The
provides for a line of succession in the event that the elected President
of the Philippines is not able to discharge the duties of his office due to death, disability,
or resignation. The following is the line of succession:
1. Vice President in cases of the death, disability, or resignation of the President
2. Senate President in cases of the death, disability, or resignation of the
President and Vice President
3. Speaker of the House of Representatives in cases of the death, disability, or
resignation of the President, Vice President, and Senate President

Vice President

The Vice President of the Philippines is elected by direct vote by the people for a term
of six years, and may run for reelection once. The term of the Vice President of the
Philippines starts at noon of the 30th day of June after an election is held.
QUALIFICATIONS
The
qualifications for aspirants to the Office of the Vice President is outlined in Article
VII, Section 3. According to the constitution, the qualifications for the President is the
same for the Vice President.
AccordingOFtoTHE
DUTIES
the VICE
constitution,
PRESIDENT
the vice president may concurrently assume a cabinet
position should the President of the Philippines offer the former one. The vice president
will become a secretary concurrent to the position of vice president.
Aside from the cabinet post, the vice president is mandated to assume the presidency in
case of the death, disability, or resignation of the incumbent President.
Should
LINE
OFthere
SUCCESSION
be a vacancy of the Office of the Vice President, the President of the
Philippines is required by the constitution to nominate a replacement with the
concurrence of Committee on Appointments.

2. Judiciary
The Judicial branch holds the power to settle controversies involving rights that
are legally demandable and enforceable. This branch determines whether or not there
has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the
part and instrumentality of the government. It is made up of a Supreme Court and lower
courts.
The Constitution expressly grants the Supreme Court the power of Judicial
Review as the power to declare a treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance or regulation
unconstitutional.
RULES
AND
PROCEDURES
The
Rules
of Court
of the Philippines, as amended and the rules and regulations issued
by the Supreme Court, define the rules and procedures of the judiciary. These rules and
regulations are in the form of administrative matters, administrative orders, circulars,
memorandum circulars, memorandum orders, and OCA circulars. The Supreme Court
disseminates these rules and regulations to all courts, publishes important ones in

newspapers of general circulation, prints them in book or pamphlet form, and uploads
them to the Supreme Court website and the Supreme Court E-Library website.
On June 21, 1988, the Supreme Court promulgated the Code of Professional
Responsibility for the legal profession. The draft was prepared by the Committee on
Responsibility, Discipline and Disbarment of the Integrated Bar of the Philippines.
APPOINTMENTS
TOVIII,
THESection
JUDICIARY
By
virtue of Article
8, appointments to the judiciary are made by the
President of the Philippines based on a list submitted by the Judicial and Bar Council
which is under the supervision of the Supreme Court. Its principal function is to screen
prospective appointees to any judicial post. It is composed of the chief justice as exofficio chairman, the Secretary of Justice and representatives of Congress as ex-officio
members, and a representative of the Integrated Bar, a professor of law, a retired
member of the Supreme Court and a representative of the private sector as members.
PHILIPPINE
JUDICIAL
The
Philippine
Judicial ACADEMY
Academy (PHILJA) is the training school for justices, judge,
court personnel, lawyers and aspirants to judicial posts. It was originally created by
the Supreme Court on March 16, 1996 by virtue of Administrative Order No. 35-96, and
was institutionalized on February 26, 1998 by virtue of Republic Act No. 8557. No
appointee to the bench may commence the discharge his adjudicative function without
completing the prescribed court training in the academy. Its organizational structure and
administrative setup are provided for by the Supreme Court in its en banc resolution
(Revised A.M. No. 01-1-04-sc-PHILJA).

Sources:
https://ph.news.yahoo.com/10-commandments-responsible-voting-000500234.html
http://www.jamesbiron.com/2009/06/voter-qualification-and-disqualification/
http://en.wikipedia.org/wiki/Suffrage
http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OAV/RA9189
http://www.gov.ph/about/gov/the-legislative-branch/#process
http://www.gov.ph/about/gov/

Date: January 20, 2015

MIDTERM ASSIGNMENT
POLITICAL SCIENCE 2

Submitted to:
Prof. Montallana, J. N.

Submitted by:
GROUP IV
Members:

Alvarez, Miguel Leonardo

Arcega, Patricia Anne
Baltazar, Maynard
Dimal, Resty John
Fadul, Michelle
Las Pinas, Khristelle
Palmon, Angela Rae
SY1149