ELECTION LAW NOTES

SUFFRAGE
Suffrage is the right and obligation to vote. It is a political right conferred by the Constitution
empowering a citizen to participate in the process of government which makes the State truly
democratic and republican. Section 1, Article V, however, provides that suffrage may be
exercised thus, making it non-mandatory. Failure to exercise such right is not punishable by
law, but nonetheless makes a citizen irresponsible. In other words, suffrage is an obligation but a
non-mandatory one.
When Suffrage may be Exercised
Suffrage is exercised not only during elections, but also during initiatives, referendums, plebiscite,
and recalls. Election is the means by which the people choose their representatives who are
entrusted the exercise of the powers of the government. Initiative is the means by which people
directly propose and enact laws, that is, they initiate the law-making process. Referendum refers
to process by which the people ratify or reject a law or part thereof referred or submitted to them
by the national or local law-making body. Plebiscite entails a process by which the people either
ratify or reject an amendment or revision to the Constitution. And recall is a mode of removing an
incumbent official from office by a vote of the people upon proper registration of a petition signed
by the required number of qualified voters. In all these instances, a qualified citizen can rightfully
exercise suffrage.
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanates from themSection 1. The Philippines is a
democratic and republican State. Sovereignty resides in the people and all gov ernment
authority emanates from them

SUFFRAGE
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.
SEC. 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.
The Congress shall also design a procedure for the disabled and the illiterates to vote without
the assistance of other persons. Until then, they shall be allowed to vote under existing laws

and such rules as the Commission on Elections may promulgate to protect the secrecy of the
ballot.

ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES

Selected principles
Sec 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and
all government authority emanates from them.
Elements of a State (for municipal law purposes)
CODE: PTSG
1. A community of persons, more or less numerous (PEOPLE)
2. Permanently occupying a definite portion of territory (TERRITORY)
3. Independent of external control (SOVEREIGNTY)
4. Possessing an organized government to which the great body of inhabitants render
habitual obedience (GOVERNMENT)
Definition of People
1.
2.
3.
4.

CODE: CNCH

A Community of persons;
Sufficient in Number;
Capable of maintaining the continued existence of the community; and
Held together by a common bond of law.

Definition of Sovereignty
1. LEGAL sovereignty
1. The supreme power to make law.
2. It is lodged in the people.

1.
1.
2.
3.
1.

POLITICAL sovereignty
The sum total of all the influences in a state,
Legal and non-legal,
Which determine the course of law.
According to the Principle of AUTO-LIMITATION:

Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal
self-determination and self-restriction.
Definition of Government
1. That institution or aggregate of institutions
2. by which an independent society
3. makes and carries out those rules of action

4. which are necessary to enable men to live in a social state

5. or which are imposed upon the people forming that society by those who possess the
power or authority of prescribing them.
Classification of governments
1. De jure
2. De facto

one established by the authority of the legitimate sovereign

one established in defiance of the legitimate sovereign

Classification of de facto governments

1. De facto proper
1. That government that gets possession and control of
2. or usurps by force or by the voice of majority
3. the rightful legal government
4. and maintains itself against the will of the latter.
1. Government of paramount force
1. That which is established and maintained by military forces
2. who invade and occupy a territory of the enemy
3. in the course of war.
1. That established as an independent government by the inhabitants of a country who rise
in insurrectionagainst the parent state.
Definition of Republican State
It is one wherein all government authority emanates from the people and is exercised by
representatives chosen by the people.
Definition of Democratic State
This merely emphasizes that the Philippines has some aspects of direct democracy such as
initiative and referendum.
Sec. 2. The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and amity with all nations.
Kind of war renounced by the Philippines
The Philippines only renounces AGGRESSIVE war as an instrument of national policy. It does not
renounce defensive war.
Some generally accepted principles of international law recognized by the Court:
1. Right of an alien to be released on bail while awaiting deportation when his failure to leave
the country is due to the fact that no country will accept him (Mejoff v. Director of Prisons,
90 Phil. 70)

2. The right of a country to establish military commissions to try war criminals (Kuroda v.
Jalondoni, 83 Phil. 171)
3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)
Amity with all nations
This does not mean automatic diplomatic recognition of all nations. Diplomatic recognition
remains a matter of executive discretion.
Sec 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the
State and the integrity of the national territory.
Civilian authority/supremacy clause (1st sentence)
1. Civilian authority simply means the supremacy of the law because authority, under our
constitutional system, can only come from law.
2. Under this clause, the soldier renounces political ambition.

Mark of sovereignty (2nd and 3rd sentences)

1. Positively, this clause singles out the military as the guardian of the people and of the
integrity of the national territory and therefore ultimately of the majesty of the law.
2. Negatively, it is an expression of disapproval of military abuses.

Sec 4. The prime duty of the Government is to serve and protect the people. The Government
may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal, military, or civil service.
Sec. 5. The maintenance of peace and order, the protection of life, liberty and property, and the
promotion of the general welfare are essential for the enjoyment by all the people of the blessings
of democracy.
Sec. 6. The separation of Church and State shall be inviolable.
Selected state policies
Sec. 7. The State shall pursue an independent foreign policy. In its relations with other states, the
paramount consideration shall be national sovereignty, territorial integrity, national interest, and
the right to self-determination.
Sec. 8. The Philippines, consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.
Policy of freedom from nuclear weapons
1. The policy PROHIBITS:
1. The possession, control and manufacture of nuclear weapons
2. Nuclear arms tests.

1. The policy does NOT prohibit the peaceful uses of nuclear energy.
Sec. 12. The State recognizes the sanctity of family life and shall protect and strengthen the family
as a basic autonomous social institution. It shall equally protect the life of the mother and the life
of the unborn from conception. etc.

Principle that the family is not a creature of the state.

Protection for the unborn
1. It is not an assertion that the unborn is a legal person.
2. It is not an assertion that the life of the unborn is placed exactly on the level of the life of
the mother. Hence, when it is necessary to save the life of the mother, the life of the
unborn may be sacrificed.
3. Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6th month of
pregnancy cannot be adopted in the Philippines because the life of the unborn is
protected from the time of conception.
Sec. 16. The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.
1. While the right to a balanced and healthful ecology is found under the declaration of
Principle and State Policies and not under the Bill of Rights, it does not follow that it is less
important than any of the civil and political rights enumerated in the latter. (Oposa v.
Factoran)
2. The right to a balanced and healthful ecology carries with it the correlative duty to refrain
from impairing the environment. (Oposa v. Factoran)
Sec. 26. The State shall guarantee equal access to opportunities for public service, and prohibit
political dynasties as may be defined by law.
Sec. 27. The State shall maintain honesty and integrity in the public service and take positive and
effective measures against graft and corruption.
Sec. 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involving public interest.
ARTICLE 4 EXPLANATION

CITIZENSHIP AND SUFFRAGE

This paper explains briefly Article IV (Citizenship) and Article V (Suffrage) of the 1987 Philippine
Constitution.
At the end the discussion, the students are expected to:
1. Explain the meaning and requirements of Philippine citizenship;
2. Discuss and distinguish the different principles and concepts involving citizenship;

3. Explain the meaning and requirements of suffrage; and

4. Discuss the various related concepts and principles in suffrage.
PRELIMINARIES
Need for Citizenship Education
1. Citizenship education, which is the primary purpose of studying Philippine politics and
governance, entails knowing the basic rights as well as the corresponding duties of the citizens.
Section 3 (2), Article XIV provides that all educational institutions shall inculcate patriotism and
nationalism, foster love of humanity, respect for human rights, appreciation of the role of
national heroes in the historical development of the country, teach the rights and duties of
citizenship, strengthen ethical and spiritual values, develop moral character and personal
discipline, encourage critical and creative thinking, broaden scientific and technological
knowledge, and promote vocational efficiency.
2. It must also be noted that one of the State Policies of the Philippines is the rearing of the
youth for civic efficiency. Section 13, Article II provides that the State recognizes the vital role of
the youth in nation-building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs. This is also why, under Section 12,
Article II, the State supports the parents in their primary right and duty in rearing the youth for
civic efficiency and development of moral character.
3. Before delving on the rights and duties of the citizens, it is logically important to know first
who are the citizens of the Philippines, the modes of acquiring citizenship, the types of citizens,
and difference between a citizen and a non-citizen as to possession of rights, privileges, and
duties. Knowing these concepts will preparatory for the discussion of suffrage, which is one of
the rights and duties of a citizen, and the bill of rights, which is the declaration and enumeration
of the rights individuals as will be discussed in Chapter 9.
Constitutional Provisions on Citizenship and Suffrage
Article IV of the 1987 Constitution discusses Citizenship. Article V discusses Suffrage. These
provisions will be explained in detail in the following subtopics.
CITIZENSHIP
Meaning of Citizenship
Citizenship refers to the membership of a person to a democratic state which bestows upon
him/her full civil and political rights (unless especially disqualified by law), and the corresponding
duty to support and maintain allegiance to the state. Such membership underscores the
symbiotic relationship of the state, which on the one hand gives protection to the citizen, and
the citizen, who on the other hand is duty bound to support the state.
Citizens of the Philippines
1. Classification. There are four instances enumerated in the Constitution as to who are
considered citizens of the Philippines. Section 1, Article IV of the Constitution, provides:

The following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and
(4) Those who are naturalized in accordance with law.
First, those who are citizens of the Philippines at the time of the adoption of the 1987
Constitution, referring to those who were already Filipinos under the 1973 Constitution and
were still citizens at the time of the passage of the 1987 Constitution. Second, those who are
Philippine citizens because either their fathers or mothers are Philippine citizens. Third, those
whose fathers are foreigners, and then later elected their Philippine citizenship upon reaching 18
years old in accordance with 1935 Constitution which was in effect at the time of their birth. And
fourth, those who are naturalized under the procedures provided by law.
2. Natural Born and Naturalized Citizens. Basically, there are only two categories of Philippine
citizens: the natural born and the naturalized. On the one hand, a natural born citizen is
someone who is already a Filipino at the time of his birth and does not have to do anything to
acquire or perfect his citizenship (Sec. 2, Art. II). In other words, he is a Filipino by birth. On the
other hand, a naturalized citizen is someone who was once a foreigner then later on became a
Filipino by legal fiction. Paragraph 2 (Either father or mother is a Filipino) and paragraph 3 (Elect
Philippine Citizenship) of the above provision are natural born citizens, while paragraph 4
(naturalized under the law) refers to the naturalized citizen. Paragraph 1 (citizen at the time of
the adoption of the Constitution) may refer to either a natural born or naturalized citizen
depending on the kind of citizenship he has at the time of the adoption of the 1987 Constitution.
3. Principles Determining Citizenship. How can birth determine citizenship in the case of natural
born citizens? There are two principles that could answer this. First is the jus sanguinis principle,
which states that blood relations determine citizenship, and the second is the jus soli or jus loci
principle, which states that the place of birth determines citizenship. The Philippines adopts
the jus sanguinis principle and is now the underlying theory behind Article IV. Thus, someone
becomes a Filipino by birth if either his mother or father is a Filipino, so that by virtue of his
blood relations to either his Filipino parents he is also a Filipino. If Pedro, for example, has a
Filipino mother and a foreigner father, then he is still a Filipino by birth, and therefore a natural
born citizen.
4. Old Rule. It must be noted that the present rule is different from that in the 1935 Constitution.
Under the old rule, those whose fathers are foreigners and whose mothers are citizens of the
Philippines must still elect their Philippine citizenship upon reaching 18 years old. In other words,
citizenship depends upon blood relations with the father. This was no longer the rule under the
1973 Constitution and under the present Constitution. Citizenship is now attributable to both
the father and mother. But for those who were born during the effectivity of the 1935
Constitution, or before January 17, 1973 (the date of promulgation of the 1973 Constitution),

they must still elect their Philippine citizenship upon reaching the age of majority. For instance, if
Pedro was born in January 1, 1970, of a Chinese father and a Filipino mother, then in 1988 when
he is already 18 years old, he must elect his Philippine citizenship. Under Section 2, Article II,
those who elect their Philippine citizenship are still deemed natural born citizens.
Naturalized Citizens
1. Who are Naturalized Citizens? Naturalized citizens those are clothed by law with the rights and
privileges accorded to a citizen of the Philippines, as well as bound by their duties to the State. In
other words, they are also Filipinos. Thus they can vote during elections, acquire real property,
and engage in business, among others. They must likewise observe loyalty to the Philippines, pay
their taxes, and obey the laws and duly constituted authorities of the land. However, they cannot
be elected President or Vice-President, or member of the Congress, or appointed justice of the
Supreme Court or lower collegiate courts, or member of any of the Constitutional Commissions,
or Ombudsman or his Deputy, or member of the Central Monetary Agency. These are among the
restrictions to a naturalized citizen which are reserved only to a natural born citizen, who is by
birth and heart a Filipino.
2. Naturalization entails renunciation of former allegiance and the subsequent act of formal
entrance into a new body politic. The grant of citizenship by naturalization is an act of grace on
the part of the State. Just as the State can confer or grant citizenship, it can also withhold or take
away the same. Thus, aliens or foreigners do not have a natural or inherent right to demand
membership to the State.
3. Kinds of Naturalization. The government, through its three branches, can confer citizenship by
naturalization. Hence, a foreigner can be naturalized in either of three ways:
(a) Judicial naturalization refers to naturalization by means of court judgment pursuant to the
Revised Naturalization Act. Applications are filed with the proper Regional Trial Court which
will render the decree of naturalization;
(b) Legislative naturalization refers to naturalization by means of a direct act of Congress, that is,
by the enactment of a law by the Congress declaring therein that a foreigner is conferred
citizenship and admitted into the political community; and
(c) Administrative naturalization is naturalization by means of administrative proceedings before
the Special Committee on Naturalization pursuant to the Administrative Naturalization Law of
2000. Applicants must be aliens born and residing in the Philippines with all of the qualifications
and none of the disqualifications provided by law.
Lost and Reacquisition of Citizenship
1. Lost of Citizenship. Section 3, Article 4 of the Constitution states that Philippine citizenship
may be lost or reacquired in the manner provided by law. There are two laws which provide the
manner of loss of citizenship. First is Commonwealth Act No. 63 which provides that citizenship
is lost by naturalization in another country, by express renunciation of citizenship, by subscribing
to an oath of allegiance to support the constitution and laws of another country, by rendering
service to a foreign armed forces, and by deserting the armed forces of the Philippines. Second is

Commonwealth Act No. 473 which states that citizenship is lost by cancellation of certificate of
naturalization by court, by permanent residence in the country of origin for a period of five years
from the time of naturalization, by an invalid declaration of intent in the petition, by failure to
with the educational requirements of the minor children, and by allowing oneself to used by a
foreigner.
2. Reacquisition of Citizenship. As far as reacquisition of citizenship is concerned, Commonwealth
Act No. 63 also provides that citizenship which was lost may be reacquired by naturalization, by a
direct act of Congress, or by repatriation.
(a) Naturalization may be applied for by a former Philippine citizen who lost his citizenship under
any of the aforesaid ways. For example, Pedro was a Filipino who became a naturalized citizen in
another country, and as a result he lost his Philippine citizenship. If he applies for naturalization
and later on the court gave him a decree of naturalization, then he reacquires his Philippine
citizenship.
(b) The Congress can also reinstitute, by means of a law, citizenship to those who lost it.
(c) Repatriation is accomplished by taking the necessary oath of allegiance to the Republic of the
Philippines and then registering the same in the proper Civil Registry and in the Bureau of
Immigration. This is available to women who have lost their citizenship through marriage to
aliens, those who lost their citizenship on account of economic and political necessity not
otherwise disqualified by law, and deserters of the Armed Forces of the Philippines.
3. R.A. No. 9225. Special note must be given to Republic Act No. 9225, otherwise known as
Citizenship Retention and Reacquisition Act of 2003,which amended Commonwealth Act No.
63. It provides that natural born citizens of the Philippines who lost their citizenship because of
naturalization in a foreign country shall be deemed to have reacquired their Philippine
citizenship upon taking the oath of allegiance to the Republic of the Philippines. After the
effectivity of RA 9225, those who are naturalized in a foreign country shall retain their Philippine
citizenship also upon taking the oath of allegiance to the Republic of the Philippines. Thus, under
the present law, it is the taking of the necessary oath of allegiance and registration of the same
that retains and reacquires Philippine citizenship.
4. Marriage to an Alien. Under Section 4, Article IV, mere marriage to an alien is not a ground for
losing Philippine citizenship, unless there is implied or express renunciation through acts or
omissions. For example, if Maria is married to Friedrich, a foreigner, and in Friedrichs country his
marriage confers on Maria their citizenship, then Maria will not automatically lose her citizenship
as provided by the Constitution. What she has is dual citizenship. But if Maria subscribes to an
oath of allegiance to her husbands country, then her act is deemed a renunciation of her
Philippine citizenship, thus, a ground for losing her citizenship.
Dual Allegiance and Dual Citizenship
1. Dual Allegiance as Provided in the Constitution. Section 5, Article IV states, Dual allegiance of
citizens is inimical to the national interest and shall be dealt with by law. Dual allegiance
happens when a naturalized citizen of the Philippines maintains his allegiance to his country of

origin. For example, if Joe, who was a foreigner, becomes a naturalized citizen of the Philippines,
and after naturalization he still maintains his allegiance to his mother country, then his case is
said to be one of dual allegiance. This is prohibited by the Constitution to prevent a former
foreigner, who gained political membership, to have false allegiance or pretend loyalty to the
Philippines.
2. Dual Allegiance vs. Dual Citizenship. The Constitution, however, does not prohibit dual
citizenship. Dual allegiance is different from dual citizenship. Dual citizenship happens when an
individual is a citizen of two countries because the laws of both countries confer upon him
membership to their State. For example, if Pedros parents are Filipinos and he is born in United
State of America, he acquires Philippine citizenship under the principle of jus sanguinis and
American citizenship under the principle of jus soli. Thus, he has dual citizenship because of the
respective laws of the two countries. Another example is when a Filipino marries a foreigner and
thereby acquires the citizenship of the spouse, there is also dual citizenship. The Philippines
cannot prohibit dual citizenship because its laws cannot control the laws of other states. It is dual
allegiance that is prohibited because it is intentional while dual citizenship is generally
unintentional, in that it is only accidentally cause by birth in a foreign state or marriage with a
foreigner.
3. Limitation on Dual Citizenship. Dual citizenship may be prohibited under special cases. For
instance, pursuant to the Constitution, RA 9225 requires that all those who are seeking elective
public offices in the Philippines to execute a personal and sworn renunciation of any and all
foreign citizenship to qualify them as candidates in the Philippine elections.
SUFFRAGE
Meaning of Suffrage
Suffrage is the right and obligation to vote. It is a political right conferred by the Constitution
empowering a citizen to participate in the process of government which makes the State truly
democratic and republican. Section 1, Article V, however, provides that suffrage may be
exercised thus, making it non-mandatory. Failure to exercise such right is not punishable by
law, but nonetheless makes a citizen irresponsible. In other words, suffrage is an obligation but a
non-mandatory one.
When Suffrage may be Exercised
Suffrage is exercised not only during elections, but also during initiatives, referendums,
plebiscite, and recalls. Election is the means by which the people choose their representatives
who are entrusted the exercise of the powers of the government. Initiative is the means by
which people directly propose and enact laws, that is, they initiate the law-making process.
Referendum refers to process by which the people ratify or reject a law or part thereof referred
or submitted to them by the national or local law-making body. Plebiscite entails a process by
which the people either ratify or reject an amendment or revision to the Constitution. And recall
is a mode of removing an incumbent official from office by a vote of the people upon proper

registration of a petition signed by the required number of qualified voters. In all these
instances, a qualified citizen can rightfully exercise suffrage.
Who may Exercise Suffrage
1. Qualified Citizens Only. Suffrage can be exercised only by a citizen of the Philippines, who has
none of the disqualifications, at least eighteen years of age on the day of the election, and a
resident of the Philippines for at least one year and of the place where he intends to vote for at
least six months immediately preceding the election (Section 1, Article V). Suffrage is an attribute
of citizenship, and therefore aliens cannot exercise the same.
2. Reason for Lowering the Voting Age. The voting age was lowered down from 21 to 18 years
old to broaden the electoral base. If the voting age is 21, then only a small percentage of the
total population of the Philippines can vote. Moreover, according to psychologists, 18 to 21 yearold Filipino youth, living in urban or rural areas, have the same political maturity. This is affirmed
in many provisions of Philippine law, in that the marrying age, the age when someone can enter
into a contract, and the age when someone can be called to defend the State, is 18 years old. It
must be noted, however, registration may be done before reaching the age of majority for as
long as the voter is 18 years old on the day of the election.
3. Explanation of Residency Requirement. A citizen, in order to be qualified to vote, must have
resided in the Philippines for at least one year and for at least six months on the place where he
intends to vote immediately preceding the elections. The one year residency requirement
means permanent residence while the six month residency requirement means either
permanent or temporary residence. On the on hand, permanent residence or domicile
requires bodily presence in the locality, the intention to remain there (animus manendi), and an
intention to return to it if one goes somewhere else (animus revertendi). If a new residence is
established, permanent residence requires an intention not to return to the old domicile (animus
non revertandi). For example, if a Filipino citizen works abroad to look for greener pastures, but
still has the intention to return to the Philippines, he can still exercise his right to vote since his
domicile is still in the Philippines. On the other hand, temporary residence only requires the
intention to reside in a fixed place. To be familiar with the needs of the locality, a voter must
reside therein for at least six months immediately preceding the elections. This is requirement
for both national and local elections. In here, since residence can also mean temporary
residence, one can vote in either his locality of permanent residence or locality of temporary
residence during local or national elections. For example, Pedro is domiciled in Tuguegarao City
and is a registered voter therein. But he is working in Manila for more than six months already,
has established a temporary residence, and is likewise a registered voter there. Under the law,
he can vote in Tuguegarao city since he is a permanent resident of the place or in Manila since
he has a temporary residence there.
4. No Additional Substantive Requirement. Still in keeping with the trend for broadening
electoral base, the Constitution does not provide for literacy, property or other substantive
requirements. Rather it encourages the participation and equalization of the privileges and

rights of the people. Being democratic and republican, the State endeavors for the establishment
of a wide base of electoral involvement by the people, not only by the rich minority who joy the
privilege of formal education, but also by the poor majority who are usually unlettered because
of poverty. It must also be emphasize that there is no direct relationship between education or
property, on the one hand, and capacity for intelligent voting, on the other, in that even a rich
and highly educated person may initiate and be swayed by sham elections.
Absentee Voting
Because of the phenomenon of Filipino labor explosion overseas, the so-called absentee
voting system is mandated by the Constitution to be provided for, or legislated, by the
Congress. Section 2, Article V states, The Congress shall provide a system for absentee voting
by qualified Filipinos abroad. For as long as they are qualified, overseas Filipino workers can still
participate in elections despite their temporary absence in the Philippines. While residency is a
voting requirement, it must not be a reason for disenfranchising thousands of Filipinos abroad
whose hearts are still with the Philippines.
Importance of Suffrage
As a final note, the importance of suffrage cannot be overemphasized as it is the bed rock of
Philippine democracy and republicanism. Removed, then the Philippines is no longer democratic
and republican. This is why the Constitution mandates the Congress to provide a system for
securing the secrecy and sanctity of the ballot. The mandate becomes especially important now
that the electoral base is broadened to include the illiterate and the disabled who are the usual
prey of unscrupulous politicians. Thus, to secure the very essence of Philippine democracy and to
protect the illiterates and disabled from being disenfranchised, the Constitution also provides
that The Congress shall also design a procedure for the disabled and the illiterates to vote
without the assistance of other persons. Until then, they shall be allowed to vote under existing
laws and such rules as the Commission on Elections may promulgate to protect the secrecy of
the ballot.
1987 Constitution - Article IX
Approved: 02 February 1987
CONSTITUTIONAL COMMISSIONS
A. COMMON PROVISIONS
Section 1. The Constitutional Commissions, which shall be independent, are the Civil Service
Commission, the Commission on Elections, and the Commission on Audit.
Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other
office or employment. Neither shall he engage in the practice of any profession or in the active
management or control of any business which, in any way, may be affected by the functions of

his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in
any franchise or privilege granted by the Government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations or their subsidiaries.
Section 3. The salary of the Chairman and the Commissioners shall be fixed by law and shall not
be decreased during their tenure.
Section 4. The Constitutional Commissions shall appoint their officials and employees in
accordance with law.
Section 5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations
shall be automatically and regularly released.
Section 6. Each Commission en banc may promulgate its own rules concerning pleadings and
practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or
modify substantive rights.
Section 7. Each Commission shall decide by a majority vote of all its Members, any case or matter
brought before it within sixty days from the date of its submission for decision or resolution. A
case or matter is deemed submitted for decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the rules of the Commission or by the Commission
itself. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of
each Commission may be brought to the Supreme Court on certiorari by the aggrieved party
within thirty days from receipt of a copy thereof.
Section 8. Each Commission shall perform such other functions as may be provided by law.
B. THE CIVIL SERVICE COMMISSION
Section 1.
1. The civil service shall be administered by the Civil Service Commission composed of a
Chairman and two Commissioners who shall be natural-born citizens of the Philippines
and, at the time of their appointment, at least thirty-five years of age, with proven
capacity for public administration, and must not have been candidates for any elective
position in the elections immediately preceding their appointment.

2. The Chairman and the Commissioners shall be appointed by the President with the
consent of the Commission on Appointments for a term of seven years without
reappointment. Of those first appointed, the Chairman shall hold office for seven years, a
Commissioner for five years, and another Commissioner for three years, without
reappointment. Appointment to any vacancy shall be only for the unexpired term of the
predecessor. In no case shall any Member be appointed or designated in a temporary or
acting capacity.
Section 2.
1. The civil service embraces all branches, subdivisions, instrumentalities, and agencies of
the Government, including government-owned or controlled corporations with original
charters.

2. Appointments in the civil service shall be made only according to merit and fitness to be
determined, as far as practicable, and, except to positions which are policy-determining,
primarily confidential, or highly technical, by competitive examination.

3. No officer or employee of the civil service shall be removed or suspended except for
cause provided by law.

4. No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.

5. The right to self-organization shall not be denied to government employees. (6)

Temporary employees of the Government shall be given such protection as may be
provided by law.

Section 3. The Civil Service Commission, as the central personnel agency of the Government,
shall establish a career service and adopt measures to promote morale, efficiency, integrity,
responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit
and rewards system, integrate all human resources development programs for all levels and
ranks, and institutionalize a management climate conducive to public accountability. It shall
submit to the President and the Congress an annual report on its personnel programs.
Section 4. All public officers and employees shall take an oath or affirmation to uphold and
defend this Constitution.
Section 5. The Congress shall provide for the standardization of compensation of government
officials and employees, including those in government-owned or controlled corporations with
original charters, taking into account the nature of the responsibilities pertaining to, and the
qualifications required for, their positions.
Section 6. No candidate who has lost in any election shall, within one year after such election, be
appointed to any office in the Government or any Government-owned or controlled
corporations or in any of their subsidiaries.
Section 7. No elective official shall be eligible for appointment or designation in any capacity to
any public office or position during his tenure. Unless otherwise allowed by law or by the primary
functions of his position, no appointive official shall hold any other office or employment in the
Government or any subdivision, agency or instrumentality thereof, including Government-owned
or controlled corporations or their subsidiaries.
Section 8. No elective or appointive public officer or employee shall receive additional, double, or
indirect compensation, unless specifically authorized by law, nor accept without the consent of
the Congress, any present, emolument, office, or title of any kind from any foreign government.
Pensions or gratuities shall not be considered as additional, double, or indirect compensation.
C. THE COMMISSION ON ELECTIONS
Section 1.
1. There shall be a Commission on Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of age, holders of a college degree, and must

not have been candidates for any elective positions in the immediately preceding
elections. However, a majority thereof, including the Chairman, shall be members of the
Philippine Bar who have been engaged in the practice of law for at least ten years.

2. The Chairman and the Commissioners shall be appointed by the President with the
consent of the Commission on Appointments for a term of seven years without
reappointment. Of those first appointed, three Members shall hold office for seven years,
two Members for five years, and the last Members for three years, without
reappointment. Appointment to any vacancy shall be only for the unexpired term of the
predecessor. In no case shall any Member be appointed or designated in a temporary or
acting capacity.
Sec. 2. The Commission on Elections shall exercise the following powers and functions:
1. Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.

2. Exercise exclusive original jurisdiction over all contests relating to the elections, returns,
and qualifications of all elective regional, provincial, and city officials, and appellate
jurisdiction over all contests involving elective municipal officials decided by trial courts
of general jurisdiction, or involving elective barangay officials decided by trial courts of
limited jurisdiction. Decisions, final orders, or rulings of the Commission on election
contests involving elective municipal and barangay offices shall be final, executory, and
not appealable.

3. Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.

4. Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines, for
the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections.

5. Register, after sufficient publication, political parties, organizations, or coalitions which,

in addition to other requirements, must present their platform or program of
government; and accredit citizens' arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to achieve their goals
through violence or unlawful means, or refuse to uphold and adhere to this Constitution,
or which are supported by any foreign government shall likewise be refused registration.
Financial contributions from foreign governments and their agencies to political parties,
organizations, coalitions, or candidates related to elections, constitute interference in
national affairs, and, when accepted, shall be an additional ground for the cancellation of
their registration with the Commission, in addition to other penalties that may be
prescribed by law.

6. File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where appropriate, prosecute cases of violations of
election laws, including acts or omissions constituting election frauds, offenses, and
malpractices.

7. Recommend to the Congress effective measures to minimize election spending, including

limitation of places where propaganda materials shall be posted, and to prevent and
penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies.

8. Recommend to the President the removal of any officer or employee it has deputized, or
the imposition of any other disciplinary action, for violation or disregard of, or
disobedience to, its directive, order, or decision.

9. Submit to the President and the Congress, a comprehensive report on the conduct of
each election, plebiscite, initiative, referendum, or recall.
Sec. 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its
rules of procedure in order to expedite disposition of election cases, including pre- proclamation
controversies. All such election cases shall be heard and decided in division, provided that
motions for reconsideration of decisions shall be decided by the Commission en banc.
Sec. 4. The Commission may, during the election period, supervise or regulate the enjoyment or
utilization of all franchises or permits for the operation of transportation and other public
utilities, media of communication or information, all grants, special privileges, or concessions
granted by the Government or any subdivision, agency, or instrumentality thereof, including any
government-owned or controlled corporation or its subsidiary. Such supervision or regulation
shall aim to ensure equal opportunity, time, and space ,and the right to reply, including
reasonable, equal rates therefor, for public information campaigns and forums among
candidates in connection with the objective of holding free, orderly, honest, peaceful, and
credible elections.
Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws,
rules, and regulations shall be granted by the President without the favorable recommendation
of the Commission.
Section 6. A free and open party system shall be allowed to evolve according to the free choice
of the people, subject to the provisions of this Article.
Section 7. No votes cast in favor of a political party, organization, or coalition shall be valid,
except for those registered under the party-list system as provided in this Constitution.
Section 8. Political parties, or organizations or coalitions registered under the party-list system,
shall not be represented in the voters' registration boards, boards of election inspectors, boards
of canvassers, or other similar bodies. However, they shall be entitled to appoint poll watchers in
accordance with law.
Section 9. Unless otherwise fixed by the Commission in special cases, the election period shall
commence ninety days before the day of election and shall end thirty days thereafter.

Section 10. Bona fide candidates for any public office shall be free from any form of harassment
and discrimination.
Section 11. Funds certified by the Commission as necessary to defray the expenses for holding
regular and special elections, plebiscites, initiatives, referenda, and recalls, shall be provided in
the regular or special appropriations and, once approved, shall be released automatically upon
certification by the Chairman of the Commission.
D. THE COMMISSION ON AUDIT
Section 1.
1. There shall be a Commission on Audit composed of a Chairman and two Commissioners,
who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, Certified Public Accountants with not less
than ten years of auditing experience, or members of the Philippine Bar who have been
engaged in the practice of law for at least ten years, and must not have been candidates
for any elective position in the elections immediately preceding their appointment. At no
time shall all Members of the Commission belong to the same profession.

2. The Chairman and the Commissioners shall be appointed by the President with the
consent of the Commission on Appointments for a term of seven years without
reappointment. Of those first appointed, the Chairman shall hold office for seven years,
one Commissioner for five years, and the other Commissioner for three years, without
reappointment. Appointment to any vacancy shall be only for the unexpired portion of
the term of the predecessor. In no case shall any Member be appointed or designated in
a temporary or acting capacity.
Section 2.
1. The Commission on Audit shall have the power, authority, and duty to examine, audit,
and settle all accounts pertaining to the revenue and receipts of, and expenditures or
uses of funds and property, owned or held in trust by, or pertaining to, the Government,
or any of its subdivisions, agencies, or instrumentalities, including government-owned or
controlled corporations with original charters, and on a post- audit basis:

a. constitutional bodies, commissions and offices that have been granted fiscal
autonomy under this Constitution;

b. autonomous state colleges and universities;

c. other government-owned or controlled corporations and their subsidiaries; and

d. such non-governmental entities receiving subsidy or equity, directly or indirectly,

from or through the Government, which are required by law or the granting
institution to submit to such audit as a condition of subsidy or equity.

However, where the internal control system of the audited agencies is inadequate, the
Commission may adopt such measures, including temporary or special pre-audit, as are
necessary and appropriate to correct the deficiencies. It shall keep the general accounts
of the Government and, for such period as may be provided by law, preserve the
vouchers and other supporting papers pertaining thereto.
2. The Commission shall have exclusive authority, subject to the limitations in this Article, to
define the scope of its audit and examination, establish the techniques and methods
required therefor, and promulgate accounting and auditing rules and regulations,
including those for the prevention and disallowance of irregular, unnecessary, excessive,
extravagant, or unconscionable expenditures or uses of government funds and
properties.
Sec. 3. No law shall be passed exempting any entity of the Government or its subsidiaries in any
guise whatever, or any investment of public funds, from the jurisdiction of the Commission on
Audit.

Sec 4. The Commission shall submit to the President and the Congress, within the time fixed by
law, an annual report covering the financial condition and operation of the Government, its
subdivisions, agencies, and instrumentalities, including government-owned or controlled
corporations, and non-governmental entities subject to its audit, and recommend measures
necessary to improve their effectiveness and efficiency. It shall submit such other reports as may
be required by law.

Domino vs. COMELEC G.R. No. 134015, July 19, 1999

Sunday, January 25, 2009 Posted by Coffeeholic Writes
Labels: Case Digests, Political Law

Facts: Petitioner Domino filed his certificate of candidacy for the position of Representative of the
lone legislative district of the Province of Sarangani indicating that he has resided in the
constituency where he seeks to be elected for 1 year and 2 months. Private respondents filed a
petition seeking to cancel the certificate of candidacy of Domino, alleging that Domino, contrary
to his declaration in the certificate of candidacy, is not a resident, much less a registered voter, of
the province of Sarangani where he seeks election. Thereafter, the COMELEC promulgated a
resolution declaring Domino disqualified as candidate for the position of representative of the
lone district of Sarangani in the May 11, 1998 polls for lack of the one-year residency requirement
and likewise ordered the cancellation of his certificate of candidacy based on his own Voters
Registration Record and his addressindicated as 24 Bonifacio St., Ayala Hts., Old Balara, Quezon
City.

Issue: Whether or not petitioner has resided in Sarangani Province for at least 1 year immediately
preceding

the

May

11,

1998

elections

Held: The term residence, as used in the law prescribing the qualifications for suffrage and for
elective office, means the same thing as domicile, which imports not only an intention to reside
in a fixed place but also personal presence in that place, coupled with conduct indicative of such
intention. Domicile denotes a fixed permanent residence to which, whenever absent for
business,

pleasure,

or

some

other

reasons,

one

intends

to

return.

Records show that petitioners domicile of origin was Candon, Ilocos Sur and that sometime in
1991, he acquired a new domicile of choice in Quezon City, as shown by his certificate of candidacy
for the position of representative of the Third District of Quezon City in the May 1995 election.
Petitioner is now claiming that he had effectively abandoned his residence in Quezon City and has
established

new

domicile

of

choice

in

the

Province

of

Sarangani.

A persons domicile, once established, is considered to continue and will not be deemed lost until
a new one is established. To successfully effect a change of domicile, one must demonstrate an
actual removal or an actual change of domicile; a bona fide intention of abandoning the former
place of residence and establishing a new one and definite acts which correspond with the
purpose.
The contract of lease of a house and lot entered into sometime in January 1997 does not
adequately support a change of domicile. The lease contract may be indicative of Dominos
intention to reside in Sarangani, but it does not engender the kind of permanency required to
prove abandonment of ones original domicile. The mere absence of individual from his
permanent residence, no matter how long, without the intention to abandon it does not result in
loss or change of domicile. Thus, the date of the contract of lease of a house and lot in Sarangani
cannot be used, in the absence of other circumstances, as the reckoning period of the one-year
residence requirement. Further, Dominos lack of intention to abandon his residence in Quezon
City is strengthened by his act of registering as voter in Quezon City. While voting is not conclusive
of residence, it does give rise to a strong presumption of residence especially in this case where
Domino registered in his former barangay.