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Suffering for SUFFRAGE
Transcript of Suffering for SUFFRAGE
Current Issues in Philipppine Elections Section 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. Akbayan vs Comelec
Akbayan, representing the youth sector, requested Comelec to provide for a two-day extension for the registration of voters
Comelec denied their request using Sec 8 of RA No. 8189 (No voter’s registration to be conducted within 120 days before the elections)
Hence, Akbayan comes to the Supreme Court claiming the Comelec has undermined their right to vote and Sec 8 of RA No. 8189 is unconstitutional.
W/N Sec 8 of RA No. 8189 is unconstitutional HELD/RATIO
NO. The right to vote is not absolute and must be exercised within the framework of the Constitution and applicable laws providing for procedural and substantive requirements. One of the indispensable procedural requirements is registration.
The aforesaid provision serves to secure the elections against flying- voters, non-qualified registrants and the like.
The petitioners had every opportunity to register, but they were remiss and slumbered on their rights. The broadening of the mass base
First Philippine Election Law (Act No. 1582)
Every male person must be over 23 years of age, has legal residence for a period of six months immediately preceding the election in the municipality in which he exercises the suffrage, not a citizen or subject of any foreign power and must fall within one of the 3 following classes: Must have held some government office (municipal captain, governadorcillo, alcalde, cabeza de barangay, etc.)
Own real property with value of at least 500 pesos or who annually pay thirty pesos or more of established taxes
Speak, read, and write English or Spanish. In the 1935 Constitutional Convention, the debates were primarily centered on women’s suffrage.
In the 1971 Constitutional Convention, there were 3 issues:
Lowering the voting age to 18.
Removal of the literacy requirement.
Legalization of absentee voting Out of the 3 issues, the first and second issues were approved but it retained the other qualifications. Qualifications for suffrage:
Age of 18 years or over
Residence in the Philippines for at least one year preceding the election
Residence in the place wherein they propose to vote for at least six months preceding the election The 1987 Constitution retained these qualifications and has added a provision for absentee voting. Held/Ratio:
In this case, their sudden departure from the country cannot be described as “voluntary” or as “abandonment of residence.” They went into self-exile under fear for their safety, which is perfectly understandable.
Thus, their residence, which is Tolosa, remains the same. It cannot be said that they intended to abandon it in the absence of convincing proof to the contrary.
Romualdez is thus eligible to vote in Tolosa, Leyte. Held/Ratio:
In election cases, domicile and residence are treated synonymously. It imports not only an intention to reside in the place, but also personal presence coupled with conduct indicative of that intention. Domicile denotes a fixed permanent residence to which when absent for business or pleasure, one intends to return.
In order to acquire a new domicile by choice, there must concur:
Residence or bodily presence in the new locality
Intention to remain there (indefinitely)
Intention to abandon the old domicile
Change of residence must be voluntary and the residence at the place chosen for the new domicile must be actual. Term “residence” as used in election law means “domicile”
Not only intention to reside in a fixed place but also personal presence in that place, coupled with conduct indicative of such intention
In order to acquire a domicile by choice, there must concur:
Residence or bodily presence in the new locality;
Intention to remain there and;
Intention to abandon the old domicile
There must be animus non revertendi and animus manendi
The purpose to remain in or at the domicile of choice must be for an indefinite period of time
Acts of the person must conform with his purpose:
The change of residence must be voluntary;
The residence at the place chosen for the domicile must be actual and;
There must be added the animus manendi 5. Residence Qualification Cont. Right to register as a voter exists even before one’s eighteenth (18th) birthday, provided one will be eighteen on the day of voting 4. Age Qualification Citizenship is the essential foundation of the right of suffrage
Not just an assertion of a citizen’s right to vote
Primarily an exclusion of non-citizens from suffrage
Aliens are denied participation in government 3. Citizenship Qualification Facts:
Petitioner, Philip Romualdez, natural born citizen of the Philippines, established his residence in Bgy. Malbog, Tolosa, Leyte sometime in the early 1980s. He served as Bgy. Captain and acted as campaign manager for Kilusang Bagong Lipunan (KBL).
After the EDSA Revolution, fearing for their personal safety, Romualdez together with his immediate family left the Philippines and sought asylum in the U.S. When Romualdez arrived in the Philippines, he did not delay his return to his residence at Leyte and later registered himself as a voter which was allowed by the Chairman of the Board of Election Inspectors.
Respondent Donato Advincula filed a petition to exclude Romualdez from the voters list. Romualdez filed an answer contending he has not abandoned his residence by his physical absence. A. Romualdez v. RTC (1993) Constitution requires residence
“in the Philippines for at least one (1) year and in the place wherein they propose to vote for at least six (6) months immediately preceding the election”
“shall have reside in the Philippines for at least one year”
Residence means domicile
“shall have resided…the place wherein they propose to vote for at least six (6) months”
Residence means either domicile or temporary residence of at least six (6) months 5. Residence Qualification The Court also held that for Election Law purposes, Domicile and Residency synonymous. Thus, when an immigrant or resident alien executes the affidavit stating that he will return to the Philippines, it is presumed that he has not abandoned his domicile in the Philippines.
The Court also added that if ACTUAL or PHYSICAL residency in the Philippines is required, Congress would not have provided for a system of Absentee Voting in the 1987 Philippine Constitution. The Court held that the Absentee Voting Act of 2003 is the exception to the residency requirement.
The law is pursuant to Sections 1 and 2 of Article V which provides that:
“Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law …”
“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 court held that the Section 5(d) of the Absentee Voting Act of 2003 is constitutional.
Section 5(d) disqualifies any immigrant or permanent resident of another country who is “recognized as such in the host country” because such recognition implies the abandonment of a person’s domicile in the Philippines.
However, the same Section also provides that if an immigrant or permanent resident of another country executes an affidavit stating that he will return to the Philippines, he can vote. Held According to Petitioner, the law violates Sections 1 of Article V because it does not follow the residency requirement prescribed by the said Section:
“xxx 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.”
Romulo Macalintal, through a petition of certiorari and prohibition, wants to declare unconstitutional R.A. 9189 or the Absentee Voting Act of 2003.
The Absentee Voting Act of 2003 provides for a system of voting for Filipino citizens working or residing abroad.
According to Section 5(d) of the Absentee Voting Act of 2003, Filipinos residing abroad who are not otherwise disqualified, even immigrants or permanent residents, may vote for the national elections provided that they execute an affidavit stating:
That they will return to the Philippines not later than 3 years from the approval of their voter’s registration under the said Act
That they have not applied for citizenship in a foreign country
Failure or refusal to return w/in the said period shall be penalized by perpetual disenfranchisement Facts Macalintal v Comelec Whether or not the Section 5(d) of the Absentee Voting Act of 2003 violates Sections 1 of Article V. Issue (a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon or granted amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five years after service of sentence.
(b) Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly 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 law: Provided, That he shall regain his right to vote automatically upon expiration of five years after service of sentence.
(c) Insane or incompetent persons as declared by competent authority. Congress may prescribe disqualifications and not qualifications.
Must not be in the form of additional qualifications.
Suffrage, like any political or civil right, may be lost. Disqualifications:
Forfeiture of the Right Prohibited voters of a highly urbanized city from voting for elective provincial officials.
Claimed to have violated their right to suffrage by imposing additional substantial requirement.
Held: City residents had full suffrage rights in the city of their residence. Excluded from provincial elections since highly urbanized cities are outside the jurisdiction of the government of provinces. Ceniza v. COMELEC Legislature is banned from imposing any substantive qualification by express provision of the Constitution.
Example: literacy, ownership of property, payment of tax, sex, race, or color.
Procedural Requirements are allowed.
Regulations designed to ensure the purity of the electoral process.
Ex: registration. Prohibited Qualifications:
Other Substantive Requirements Politicians would manipulate votes of those who could neither read nor write.
Thru the assistor who were allowed to help the illiterates in voting in the polling booth.
Congress called to enact a procedure for illiterates and disabled to vote without assistance of other persons.
Until then, they shall be allowed to vote under existing rules to avoid deprivation of right to suffrage. Secrecy and Sanctity of Ballot Absence of literacy requirement a deterrent to intelligent discussions of issues.
Candidates teach voters how to write their name rather than explaining political issues.
For a strong electoral system, what is needed is not the numbers but the intelligence of voters.
Strong correlation between literacy and ability to make judgment on electoral issues.
Illiterates are exploited by unscrupulous politicians. Arguments Right to vote shall not be dependent upon the wealth of the individual concerned.
Everyone must be afforded equal opportunity for all, rich and poor alike. Prohibited Qualifications: Property Intelligence and capacity to be informed not limited by illiteracy.
Today, majority learn about national matters thru radio and television which are more effective at communicating information.
Disenfranchisement of illiterates will only aggravate their situation since their voices will not be heard. Counterargument Congress can neither add to nor subtract from the exclusive qualifications prescribed by the Constitution.
Removed prohibition to broaden electoral base and to equalize the rights and privileges of people.
Lacked meaningful relationship between elementary education and capacity for intelligent voting. Prohibited Qualifications: Literacy Section 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. SEC. 11. Procedure for Application to Vote in Absentia.
Every qualified citizen of the Philippines abroad whose application for registration has been approved…shall, in every national election, file with the officer of the embassy, consulate or other foreign service establishment authorized by the Commission, a sworn written application to vote in a form prescribed by the Commission.
Every application…may be done personally at, or by mail to, the embassy, consulate or foreign service establishment, which has jurisdiction over the country where he/she has indicated his/her address for purposes of the elections.
Consular and diplomatic services rendered in connection with the overseas absentee voting processes shall be made available at no cost to the overseas absentee voter SEC. 5. Disqualifications.
Lost their Filipino citizenship in accordance with Philippine laws;
Expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country;
Convicted in a final judgment by a court or tribunal of an offense punishable by imprisonment of not less than one (1) year, including…guilty of Disloyalty (Art. 137 of RPC)…automatically acquire the right to vote upon expiration of five (5) years after service of sentence
An immigrant or a permanent resident…in the host country, unless he/she executes, upon registration, an affidavit…declaring that he/she shall resume actual physical permanent residence in the Philippines not later than three (3) years from approval of registration
Declared insane or incompetent by competent authority in the Philippines or abroad…unless…no longer insane or incompetent R.A. 9189 “Overseas Absentee Voting Act of 2003”
SEC. 4. Coverage. – All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen (18) years of age on the day of elections, may vote for President, Vice-President, Senators, and Party-List Representatives. System for absentee voting by
qualified Filipinos abroad R.A. 8189 “The Voter’s Registration Act of 1996”
Policy of the State to systematize the present method of registration in order to establish a clean, complete, permanent and updated list of voters.
SEC. 14. Illiterate or Disabled Applicants. – Any illiterate person may register with the assistance of the Election Officer or any member of an accredited citizen’s arms. System for securing the secrecy and sanctity of the ballot 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 of Elections may promulgate to protect the secrecy of the ballot. Sec. 2 the congress shall provide a (1) system for securing the secrecy and sanctity of the ballot as well as a (2) system for absentee voting by qualified Filipinos abroad. POLI
TICAL DYNASTY Dynasty Enders A petition for review of the decisions of the Supreme Court dismissing the petitions for Mandamus
Not usurpation of powers by the SC of the powers of the Legislature
A determination whether the CONGRESS throughout the 25 years of the existence of Constitution has neglected its duty to pass the Anti-Dynasty law as mandated by the 1987 constitution.
Was there a grave abuse of discretion committed by the Congress for its non-passage?
Court should not use the political question shield if there was GAD Guingona Petition SC dismissed the petition premised on the PRINCIPLE of SEPARATION of POWERS
SC cannot compel a co-equal branch of government such as the legislature to pass a law through Mandamus
An encroachment of Congress and its powers and prerogatives Supreme Court’s Dismissal Denied the application and its subsequent motion for reconsideration
The constitutional provision is not a SELF-IMPLEMENTING provision and requires an enabling legislation from the Congress
Definition of Political Dynasties
Scope and Limitations SC Decision Louis Biraogo filed a petition for MANDAMUS ordering the COMELEC to apply the constitutional prohibition against political dynasties in the Philippines
It was premised on the fact that the Congress throughout the years has failed to prohibit political dynasties
Political dynasties- a mockery of the electoral process Biraogo Petition SB 1317 endorsed by Senator Lim in 2004
SB 1468 endorsed by Senator Lacson in 2007
HB 2493 endorsed by Cong. Casiño in 2007
SB 2649 endorsed by Senator Defensor-Santiago in 2011
*None of which was passed by Congress.
**Who would pass a law that would end Petitions to ban Political Dynasties Article VII, Sec. 52 (c)
Promulgate rules and regulations implementing the provisions of this Code or other laws which the Commission is required to enforce and administer, and require the payment of legal fees and collect the same in payment of any business done in the Commission, at rates that it may provide and fix in its rules and regulations.
COMELEC is empowered to enforce LAWS– up to now, there is still no enabling law prohibiting Political Dynasties Omnibus Election Code Political power flowed from “prominent families” as early as the Spanish Period
Means by the Spanish authorities to control villages by concentrating power to families
Became prominent and influential among the “masa”
Wielded power and authority through time
It is important to note that this is a phenomenon present worldwide
Latin America Historical Background The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.
Article II, Sec. 26 (Declaration of Principles and State Policies) Constitutional Provision A Priest who challenged the Pineda Political Clan in Pampanga.
Won as Governor in the 2007 election.
Challenged the removal of vices in Pampanga such as rampant gambling and corrupt practices.
Faced with several controversies however none of them came to substantive. Fr. Ed Panlilio A Petition for Writ of MANDAMUS was filed by Ricardo Penson ordering the CONGRESS to pass an enabling law to prohibit Political Dynasties Penson Petition Biraogo
Penson Recent Petitions through
People’s Initiative Since there is still no operational and legal definition of political dynasties, political families still continue to dominate and proliferate in Filipino society
Barangay Elections Present Scenario Relevant Constitutional Provision
Omnibus Election Code
People’s Initiative to ban Political Dynasties
Supreme Court’s decision (ban) on People’s Initiative Legal Sources A media personality in Isabela who exposed the corrupt practices of the Dy political dynasty.
Succeeded in winning the gubernatorial race in 2004.
Won the International Women Courage award for her various achievements in the development of Isabela. Grace Padaca Brief History on Political Dynasties Political and Economic power flowed from “prominent families” as early as the Spanish Period
Controlled by small elite class of Mestizos
Means by the Spanish authorities to control villages by concentrating power to families
Became prominent and influential among the “masa”
Wielded power and authority through time
Note however, that this is a phenomenon experienced worldwide
Latin America Americans introduced national and local elections in the early 1900s.
•Those eligible to vote and run in these early elections had to belong to the Elite Class or at least satisfy literacy and property requirements
•This power structure prevalent during the Spanish period prevented the emergence of strong political parties with national platforms.
•Parties did not emerge due to the local concentration of power and their weakness further consolidated the power of elite families
In 1946, Philippines gained independence
•Independence did little to curb the power of local families. Of 98 Congressmen elected in the post-independence congress, 61 had either served under the Americans or came from a family that held power between 1901 and 1941
1987 and Beyond
•A new constitution introduced major changes to the political system reapportioning districts, modifying election terms for both National and Local Offices
•Most importantly, the constitution included a clause guaranteeing equal access to opportunities for public service and prohibiting political dynasties as may be provided by law.
•Nonetheless, many political families that held power in the pre-martial law period were elected to Congress in 1987.
•Marcos cronies and allies remained in power and ran successfully for many years.
•After 25 years however, a dynasty-controlled congress has failed to pass legislation providing a definition for "political dynasty", allowing political families to continue dominating the political sphere and making this constitutional provision practically vacuous. Martial Law
• Marcos' political discourse revolved around the idea of breaking the power of the country's established oligarchy
• To no avail, the Marcos Regime may have liquidated an oligarchy, only to set up a new oligarchy evidenced by the MARCOS CRONIES III. Political Dynasties and the Present
•Solita Collas-Monsod on Political Dynasties, Business World Feb 2013 citing findings of AIM Journal
•The study provided four alternative definitions, with varying degrees of restrictiveness on "Political-Dynasty-Membership" within the HOUSE OF REPRESENTATIVES (15th Congress) using the Family name approach and found :
•Definitions (Most Restrictive to Least Restrictive) A CURRENT REPRESENTATIVE in the 15th Congress:
•DYNASTY 0: Who shares the same family name with another legislator who was a member in the previous Congresses AND another current member of the present Congresses AND past and present official at the local government units elected 2001, 2004, 2007 or 2010.
•DYNASTY 1: Who shares the same last name with at least one other legislator in the 12th, 13th, or 14th Congress
•DYNASTY 2: Who shares the same last name with at least one other legislator in the 12th, 13th, or 14th Congress OR past officials at the local government units (governors, vice governors, mayors and vice mayors) elected in 2001, 2004, or 2007.
•DYNASTY 3: Who shares the same family name with other legislators who served in at least one Congress in the 12th, 13th, 14th or 15th Congresses OR at least one official at the local government units elected between 2001 and 2010. Advantages Disadvantages •Belonging to a political dynasty increases one’s chances of being elected into office
2.Name-recall and recognition
3.Political success allows persons to further expand their network political and economic bases
4.Political Machinery necessary to turn connections into votes
•May provide longer time horizons on which to plan and implement reforms with long-term development objectives
•Could be more inclined to pursue less-populist and long-term development-oriented goals compared to politicians with shorter tenure.
1.Politicians with shorter stints may fail to recognize the full discount rate of the public goods they provide
2.May opt for projects and policies with immediate results, providing less emphasis on promising projects whose returns are only visible in the long term • Increases costs to running thereby reducing potential for competition; Dynasties constrain political competition by effectively excluding most citizens from participating in leadership
• Preventing the majority of the citizenry from effectively communicating their needs to the government could prevent the government from effectively responding to social and economic problems
• Dynasty system highly dependent on Political Patronage System
1. Stronger temptation to use the powers of the state for self-serving interests
2. May skew the selection of political leaders favoring those with influence and prevent the best and the brightest from serving in government
3. 3. May result in sub-optimal policy design and ultimately weaker socio-economic development Historical and contemporary analysis of their role remains superficial
Jose Maria Sison (“small, alien elements”)
Sison’s intellectual hegemony collapsed when the emergence of the emergence of the yellow ribbon opposition movement of manila’s upper and middle class challenged his portrayal of these elites as an insignificant political force
Filipino Biographies are more hagiography than history National History
Sum of its institutional parts – corporations, parties, unions, legislature and executive.
The elite family is a leading actor in the unfolding of the national pageant
Elite families can be seen as both object and subject of history, shaping being shaped by the processes of change ANALYSIS
‘An Anarchy of Families’ :
The Historiography of State
and Family in the Philippines
Alfred W. McCoy Conclusion Family based oligarchies are a significant factor in Philippine History
Relations among these elite families have a discernible influence on the course of Philippine politics
Elite families, organized on complex patterns of bilateral kinship bring a contradictory mix of unified kinship network and volatile factionalism into the political arena
That the interaction between the powerful rent seeking families and a correspondingly weak Philippine state has been synergistic The Weak State Rents – are created when a state gives an entrepreneur an artificial advantage by restricting ‘freedom of entry’ into the market.
By restricting markets through regulation and awarding access to a favored few, states can spark an essentially political competition for such monopolies, a process called rent seeking
Under the republic (1946-72) Philippine presidents used the states licensing power as bargaining chips in their dealings with the national and local elites, thereby creating benefices that favored the dominant political families Filipino Family Voters seem to feel that a candidate with a good name has advantage
Laurels in Batangas
Osmena in Cebu
Cojuangco in Tarlac
Lopez in Iloilo
Internal family battles can bear directly on the country’s local and national politics Filipino Family Filipino family protects its members against all kind of misfortunes since the good name of the family has to be protected”.
Robert Fox describe the Philippines as anarchy of families – political parties have acted as coalitions of powerful families, regimes can become tantamount to the private property of the ruling family, banks were often extension of family income
Bank of Commerce, Cojuangco’s
Manila Bank, Laurel Filipino Family ‘After generations of experience Filipinos have learned to rely upon their families for the sorts of social services that the state provides’
Article 216 of the Philippine Civil Code – family is the basic social institution which public policy cherishes and protects
Article 219 – mutual aid, both moral and material shall be rendered among members of the same family. Judicial and administrative officials shall foster this mutual assistance
Article 2, Section 12, 1986 Philippine Constitution – the State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution Filipino Family Weak state and powerful political oligarchies
After independence in 1946 regional politicians became so powerful that some became known as warlords (using private armies to reinforce their economic and political power) Family
Jean Grossholtz described the family as the strongest unit of society, demanding the deepest loyalties of the individual and coloring all social activity with its own set of demands, communal values of the family are often in conflict with the impersonal values of the institutions of the larger society. The Weak State It is this paradoxical paring of wealth and weakness that opened the sate to predatory rent seeking by politicians. As resources drained from state coffers, the state apparatus weakened and political families gained strength
Aside from capital, principal means of coercion was also not held by the Philippine state in countrysides) the proliferation of arms and a parallel erosion of central authority allowed the rise of provincial politicians known as the warlords
Floro Crisologo – Ilocus Sur
Armando Gustilo and Rafael Lacson – Negros Occidental
Ramon Duran Sr. – Cebu
Mohamad Ali Dimaporo – Lanao del Sur The Weak State Two key elements account for the formation of powerful political families the rise of ‘rents’ as a significant share of the nations economy and a simultaneous attenuation of central government control over the provinces
Privatization of public resources strengthens a few fortunate families while weakening the states resources and its bureaucratic apparatus Filipino Family Catholic church served either colonial state or its institutional interests
What church and state cannot provide the family must Resolution No. 9642
IN THE MATTER OF THE REASSIGNMENT/RESHUFFLING OF THE ELECTION OFFICERS (EO's) IN THE NATIONAL CAPITAL REGION (NCR) FOR PURPOSES OF THE FORTHCOMING MAY 13, 2013 AUTOMATED NATIONAL AND LOCAL ELECTIONS
Promulgation: 20 February 2013 Resolution No. 9604
IN THE MATTER OF CLARIFYING THE INCLUSION IN THE PARTY-LIST RAFFLE OF NEW GROUPS DENIED ACCREDITATION BUT WERE ABLE TO OBTAIN A STATUS QUO ANTE ORDER FROM THE SUPREME COURT
Promulgation: 07 January 2013
Resolution No. 9631
IN THE MATTER OF E.M. NOS. 13-001 & 13-002 RE: LETTERS OF GMA NETWORK AND KBP SEEKING RECONSIDERATION AND CLARIFICATION OF CERTAIN PROVISIONS IN RESOLUTION NO. 9615, AND SOME MINOR CORRECTIONS OF TYPOGRAPHICAL ERRORS THEREIN
Promulgation: 01 February 2013
Resolution No. 9637
RULES AND REGULATIONS ON LOCAL ABSENTEE VOTING IN CONNECTION WITH THE MAY 13, 2013 SYNCHRONIZED NATIONAL, LOCAL, AND ARMM REGIONAL ELECTIONS, AND SUBSEQUENT NATIONAL AND LOCAL ELECTIONS THEREAFTER
Promulgation: 13 February 2013 Resolution No. 9586
IN THE MATTER OF EXERCISING SUPERVISION AND CONTROL OVER THE PHILIPPINE NATIONAL POLICE IN CONNECTION WITH THE MAY 13, 2013 AUTOMATED SYNCHRONIZED NATIONAL, LOCAL AND ARMM REGIONAL ELECTIONS
Promulgation: 18 December 2012
Resolution No. 9601
IN THE MATTER OF CLARIFYING SECTION 5 OF RESOLUTION NO. 9561-A OTHERWISE KNOWN AS THE "RULES AND REGULATIONS ON: (1) THE BAN ON BEARING, CARRYING OR TRANSPORTING OF FIREARMS OR OTHER DEADLY WEAPONS; AND (2) THE EMPLOYMENT, AVAILMENT OR ENGAGEMENT OF THE SERVICES OF SECURITY PERSONNEL OR BODYGUARDS DURING THE ELECTION PERIOD FOR THE MAY 13, 2013 AUTOMATED SYNCHRONIZED NATIONAL, LOCAL ELECTIONS AND ARMM REGIONAL ELECTIONS, AS AMENDED
Promulgation: 27 December 2012 Resolution No. 9371
RULES AND REGULATIONS ON DETAINEE REGISTRATION AND VOTING IN CONNECTION WITH THE MAY 13, 2013 NATIONAL AND LOCAL ELECTIONS AND SUBSEQUENT ELECTIONS THEREAFTER
Promulgation: 06 March 2012
Resolution No. 9485
RULES AND REGULATIONS FOR VOTING OF PERSONS WITH DISABILITIES (PWDs) AND FOR THE ESTABLISHMENT OF ACCESSIBLE POLLING PLACES IN CONNECTION WITH THE MAY 13, 2013 NATIONAL AND LOCAL ELECTIONS
Promulgation: 29 June 2012
Resolution No. 9584
IN THE MATTER OF REQUESTING THE HONORABLE SECRETARY OF JUSTICE TO ASSIGN PROSECUTORS AS MEMBERS OF A SPECIAL TASK FORCE CREATED BY THE COMMISSION TO CONDUCT THE INVESTIGATION ' AND PROSECUTION OF ELECTION OFFENSES IN CONNECTION WITH THE MAY 13, 2013 AUTOMATED SYNCHRONIZED NATIONAL, LOCAL AND ARMM REGIONAL ELECTIONS
Promulgation: 18 December 2012 COMELEC Resolutions for the
2013 Elections DAGDAG-BAWAS-increasing /decreasing the votes garnered by a candidate
ELECTORAL SABOTAGE-increase/decrease is more than 10,000 votes or is more than 5,000 votes and it affects the result of the elections Substituting any election form, or document, or ballot box which contains official ballots or other documents
Failure to properly preserve or account for any ballot box, documents and forms Propagating false and alarming information or circulating false orders and messages
Done to disrupt or obstruct the election process or cause confusion among the voters Participating directly or indirectly in the distribution of any relief or other goods to the victims of calamity or disaster during the campaign period
Candidate and his/her spouse or any member of his/her family within the 2nd civil degree by affinity or consanguinity are not allowed to participate Intervention of public officers and employees in election-related activities
Intervention of public officers in any election campaign or the act of engaging in any partisan political activity, except to vote or to preserve public order Coercion of Election Officials and Employees
Directly or indirectly threatening, intimidating, terrorizing or forcing any election official or employee in the performance of his election functions or duties Allowing another to prepare one’s ballot
Availing of any means or scheme to discover the contents of the ballot of a voter
Using a ballot other than the one given by the board of election inspectors Double/Multiple Voting
Voting of non-registered person
Voting in substitution for another Removal of CERTIFIED VOTERS LIST
Transferring to another list the name of a registered voter from the official list of voters posted outside the polling place
Omitting the name of a registered voter from the official list of voters posted outside the polling place Using of PUBLIC FUNDS and GOVERNMENT PROPERTIES for election campaign ELECTIONEERING-soliciting votes or undertaking any propaganda on the day of the election Transfer of officers and employees in the civil service during election period
Any transfer or detail of any officer or employee in the civil service including public school teachers, within the election period is prohibited except upon prior approval of the Commission Appointment of new employees, creation of new positions, promotion or giving salary increases prohibited
This is prohibited during the period of 45 days before a regular election and 30 days before a special election Carrying of DEADLY WEAPONS during election period and the VIOLATION of the GUN BAN Vote BUYING and Vote SELLING MOST COMMON ELECTION LAW VIOLATION COMPLAINTS Ty’s intent to establish a new domicile of choice in Barangay 6 became apparent when, immediately after reacquiring his Philippine citizenship on 2 October 2005, he applied for a Philippine passport indicating in his application that his residence in the Philippines was Barangay 6. For the years 2006 and 2007, Ty voluntarily submitted himself to the local tax jurisdiction of the Municipality of General Macarthur, Eastern Samar, by paying community tax and securing CTCs from the said municipality stating therein his address as Barangay 6. Thereafter, Ty applied for and was registered as a voter on 17 July 2006 in Precinct 0013A, Barangay 6. Domicile of origin & domicile of choice
In Coquilla, the Court acknowledged that for an individual to acquire American citizenship, he must establish residence in the USA. Since Ty himself admitted that he became a naturalized American citizen, then he must have necessarily abandoned Barangay 6 as his domicile of origin; and transferred to the USA, as his domicile of choice.
Ty’s reacquisition of his Philippine citizenship under RA 9225 had no automatic impact or effect on his residence/domicile. The length of his residence in Samar shall be determined from the time he made it his domicile of choice, and it shall not retroact to the time of his birth. ISSUE:
W/N Ty complied with the one year residency requirement under the Local Government Code Ty admits that he did lose his Philippine citizenship when he was naturalized as a US citizen.
However, prior to the election, Ty had successfully reacquired his Filipino citizenship as shown by his act of executing an Oath of Allegiance to RP and a duly notazaried Renunciation of Foreign Citizenship. Japzon averred that:
Ty is a US citizen and had been residing in the USA for the last 25 years.
When Ty filed his Certificate of Candidacy he falsely represented therein that he was a resident of Barangay 6, Poblacion, General Macarthur, Eastern Samar for one year before 14 May 2007 and was not a permanent resident or immigrant of any foreign country.
Ty never actually resided in Barangay 6 for a period of one year immediately preceding the date of election as required under Section 39 of LGC
Reacquisition of citizenship does not automatically establish his domicile at Barangay 6.
He had also failed to renounce his foreign citizenship as required by Republic Act No. 9225, or the Citizenship Retention and Reacquisition Act of 2003 Doctrine of Necessary Implication (StatCon):
Sen. Angara: “…the reason Sec. 2 of Art. V was placed immediately after the six-month/one-year residency requirement is to demonstrate unmistakably that Sec. 2 which authorizes absentee voting is an exception to the six-month/one-year residency requirement.”
Sec. 1 of Art. V prescribes the residency requirement as a general eligibility factor for the right to vote, while Sec. 2 authorizes Congress to devise a system wherein an absentee may vote, implying that a non-resident may, as an exception to the rule, be allowed to vote ISSUE:
W/N dual citizens may exercise the right to suffrage as absentee voters even without having complied with the 1-year residency requirement Phil. Embassy in the US advised petitioners that, per a COMELEC letter to the DFA, they have yet no right to vote owing to their lack of the one-year residence requirement prescribed in Art. 5, Sec. 1 of the Constitution
Petitioners were not able to register let alone vote in the 2004 elections HELD/RATIO:
YES, he did.
The term "residence" is to be understood not in its common acceptation as referring to "dwelling" or "habitation.” It is animus manendi coupled with animus non rivertendi
Also under Section 5 of RA 9225, a dual citizen shall enjoy full civil and political rights and if such citizen wants to run for public office, he must:
1. have the necessary qualifications provided by law and the Constitution
2. make a personal and sworn renounciation of any foreign citizenship. Ty had also complied with the 1-year residencey rule as shown by the following:
CTC from Barangay 6 (March 2006)
Passport indicating that his residence is in Barangay 6 (Oct 2005)
Registered voter at Brgy 6 (July 2006)
The COMELEC First Division and en banc both ruled in favor of Ty Petitioner Manuel Japzon and private respondent Jaime S. Ty ran for Mayor of the Municipality of General Macarthur, Eastern Samar in the local elections of 14 May 2007
Japzon instituted before the COMELEC a Petition to disqualify and/or cancel Ty’s Certificate of Candidacy on the ground of material misrepresentation Japzon v. Comelec If residency is required of overseas voters or dual citizens, then it is legally and constitutionally impossible to give a franchise to vote to overseas Filipinos who do not physically live in the country, which is exactly what Sec. 2 of Art. V requires Congress to provide HELD/RATIO:
R.A. 9225, in implicit acknowledgement that “duals” are most likely non-residents, grants under its Section 5(1) the same right to suffrage as that granted an absentee voter under R.A. 9189
R.A. 9189 aims to enfranchise as much as possible all overseas Filipinos who, save for the residency requirement exacted of an ordinary voter in ordinary conditions, are qualified to vote
Constitutionality of R.A. 9189 affirmed in Macalintal FACTS:
Petitioners are dual citizens by virtue of R.A. No. 9225, the Citizenship Retention and Re Acquisition Act of 2003
Before the May 2004 elections, petitioners sought registration and certification as “overseas absentee voters” pursuant to R.A. 9189, the Overseas Absentee Voting Act of 2003 Nicolas-Lewis v. Comelec