Defined simply, suffrage is the right to vote. It can be for elections, to choose leaders of the people or to determine the majority’s will in questions submitted for the decision of the people like plebiscites, referendums, initiatives, and recall.  

Regular elections are those provided by law to fill certain positions after the expiration of the full term of former officers. It can be local or nationwide. Special elections, on the other hand, refers to those elections held before the expiration of the full term of the officer concerned.

Suffrage may also be exercised for plebiscites, referendums, initiatives, and recall.  

1. Referendums refer to the power of the people to approve or reject a legislation through an election [Sec. 3(c), R.A. No. 6735]. 
2. Initiatives propose and enact legislation through an election called for that purpose [Sec. 3(c), R.A. No. 6735].  
3. Plebiscites refer to initiatives concerning amendments to the Constitution [Sec. 3(e), R.A. No. 6735]. 
4. Recall is the termination of official relationship of a local elective official for loss of confidence prior to the expiration of their term through the will of the electorate [Sec. 69, Local Government Code].

All of these involve the right to vote of citizens. Overall, these mechanisms collectively serve as vital instruments that strengthen a nation’s democratic framework by promoting active citizen participation, ensuring government accountability, upholding democratic principles such as popular sovereignty and checks and balances, and bridging the gap between the government and the governed, ultimately fostering a more responsive and inclusive democracy where citizens have a direct role in shaping their nation’s policies and future.

The eligibility for voting, which outlines who can participate in elections, is a fundamental element of democratic engagement. It empowers citizens to have a role in shaping their government, from choosing leaders to influencing policies. By establishing criteria like age, citizenship, and residency, it guarantees that those who vote are informed and responsible, upholding democratic values and the credibility of the government. Eligibility fosters a diverse and engaged electorate, which is essential for the effective functioning of a democracy.

Can everyone vote? No, it is only for qualified citizens of the Philippines. Foreigners living in the Philippines, despite the length of time they may be residents in the country, are not allowed political participation.

Filipino citizens have to pass the qualifications provided in Article V, Sec. 1 of the 1987 Constitution before they can exercise their right to vote. The Constitution enshrines principles of equality, fairness, and representation, ensuring that voting rights are protected and extended to all eligible citizens. 

By doing so, it safeguards the integrity of the electoral process, upholds democratic values, and secures the people’s right to have a say in their government and its policies. The Constitution’s provisions on voting rights serve as the cornerstone of the Philippine democratic system, ensuring that the electoral process remains transparent, inclusive, and accountable. 

According to this section, suffrage may be exercised by: 

• All citizens of the Philippines, by birth or naturalization, ensure that those participating in elections have a genuine and vested interest in the nation’s future and are accountable to its laws and regulations.
• Not disqualified by law, to protect the integrity of the democratic process, maintain the credibility of election results, and ensure that those who participate in the electoral system are qualified to do so in accordance with the rule of law and democratic principles.
• At least eighteen years of age, to ensure  that voters make mature decisions in choosing political leaders, as well as vote on social issues based on a sufficiently experienced perspective.
• Shall have resided in the Philippines for at least one year immediately preceding the election.
• Shall have resided in the place wherein they propose to vote for at least six months immediately preceding the election, to guarantee that they are situated in the community and are aware of local and national issues prior to the elections.

Congress may impose additional requirements on the right to vote. However, they are not allowed to impose those related to literacy, property, or other substantive requirement, as these usually translates to socioeconomic conditions which can affect poor people and underprivileged communities disproportionately, when it has little to do with, “the right of a citizen to intelligently cast his vote and to further the public good”.

Even if one has all the qualifications to vote, one must also not be disqualified to vote. These disqualifications can be temporary, meaning once a person has all of the qualifications and none of the disqualifications, they can vote again. The following are disqualified from exercising their right to suffrage:

• An individual sentenced by final judgment to suffer imprisonment of not less than 1 year. However, after 5 years, said individual reacquires the right to vote after service of sentence, or unless pardoned or enters into amnesty.
• An individual who commits crimes against national security and patrimony, including rebellion, sedition, et cetera. Similarly, after five years of service of sentence, the individual can now submit their registration again to vote.
• Insane or incompetent persons. In this instance, incompetence refers to people who are incapacitated to make decisions for themselves, including people with severe psychological or developmental disorders and disabilities. 

Real-life examples of those disqualified to vote include:

• Those in prison for crimes including murder, rape, and robbery.  Their commitment of a crime and being given final sentence by the court cancels their right to vote.
• Those in mental asylums and psychiatric hospitals suffering from severe disorders which impair their ability to make decisions for themselves. Letting them take part in the election may be a source of electoral malpractice especially if they are coerced or coached on whom to vote.

Filipinos abroad can vote too by virtue of R.A. 9189 or the 2003 Overseas Absentee Voting Act. In addition to being citizens, they must also be at least 18 years old, abroad on the day of the election, and not otherwise disqualified by law. Note, however, that they can only vote in elections for president, vice president, senators, and party-list representatives, as well as in all national referenda and plebiscites, but not in local elections, referendums, and initiatives.

Absentee voting plays a crucial role in democratic participation by allowing citizens living outside their home country to cast their votes in their nation of origin. The principle behind overseas voting is rooted in the preservation of citizenship rights and the recognition of the global mobility that characterizes the modern world. It ensures that citizens who have temporarily or permanently relocated can still exercise their right to vote, regardless of their geographical location. Significantly, overseas voting maintains citizen engagement in several ways. It preserves civic participation by affirming that citizenship is not constrained by borders, fostering accountability among leaders, promoting diversity in political perspectives, upholding democratic values such as inclusivity and representation, and enhancing civic education.

The Supreme Court notes, in People v. Corral, that:

The right to vote is not a natural right but is a right created by law. Suffrage is a privilege granted by the State to such persons or classes as are most likely to exercise it for the public good.

It also states that registration “does not confer the right to vote but it is a condition precedent to the exercise of the right.”

This means that the individual seeking to vote must first be registered with the Commission on Elections. They do this in the city or municipality where they reside. If they are found to possess all of the qualifications and none of the disqualifications, their names are approved by the Election Registration Board and entered into the book of registered voters.

In summary, voter registration in the Philippines serves as a fundamental prerequisite for the democratic process, ensuring that eligible citizens are properly identified, organized, and prepared to participate in elections while preserving the integrity and privacy of the electoral system. It serves as a safeguard against fraud, multiple voting, and voter suppression.

The voter registration process in the Philippines involves several steps:

1. Fill out a Voter Registration Application form: This step is indeed the initial stage where an individual fills out the application form provided by the Commission on Elections (COMELEC).
2. Undergo biometrics capturing (photo, fingerprints, signature): This step involves the capture of biometric information, including a photograph, fingerprints, and signature, which is used for identity verification.
3. Submit the application to the COMELEC: After completing the application form and biometrics capturing, the applicant submits the form to the COMELEC office.
4. COMELEC processes and reviews the application: The COMELEC reviews the submitted applications to ensure they meet the eligibility requirements for voter registration.
5. A list of voters is posted for review: Once the applications are processed, the COMELEC posts a list of voters for public review. This allows individuals to check if their names are included and to raise any concerns or objections regarding the list.
6. The Election Registration Board (ERB) approves applications: The Election Registration Board (ERB) is responsible for approving or disapproving voter registration applications based on the COMELEC’s recommendations and public feedback.
7. Approved applicants are included in the registered voters’ list: Those whose applications are approved by the ERB are included in the official list of registered voters.
8. Registered voters receive a Voter’s ID and an Acknowledgment Receipt for voting: In the past, registered voters were issued a Voter’s ID. However, as of my last update, the issuance of Voter’s IDs has been suspended, and voters are provided with an Acknowledgment Receipt instead. This receipt serves as proof of registration and can be used during elections.

With R.A. No. 10367 or the Biometrics Law of 2013, registered voters must first comply with biometrics validation requirements. This means taking their fingerprints to match their identity. 

Registration is generally open at any time, except:

1. 120 days before a regular election
2. 90 days before a special election 

The Election Registration Board (ERB) reviews the applications for completeness and accuracy. The ERB is responsible for approving or disapproving applications. It ensures that the qualifications and disqualifications for voter registration are properly observed.

If the voter registration application is approved, the applicant’s name is included in the registered voters’ list. This list is used during the upcoming elections, allowing the registered voter to cast their ballot in the designated precinct.

Special provisions are also in place for illiterate or physically disabled voters, to be assisted by the Election Officer or any member of an accredited citizen organization. For the latter, they can also be assisted by any relative within the 4th civil degree of consanguinity or affinity. For example, a blind person can be accompanied by their brother or sister in order to cast their vote.  

Registered voters can also be “deactivated” upon a number of grounds. This includes acquiring any of the disqualifications as mentioned above, as well as:

1. failure to exercise the right to vote in the 2 successive preceding regular elections;
2. registration has been ordered excluded by the Courts;  and,
3. loss of Filipino citizenship.

However, once the grounds for the deactivation no longer exist, the individual can file for reactivation again.

Every elective position has certain requirements for its aspiring candidates. These requirements are essential for ensuring fair and qualified representation in the government. Qualifications help maintain the integrity of the democratic process, uphold legal and constitutional standards, and ensure that candidates are competent and committed to serving the best interests of the public. They also prevent potential conflicts of interest, preserve the credibility of elections, and promote the accountability and effectiveness of elected officials.

For the Executive positions

The President and Vice President must be:

1. a natural-born citizen.
2. a registered voter.
3. able to read and write.
4. at least 40 years old on the day of the election.
5. a resident of the Philippines for at least 10 years immediately preceding election day.

For the Legislative positions

The Senators, they must be: 

1. a natural-born citizen.
2. at least 35 years old on election day.
3. able to read and write.
4. a registered voter.
5. a resident of the Philippines for at least 2 years immediately preceding election day.

Members of the House of Representatives must be:

1. a natural-born citizen.
2. at least 25 years old on election day.
3. able to read and write.

For the Local Government positions:

1. citizen of the Philippines.
2. on the day of election at least 23 years old for Governor, Vice-Governor, Member of Sangguniang Panlalawigan, Mayor, Vice Mayor, Sangguniang Panglungsod in highly urbanized cities; while at least 21 years old for the said officials in component cities and municipalities; at least 18 years old for members of the Sangguniang Panglungsod, Sangguniang Bayan and Sangguniang Barangay and Punong Barangay; at least 15 years old and not more than 21 years of age for Sangguniang Kabataan.
3. able to read and write Filipino or any other local language or dialect.
4. registered voter in the constituency in the locality.
5. resident thereof for a period of not less than 1 year immediately preceding the day of the election.

In addition, for representatives of legislative districts, they must be a registered voter in the district in which they shall be elected, and also a resident thereof for not less than one year immediately preceding election day. This requirement does not apply to party-list representatives.

Local government officials also have different qualifications and requirements depending on their position. 

As long as individuals can comply with these basic requirements, COMELEC should consider their certificates of candidacy. Discrimination based on the amount of winnability of a candidate, especially based on perceived lack of financial capability to campaign, is prohibited. 

The Supreme Court reminds us this: 

Since sovereignty resides in the people, it is necessarily implied that the right to vote and to be voted should not be dependent upon a candidate’s wealth. Poor people should also be allowed to be elected to public office because social justice presupposes equal opportunity for both rich and poor. […] No person shall, by reason of poverty, should be denied the chance to be elected to public office.

Interestingly, there are also no educational requirements to run for public office in the Philippines. This is why famous individuals who have no prior education or experience related to public administration and management have managed to gain nationally-elected positions. This includes actors and athletes such as former Presidential front-runner Fernando Poe Jr. and Senator Manny Pacquaio, among many others.

The 1987 Constitution authorizes the existence of political parties. 

Sec. 6, Art. IX-C. A free and open party system shall be allowed to evolve according to the free choice of the people.

After all, political parties ideally help provide a framework of ideologies by which individuals can identify with particular political beliefs. R.A. 7941 defines political parties as “an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates certain of its leaders and members as candidates for public office.” B.P. Blg. 881 defines it more simply as “an organized group of persons pursuing the same ideology, political ideas or platforms of government and includes its branches and divisions.”

Interestingly, the Constitution also notes that: 

Sec. 7, Art. IX-C. No votes cast in favor of a political party, organization, coalition shall be valid, except for those registered under the party-list system.

The party-list system proposes a similar-sounding, but technically different, concept. Party-lists exist independently of political parties. The party-list is a technical term, enabling groups and coalitions to become members of the House of Representatives. It was originally envisioned to represent Filipino citizens belonging to marginalized and underrepresented sectors, organizations, and parties, and who lack well-defined political constituencies. 

Political parties, whether they be national, regional, or sectoral, must be registered with the COMELEC in order for them to be recognized as  legal entities and have rights and duties under the law. 

Registration of Political Parties with COMELEC (Commission on Elections).

In the Philippines, political parties must register with the COMELEC to be officially recognized and participate in the electoral process. 

The process involves several requirements and criteria, which can be summarized as follows:

Requirements for Registration:

• Constitution and By-Laws: Political parties must have a constitution and by-laws that define their organizational structure, membership, objectives, and other essential details.
• List of Officers: A complete list of party officers, including the national chairman/president, vice chairman/vice president, and other key members of the party’s national executive committee, must be provided.
• List of Members: Parties should submit a list of at least 2% of the total voting population in at least one-third of the regions in the Philippines. These individuals should be members of the party, and the list serves as evidence of a nationwide presence.
• Platform or Advocacy: Political parties are required to present their platform, principles, and advocacies to demonstrate their political ideology and policy goals.
• Petition: Parties need to submit a petition for registration signed by all founding members.

Criteria for Registration:

The COMELEC evaluates the registration of political parties based on the following criteria:

• Ideological Platform: Parties should have a clear and coherent ideological platform or set of principles that guide their actions and policies.
• Nationwide Presence: To qualify, parties must demonstrate that they have a presence in at least one-third of the regions in the Philippines, as evidenced by the list of members.
• Constitutional Compliance: The party’s constitution and by-laws must conform to the Constitution of the Philippines and comply with electoral laws.
• Sincerity and Legitimacy: The COMELEC assesses the sincerity and legitimacy of the party’s objectives and activities.

Recognition as a Legal Entity:

Once registered with the COMELEC, a political party is recognized as a legal entity with certain rights and duties, including:

• Right to Participate in Elections: Registered political parties have the right to field candidates in national and local elections, such as presidential, senatorial, congressional, and local government elections.
• Access to Campaign Funds: Recognized parties may access campaign funds and public resources allocated for political parties based on their performance in previous elections.
• Official Ballot Inclusion: Registered parties have the right to have their candidates’ names included on the official ballots during elections.
• Representation: Parties with elected officials can participate in legislative processes and represent their members’ interests.
• Accountability: Recognized political parties are also subject to certain regulations and reporting requirements. They must adhere to campaign finance laws and transparency regulations.

In essence, registration and recognition as a legal entity grant political parties the ability to engage in the democratic process, run for office, and represent the interests of their members. It is a formal acknowledgment of their existence and allows them to fully participate in the political landscape of the Philippines.

Groups which cannot be registered as political parties include religious denominations and sects, those which seek to achieve their goals through violence or unlawful means, those which refuse to uphold and adhere to the Constitution, or those supported by foreign governments. Additional grounds for refusal to be registered with the COMELEC are also prescribed by law.

The general rule is that membership in a political party is not required for public office.

The participation of political parties are banned in the barangay elections, due to the potential partisan bias in the impartial discharge of duties in the most basic of the Philippine political and social structure.

The political party system in the Philippines has many criticisms, being described as weak due to intra-party competition, shifting alliances and no real political and social stance. An example is illustrated above, where some politicians change political parties with relative ease. This has been called a danger to democracy and one of the greatest challenges of Philippine politics today.  This poor system is credited with stunted governance leadership and an insult to democracy, hence the call for reforms. 

This is a typical structure of a political party in the Philippines:

This understanding of running for an election serves as the gateway to political participation, where individuals seek to represent the diverse voices and aspirations of the Filipino people in various levels of government. This comprehension not only empowers potential candidates and voters but also reinforces the foundation of a robust and accountable democracy, where informed choices are made, and the people’s interests are duly represented in the halls of government. In this context, delving into the process of running for public office in the Philippines is an exploration of the very essence of democracy, where citizens exercise their right to shape the nation’s future through the selection of their leaders.

Filing of Certificate of Candidacy

First, aspiring public officials must file a sworn certificate of candidacy any day during the election period but before the commencement campaign period, personally or through a duly authorized representative.

Politicians cannot run to more than one office at a given election. Filing for more than one makes them ineligible for either unless they duly cancel it before the expiration of the period to file certificates of candidacy.

If the person who files is an appointive public officer, a member of the Armed Forces of the Philippines or an executive of a government-owned and controlled corporation, then they shall be automatically considered resigned from their office. This provision aims to ensure that candidates running for elective positions can fully commit to their campaigns and potential roles in public office without any conflict of interest or divided loyalty. It is a mechanism to promote transparency, accountability, and the integrity of the electoral process, emphasizing that those who seek elective positions should do so with a clear dedication to their new roles and responsibilities, free from any potential bias or influence tied to their prior appointments or affiliations. The same is not true for elective officials, who continue to exercise their rights of office until the expiration of their term.

Interestingly, any mass media columnist, commentator, announcer, reporter, on-air correspondent, or personality who is a candidate for any elective public office, or works with one, shall be deemed resigned or is forced to take a leave of absence during the entirety of the campaign period.

COMELEC can also refuse to give due course or cancel a certificate of candidacy for individuals who make a mockery of the election process, causing disrepute or confusion due to similarity of names. The same is true for people who are shown to have no true intention to run for the public office for which their candidacy has been filed. These are known as nuisance candidates.

Those who make false and material misrepresentations affecting the right of the candidate to run for public office, with intent to deceive, shall also have their certificate of candidacy not given due course or cancelled.

Campaigning

The general rule is that the campaign period shall begin 90 days before the day of the election and shall end 30 days thereafter [Art. IX-C, Sec. 9, Const.].  The exception applies only in special cases, whereby COMELEC shall assign the dates. This rule applies to the President, Vice President, and Senators, while for the Members of the House of Representatives and elective local government officials, they are given 45 days to campaign.

The election campaign is otherwise known as partisan political activity. People are prohibited from engaging in this are the following:

1. Civil service officers and employees
2. Members of the military
3. Members of the board of election inspections 
4. Foreigners

The prohibition is driven by the need to maintain political neutrality, prevent conflicts of interest, preserve the integrity of institutions, avoid the militarization of politics, protect against the misuse of state resources, and enhance public trust. These measures aim to ensure that public servants prioritize their official duties and responsibilities above political affiliations and partisan campaigns, thereby upholding the principles of good governance and democracy.

Before the campaign period, partisan political activity is prohibited and if committed, is considered an election offense.  Additionally, campaigning is banned on the following days:

1. Maundy Thursday
2. Good Friday
3. Eve of Election Day, and
4. Election Day

The law also provides that candidates be given equal access to media time and space, hence media companies must submit their logs to COMELEC for review.

Private individuals, institutions, organizations, and corporations can contribute to political campaigns. However, a number of them are generally prohibited, including financial institutions, contracted government suppliers, public utility operators, grantees of franchises (including GOCCs), et cetera, in order to avoid conflict of interest. Foreigners and foreign corporations, officials or employees in the Civil Service, and members of the Armed Forces of the Philippines are also prohibited from contributing to campaign funds.

A number of fund-raising activities are also banned, including lotteries, dances, games, cockfights, beauty contests, and the like.

The Presidential and Vice Presidential candidates can spend only a maximum of P10.00 per every registered voter, with other candidates limited to either P5.00 or P3.00 per every registered voter, usually anchored on the locality where they filed. 

Post-Elections

Within 30 days after the election, the candidate and treasurer of the political party must file with COMELEC a complete Statement of Contribution and Expenses, to ensure that the candidate did not overspend. 

Should a violation of election laws occur, COMELEC generally has exclusive jurisdiction to investigate and prosecute cases involving election laws, while Regional Trial Courts have exclusive original jurisdiction to try and decide criminal actions related to elections. 

Two observations

First, thus far, there are no specific initiatives from the government to prevent the spread of misinformation. However, we as citizens can remedy this by consistent fact-checking and critical thinking. This has given specific individuals extreme advantage over fellow candidates through well-placed propaganda machinery. This undermines the Philippine election process, especially the more recent ones, taking advantage of the poorly-educated populace to propel incompetent politicians and convicted plunderers to power. 

Second, there is no publicly available data on the rate of conviction of election-related offenses. Unfortunately, criminal laws related to elections, if they are not strictly implemented, shows how democratic processes can be abused, to the extreme disadvantage of the Filipino people.  

The concept of failure of elections serves as a safety net, permitting appropriate actions to be taken when major problems arise during an election. By understanding the concept of a failure of elections, citizens, electoral authorities, and policymakers gain insight into the procedures and criteria that trigger such a declaration, reinforcing the fundamental principles of a just and accountable democracy. This is based on maintaining the transparency and integrity of the democratic process.

A failure of elections means that elections have not been held, or that it has been suspended, due to force majeure, violence, terrorism, fraud, or other analogous causes.  An example would be a strong typhoon, or a volcanic eruption, which prevented people from a specific locale from voting. Extreme gun violence and threats of danger which make people afraid to go out and vote can also be considered to determine failure of elections.

In this case, the COMELEC en Banc will call for a special election as provided for in the Omnibus Election Code. This shall be held as close to the original date as possible, and within 30 days from the cessation of the cause of the postponement or suspension.

A failure of elections is not the same as a pre-proclamation controversy and an election protest.

A pre-proclamation controversy involves questions regarding the composition and procedure of the board of election canvassers, including canvassed election returns with material defects. COMELEC will investigate the matter and issue rulings as required.  Note that this is not applicable to the President, Vice-President, Senators, and Members of the House of Representatives, considering that they have their respective independent electoral tribunals.

The functions of Independent Electoral Tribunals are as follows::

• Adjudication of Election Disputes: Electoral tribunals are responsible for hearing and resolving disputes related to the results of presidential, vice-presidential, senatorial, and congressional elections. This includes cases involving alleged irregularities, fraud, and violations of election laws.
• Protection of Voting Rights: These tribunals safeguard the voting rights of citizens by investigating and addressing complaints of voter disenfranchisement or violations of election rules. This function is crucial in ensuring that the democratic principles of universal suffrage and equal representation are upheld.
• Interpretation and Application of Election Laws: Electoral tribunals interpret and apply relevant election laws, regulations, and constitutional provisions. Their decisions are based on legal principles and established rules, preventing arbitrary actions or political interference.

On the other hand, an election protest is:

…a contest between the defeated and winning candidates on the ground of frauds or irregularities in the casting and counting of the ballots, or in the preparation of the returns. It raises the question of who actually obtained the plurality of the legal votes and therefore is entitled to hold the office.

The table above is an oversimplification of terms. In reality, they are highly technical terms in election law which are in place aiming to ensure that there are legal checks and balances in the election process, and that all candidates are given due process before, during, and after this period.

After an election, the transition of power to newly elected officials, such as the President, Senators, and Members of the House of Representatives, is a critical aspect of governance. A smooth transition is essential for continuity and the effective functioning of the government. The post-election period is when elected officials are held accountable for their promises and actions. Citizens and the media closely monitor their performance, pushing for transparency and accountability in government. The post-election period often sees increased citizen engagement, as people continue to participate in democratic processes, voice their concerns, and hold elected officials accountable through various means, including rallies, protests, and civic activism.

National elections for the President, Vice President happen every six years. The election for Senators, Members of the House of Representatives and all local government officials occurs every three years.

Losing candidates cannot be appointed to any governmental office within one year after such an election. Elected officials during their tenure are ineligible for appointment or designation in any capacity to any public office or position, unless they forfeit their seat.  This means, for example, that a Senator cannot be a Member of the Presidential Cabinet, or a Governor of a province the head of a Constitutional Commission. They must only choose one.

In most cases, politicians are preparing for the next cycle of elections, lending a new color to the concepts of ‘sustainability’ and ‘resiliency’ in public office. Meanwhile, the system remains with all its glaring legal flaws, including provisions that allow those in power to remain in power and escape liability and the lack of law to counter vote buying and political dynasties. 

On March 8, 2023, the COMELEC held a 3-day Election Summit.  During this summit the Comelec has brought up the following election issues, a proposal to make voter registration online, a proposed shift to a hybrid election system, the future of vote-counting machines owned by the Comelec, digitizing the submission of candidates’ statement of contributions and expenditures, possible online filing of certificate of candidacy, proposed integration of Comelec’s training schedule of teachers, who serve as poll workers, into the calendar of activities of the Department of Education, and the integration of voter education in school and university curriculum. Only time can tell if the electoral reforms currently being forwarded hold the key to the potential of the Philippines that only true democratic processes can unlock.