1. Voter Qualification and Disqualification (See also RA 8189, Secs. 9 and 11)

A. Suffrage

• Qualifications and Disqualification of Voters
• Registration and Deactivation of Voters
• Inclusion and Exclusion Proceedings
• Local and Overseas Absentee Voting
• Detainee Voting

1987 CONST., art. V, sec. 1; R.A. No. 8189, secs. 9 and 11

> art. V, sec. 1 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.

> R.A. No. 8189, secs. 9 and 11

Section 9. Who may Register. All citizens of the Philippines not otherwise disqualified by law who are at least eighteen (18) years of age, and who shall have resided 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, may register as a voter.

Any person who temporarily resides in another city, municipality or country solely by reason of his occupation, profession, employment in private or public service, educational activities, work in the military or naval reservations within the Philippines, service in the Armed Forces of the Philippines, the National Police Forces, or confinement or detention in government institutions in accordance with law, shall not be deemed to have lost his original residence.

Any person, who, on the day of registration may not have reached the required age or period of residence but, who, on the day of the election shall possess such qualifications, may register as a voter.

Section 11. Disqualification. The following shall be disqualified from registering:

a) Any person who has been sentenced by final judgment to suffer imprisonment of not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence;

b) Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the 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 automatically reacquire the right to vote upon expiration of five (5) years after service of sentence; and

c) Insane or incompetent persons declared as such by competent authority unless subsequently declared by proper authority that such person is no longer insane or incompetent.

Requirements:

• Must be a Filipino citizen
• Must be at least 18 years of age on election day
• Must have resided in the Philippines for at least one year and in the place of voting for at least six months immediately before the election
• Must have no disqualification

Qualifications

• Citizen of the Philippines
• Not disqualified by law
• Resident of the Philippines for at least 1 year
• Resident of the place wherein he proposes to vote for at least 6 months immediately preceding the day of the election
• At least 18 years old

Note: No literacy, property, or other substantive requirement can be imposed on the exercise of suffrage.

Grounds for Disqualification to Vote:

• Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, unless pardoned or granted amnesty. However, the right to vote is reacquired upon expiration of five (5) years after service of sentence.
• Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government, such as rebellion, sedition, violation of the firearms laws, or any crime against national security
• For (1) and (2)
• For a sentence under RA 8189, Sec. 11(a), disqualification may be removed by plenary pardon or amnesty. For a crime under Sec. 11(b), disqualification ends if full civil and political rights are restored in accordance with law.
• Reacquisition of the right to vote upon expiration of 5 years after service of sentence.
• Insane or incompetent persons as declared by competent authority.

NOTE: These qualifications are continuing requirements. Congress may not add qualifications but can provide for procedural requirements and disqualifications. However, the disqualifications must not amount to qualifications.

Disqualification may arise from a final judgment under RA 8189, Sec. 11(a) or (b), or from a declaration of insanity or incompetence under Sec. 11(c); prior qualification as a voter is not required. Congress cannot add disqualifications which can be characterized as prior restraint.

Dual Citizenship Law -  Former natural-born Filipinos who lost Philippine citizenship through foreign naturalization reacquire it upon taking the oath of allegiance prescribed by RA 9225, Sec. 3.

Derivative Citizenship - The unmarried child, whether legitimate, illegitimate, or adopted, under 18 years of age, of those who re-acquire Philippine citizenship under the Dual Citizenship Law shall be deemed citizens of the Philippines.

Disqualification to Register as Voter

The same grounds for disqualifications for suffrage.

• Sentence by final judgment to imprisonment of at least 1 year
• Conviction by final judgment of any of the following crimes:
• Crime involving disloyalty to the government (i.e., rebellion, sedition, etc.)
• Firearms law
• Crimes against national security
• Insanity or incompetence declared by competent authority, unless the person is subsequently declared no longer insane or incompetent by proper authority (RA 8189, Sec. 11(c)).

Repatriation and Domicile

To reacquire domicile he must provide proof of intent to stay in the Philippines. After he does that, his occasional absence from the recovered domicile does not have the effect of removing him from the domicile for as long as he manifests animus manendi et revertendi.

The domicile is not established strictly from the time that a person was repatriated under R.A. No. 9225. The Court said that other evidence may be admitted to determine the time that domicile is established. Also, issue of residence could be decided particularly on the facts-of-the-case basis, as what would a series of jurisprudence would also dictate. Hence, domicile cannot strictly be established only from a person’s repatriation. (Poe-Llamanzares v. Comelec et al., G.R. Nos. 221697 & 221698-700, March 8, 2016)

Grounds for Disqualification under RA 9189:

• Sentenced by final judgment to suffer imprisonment not less than 1 year.
• Adjudged by final judgment by a competent court of having committed any crime involving disloyalty to the duly constituted government (e.g., Rebellion or crimes against national security).
• For (1) and (2):
• Disqualification may be removed by plenary pardon or amnesty
• Reacquire the right to vote upon expiration of 5 years after service of sentence.
• Insane or incompetent persons as declared by competent authority.
• Those who have lost their Filipino Citizenship.
• Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country.