VOTERS’ AWARENESS

The Right of Suffrage

The human right to vote is embodied in three instruments: Universal Declaration of Human
Rights (UDHR); the International Covenant on Civil and Political Rights; and in the 1987
Philippine Constitution. The Philippines is governed by these three documents which similarly
mandate universality of the right; equality in access to public service; and secrecy of votes.

Article 21 (1-3) of the Art.25 (a-c) of International Art. V, Sec. 1-2 of The 1987
Universal Declaration of Covenant on Civil and Political Philippine Constitution
Human Rights Rights, (March 1976)
(December 10, 1948)
Every citizen shall have the right
1 Everyone has the and the opportunity, without any 1 Suffrage may be exercised
right to take part in the of the distinctions mentioned in by all citizens of the
article 2 and without unreasonable Philippines not otherwise
government of his
restrictions: disqualified by law.
country, directly or
through freely chosen (a) To take part in the conduct 2 The Congress shall provide a
representatives. of public affairs, directly or system for securing the secrecy
through freely chosen and sanctity of ballot as well as
representatives; a system for absentee voting
2 Everyone has the
right to equal access to (b) To vote and to be elected at by qualified Filipinos abroad.
genuine periodic elections The congress shall also design
public service in his
which shall be by universal a procedure for the disabled
country. and the illiterates to vote
and equal suffrage and shall be
held by secret ballot, without the assistance of other
3 The will of the people shall guaranteeing the free persons. Until then, they shall
be the basis of the authority of expression of the will of the be allowed to vote under
the government; this will shall electors; existing laws and such rules as
be expressed in periodic and the Commission on elections
(c) To have access, on general
may promulgate to protect the
genuine elections, which shall terms of equality, to public
secrecy of the ballot.
be by universal and equal service in his country.
suffrage and shall be held by
secret vote or by equivalent
free voting procedures.

History of Elections
 A system of election was first practiced in the Philippines during the Spanish and
American colonial period. But the process was only limited to male voters and was more of a
ceremonial rather than a genuine democratic mechanism.
Sectoral struggle and political participation were only realized in 1937: when Act 4112,
granting women the right of suffrage, was implemented; and when the peasant movements
gained meaningful participation in political parties and in actually filling of government
positions.
The first democratic election after WW II was the 1946 election for President and Vice-
President of the Republic, Members of the Senate and of the House of Representatives. From
then on, the country operated on a two-party system where two major political parties, the
Nacionalista Party and the Liberal Party, figure in succeeding elections.
When Marcos declared Martial Law in 1972, the 1935 Constitution was scrapped, an
Interim Batasang Pambansa was created and a new (1973) Constitution was adopted.
Election for the Interim Batasang Pambansa was called for in 1978. The Kilusang
Bagong Lipunan (KBL) became the administration party. The election was claimed to be towards
restoration of old political order but Marcos’ purpose was to gain legitimacy for his unpopular
administration and to create a rubber stamp legislature. The exercise defied democratic
procedures, and was characterized by rampant electoral manipulation done by the Marcos
government to ensure victory.
Local election in 1980 was characterized by widespread terrorism, violence and
wholesale fraud.
Intense opposition coming from the peasant and student sector in the countryside
supported peasant and labor unrest. In 1981, Marcos submitted himself to the electoral process to
regain legitimacy. This is mandated by the constitutional provision of a parliamentary system.
The Aquino assassination in 1983 resulted in waves of protest forcing the creation of
wider democratic space. Batasang Pambansa elections happened in 1984 to replace the Interim
Batasang Pambansa. The exercise was intended to divert the people’s attention away from the
Aquino assassination. Still, the period was marked by weakening popularity of Marcos and the
people’s growing political will to guarantee that their sentiments are reflected in election results.
Snap elections were held in 1986. The widespread election manipulations and
irregularities and the worsening social, political and economic order triggered the EDSA uprising
in the same year. The mass action known as the People Power Revolution of 1986 led to the
ouster of Marcos, the collapse of KBL and the installation of Corazon Aquino as the President.

Aquino’s program of restoring democracy, promoting stability and establishing political

legitimacy involved three major electoral exercises: national plebiscite for the approval of the
1987 Constitution in February 1987; election for members of the Senate and House of
Representatives in May 1987; and local elections in January 1988. The 1987 Constitution
provided for a multi-party system.
During the 1992 synchronized national and local elections, the people voted for president
for the first time under the 1987 Constitution. The main campaign issue was doing away with
“trapo” or traditional politics. In 1995, congressional and local elections were held. A new form
of fraud dubbed as “dagdag-bawas” or the subtraction of votes from one candidate to be added to
the contending candidate was in practice during these two major elections.
In 1998, the first party-list elections were held. Joseph Estrada was seated as President of
the Republic with popular support. However in January 2001, EDSA DOS, a repeat of the 1986
People Power removed Estrada from Malacañang and seated Gloria Macapagal-Arroyo as the
new president.
Time and again, the struggle for our independence and for democratic governance
resulted in a kind of political system, political leaders and electorate that we have right now.
Election has been one major feature and mechanism in practice and through a more informed
electorate is hoped to continue to serve as a vehicle towards genuine democratic governance.

Elections and Democracy

 The Constitution guarantees that we are a sovereign people, where all government
authority comes from. Sovereignty or the power to govern is exercised directly through
suffrage and indirectly through public officials elected by the people. The will of the
people, then, is best expressed in clean, orderly and honest election.

 The representative democratic structure, in which the people govern through elected
representatives, is based on the idea of “consent of the governed”. Thus, the government
officials chosen and elected by the people become servants and not masters of the people
from whom and for whom these officials exercise their power and authority.

 The citizen voters are entitled to free and informed choice on whom to vote and must be
dictated by the genuine welfare of the majority. Every individual political choices and
decisions made by the citizen voters will determine the kind of government that will
serve them.

Specific Mechanisms
 Since the enactment of the 1987 Constitution, elections for President and Vice-president
are held every six years, while elections for Senators and members of the House of
Representatives and local government officials happen every three years.

 At the local level, barangay elections and Sangguniang Kabataan elections are also held
periodically.

 In 1993 and 1996, elections for the Autonomous Region of Muslim Mindanao (ARMM)
were held. The 1996 ARMM elections also served as pilot-test for automated system of
elections.
 Aside from voting in elections, our Constitution mandates other mechanisms to advance
democratization and citizen’s stake in governance.

 The system of initiative and referendum gives the people power to directly enact, propose
and reject laws at the local level.

 Also through initiative, the people may directly propose amendments to the Constitution
by a petition of at least 12% of the total number of registered voters, in which 3% of
registered voters in each legislative district is represented.

 Through plebiscites, the people approve or reject the call for a constitutional convention
to propose changes to the Constitution, approve or reject proposed changes in the
Constitution and, at the local level, express their will with respect to certain local issues.

 The party-list system of representation allows for marginalized and underrepresented

sectors to be represented in the national legislature. The system serves as an attempt to
depart from the personalistic character of political and electoral system by giving focus
on the party and its issue-based platform.

 The Constitution and the 1991 Local Government Code (LGC) mandate sectoral
representation in the legislative bodies of local governments.

 People participation is also provided for by the Local Government Code through
representation in consultative bodies such as the local health boards, local school boards,
local peace and order councils and local development councils in all local levels.

 There is also the LGC-mandated barangay assembly (peoples’ assembly or meeting of all
over-15-year-old-residents of the barangay). The assembly has the power to hear and
pass upon the report of Sangguniang Barangay’s (SB) performance. It can also
recommend measures for legislation by SB.

 The Barangay Assembly is one manifestation of people’s power and a (truly) direct and
participatory democratic exercise.

 The latest development in upholding the right of suffrage is Republic Act 9189, which
provides for a system of absentee voting for qualified Filipinos abroad.

Government Structure
Powers and Functions of Public Servants
Executive power is vested in the President of the Republic. This power covers:
 control of all executive departments and all implementing agencies of the
government;
  appointment of high officials in the government (heads of executive
departments/cabinet members, ambassadors, public ministers, consuls, officers of the
armed forces);
 seeing to the execution and implementation of laws and policies

Local government units also exercise executive functions through the governors of provinces,
municipal and city mayors.

Legislative power is lodged in the Congress of the Philippines: the Senate and the House of
Representatives. Legislative functions include:
 Statute making, constitution making, and amending of constitution;
 Appropriations/financial function;
 Oversight function;
 Informational or the power to conduct inquiries in aid of legislation.

Legislative functions are carried out in the local level by the different “sanggunians” or local
legislative bodies.

In the law-making process, the president can either approve or veto a law passed by
Congress. It would require 2/3s vote by the legislative body to finally pass the bill into law. At
the local level, chief executives can also veto any ordinance on the ground that it is prejudicial to
the public. In turn, the sanggunian or the local legislative body can override the veto, also by
2/3s vote of the whole sanggunian.

Election Process

Qualifications and Disqualifications of a Voter

All citizens of the Philippines, eighteen years of age or over, and a resident of the
Philippines for one year and in the city or municipality wherein he proposes to vote for at least
six months immediately preceding the election are qualified to vote.

The following shall be disqualified from voting:

Any person who has been sentenced by final judgment to suffer imprisonment for not less
than one year. However, he/ she may reacquire the right to vote upon expiration of five
years after service of sentence.
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.
Insane or incompetent persons as declared by competent authority
 In addition, RA 9189 or the Overseas Absentee Voting Law entitles all Filipino citizens
overseas, not otherwise disqualified by law, and immigrants and permanent residents with
affidavit of intent to resume residence in the Philippines, to vote for elective positions in the
national level: President; Vice-President; Senators; and Party-List Representatives

Election Process
 Registration
Preliminary to the voting exercise is the registration of voters. During the
registration process, the qualified voter accomplishes and files a sworn application
for registration before the election officer of the city or municipality wherein he
resides and including the same in the book of registered voters upon approval by the
Election Registration Board. This process is currently guided by RA 8189 or the
Continuing Voters’ Registration Act of 1996.
The Overseas Absentee Voting (OAV) Law applies the mechanics in RA 8189 of
personal registration either with the Election Board of Inspectors in their place of
residence before their departure or with the representative of the Commission in the
Philippine embassies, consulates and other Foreign Service establishment in their
temporary residence overseas.

 Election Day
After undergoing the registration process and during Election Day, the voter proceeds
to the casting of votes, which is conducted by the Board of Election Inspectors (BEI).
All voters whose name appears in the list of voters will be allowed to vote. Official
candidates and registered political parties and party-list groups are represented in the
precincts by watchers.
Public counting of votes starts immediately after the close of voting at 3:00 p.m.
Votes for candidates, simultaneously with the reading, are entered in the tally board
and the election returns. Official watchers shall be permitted full access to the
proceedings, but only the members of the BEI can write or place marks on the tally
board and on the election returns. All questions on appreciation of ballots are decided
by BEI by majority votes.
After all ballots have been read and recorded, the BEI signs and thumbmarks the
election returns and lets the principal watchers of six major political parties do the
same. Sic copies of the election returns are placed inside corresponding envelopes,
sealed and submitted to officials concerned. These returns are then distributed to the
Comelec, to designated canvassers, and candidates/parties through their watchers and
are then used for canvassing of votes.

 Modernized Election Process

Republic Act 8436 or the Election Automation Law, legislated in 1997, mandates the
use of automated election system in the country as early as the May 1998 elections.
 This system will comprise the use of appropriate technology for voting and electronic
devices to count votes and canvass/consolidate results.
The law also provides for the following features of the automated system: a) use of
appropriate ballots; b) stand-alone machine which will count and consolidate
elections results; c) provision for audit trails; d) minimum human intervention; and e)
adequate safeguard and security measures.
However, the succeeding elections in 1998, 2001, and 2002 (except for the 1996
ARMM elections, which pilot tested an automated system) came and went but still
under a manual system of voting and counting. The approaching 2004 elections will
again not see through a fully nationwide automated system. Only Phase I (validation
of voters’ registration) of the automation was implemented by the Comelec. Phase II
(automated counting and canvassing) will not push through for the 2004 elections,
while according to the Comelec Phase III (transmission of election results) will still
be implemented during the May 2004 elections
 Implementation of RA 8436 through Comelec Resolution 02-0170
Phase I Voter Registration and Validation System
Phase II Automated Counting and Canvassing System
Phase III Electronic Transmission of Election Results

Voter Behavior and Elections

 A 2003 update study on voter behavior suggest the top four factors on what determines
the vote of Filipino electorate:
1. candidate’s public servant image;
2. political machinery;
3. candidate’s popularity; and
4. endorsement of traditional network and organizations which include the family,
the church, the ward leaders, and formal groups and association.

 The conduct of elections is made complex by the practices and values, which in turn are
reflective of the behavior and attitudes of the electorate and the politicians and of the
actual practices before, during and after elections. Further, voter behavior reflects the
personalistic and patronage orientation of traditional Filipino politics or “trapo”.

 Patronage politics thrive on a culture where the government leader becomes a politician
who serves as a patron accommodating special favors to dole out money or provide jobs,
recommendations and contracts to only a few in exchange for votes in the succeeding
elections or support for a political agenda.

 A common element of patronage culture is utang na loob. The powers-that-be use this to
ensure that their political and economic interests will be served. For instance, a
“powerful” politician may invite a candidate to run under his political party and in return,
 the candidate will feel indebted and eventually feel pressured to support the political
agenda of his benefactor (even if he is opposed to said agenda).

 For the poor, giving their support to a candidate is seen as an investment so that they can
depend on the politician for help, e.g. donations, medicine, school fees. Campaign
supporters view their help as a personal favor that the elected official should perceive as
utang na loob. In return, they expect the official to accept personal invitations from their
organizations, to comply with personal requests for donations, to award them perhaps
with a government position upon electoral victory.

 In preparation for a coming election, people with plans of running for public office would
be seen attending public functions from the barangay (community) to the provincial level.
For constituents at the national level, candidates engage themselves in media exposure.

 Conversely, voting has always been determined by popularity of the candidate and
financial and party machinery, which enhances the popularity of a candidate. Elections
now become a high-spending process to the detriment of the candidates who has neither
the financial resources nor the machinery, which can provide for posters and airtime in
mass media.

 Consequently, the electoral system becomes bereft of the real issues affecting the
electorate. Venues to seriously discuss programs of action and performances of
candidates become less relevant in determining who gets elected into office.

 The traditional guns, goons, and gold element of Filipino politics continue to be a real
phenomenon in certain districts, provinces, and regions particularly in the local level.

 Massive election fraud and violence are employed in order to win the elections. Instances
of cheating range from use of flying voters, registration of disqualified voters, vote-
buying, ballot and ballot box switching, padding of votes through dagdag bawas and
other forms, tampering canvass of votes, etc. Again, these practices become more
detrimental to candidates who have neither the financial nor political machinery to guard
the integrity of the votes and election results. However, the most powerful safeguard
against election fraud is the awareness and vigilance of every voter.

Guiding Vision and Action Points for Citizen Voters

Vision of Good Government, Leaders and Citizen Voters

The government, the leaders and the citizen voters are now faced with the challenge of
advancing various reforms in the system and in attitudes and perceptions towards a system of
wider and genuine participation of the grassroots in politics and governance, and towards
citizen’s political maturity.
  Government
1. Advancing democratization and good governance
2. Making available a meaningful and accessible election process
3. Maximizing the benefits of democratic mechanisms for the interest and welfare of all
sectors of society, particularly the marginalized and underrepresented sectors.
4. Ensuring that the government agenda and programs of action are genuinely
reflective of peoples’ agenda.
5. Advocating new politics and new kind of leaders that engage the participation of
citizen voters in running the affairs of the government

 Leaders
1. Capitalizing on the program of action and public service rather than on popularity in
winning elections
2. Promoting the envisioned government and engaging the citizens’ stake in
governance

 Citizen Voters
1. Exercising the right to vote and the duty of guarding the integrity of the vote itself
from any fraudulent maneuvering
2. Using conscience in choosing the right leaders
3. Safeguarding and defending the democratic mechanisms and institutions

Action Points for Citizen-Voters

Below are some action points for the citizen-voters in his/her exercise of the right of suffrage.
 Pre-Elections
Engage in preparatory activities that would enable him/her to exercise the right of
suffrage and the right to an informed and free choice.

 Register during the period allotted for voter registration

 Be informed of the issues, platforms and personalities of the political candidates
 Set specific guidelines in choosing government leaders in terms of the candidates’
social affiliations and interests, competence, lifestyle, performance records.
 Conduct/participate in public debates that would inform citizens and gain the
commitment of the candidates to integrate, foremost, the interests and welfare of the
citizens in their program of government. This process can be used to remind and hold
the elected leaders accountable to the promises made during the campaign.

 During elections
Exercise vigilance and the right to vote

 Vote according to your conscience

 Practice vigilance by protecting the integrity of your own vote from any undue
influence, volunteering in organizations that work for clean and peaceful elections,
 watching out for instances of cheating in the elections, and informing the rest of the
electorate of such activities.

 Post-Elections
Practice continued vigilance and participate in governance

 Be vigilant in the counting and canvassing of votes

 Another arena of participation is open to the citizen voter once the candidates they
have voted for assume office.
 Participate in local governance through development planning in the barangay level,
consultations and public hearings, representation in local special bodies.
 Aside from direct exercise of legislative power through the system of initiative and
referendum, citizen voter can participate in legislating laws through legislative
advocacy, a process of engaging with the legislature and other governmental and
social institutions to ensure that the concerns and welfare of the general electorate be
articulated in the deliberations of bills and other legislative measures as well as in the
final versions of laws.
 The citizen voter can also engage in the political and electoral process in other ways
such as:
a. running for office.
b. supporting/campaigning for a political party, candidate or party-list
group.
c. supporting initiatives of civil society organizations to ensure honest and
peaceful elections.
d. making views known to the elected representatives.