PLJ volume 37 number 1 -01- Deogracias Eufemio
PLJ volume 37 number 1 -01- Deogracias Eufemio
PLJ volume 37 number 1 -01- Deogracias Eufemio
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estly conducted. It is indicative of the growing political maturity<br />
of our electorate.<br />
A; Meaning of "qualified voter."<br />
One of the qualifications for an elective ofiicf: is ·.Il~;.r the N1H'<br />
didate must be a "qualified voter," 56 or "qualified elector." 87 The<br />
point of inquiry, therefore, is when is a person considered a "qualified<br />
voter"?<br />
The Constitution specifically provides :88<br />
•<br />
"Suffrage may be exercised by (m,ale) citizens of the Philippines not<br />
otherwise disqualified by law,li9who are twenty-one years of age or over<br />
and are able to re.ad and write, and who sh!l.l1have resided in the Philippines<br />
f!or one yea.r and in the municipality wherein they propose to vote<br />
for at lea,st six months preceding the election."<br />
On the other hand, Sec. 98 of the Revised Election Code reads<br />
~. follows:<br />
'~",>-<br />
"SEXi:W--Qualiji.cations prescribed {O'l" a. vote'f.-Every citizen of the<br />
. Philippines, whe~llle or female, twenty-one years or over, able to re'ad<br />
and write, who has been a resident of the Philippines for one yeiar and<br />
of the municipality in which he has 'l"egiste'l"ed during the six months<br />
immediately precering, who is not othel'Wisedisqualified, mall vote in the<br />
said precinct at any election."<br />
Is registration as a voter a condition precedent before one can<br />
be considered a "qualified voter"? The answer is in the nega.tive.<br />
"Registration is essential to the exercis.e of the right of suffrage,<br />
not to the pos.session thereof." 190 If a person possesses all the qualifications<br />
specified in Art. V of the Constitution and none of the<br />
disqualifications provided by law, then he is considered a "qualified<br />
voter" as that term is used in our Constitution and statutes, even<br />
if he has not actually registered as a voter. The clause "in which<br />
he had registered" in Sec. 98 of the Revised Election Code cannot<br />
•• PHIL. CONST. Art. VII, &ec. S (Preoident and Vice-President); Sees. 4 k 5-A, Rep. Aet<br />
No. 2264 in ·relation to Sec. 2071, Revised Administrative Code as amended by Rep. Act No. 1095<br />
(Governor. Vice-Governor. and Members of the Provincial Board); Sec. 2174, Revised Acbninis-<br />
~rative Code (eleetive municipal ofl\eials) •<br />
•• PHIL. CONST. Art. VI, sees. 4 (Senator) " 7 (Member of the House of Representatives);<br />
Ser.. 8. Rep. Act No. 2<strong>37</strong>0 (Members of Barrio Council) .<br />
•• PHIL. CON8T. Art. V, sec. 1.<br />
B. The Revised. Election Code provides:<br />
"Sec. 99. DiBqtutliftcatioon•••-The following persons shall not be qualified to vote:<br />
(a) Any person who has been sentenced by final judgment to suffer one year or more of<br />
imprls'