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With Support from:

 Your Vote. Our Future. Citizen-Voter Education Module

VIII. Action Points for Citizen-Voters

Below are some action points for the citizen-voters in his/her exercise of the right of
suffrage.

General

 Set up voters’ assistance desks

 Link volunteers to existing groups working on different aspects of electoral reform
 FAQ’s on poll automation

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, and
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. The people’s right to suffrage is an important part
of democracy. If people are not allowed to vote
Post-Elections freely, then the whole process becomes meaningless.
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.

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VII. Vision of Good Government, Leaders, and Citizen-voters

The UN Handbook on the Legal, Technical, and Human Rights Aspect of Elections (1994) (Suffrage: “The right to vote, or the exercising of that right.”
defines ―suffrage‖ as more than the right to vote during elections. It identifies ―four
–Andrew Heywood; Politics (Second Edition); p. 432
essential and interlocking rights: the right to take part in government, the right to vote and .)
be elected, the right to equal access to public office, and the right to self-determination.‖
(Commission on Human Rights 2008)
The right to suffrage, as a human right, is related to the concept of democracy and
Ideally, an electoral system should never be tainted with fraud, rigging, violence etc. in people’s sovereignty.
order to produce a legitimate result. The legitimacy of the next government resides in the
honest and free exercise of the peoples’ right to suffrage and in the Commission on Sovereignty is often defined as the principle of absolute and unlimited power. Under the
Elections’ open management of the system. democratic 1987 Constitution, it is the people alone who can exercise sovereignty. They
can therefore make decisions that are binding on all individual citizens, groups, and
The government, the leaders, and the citizen-voters are now faced with the challenge of institutions—including the selection of leaders who will run the government.
advancing various reforms in the system and change 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. (Art. II, Sec. 1 of The 1987 Philippine Constitution: “The Philippines is a
democratic and republican State. Sovereignty resides in the people and
Government all government authority emanates from them.”)

 Advancing democratization and good governance

 Making available a meaningful and accessible election process
Qualifications and Disqualifications of a Voter
 Maximizing the benefits of democratic mechanisms for the interest and welfare of
all sectors of society, particularly the marginalized and underrepresented sectors.
All citizens of the Philippines, eighteen years of age or over, and residents of the
 Ensuring that the government agenda and programs of action are genuinely
Philippines for one year and for at least six months in the city or municipality wherein
reflective of the peoples’ agenda
he/she proposes to vote immediately preceding the election are qualified to vote.
 Advocating new politics and new kinds of leaders that engage the participation of
citizen-voters in running the affairs of the government
The following shall be disqualified from voting:
Leaders
 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
 Capitalizing on the program of action and public service rather than on popularity
of five years after service of sentence.
in winning elections
 Any person who has been adjudged by final judgment by a competent court or
 Promoting the envisioned government and engaging the citizens’ stake in
tribunal of having committed any crime involving disloyalty to the duly constituted
governance
government such as rebellion, sedition, violation of the anti-subversion and firearms
laws, or any crime against national security, unless restored to his/her full civil and
Citizen-Voters
political rights in accordance with law: Provided, That he/she shall regain his right to
vote automatically upon expiration of five years after service of sentence.
 Exercising the right to vote and the duty of guarding the integrity of the vote itself
 Insane or incompetent persons as declared by competent authority.
from any fraudulent maneuvering
 Using conscience in choosing the right leader
In addition, RA 9189 or the Overseas Absentee Voting Law entitles all Filipino citizens
 Safeguarding and defending the democratic mechanisms and institutions
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
on the national level: President; Vice-President; Senators; and Party-List Representatives.

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II. History of Elections

 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. A system of election was first practiced in the Philippines during the Spanish and
Campaign supporters view their help as a personal favor that the elected official American colonial period. The process, however, was limited only to male, educated, and
should perceive as utang na loob. In return, they expect the official to accept personal landed voters and was more ceremonial rather than a genuine democratic mechanism.
invitations from their organizations, to comply with personal requests for donations, to
award them perhaps with a government position upon electoral victory. Sectoral representation and political participation were only realized in 1937: when Act
4112, granting women the right of suffrage, was implemented; and when the peasant
 In preparation for a coming election, people with plans of running for public office movements gained meaningful participation in political parties and in actually filling
would be seen attending public functions from the barangay (community) to the government positions.
provincial level. For constituents at the national level, candidates engage themselves
in media exposure. The first democratic election after World War 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 wherein two
 Conversely, voting has always been determined by popularity of the candidate and
major political parties, the Nacionalista Party and the Liberal Party, figured in succeeding
financial and party machinery, which enhances the popularity of a candidate.
elections.
Elections now become a high-spending process to the detriment of the candidates
who have neither the financial resources nor the machinery, which can provide for
When Marcos declared Martial Law in 1972, the 1935 Constitution was scrapped, an
posters and airtime in mass media.
Interim Batasang Pambansa was created and a new (1973) Constitution was adopted.
Marcos ruled as both president and prime minister, with legislative powers, under
 Consequently, the electoral system becomes bereft of the real issues affecting the
transition provisions—a one-man dictatorship.
electorate. Venues to seriously discuss programs of action and performances of
candidates become less relevant in determining who gets elected to office.
Under popular pressure, he called for the election of an Interim Batasang Pambansa in
1978. The Kilusang Bagong Lipunan (KBL) became the administration party. The election
 The traditional guns, goons, and gold element of Filipino politics continue to be a real
claimed to restore Philippine democracy but Marcos’ intent was to gain legitimacy for his
phenomenon in certain districts, provinces, and regions particularly at the local level.
undemocratic administration and to create a rubber stamp legislature. The exercise defied
democratic procedures, and was characterized by rampant electoral manipulation by the
 Massive election fraud and violence are employed in order to win elections. Instances
Marcos government to ensure victory.
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
Local elections in 1980 were characterized by widespread terrorism, violence, and
other forms, tampering the canvass of votes, etc. Again, these practices become
wholesale fraud. Intense opposition came from both the urban and rural citizenry.
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
In 1981, Marcos submitted himself to the electoral process to regain legitimacy. The event
safeguard against election fraud is the awareness and vigilance of every voter.
was boycotted by the political opposition, which instead launched a broad-based anti-
dictatorship movement.
 Voters tend to be responsive to audio-visual tools and experiential discussions in
voters’ education forums. Recipients of voter education programs become more
The Aquino assassination in 1983 resulted in waves of protest forcing the creation of
socially aware and are able to realize their stake in the electoral process.
awider democratic space. Marcos, in a bid to defuse the protests, held the Batasang
Pambansa elections in 1984 to replace the Interim Batasang Pambansa. The exercise
 There is a general observation by voters’ education trainers/educators that voters are
was intended to divert the people’s attention away from the Aquino assassination and was
seemingly more intelligent and critical now, but their motivations remain highly
once again boycotted by the political opposition. Still, the period was marked by the
incentive-driven (What will be their personal gain in voting for this person? It may not
weakening popularity of Marcos and the people’s growing political movement against the
exactly be a monetary value, but as earlier stated, voters tend to go for someone who
Marcos dictatorship.
has the economic power to aid them in whatever means possible).

Under domestic and international pressure, Marcos called for snap presidential elections
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 President.

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While President Arroyo was able to stay in power, she was not able to endear herself to
the majority of the people, resulting in a resounding victory for the opposition in the
senatorial elections of 2007.

However, the 2007 elections also signaled the entry of

―trapos‖ into the party-list system, which drew
significant votes away from the top performers in the
party-list elections. This sudden interest of traditional
politicians in the party-list system was ironically brought
about by the success of party-list representatives to
gain equal treatment from their district colleagues.

Meanwhile, the untimely demise of democracy icon, former President Corazon Aquino in
2009 gave hope to the people’s yearning for change. The Filipino people themselves
urged then Senator Benigno ―Noynoy‖ Aquino III to run for the presidency as he was seen
to be a symbol of hope. Noynoy Aquino answered the heed of the people and contested
under the Liberal party with ―anti-corruption‖ as his major platform. He won a landslide
with more than 15 Million votes.

The 2010 National Elections also marked the conduct of the first nationwide automated
elections in the country using the Precinct Count Optical Scan (PCOS) technology. The
automated election system (AES) performed as expected. It contributed to the
speed, accuracy, and security of the whole electoral process. The observed errors
related to the PCOS machines fall within the expected margins of error and did not
prevent the count to take place. There is already an acceptance by the voters of the
system and this basically closes the door to a return to the manual system. However, it is
obvious that AES implementation needs a lot of fine-tuning, particularly with regard to
interfacing the system to the non-AES side of the electoral process

However, time and again, the struggle for our independence and for democratic
governance resulted in a kind of political system, political leaders, and the electorate that
we have right now. Elections have been a major feature and mechanism in practice and
through a more informed electorate are hoped to continue to serve as vehicles towards
genuine democratic governance. Genuine reforms are called on the areas concerning
election administration and rules, strengthening of the political party system, and steps to
empower the electorate, among others.

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V. Powers and Functions of Public Servants III. Elections and Democracy

The Philippines is a republican and democratic state. The constitution provides the basic
right of suffrage, and recognizes the people as the only source from which sovereignty
and all government power come from. The Constitution guarantees that we are a sovereign
people, from where all government authority derives.
There are three branches in the Philippine Government namely, the executive, the Sovereignty or the power to govern is exercised directly
legislative, and the judiciary. through suffrage and direct democracy instruments, and
indirectly through officials elected by the people as their
Executive power is vested in the President of the Republic. This power covers: public servants. The will of the people, then, is expressed
in clean, orderly, and honest elections.
 control of all executive departments and all implementing agencies of the
government; Elections are part of the system of representative
 appointment of high officials in the government (heads of executive democracy, complemented by the system of direct
departments/cabinet members, ambassadors, public ministers, consuls, officers democracy.
of the armed forces);
 seeing to the execution and implementation of laws and policies that the The representative democratic structure, in which the
legislative branch has created people govern through elected representatives, is based
on the principle of the ―consent of the governed.‖ Thus,
Local government units also exercise executive functions through the governors of government officials chosen and elected by the people become servants and not masters
provinces, municipal, and city mayors. of the people from whom and for whom these officials exercise their power and authority.

Legislative power is lodged in the Congress of the Philippines: the Senate and the Citizen-voters in a representative democracy are entitled to free and informed choices for
House of Representatives. Legislative functions include: whom to vote and the choices must be dictated by the genuine welfare of the majority.
Every individual political choice and decision made by the citizen-voters will determine the
 Statute making, constitution making, and amending of constitution; kind of government that will serve them.
 Appropriations/financial function – power of the purse;
 Oversight function; Studies have indicated that people enjoy a higher degree of freedom if direct democracy
 Informational or the power to conduct inquiries in aid of legislation. mechanisms are put in place.

Legislative functions are carried out at the local level by the different ―sanggunians‖ or Direct Democracy may take various forms and categorizations of direct people’s
local legislative bodies. participation in governance. Among these are plebiscites, referenda, people’s initiatives,
recall, and barangay assemblies.
In the law-making process, the president can either approve or veto a law passed by
Congress. It would require 2/3 vote by the legislative body to finally pass a bill into law. At Direct Democracy mechanisms in a representative form of government, becomes a
the local level, chief executives can also veto any ordinance on the ground that it is corrective mechanism for the excesses or the lack of the electoral process.
prejudicial to the public. In turn, the sanggunian or the local legislative body can override
the veto, also by 2/3 vote of the whole sanggunian.

The Judiciary, on the other hand, is tasked to resolve the conflicts that may arise from
the interpretation of the laws created by congress and is seen as the ultimate arbiter
between the executive and the legislative branches of the government, with the Supreme
Court being the highest Court of the land. Members of the Judiciary are appointed by the
President.

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 After collecting the transmitted election returns, the MBC starts its canvassing the  The Constitution and the 1991 Local Government Code (LGC) mandated local
results by undergoing the same precinct process: The MBC prints its own sectoral representation in the legislative bodies of local governments. However,
Initialization or ―Zero‖ Report; prints eight (8) copies of Municipal Certificate of there is still no enabling law to exercise this provision.
Canvass (MCOC); attaches transmission cable/modem to the machine; transmits
data to the Provincial Board of Canvassers (PBC); and prints the remaining 22  There is also the LGC-mandated barangay assembly (peoples’ assembly or
copies of MCOC. The MBC then proclaims the winners. meeting of all over-15-year-old-residents of the barangay). It is a plenary body
 From the municipal level, the data will be transmitted to the Provincial Board of that has the power to hear and pass upon the report of the Sangguniang
Canvassers which will print a Zero Report, print eight (8) copies of Provincial Barangay’s (SB) performance. It can also recommend measures for legislation
COC (PCOC), attach transmission cable/modem, transmit to the National Board by the SB. The Barangay Assembly is one manifestation of people’s power and
of Canvassers (NBC), and print the remaining six (6) PCOC. a (truly) direct and participatory democratic exercise.
 The electronically transmitted results will be used as basis for
canvassing/consolidation and proclamation of winning candidates for:  People participation is also provided for by the Local Government Code
city/municipal officials; provincial officials; district and party-list representatives; through representation in consultative bodies such as the local health boards,
and senators. local school boards, local peace and order councils, and local development
 Congress will receive electronically transmitted results and will use either the councils at all local levels.
transmitted results or the printed results as basis for the proclamation of the
President and Vice-President. The 1987 Philippine Constitution authorized the  The role of non-government organizations in governance is also recognized.
Congress to promulgate rules for canvassing of results for President and Vice-
President
 The data from the COMELEC database will appear in the COMELEC Quick
Count in real time as unofficial and partial results.

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IV. Election Process in 2010 and Beyond

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 This section will guide the citizen-voter not only in the exercise of the right to vote but also
residence before their departure or with the representative of the Commission in the in monitoring the electoral process, in an automated election system (AES).
Philippine embassies, consulates, and other foreign service establishment in their
temporary residence overseas. Modernization and automation of the electoral process dates back to the 1992
COMELEC’s Modernization and Excellence Project or Operation MODEX, which includes
With the implementation of AES, the regular or development in eight (8) components: legal framework; registration; election process;
―established‖ precincts identified in previous elections will education campaign; information technology system; facilities; institutional structure; and,
now be grouped into “clustered” precincts, i.e. up to personnel. Election modernization and automation generally aims to speed up the election
seven (7) established precincts comprise a clustered process and come up with results; and reduce the risk for human error or fraud.
precinct which will be assigned one (1) Precinct Count
Optical Scan (PCOS) machine each. Republic Act 9369, enacted in 2007, amended Republic Act 8436 or the Election
Automation Law, which mandated the use of an automated election system (AES) in the
country. This system will comprise the use of appropriate technology for registration,
voting, counting of votes, and canvassing/transmittal of election results.

Previous attempts at modernization in terms of automating the election process include:

Testing and Sealing of Machine (1)a pilot test of Optical Mark Reader (OMR) technology in the 1996 Autonomous Region
in Muslim Mindanao (ARMM) Elections; (2) the partial automation using OMR technology
At least three (3) days before Election Day, the public shall accomplish test ballots, which in the ARMM provinces during the 1998 national and local Elections; (3) the halted
in turn will be manually counted. After which, election returns from the manual count shall nationwide implementation of a centralized automated counting system for the 2004
be accomplished. elections; (4) the pilot test of a fully automated election system in the 2008 ARMM
Elections.
The same set of ballots that underwent manual counting shall be fed into the counting
machine. Results generated from the manual count shall be compared with the results
indicated in the automated count/print-out of the election returns. In the 2010 national and local elections, the citizen-
voters actively participated in the country’s first
Once the public is satisfied that the manual count is the same as the automated count, the nationwide fully Automated Election System (AES)
print-out and manually prepared election returns shall be signed-off by the witnesses. The – from shading marks in the official ballot,
PCOS Machines shall be sealed without any connection to transmission links. counting of votes to transmission and
canvassing of election results.
The public shall be allowed to secure the polling places where the PCOS machines are
installed and shall be opened only on Election Day in the presence of watchers.

Election Day

On Election Day, the voter proceeds to the polling place to cast his/her vote. The Board of
Election Inspectors (BEI) will administer the conduct of elections. The BEI will now
include, as member, an information technology-capable person, who is trained or certified
by the Department of Science and Technology (DOST) to use the AES.

All voters – as many as 10 voters at a time – whose name appear on the list of voters, will
be allowed to vote. Official candidates, registered political parties and party-list groups,
and accredited election observers and monitors are represented in the precincts by
watchers.

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