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BALIK CARAMOAN 2007

NEWS
[ DATELINE: LEGAZPI ] On the Right to Suffrage
Atty. FRANCO FERMIN BERJA AVILA
Chairman, Police Regional Appellate Board 5 National Police Commission


TIME ONCE AGAIN, it is but proper to give you, our dear readers, a time to remember the essence of this political right. Allow me to share with you the highlights on the right to suffrage as contained in the Commission on Human Rights (CHR) Advisory. Al though the advisory was prepared for the 2004 elections, the essence is still appropriate and valid, as appearing on its website (www.chr.gov.ph) in the internet. Remember, my dear friends, I entered the government service as an Attorney IV at the regional office of the Commission on Human Rights in Legazpi City in the year 1997.

An excerpt of the said advisory is hereby reprinted: “ Suffrage as conferred by the constitutional provision is not a natural right of the citizens, but a political right intended to enable them to participate in the process of government to assure it derives its powers from the consent of the governed (Pungutan vs. Abubakar, L- 33541, 20 June 1972). Both international and domestic laws protect and guarantee its effective exercise by the people so that their sovereign will can be manifested”.

The said advisory cites the provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the 1987 Philippine Constitution. Our fundamental law of the land states that: “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 purpose 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”[1] . The advisory went on to state that the sovereign will of the people should win in an election as envisioned under the international and domestic laws. It is this will to participate in the election of officials that determines the kind of democratic government that will eventually be established. It is by reason of the votes that duly elected candidates may assume the office they wish to hold. The same advisory added that since the inception of elections in the country, the electoral process has been generally characterized by irregularities such as fraud, terrorism, violence, vote- buying, ballot snatching, permit to campaign, and the like. These do not reflect the true will of the Filipino people, thus, a gross violation of the right to suffrage. All these infringe on the right of Filipinos to self-determination.

The Commission on Human Rights enumerated the following considerations to be observed in order that effective electoral process will truly reflect the political will of the people:
1. Non – partisan civic education should aim to inform voters as to “ WHO, WHAT, WHEN, WHERE and HOW” of registration and voting. It should also help to inform the public on issues such as why they should participate and what guarantees are in place to protect their right to participate confidently in the process.
2. Voter information should be accessible to all members of society, regardless of their language or level of literacy. As such, voter education materials should be multimedia and multilingual and culturally appropriate for various social groups.
3. Civil education activities should also include specially targeted training for certain professional groups in order to prepare them for their respective votes in the electoral process. These may include such groups as registration and polling officials, police and security personnel, the media, political parties, etc [2].
4. Support to administrative, legislative and civil society efforts in ensuring that the practice of demanding financial and other valuable considerations in exchange for the so-called “permits to campaign’’ is criminalized as it violates Articles 19 and 25 of the International Covenant on Civil and Political Rights (ICCPR) on the freedom of expression and the right of political participation, respectively and Article IX, C, Section 10 of the Philippine Constitution.

The advisory’s message is plain and simple to which I personally agree. That is, the electoral process is crucial for the Filipinos to come out victorious in the process of governance of the elected. It is therefore incumbent upon every voting Filipino to be vigilant and united in ensuring an honest election for his/her right to suffrage to be protected.

On this score, allow me to urge everyone to support an honest, orderly and peaceful elections come May 14, 2007. You may visit our website at www.napolcom. gov.ph or you may send your email at ffba7680@ yahoo.com.ph. ----------------------------- ---------------------------- [1] Section 1, Article V, 1987 Phil.Constitution. [2] Human Rights and Election, a Handbook on the Legal, Technical and Human Rights Aspect of Elections, Professional Training Series No.2, United Nation Centre for Human Rights, Geneva.