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Philippines
General Right to
Vote
Constitution:
(1987)
Article V, section 1 states: "Suffrage may be exercised by
all citizens of the Philippines not otherwise disqualified by law, who
are at least eighteen years of age
No literacy, property, or other
substantive requirement shall be imposed on the exercise of suffrage."
Specific Inclusion
of People with Disabilities
Constitution:
(1987)
Article V, section 2 continues: "
The Congress shall
also design a procedure for the disabled and the illiterates to vote without
the assistance of other persons. Until then, they shall be allowed to
vote under existing laws and such rules as the Commission on Elections
may promulgate to protect the secrecy of the ballot."
Exclusion Based
on Mental Disability
Electoral Law:
(1991: Synchronized Elections Law)
Section 118 states: "The following shall be disqualified from
voting
(c) Insane or incompetent persons as declared by competent
authority."
Exclusion Based
on Physical Disability
Constitution:
(1987)
Article VI, section 3 states: "No person shall be a Senator
unless he is a natural-born citizen
and
is at least thirty-five
years of age, able to read and write, a registered voter
"
Article VII, section 2 states: "No person may be elected President
unless he is a natural-born citizen of the Philippines, a registered voter,
able to read and write, at least forty years of age
"
Electoral Law:
(1991: Synchronized Elections Law)
Section 63 states: "No person may be elected President or
Vice-President unless he is a natural-born citizen of the Philippines,
a registered voter, able to read and write, at least forty years of age
"
Section 64 states: "No person shall be elected Member of the
Batasang Pambansa
unless he is a natural-born citizen
and
is
at least twenty-five years of age, able to read and write, a registered
voter
"
Voter Assistance
by Other Citizens
Electoral Law:
(1991: Synchronized Elections Law)
Section 196 states: "A voter who is illiterate or physically
unable to prepare the ballot by himself may be assisted in the preparation
of his ballot by a relative, by affinity or consanguinity within the fourth
civil degree or if he has none, by any person of his confidence who belongs
to the same household or any member of the board of election inspectors,
except the two party members: Provided, That no voter shall be allowed
to vote as illiterate or physically disabled unless it is so indicated
in his registration record: Provided, further; That in no case shall an
assistor assist more than three times except the non-party members of
the board of election inspectors. The person thus chosen shall prepare
the ballot for the illiterate or disabled voter inside the voting booth.
The person assisting shall bind himself in a formal document under oath
to fill out the ballot strictly in accordance with the instructions of
the voter and not to reveal the contents of the ballot prepared by him.
Violations of this provision shall constitute an election offence."
Disability Law:
(R.A. 7277: "Magna Carta For Disabled Persons)
Section 29 states: "Disabled persons shall be allowed to be
assisted by a person of his choice in voting in the national or local
elections. The person thus chosen shall prepare the ballot for the disabled
voter inside the voting booth. The person assisting shall bind himself
in a formal document under oath to fill out the ballot strictly in accordance
with the instructions of the voter and not to reveal the contents of the
ballot prepared by him. Violation of this provision shall constitute an
election offence. Polling places should be made accessible to disabled
persons during national or local elections."
Poll Worker Manuals:
General Instructions for the board of Election Inspectors on the Casting
and Counting of Votes (1998)
· An illiterate voter or one who is physically unable to prepare
his ballot may be assisted by " a relative, a person of his confidence
belonging to same household, a member of the board" p 10
· All assistants must be of voting age and sign oath saying that
he/she will fill in ballot according to voter's wishes, and not divulge
the voter's choice p 10
Promotes Access
Poll Worker Manuals:
General Instructions for the board of Election Inspectors on the Casting
and Counting of Votes (1998)
· "Election Officer coordinates with proper school or building
officials of designated polling places to ensure convenience of disabled
voters" p 11
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