# Bayanihan Constitution/Article V

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Source: Full text: Consultative Committee's draft federal constitution. The Philippine Star.
ARTICLE V SUFFRAGE AND POLITICAL RIGHTS
SECTION 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen (18) years of age, and domiciled in the Philippines for at least one (1) year and in the place wherein they propose to vote for at least six (6) months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.
SECTION 2. The Federal Republic shall guarantee a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The domicile requirements under Section 1 hereof shall not apply to Filipinos residing or working overseas who are qualified absentee voters as may be determined by federal law.
The Federal Republic shall guarantee the public nature of elections, ensure full transparency and accessibility of the electoral process, and the verifiability and integrity of the electoral results, regardless of the mode of election.
SECTION 3. The Federal Congress shall ensure the right to vote of persons in need of assistance.
SECTION 4. The Federal Republic shall ensure the development and strengthening of political parties as mechanisms of citizen representation and democratic governance.
(a) Every political party shall be registered with the Federal Commission on Elections which shall require that the political party submit its constitution and by-laws, platform, principles, policies and general program of government, a verified list of national officials, members of the executive board or its equivalent, and the heads of its regional, provincial, and highly urbanized city chapters.
(b) Religious denominations and sects, and political parties which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreigner or foreign government shall not be registered.
(c) Financial contributions from foreigners or foreign governments and their agencies, and unlawful sources, given to political parties and their affiliated organizations, political coalitions, or candidates to influence the outcome of the election, constitute interference in national affairs, and shall be an additional ground for the cancellation of their registration with the Federal Commission on Elections, in addition to other penalties that may be prescribed by federal law.
SECTION 5. The Federal Republic shall promote the development of political parties as democratic public institutions.
(a) Political parties shall be freely established and open to all citizens who share the same party program, adhere to the party constitution, and practice party discipline.
(b) Political parties shall develop a democratic system of internal decision-making and allow active citizen participation.
(c) Political parties shall observe fair, honest, and democratic processes in nominating and selecting party officials and candidates for public office, which may include the marginalized and underrepresented sectors.
(d) Political parties shall pursue public education and promotion of democratic values in society.
(e) Political parties shall provide, as far as practicable, for equal representation of women candidates in every election.
(f) The Federal Republic shall take affirmative action so that marginalized and underrepresented sectors may organize themselves into genuine political parties with clear and detailed platforms of government and capable representatives.
SECTION 6. The Federal Republic shall regulate the campaign finance, both from public and private sources, of political parties and candidates in all elections.
(a) The Federal Congress shall update laws on all election expenditures.
(b) Financial contributions from religious organizations, foreigners, foreign governments, and illegal sources are prohibited.
(c) There shall be a Democracy Fund, which shall serve as a repository of campaign funds. The Federal Commission on Elections shall administer the Democracy Fund and promulgate rules and regulations therefor. The Federal Commission on Audit shall have the power, authority, and duty to examine and audit all funds pertaining to the Democracy Fund.
(d) Any citizen who contributes at least ten thousand pesos (PhP 10,000.00) but not exceeding one hundred thousand pesos (PhP 100,000.00) to any registered political party or presidential candidate through the Democracy Fund shall be allowed a full credit against income tax due for the taxable year coinciding with the elections in which such political party or presidential candidate participated; Provided, that such amounts shall be subject to proper adjustment under the rules promulgated by the Federal Commission on Elections.
(e) Any corporation, partnership, or association which contributes at least one hundred pesos (PhP 100,000.00) but not exceeding three million pesos (PhP 3,000,000.00) to any registered political party or presidential candidate through the Democracy Fund shall be allowed a full credit against income tax due for the taxable year coinciding with the elections in which such political party or presidential candidate participated; Provided, that such amounts shall be subject to proper adjustment under the rules promulgated by the Federal Commission on Elections.
(f) A fair share of political party campaign funds drawn from the Democracy Fund shall be allocated for women candidates.
(g) Unless ordered by the Federal Electoral Court, all information pertaining to the contributors and the amount of their contributions shall be deemed confidential and shall be made available only to the Federal Commission on Elections, the Federal Commission on Audit, and the Internal Revenue officials for purposes of regulation, auditing, and tax credit, respectively.
SECTION 7. The Federal Republic shall ensure strong and cohesive political parties.
(a) Members of any political party elected to public office are prohibited from changing political parties within their term of office.
(b) Candidates and officials of any political party are prohibited from changing political party two (2) years after the election and two (2) years before the next election.
Those who violate the foregoing provisions shall be: (1) removed from the office to which they have been elected; (2) barred from appointment to any government position for one electoral cycle; (3) prohibited from running for public office in the next election; (4) required to return any party funds they used for the campaign. The Federal Commission on Elections shall initiate the appropriate proceedings in the proper court.
(c) No political party shall accept any member in violation of sub-section (a) and (b). Any violation shall be a ground for the cancellation of its registration.
(d) The Federal Commission on Elections shall ensure compliance with these provisions and periodically require political parties to submit an updated list of their members, including any changes arising from violation of the above provisions.
(e) No political party shall nominate more candidates than the number of persons required to be voted for in an elective position, except for the proportional representative seats in the House of Representatives and the Regional Assemblies, nor shall any candidate be allowed to accept nominations from more than one registered political party, except in cases of aggrupation or coalitions.
SECTION 8. The Federal Republic shall guarantee equal access to opportunities for public service and prohibit political dynasties to prevent the concentration, consolidation, or perpetuation of political power in persons related to one another.
(a) A political dynasty exists when a family whose members are related up to the second degree of consanguinity or affinity, whether such relations are legitimate, illegitimate, half, or full blood, maintains or is capable of maintaining political control by succession or by simultaneously running for or holding elective positions.
(b) No person related to an incumbent elective official within the second civil degree of consanguinity or affinity, as described above, can run for the same position in the immediately following election.
(c) Persons related within the second civil degree of consanguinity or affinity, as described above, are prohibited from running simultaneously for more than one national and one regional or local position. However, in the event that two or more members of the same family are running, the member who shall be allowed to be a candidate shall be determined by the drawing of lots.
(d) The Federal Congress may, by law, provide for additional prohibitions.
This work is in the public domain because it is a work of the Philippine government (see Republic Act No. 8293 Sec. 176).
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