Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Iiegular Session
ndusEB[LLNO.9126
Introduced by Representative Jaime R. Fresnedi
EXPLANATORY NOTE
Article V of the Constitution provides for the right to suffrage, to wit:
``SECTION  1. Suffrage may be exercised by all citizens Of the Philippines
not otherwise disqualified by low 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  propose  to  vote  f;or  at  least  six  mcinths  immediately
preceding   the   election.      No   literaay,   property,   or   other   substantive
reqwiremehi shall be imposed on the exercise Of suffiage. "
Further,  Section  118 of Batas Pambansa 81g.  881,  also known as the Omnibus
Election  Code,  provides  for the  disqualification  of a  citizen  of the  Philippines  from
voting:
" Section 118. Disqualif ications. -The f ;ollowing shall be disqualif ted f rom
voting,
(a)  Any  person who  has  been  sentenced  by final  judgment  to  suffer
imprisonmehi f;or not less than one year, such disability not having
been  removed  by  plenary  pardon  or  granted  amnesty;  Provided,
however, That any person disqudified to vote under this paragraph
shall automatically reacqujre the righi to vote upon expiration of ftye
years after service of sentence.
fo)  Any person who has been adyudged by final judgment by competehi
court or tribunal Of having committed any crime involving dislayalty
to  the   drly  constituted  goverrment   such  as  rebellion,   sedition,
violation  Of the  anli-subversion  and firearms  lc[ws,  or  any  crime
against national security, unless restored to his full civil cnd political


rights in accordance with the law : Provided, That he shall regain his
right to vote automatically upon expiration Of ftye years c[fter service
Of serttence.
(c)  Insane or incompetent persons as declared by cornpetertt authority. "
CORELEC   Resolution   9371   entitled   "Rules   and   Regulations   on   Detainee
Registration  and  Voting  in  connection  with  the  May  13,  2013  National  and  Local
Elections and subsequent elections thereafter" likewise provided the  abovementioned
conditions on disqualifications of voters.
A petition for CeJ?7.ortzrJ. and Prohibition with Application for Injunctive Relief
was  flled  assailing  COMELEC  Resolution  9371.     On  April   16,  2016,  a  decision
rendered  by  the  Supreme  Court  partially  granted  the  application  for  a  Temporary
Restraining Order insofar as it would impact the conduct of the 2016 Local Elections.
The said decision allowed the detainees to vote, if they so choose, only for candidates
for national elections.   It stemmed from the concern that Resolution 9371  lacked clear
guidelines and parameters on detainee registration.
However,   on   August   26,   2022,   the   Supreme   Court   lifted   the   temporary
restraining order, thus PDLs can now fully exercise their right to vote both in the local
and national elections.
This Representation recognizes every citizen's right to vote and be elected and
to take part in the conduct of public affairs.  The Universal Declaration of Human Rights
recogiv+zes that Cceveryone has the righi to take part in the govermmehi Of his country,
directly through f reely chosen representatives ." Moreover , the lntemdrioITal CoNenfrrit
on Civil and Political RIghts, as enshrined in Article 25, recognizes every citizen's right
and opportunity to vote, without distinction of any kind and unreasonable restrictions.
However, this right to suffrage is not absolute as there are parameters mentioned
in  the  fundamental  law  of the  land  which  states,  "S2/jffrtzge  77'zcJ);  ZJe  eJxercz.sec7 by a//
citizens Of the  Philippines not otherwise disqualified by low ." Ttlus, as long as a. low
provides for additional conditions and parameters this right would be qualified or at the
very least be limited.
This Bill seeks to clarify the right to vote of persons Deprived of Liberty (PDLs).
While  it  does  not  intend to  disenfranchise  PDLs,  this  proposed  legislation  however
would like to clarify how they may participate in the electoral process.
A  few  reasons  as  to  why  this  right  should  be  qualified  must  be  taken  into
consideration.   Some PDLs are not residents of the place they are confined in thus may
be said to have no stake in the results of any local elections there.  More often than not,
they are detained in the place not of their choosing.  As after custodial investigation, a
commitment order will be given to them assigning them in the penal  facility which is


under the jurisdiction of the place where the crime has been committed as they await or
undergo trial.
It is clear from the law that a detainee refers to any person:  (1) confined in jail,
formally  charged  for  any  crime/s  and  awaiting/undergoing  trial;  or  (2)  serving  a
sentence of imprisonment for less than one (1) year; or (3) whose conviction of a crime
involving  disloyalty  to  the  duly  constituted  government  such  as  rebellion,  sedition,
violation of the firearms laws or any crime against national  security or for any other
crime is on appeal.
It may be considered therefore that some PDLs are "forced residents" of the place
where they are confined in.   They have no choice in the matter.   More often than not,
they are not aware of the political climate, and that they may not be too knowledgeable
of the persons running for a particular local government post.   These PDLs might also
be pressured into voting unscrupulous local politicians to change the political landscape.
In view of the foregoing, the early passage of this bill is earnestly sought.
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESHNTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
frousEBILLNO.9126
Introduced by Rep. Jaime R. Fresnedi
AN ACT PRESCRIBING THE PARAMETERS OF THE RIGHT TO VOTE OF
PERSONS DEPRIVED 0F LIBERTY
Be  it  erracted by  the  Serrate and the  House  Of RIpresentatives  Of the  Philippines  in
Congress assembled:
sECT|c}}`T-  I .  Dc;+L-,tc,~,-~Tut,Lu+,Tf t,-,f rT`uq,I,t.+y:  -If ib~ ilel~eby del+Iai-ed  file  pO}ic5t-Of ifee  stiaiTct;+  fo
uphold the political right to suffrage of the people.  It shall endeavor to provide an environment
where this right may be exercised by the people, regardless of whether they are free or deprived
of liberty.
Toward this end, the government shall come up with measures to achieve this without
sacrificing the sanctity and essence of the electoral process.
SIEC.  2.  Voting Parameters  Of Persons  Deprived  Of Liberty.  -Perscius  deprived Of
liberty (PDLs) who are not disqualified as provided under Section 118 of Batas Pambansa 81g.
881  may  vote  during  elections:  PJ.ovz.czecz,  That they  may  only  vote  for persons  running for
national positions.
SEC.  3. /"p/e"e#/;.ng Rat/es fl"c7Reg#/cz/z.o#f. -The Commission on Elections,  shall,
within ninety  (90)  days  upon  the  effectivity  of this  Act,  shall  come up  with  the  rules  and
regulations for its effective impiementation.
SEC.    4.    Sepczrczz)I./I.fy    C/cz#Je.    -    Should    any    provision    herein    be    declared
unconstitutional, the same shall not affect the validity of the other provisions of this Act.
SEC.  5. jlepecz/z.ng C/¢#se.  - All decrees, executive orders, rules and regulations,  or
parts  thereof,  inconsistent  with the  provisions  of this  Act  are  hereby  deemed  repealed,  or
Lndifiedee,cerdingl-y.
SEC.  6. Ejj/ec/I.vz.ty. -This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.
Approved