Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 565

Introduced by Representative Jaime R. Fresnedi

EXPLANATORY NOTE

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.

Article V of the Constitution provides for the right to suftrage, to wit:

“SECTION 1. 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 propose 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.”

Further, Section 118 of Batas Pambansa Blg. 881, also known as the Omnibus
Election Code, provides for the disqualification of a citizen of the Philippines from voting:

“Section 118. Disqualifications. ~ The following shall be disqualified from
voting:

a) Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one year, such disability not having been
removed by plenary pardon or granted amnesty: Provided, however, That any
person disqualified to vote under this paragraph shall automatically reacquire
the right to vote upon expiration of five years after service of sentence.

b) Any person who has been adjudged by final judgment by competent
court or tribunal of having committed any crime involving disloyalty to the duly
constituted government such as rebellion, sedition, violation of the anti-
subversion and firearms laws, or any crime against national security, unless
restored to his full civil and politicalrights in accordance with the law:
Provided, That he shall regain his right to vote automatically upon expiration
of five years after service of sentence.


) Insane or incompetent persons as declared by competent authority.

COMELEC 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 Certiorari and Prohibition with Application for Injunctive Relief was
filed 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 recognizes
that “everyone has the right to take part in the government of his country, directly through
‘freely chosen representatives,” Moreover, the International Covenant 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, “Suffrage may be exercised by all citizens of
the Philippines not otherwise disqualified by law.” Thus, as long as a law provides for
additional conditions and parameters this right would be qualified or at the very least be
limited.

‘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 immediate approval of this bill is earnestly sought.

JAIME NEDI
Rbptesentative
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 565_

Introduced by Representative Jaime R. Fresnedi

AN ACT
PRESCRIBING THE PARAMETERS OF THE RIGHT TO VOTE OF PERSONS
DEPRIVED OF LIBERTY

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

Section 1. Declaration of Policy. It is hereby declared the policy of the State to 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.

SEC. 2. Voting Parameters of Persons Deprived of Liberty. ~ Persons deprived of liberty
(PDLs) who are not disqualified as provided under Section 118 of Batas Pambansa Blg. 881
may vote during elections: Provided, That they may only vote for persons running for national
positions.

SEC. 3. Implementing Rules and Regulations. - The Commission on Elections
(COMELEC), shall, within ninety (90) days upon the effectivity of this Act, shall come up with
the rules and regulations for its effective implementation.

SEC. 4. Separability Clause. — If any portion or provision of this Act is subsequently
declared invalid or unconstitutional, other provisions hereof which are not affected thereby
shall remain in full force and effect.

SEC. 5. Repealing Clause. — All laws, decrees, ordinances, administrative order, rules
and regulations, or any part thereof, which are inconsistent with this Act are repealed or
amended accordingly.

SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette and at least two (2) newspapers of national circulation.

Approved,