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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWX. ELECTION LAWA. Suffrage, Qualification and Disqualification of Voters (1987 Constitution, Art. V, sec. 1, R.A. No. 8189, secs. 9 and 11)

Question

X. ELECTION LAW
Topic: Suffrage, Qualification and Disqualification of Voters

Scenario:

During the recent local elections, several individuals have raised concerns about the eligibility of certain voters. As a legal expert, you have been tasked to analyze the following situations based on the provisions of the 1987 Constitution and relevant laws:

  1. Mr. Santos, a 16-year-old student, wants to cast his vote in the upcoming barangay elections. He argues that he is entitled to exercise his right to suffrage since the legal age of majority is 18 years old. Is Mr. Santos qualified to vote under Philippine election laws?
  2. In Barangay Maganda, there is a candidate running for the position of Punong Barangay who was found guilty of a crime and sentenced to imprisonment. However, the candidate claims to have been granted executive clemency and asserts that he should no longer be disqualified from running for public office. Is the candidate eligible to run for the position of Punong Barangay despite his previous conviction and subsequent clemency?
  3. Ms. Reyes, a Filipino citizen, moved to the United States permanently five years ago but maintained her Philippine citizenship. She plans to fly back to the Philippines to vote in the national elections. Is Ms. Reyes allowed to vote in Philippine elections considering her residence abroad?



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