Practice question
A registered voter is detained during trial with no final judgment and no other established electoral disqualification. Officials say detention both automatically cancels registration and authorizes the warden to cast the voter's choice by proxy. Which is best?
- Neither follows; the voter's qualification and lawful personal voting arrangements must be respected
- Both are automatic consequences of detention
- Only the warden owns the vote
- A pending charge establishes guilt for every purpose
- A detainee may cast unlimited ballots
Legal references
- COMELEC Resolution No. 9371, Rules on PDL Registration and Voting: https://www.comelec.gov.ph/index.html?r=2016NLE%2FDetaineeVoting%2Fres9371
- Aguinaldo v. New Bilibid Prison, G.R. No. 221201, March 29, 2022, main resolution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/18/68250
- Republic Act No. 8189, Sections 9 and 11: https://lawphil.net/statutes/repacts/ra1996/ra_8189_1996.html
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