Can Election Day be changed?

Few months more to go before the election; sooner controversies will pop-up from side to side attesting issues of public concern. It is thus very essential to discuss pertinent legal matters about the election. First and foremost, it must be clear that the Election Day is always on the second Monday of May, in this case, May 10, 2004, every three years from the 1992 election (RA 7166). Nevertheless, the congress may change the date of election in special cases, as when there is a failure of election, but it should be as close as possible to the date of election. Again, the congress, not the COMELEC (without proper delegation of legislative power), through a legislative act may alter the date of the election. In this case, if the COMELEC would pass a resolution changing the day of election, it would be null and void.

Corollary to this, COMELEC has the sole authority to extend the election period. The Constitution clearly specified that “unless otherwise fixed by the Commission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter (1987 Constitution, Art. IX, C, sec. 9).” The Congress, in this point, although entrusted with a plenary power to enact laws, has no authority to alter the election period.


A RIGHT TO VOTE OR A PRIVILEGE TO VOTE?

There is a thin demarcation line between these two concepts that is very essential to note. Against popular opinion, there is no right to vote but only a privilege to vote. A “right” is a claim or a title to, or interest in, anything whatsoever that is enforceable by law. It is clear therefore that a right is that which nothing can constrain or control, and is natural to the person. The Constitution enumerates in Article III, Bill of Rights, all the natural rights endowed upon the person. It includes the right to life, liberty, and property and obviously suffrage, or vote, is not included in the enumeration. Suffrage rather is covered by another article in the Constitution.

Suffrage is a privilege given to individuals, who have reached the age of eighteen and duly registered to the List of Voters by the Commission on Election, and who 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. Definitely, with the qualifications given, suffrage is acquired if and when you have the qualifications and non of the disqualifications. Furthermore, being a privilege, it may be enlarged, restricted, granted, or withheld by the state. This is the reason why some convicted criminals are restricted to vote and cannot exercise such privilege. In addition, no person can be imprisoned for not exercising the privilege to vote.