2023 Political Law, Q17

Congress enacted a law providing for mandatory biometrics voter registration. The Commission on Elections (COMELEC) then issued resolutions implementing said law and further providing that registered voters who fail to submit their biometrics for validation by the last day of filing of application for registration for the May 2025 elections shall be deactivated. Consequently, those who fail to be validated, those without biometrics data, or those who have incomplete biometrics data will be deactivated and shall not be allowed to vote. A petition for certiorari and prohibition was filed before the Supreme Court assailing the constitutionality of the law and the COMELEC resolutions, on the ground that biometrics validation constitutes an additional and substantial qualification not contemplated by the 1987 Constitution, because non- compliance therewith results in voter deactivation. Will the petition prosper? Explain briefly.

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Will the petition assailing mandatory biometrics voter registration and voter deactivation prosper?

Under Article V, Section 1 of the 1987 Constitution, which requirement is explicitly prohibited for the exercise of suffrage?

What is the legal character of voter registration under Philippine constitutional law?

Why does deactivating voters without biometrics data not violate the right of suffrage?

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Under Article V, Section 2 of the Constitution, what power is expressly granted to Congress regarding elections?

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1. Right Of Suffrage
Under Article V, Section 1 of the 1987 Constitution, the right of 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. Constitutional qualifications are exclusive, and Congress cannot add or subtract substantive qualifications for voting.

2. Procedural Registration System
Article V, Section 2 of the 1987 Constitution mandates Congress to provide a system for securing the secrecy and sanctity of the ballot, as well as a system for the registration of voters. Registration is not a substantive qualification for the exercise of the right of suffrage, but a procedural condition and regulatory mechanism to establish an individual's eligibility to vote. Mandatory biometrics registration falls within the legislative power to regulate elections. Biometrics capture acts as a procedural tool to verify voter identity and ensure clean and credible electoral rolls.

3. Biometrics Validation Deactivation
Deactivation of voters who fail to submit biometrics data does not constitute an unconstitutional restriction or an additional substantive qualification for voting. Rather, deactivation serves as a reasonable administrative remedy to sanitize voter lists by removing double, phantom, or fictitious registrants. The state validly exercises police power in mandating biometrics validation to safeguard election integrity. Affected voters retain the procedural opportunity to reactivate their registration status upon compliance with validation requirements, preserving their constitutional right to vote once identity verification is completed.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026