PLAI

← 2026 · Political & Public International Law

With the approach of the January 2028 National and Local Elections, the Commission on Elections (COMELEC) authorized the conduct of voter…

2026 Bar Exam · Political & Public International Law · Question 12 · Essay

The question

With the approach of the January 2028 National and Local Elections, the Commission on Elections (COMELEC) authorized the conduct of voter registration and voting activities in the Kulungan City Jail, designating it as a special polling place for qualified Persons Deprived of Liberty (PDL) voters. The following PDLs sought to register and vote in the 2028 elections: Cheska was convicted of estafa by final judgment and sentenced to eight months’ imprisonment. She is currently serving her sentence. She registered as a voter and sought to vote. JK was convicted of rebellion, a crime involving disloyalty to the duly constituted government, and sentenced to six years’ imprisonment. He has appealed his conviction and the appeal is currently pending before the Court of Appeals. He registered as a voter and sought to vote. Mats is detained for the illegal sale of dangerous drugs punishable by life imprisonment under Republic Act No. 9165. He has not yet been arraigned and no plea has been entered. He sought to register and vote. Rule on the eligibility of Cheska, JK, and Mats to register and vote in the 2028 elections.

Held

Cheska is eligible to register and vote; JK is eligible to register and vote; Mats is eligible to register and vote, on the stated criminal-case facts (Section 11, The Voter’s Registration Act of 1996). Eligibility remains subject to the ordinary citizenship, age, residence and registration requirements.

"Disqualification. The following shall be disqualified from registering: a) Any person who has been sentenced by final judgment to suffer imprisonment of not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence; b) Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as r…
Section 11, The Voter’s Registration Act of 1996

A conviction is not final merely because a trial court has found the accused guilty. A pending appeal prevents finality. Rule 120, Section 7 identifies finality upon expiry of the appeal period, service or satisfaction of sentence, written waiver of appeal, or an application for probation. Detention pending trial is not a final conviction (Rule 120, Section 7, The Revised Rules of Criminal Procedure).

Cheska is serving a sentence of 8 months under a final conviction. This is below the one-year threshold in Section 11(a). Accordingly, Cheska is eligible on these facts.

JK has a pending appeal, so there is no final conviction for the voting disqualification. The disloyalty ground also requires final judgment; the nature of the charge alone does not suffice. Accordingly, JK is eligible on these facts.

Mats is detained without a conviction. The possible penalty for the charge does not substitute for an actual final judgment and sentence. Accordingly, Mats is eligible on these facts.

  • a constitutional provision is among the sources and controls over any conflicting statute
This is general legal information, not legal advice.