Voting Rights of Persons with Dementia in the Philippines A doctrinal, jurisprudential & policy survey
Abstract
In Philippine law a diagnosis of dementia, by itself, does not cancel a person’s right to vote. Only a judicial declaration of “insanity or incompetence” can trigger the statutory disqualification found in the Voter’s Registration Act of 1996 and the Omnibus Election Code. This article maps the constitutional, statutory, administrative and international-law rules that shape the franchise of Filipinos living with dementia, examines unresolved doctrinal gaps, and offers reform pointers in light of the U.N. Convention on the Rights of Persons with Disabilities (CRPD).
1 Constitutional Bedrock
| Provision | Key language | Relevance to dementia |
|---|---|---|
| Article V, § 1, 1987 Constitution | “Suffrage may be exercised by all citizens of the Philippines … No literacy, property, or other substantive requirement shall be imposed.” | Establishes voting as a fundamental right; makes Congress the gate-keeper but bans substantive exclusions other than age, residence and citizenship. |
| Article II, § 11 | State values the dignity and human rights of every person. | Guides statutory interpretation toward inclusion. |
The Charter contains no express mental-capacity disqualification. Any limit must therefore come solely from statute and must survive strict scrutiny whenever it collides with the equal-protection clause.
2 Statutory Framework
2.1 Omnibus Election Code (B.P. Blg. 881, 1985)
- § 118(1): “No person may be registered xxx who has been declared insane or incompetent by competent authority**, unless later certified competent.
2.2 Voter’s Registration Act of 1996 (R.A. 8189)
- § 10(d) echoes the same “insane or incompetent” wording and adds that the declaration must be final and executory.
Take-away: Dementia ≠ automatic disqualification. Only a court order (under Rule 92-97 of the Rules of Court on guardianship) can brand a voter “incompetent.” A mere medical certificate—or a poll clerk’s personal opinion—has no legal effect.
2.3 Accessible Voting Law for PWDs & Senior Citizens (R.A. 10366, 23 Feb 2013)
Creates Early Voting Centers (EVCs) and Accessible Polling Places (APPs); commands the COMELEC to provide:
- priority lanes & signage
- assistive ballots and Braille templates
- trained poll workers and “assisted voting” protocols (see § 10).
2.4 Mental Health Act (R.A. 11036, 20 June 2018)
Affirms the legal capacity of persons with psychosocial disability, lists the “right to vote and to participate in political processes” (§ 5 (f)). Although primarily a health statute, it strengthens any constitutional attack on competence-based exclusions.
2.5 Senior Citizens Act (R.A. 9994, 15 Feb 2010)
Mandates barrier-free access to public facilities—a hook used by COMELEC when issuing accessible-polling regulations.
3 COMELEC Regulations & Practice
| Resolution | Highlights | Dementia-specific effect |
|---|---|---|
| Res. No. 9868 (03 Apr 2014) | General guidelines for PWD/Senior APPs; creation of the PWD/Senior database in the voter roll. | Allows a voter (or relative) to mark “cognitive disability” during registration. |
| Res. No. 10108 (12 Jan 2016) | Implementation rules for R.A. 10366 in the 2016 polls. | Prescribes “Assisted Voting Form” and limits assistance to a relative within 4th civil degree or a board of election inspector (BEI). |
| Res. No. 10525 (11 Jun 2019) | Pilot early voting for persons with disability and seniors. | Reduces waiting time—critical for voters with agitation or confusion. |
Assisted voting (§ 205, Omnibus Election Code)
- One assistant only; must be of voting age and will sign the pollbook.
- BEI issues an oath that the assistant will “not influence nor reveal” the voter’s choice.
- A voter may refuse the default assistant if they feel coerced.
4 Interaction with Guardianship & Competence Proceedings
- Guardianship (Rule 92-97, Rules of Court; Arts. 678-689, Civil Code) requires clear and convincing medical evidence that the ward is unable to manage personal affairs.
- Once a Letters of Guardianship order becomes final, the ward fits § 10(d) of R.A. 8189 and may be stricken from the precinct book by the Election Registration Board (ERB) after due notice.
Practical note: Families sometimes seek guardianship to access pensions or property but neglect to inform the voter’s local ERB. In those cases the name remains in the list and the person may still cast a ballot; the vote is legally valid unless an election contest proves ineligibility.
5 Jurisprudence (Philippine Supreme Court)
There is no reported case squarely on “dementia + suffrage.” Related rulings provide guideposts:
| Case | G.R. No. | Ratio involving voting capacity |
|---|---|---|
| Frivaldo v. COMELEC (1996) | 120865 | Upholds popular choice; cautions against strict technical barriers to suffrage. |
| Simbulan v. COMELEC (1999) | 132741 | Reiterates that disqualifications must be expressly provided by law. |
| Estrada v. Desierto (2001) | 146710 | Discusses mental incapacity but in context of presidential fitness, not voting. |
Local trial-court orders declaring incompetence are seldom published, leaving a gap in precedent on how judges apply competence criteria to dementia.
6 International-Law Lens
The Philippines ratified the CRPD on 15 Apr 2008; under Art. II, § 2 of the Constitution it forms part of national law. Article 29 CRPD prohibits denial of voting rights on the ground of disability, while Article 12 enshrines equal legal capacity. The U.N. Committee has condemned any blanket “mental incapacity” exclusions.
Implication: Section 10(d) of R.A. 8189—when it singles out “insane or incompetent” voters—faces a potential convention-based challenge unless narrowly construed to require individualized, procedural-due-process safeguards.
7 Key Operational Issues for Voters with Dementia
| Stage | Legal safeguard | Problems on the ground |
|---|---|---|
| Registration | ERB must hold a public hearing before removing a name. | Families rarely contest removals; voters are delisted without appeal. |
| Identification on election day | Any government ID or voter’s certification. | Late-stage dementia may hinder recall of address or birthdate; BEIs sometimes rely on companions, raising privacy concerns. |
| Casting the ballot | Assisted voting allowed; secrecy of vote still applies. | Risk of undue influence by caregiver; BEIs seldom trained to detect coercion. |
| Challenged ballot | Ground: “not the same person” or “declared insane.” | Proof of court judgment seldom available at precinct level, so challenges rarely prosper. |
8 Reform Proposals
Legislative clean-up: Delete “insane or incompetent” from § 10(d) R.A. 8189 and replace with a functional, CRPD-compliant test—e.g., “only those under a final guardianship order that expressly suspends electoral rights, issued after full due-process”.
Supported Decision-Making (SDM): Issue COMELEC rules allowing a voter to designate a support person in advance, limiting assistance to expressing the voter’s own will.
Capacity-assessment protocol: Provide BEIs a quick reference (checklist) to handle dementia-related confusion without resorting to exclusion.
Targeted voter-education: Produce dementia-friendly sample ballots and audio guides in major Philippine languages.
Data transparency: Publish anonymized statistics on voters removed under § 10(d) to gauge the real-world impact and spot discriminatory trends.
9 Conclusion
The Philippine legal order presumes competence, not incapacity. Until and unless a court says otherwise, a Filipino with dementia remains a full rights-holder under Article V of the Constitution. The statutory disqualification for the “insane or incompetent” should therefore be read narrowly—and, in light of the CRPD, is ripe for legislative refinement. Administratively, COMELEC has laid a decent accessibility scaffold, but implementation gaps, stigma and lack of dementia-specific training still threaten the secret, free and meaningful vote promised to every citizen.
Selected References
- 1987 Constitution, Arts. II (§ 11), V (§ 1), IX-C
- Batas Pambansa Blg. 881 (Omnibus Election Code), §§ 118, 205
- Republic Act No. 8189 (Voter’s Registration Act of 1996), § 10
- Republic Act No. 10366 (Voting Accessibility Act, 2013)
- Republic Act No. 11036 (Mental Health Act, 2018)
- Rules of Court, Rules 92-97 (Guardianship)
- COMELEC Resolutions 9868 (2014), 10108 (2016), 10525 (2019)
- U.N. Convention on the Rights of Persons with Disabilities, Arts. 12, 29
(Current as of 15 May 2025, Philippine Standard Time)