ATTY. ROMULO B. MACALINTAL, VS. COMMISSION ON ELECTIONS AND THE OFFICE OF THE PRESIDENT, THROUGH EXECUTIVE SECRETARY LUCAS P. BERSAMIN.

Ruling

Accordingly, the recognition by the UDHR and the ICCPR of the people's right to take part in the conduct of public affairs, directly or through freely chosen representatives and participate in genuine and periodic elections , subject only to such conditions or restrictions established by law based on objective and reasonable criteria are deemed to be binding on the State and have the force of domestic law. On this score, it is well to note that while the Constitution is silent as to the need to hold the elections periodically, the Constitutional Commission's deliberations reflect this intention. [81] Thus, there is an unquestionable imperative that for our government to be truly representative and democratic, elections must be held periodically and at regular intervals . Right to Vote and Freedom of Expression An important aspect that cannot be detached from any discussion on the exercise of the right of suffrage is the right to freedom of expression. In its essence, the right to free expression involves the freedom to disseminate ideas and beliefs, regardless of its subject and tenor. [82] It includes the entire range of communication, from vocal or verbal expressions to expressive conduct or symbolic speech that incorporates both speech and non-speech elements, including inaction. [83] Freedom of expression is considered as the foundation of a free, open, and democratic society [84] and plays an indispensable role in assuring the fulfillment of our democratic and republican ideal of government. Thus, in Nicolas-Lewis v. COMELEC ( Nicolas-Lewis ), [85] the Court, through Associate Justice Jose C. Reyes, Jr., expressly recognized that the right to participate in the electoral process, which includes not only the right to vote, but also the right to express one's preference for a candidate is intrinsically linked to the right to freedom of expression. Not only does the exercise of the freedom to express one's view on political matters assure individual self-fulfillment to attain the truth; it also secures participation by the people in social and political decision-making, and in maintaining the balance between stability and change. The Court said: A fundamental part of this cherished freedom is the right to participate in electoral processes, which includes not only the right to vote, but also the right to express one's preference for a candidate or the right to influence others to vote or otherwise not vote for a particular candidate. This Court has always recognized that these expressions are basic and fundamental rights in a democratic polity as they are means to assure individual self-fulfillment, to attain the truth, to secure participation by the people in social and political decision-making, and to maintain the balance between stability and change. Rightfully so, since time immemorial, "[i]t has been our constant holding that this preferred freedom [of expression] calls all the more for the utmost respect when what may be curtailed is the