AKBAYAN-Youth vs Commission on Election
The State, in the
FACTS:
On January 25, 2001, AKBAYAN-Youth, together with other
youth movements sought the extension of the registration of
voters for the May 2001 elections. The voters registration has
already ended on December 27, 2000. AKBAYAN-Youth asks
that persons aged 18-21 be allowed a special 2-day
registration. The Commission on Elections (COMELEC) denied
the petition. AKBAYAN-Youth the sued COMELEC for alleged
grave abuse of discretion for denying the petition. AKBAYAN-
Youth alleged that there are about 4 million youth who were
not able to register and are now disenfranchised. COMELEC
invoked Section 8 of Republic Act 8189 which provides that
no registration shall be conducted 120 days before the
regular election. AKBAYAN-Youth however counters that under
Section 28 of Republic Act 8436, the COMELEC in the exercise
of its residual and stand-by powers, can reset the periods of
pre-election acts including voters registration if the original
period is not observed.
ISSUE:
Whether or not the COMELEC exercised grave abuse of
discretion when it denied the extension of the voters
registration?
HELD:
No. The COMELEC was well within its right to do so pursuant
to the clear provisions of Section 8, RA 8189 which provides
that no voters registration shall be conducted within 120
days before the regular election. The right of suffrage is not
absolute. It is regulated by measures like voters registration
which is not a mere statutory requirement.
exercise of its inherent police power, may then enact laws to
safeguard and regulate the act of voters registration for the
ultimate purpose of conducting honest, orderly and peaceful
election, to the incidental yet generally important end, that
even pre-election activities could be performed by the duly
constituted authorities in a realistic and orderly manner one
which is not indifferent and so far removed from the pressing
order of the day and the prevalent circumstances of the
times. RA 8189 prevails over RA 8436 in that RA 8189s
provision is explicit as to the prohibition. Suffice it to say that
it is a pre-election act that cannot be reset.
Further, even if what is asked is a mere two-day special
registration, COMELEC has shown in its pleadings that if it is
allowed, it will substantially create a setback in the other pre-
election matters because the additional voters from the
special two day registration will have to be screened, entered
into the book of voters, have to be inspected again, verified,
sealed, then entered into the computerized voters list; and
then they will have to reprint the voters information sheet for
the update and distribute it by that time, the May 14, 2001
elections would have been overshot because of the lengthy
processes after the special registration. In short, it will cost
more inconvenience than good. Further still, the allegation
that youth voters are disenfranchised is not sufficient.
Nowhere in AKBAYAN-Youths pleading was attached any
actual complaint from an individual youth voter about any
inconvenience arising from the fact that the voters
registration has ended on December 27, 2001. Also,
AKBAYAN-Youth et al admitted in their pleading that they are
asking an extension because they failed to register on time
for some reasons, which is not appealing to the court. The
law aids the vigilant and not those who slumber on their
rights.