Topic: Voters - Registration

Akbayan Youth v COMELEC

G.R No. 147066, March 26, 2001
Buena, J.

Petitioners: AKBAYAN-Youth, SCAP, UCSC, MASP, KOMPIL II Youth, ALYANSA,

KALIPI, PATRICIA O. PICAR, MYLA GAIL Z. TAMONDONG, EMMANUEL E. OMBAO,
JOHNNY ACOSTA, ARCHIE JOHN TALAUE, RYAN DAPITAN, CHRISTOPHER OARDE,
JOSE MARI MODESTO, RICHARD M. VALENCIA, EDBEN TABUCOL

Respondents: COMMISSION ON ELECTIONS

FACTS:

 Petitioners—representing the youth sector—seek to direct the Commission on Elections

(COMELEC) to conduct a special registration before the May 14, 2001 General
Elections, of new voters ages 18 to 21.

 According to petitioners, around four million youth failed to register on or before the
December 27, 2000 deadline set by the respondent COMELEC under RA 8189 or
“Voter’s Registration Act of 1996.” Petitioners were requesting for a two-day additional
registration of voters.

 COMELEC Commissioner Borra called a consultation meeting among regional heads

and representatives, and a number of senior staff. It was the consensus of the group to
disapprove the request on the ground that Section 8 of R.A. 8189 explicitly provides that
no registration shall be conducted during the period starting 120 days before a regular
election and that the Commission has no more time left to accomplish all pre-election
activities.

 On February 8, 2001, the COMELEC issued Resolution No. 3584, the decretal portion of
which reads:
“Deliberating on the foregoing memoranda, the Commission RESOLVED, as it hereby
RESOLVES, to deny the request to conduct a two-day additional registration of new
voters on February 17 and 18, 2001.”

 Aggrieved, petitioners, filed before the SC the instant Petition for Certiorari and
Mandamus which seeks to set aside and nullify COMELEC’s Resolution and/or to
declare Sec 8 of RA 8189 unconstitutional insofar as said provision effectively causes the
disenfranchisement of petitioners and others similarly situated.

 Likewise, petitioners pray for the issuance of a writ of mandamus directing respondent
COMELEC to conduct a special registration of new voters and to admit for registration
petitioners and other similarly situated young Filipinos to qualify them to vote in the May
14, 2001 General Elections.
ISSUE: Whether the Supreme Court can compel respondent COMELEC, through the
extraordinary writ of mandamus, to conduct a special registration of new voters during the period
between the COMELEC’s imposed December 27, 2000 deadline and the May 14, 2001 general
elections.

RULING: No.

Sec 8 of RA 8189 provides: The Personal filing of application of registration of voters

shall be conducted daily in the office of the Election Officer during regular office hours. No
registration shall, however, be conducted during the period starting 120 days before a regular
election and 90 days before a special election.”

In this case, the COMELEC in issuing the assailed Resolution, simply performed its
Constitutional task to enforce and administer all laws and regulations relative to the conduct of
an election, inter alia, questions relating to the registration of voters. Hence, whatever action
respondent takes in the exercise of its wide latitude of discretion, specifically on matters
involving voters’ registration, pertains to the wisdom rather than the legality of the act.

Accordingly, in the absence of clear showing of grave abuse of power or discretion on the part of
respondent COMELEC, this Court may not validly conduct an incursion and meddle with affairs
exclusively within the province of respondent COMELEC—a body accorded by no less than the
fundamental law with independence.

PETITION DENIED.

Note:

Voter’s Registration; The act of registration is an indispensable precondition to the right

of suffrage; The State undoubtedly, in the exercise of its inherent police power, may then
enact laws to safeguard and regulate the act of voter’s registration for the ultimate purpose of
conducting honest, orderly and peaceful election.

As to the procedural limitation, the right of a citizen to vote is necessarily conditioned

upon certain procedural requirements he must undergo: among others, the process of
registration.

Specifically, a citizen in order to be qualified to exercise his right to vote, in addition to

the minimum requirements set by the fundamental charter, is obliged by law to register, at
present, under the provisions of Republic Act No. 8189, otherwise known as the “Voter’s
Registration Act of 1996.” Stated differently, the act of registration is an indispensable
precondition to the right of suffrage.