AKBAYANYouthvsCommissiononElection

Political Law Election Laws Right of Suffrage Extension of Voters

Registration
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. AKBAYANYouth 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. The State, in the 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.