AKBAYAN-Youth vs Commission on Election

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 preelection 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.