AKBAYAN Youth vs. COMELEC – GR No. 147066.

March 26, 2001

Facts:

1. AKBAYAN-Youth, together with other youth movements south the extension of the registration of voters
for the May 2001 election. The voters registration has already ended on Dec. 27, 2000. AKBAYAN-Youth
asks that persons aged 18-21 be allowed a special 2-day registration.
2. The COMELEC denied the petition. AKBAYAN sued COMELEC for alleged grave abuse of discretion for
denying the petition. They alleged that there are about 4 million youth who were not able to register and
are now disenfranchised.
3. COMELEC invoked Sec 8 of RA 8189 which provides that no registration shall be conducted 120 days
before the regular election. AKBAYAN counters that under Sec 28 of RA 8436, the COMELEC in the
exercise of its residual and stand-by powers, can reset the periods of the pre-election acts including
voters registration if the original period is not observed.

Issue: WON the COMELEC exercised grave abuse of discretion when it denied the extension of the voters
registration? - NO

Held:

WHEREFORE, premises considered, the instant petitions for certiorari and mandamus are hereby DENIED.

1. The COMELEC was well within its right to do so pursuant to the clear provisions of Sec 8, RA 8189 which
provides that no voters registration shall be conducted within 120 days before the regular election.
2. 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 voter’s 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. RA8189 prevails over RA 8436 in that RA 8189’s provision is explicit as to the
prohibition. Suffice it to say that it is a pre-election that cannot be reset.
3. 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
voters, have to be inspected again, verified, sealed, then entered into the computerized voter’s 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.
4. Further still, the allegation that youth voters are disenfranchised is not sufficient. Nowhere in AKBAYAN-
Youth’s 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 Dec 27, 2001. Also,
AKBAYAN Youth 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 their rights.