Akbayan-Youth v.

COMELEC (2001)
Complainants: Akbayan-Youth
Respondents: Commission on Elections (COMELEC)
Topic: Suffrage
Justice: Buena. J.
NOTE: Also Legal Method Construction in Relation to Other Statutes
SUMMARY: Petitioners sought to compel respondent COMELEC to hold a two-day special
voters registration. By harmonizing two provisions from different laws, the Court ruled that
COMELEC did not act with grave abuse of discretion in denying petitioners request.
FACTS:

Petitioners, representing the youth, sought to direct respondent COMELEC to conduct a

two-day special voters registration before the May 14, 2001 general elections, for the
four million youth who failed to register on or before the December 27, 2000 deadline set
by respondent under R.A. 8189.
Respondent issued Resolution No. 3854, denying the request of the petitioners on the
ground that Section 8 of R.A. 8189 explicitly provided that no registration shall be
conducted during the period 120 days before a regular election and that the respondent
had no more time left to accomplish all pre-election activities.
Petitioners then filed the instant petition for certiorari and mandamus, seeking to
overturn respondents Resolution. Petitioners cited the stand by powers of COMELEC
in R.A. 8436 which empowers it to designate other dates for pre-election acts including
registration.

ISSUE/S:

WON respondent COMELEC committed grave abuse of discretion in issuing the

assailed Resolution denying petitioners request
o NO. As a rule, every new statute should be construed in connection with those
already existing in relation to the same subject matter, and all should be made to
harmonize and stand together, if they can be done by any fair and reasonable
interpretation (i.e. Interpretare et concordare legibus est optimus interpretandi
best method of interpretation is that which makes laws consistent with other
laws).
o The Court ruled that RA 8189 and RA 8436 do not contradict one another. While
R.A. 8436 allows the COMELEC to designate other dates, such is in the premise
that these certain pre-election acts like the registration are still capable of being
reasonably performed vis-a-vis the remaining period before the date of the
election and the conduct of other pre-election activities required under the law.

WON Court can compel respondent COMELEC via mandamus to conduct a special
registration period
o NO. Petitioners failed to establish, to the satisfaction of this Court, that they are
entitled to the issuance of this extraordinary writ to effectively compel respondent
COMELEC to conduct a special registration of voters. For the determination of
whether or not the conduct of a special registration of voters is feasible, possible
or practical within the remaining period before the actual date of election,
involves the exercise of discretion and thus, cannot be controlled by mandamus.

NOTES:

Pardo, dissenting:
o Using the same legal principle of harmonizing seemingly conflicting statutes, the
designation of additional registration dates is still reasonable. The legislative
history of RA 8436 going all the way back to the Commonwealth era show that
the COMELEC was vested with power to fix other periods for certain preelectoral requirements in order that voters shall not be deprived of their right of
suffrage. In other words, the RA 8436 and RA 8189 should be construed
harmoniously such that the right of suffrage will not be hampered.
o The prescribed period of 120 days in RA 8189 is directory, not mandatory, and
COMELEC is vested with the standby power to conduct pre-election activities
including registration beyond the deadline prescribed by law, in order not to
impair the right of suffrage of the people as guaranteed in the Constitution.
Millions of qualified voters were not able to register before the 120 day period
due to failure on the part of COMELEC to conduct an nationwide public
information campaign. Moreover, if 120 days were counted from May 14, 2001,
the date of election, the deadline would have to be January 14, 2001, not
December 27, 2000, which is the deadline set by COMELEC.