AKBAYAN YOUTH v.

COMELEC

Around 4 million youth failed to register as voters by the December 27, 2000 deadline set by COMELEC
under RA 8189. Petitioners now want to COMELEC to hold a special registration before the May 14, 2001
General Elections, for those 18-21.

Sen. Raul Roco, Chairman of the Committee on Electoral Reforms, Suffrage, and Peoples Participation,
invited COMELEC for a public hearing. They agreed to the legal feasibility of a 2-day extension (Feb 17-
18, 2001) nationwide to renew political awareness and interest in the youth with the following
safeguards:

1. Applicants shall be 25 years of age or less and first time registrants on May 14, 2001;
2. Applicants shall register in their places of residence; and
3. Applicants shall present valid ID (ex: school records)

and the following preparatory activities:

1. Submission of the list of students and their addresses immediately prior to the actual reg;
2. COMELEC officers would be given the opportunity to verify the voters enumerators list/
conduct ocular inspection;
3. Availability of funds for the purpose; and
4. Meetings with student groups to ensure orderly and honest conduct of the reg and to drum up
interest among new voters.

Commissioner Borra, regional heads, representatives and senior staff disapproved the request for the 2-
day extension (Resolution No. 3584) because: (a) RA 8189 explicitly provides that no reg shall be
conducted 120 days before a regular election and that (b) COMELEC has no more time to accomplish
pre-election activities.

THUS, the filing of this case to nullify Resolution, declare RA 8189 unconstitutional, and pray for the writ
of mandamus to push through with the 2-day extension (Consolidated with Michelle Betitos mandamus
petition).

SOLGEN: in lieu of comment, recommended that 2-day extension be pushed through.

ISSUES:

1. WON COMELEC committed grave abuse of discretion in issuing Resolution 3584

2. WON Court can compel COMELEC to conduct special registration

THE PETITIONS ARE BEREFT OF MERIT

Sec 1, Art. V, Constitution: The right to suffrage has the indispensible precondition of registration.

-Petitioners cannot denigrate the importance of registration

Sec 8, RA 8189

...No registration shall, however, be conducted during the period starting 120 days before a
regular election and 90 days before a special election.

Sec 35, RA 8189

Any registered voter, representative of a political partymay file (for a petition for exclusion of
voters from the list)except100 days prior to a regular election.

-This prohibitive period is necessary because it is a safety mechanism against non-qualified

registrants as it gives as it gives COMELEC time to evaluate evidence on application.

-This prohibitive period has to be adjusted to a later date to accommodate the extended
registration. If not, no one can challenge the List because it will be well within the 100 days.

>>Flagrant breach of due process and leaves voters list to abuse and compromise, and
consequently, the entire election would have a cloud of doubt.
THE RESPONDENTS REMAIN UNDAUNTED BY POSSIBLE BREACH OF INTEGRITY

-They invoked standby or residual powers of COMELEC

SEC 29, RA 6646 as adopted verbatim in Sec 28, RA 8436

If it should no longer be possible to observe the periods and dates prescribed by law for certain
pre-election acts, COMELEC shall fix other periods and dates in order to ensure accomplishments of the
activities so voters shall not be deprived of their right to suffrage.

>>>Registration is concededly a pre-election act as defined in Sec 3(a), RA 8189

***STATCON***
-Every new statute should be construed in connection with those already existing in relation to the same
subject matter.

Sec 28, RA 8436 can be reconciled with Sec 8, RA 8189

-While Sec 28, RA 8436 explicitly prohibits registration 120 days before a regular election, Sec 8,
RA 8189 allows such pre-election acts to be moved IF such acts can be done in the available
period prior to Election Day.

>>>COMELEC emphasized the operational impossibility of pre-election acts w/in the

available time left (they gave a long list of things to be done)

-RECALL: contemporary construction

-There is no obligation to do an impossible thing, impossibilium nulla obligation est.

HELD:
As to grave abuse of discretion:

-COMELEC pegged registration deadline on Dec 7, 2000 and not on Jan 13, 2001 (day before 120-day
prohibitive period)

>>No evidence that any of the petitioners were barred from registering from Dec 7-Jan 13.
Besides, they admitted that they failed to register for whatever reason so its their fault.

As to prayer of issuance of writ of mandamus:

-writ compels an officer to perform a ministerial duty, not a discretionary one

-determination of feasibility of special registration cannot be compelled by writ

FURTHERMORE

House Bill 12930 & Senate Bill 2276 have been filed to amend 120-day prohibitive period.

-This stresses the fact that there is indeed a legal obstacle in the way of holding a special
registration period

***Dissenting*** Pardo, J.

-Sec 8, RA 8189 is directory, not mandatory

-It is COMELECs fault that a lot were not able to register due to failure to conduct a nationwide public
information campaign

-COMELEC actually misled public by declaring Dec 27, 2000 to be the last day of reg. Counting 120 days
from May 14, 2001, the last day is actually Jan 14, 2001