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Akbayan-Youth v.

Comelec Facts: Petitioners (representing youth) seek to direct COMELEC to conduct a special registration of new voters aged 18-21 before May 14 2001 Elections because 4 million youth failed to register. The request was disapproved by COMELEC on the ground that Sec. 8, RA 8189 explicitly provides that no registration shall be conducted during period starting 120 days before a regular election & that the Comission has no more time to accomplish all pre-election activities. In line with such disapproval, COMELEC issued Resolution No. 3584 on Feb 8, 2001 denying the request to conduct a two-day additional registration. The petitioners: Filed petition for Certiorari and Mandamus to set aside and nullify Resolution No. 3584 and/or declare Sec. 8 RA 8189 unconstitutional insofar as it causes disenfranchisement of petitioners similarly situated. Prayed for issuance of mandamus to direct COMELCT to conduct special registration of new voters.

Petitioners argument: COMELEC can validly and legally conduct a two-day special registration under Sec. 28, RA 8436, which provides that COMELEC can shall fix other periods and dates in order to ensure accomplishment of the activities so voters shall not be deprived of their right to suffrage in case it should no longer be possible to observe the periods and dates prescribed by law for certain preelection acts. Voters were disenfranchised when they pegged the deadline on Dec. 27 instead of Jan 13, which is the day before the prohibitive 120-day period.

Issues: 1. WON COMELEC committed grave abuse of discretion in issuing the Feb. 8 COMELEC Resolution (NO) 2. WON Court can compel COMELEC to conduct special registration of new voters thru writ of mandamus (NO) Held: COMELECs alleged grave abuse of discretion No. The COMELEC did not commit grave abuse of discretion because it acted within the confines of the applicable law on the matter, which is Sec. 8 of RA 8189, explicitly prohibiting the holding of registration during the 120-day period before the actual election: No registration shall, however, be conducted during the period starting 120 days before a regular election. Despite the seeming conflict between Sec. 8, RA 8189 & Sec. 28, RA 8436 (invoked by petitioners), they can be reconciled using the principle of Interpretrare et concordare legibus est optimus interpretandi, which says that every new statute should be construed with those already existing in relation with same subject, and all should be made to harmonize together.

In this case, Sec. 28, RA 8436, far from being in conflict with Sec. 8 RA 8189, is merely not applicable. It would only come into play in cases where the pre-election acts are still capable of being reasonably performed considering the remaining period before the date of election. According to the COMELEC, it was already operationally impossible to conduct special registration considering the time left before elections because a lot of things needed to be done. Concerning the allegation of the petitioners that they were disenfranchised because the deadline was set on Dec. 27 instead of Jan 13, which is the day before the prohibitive 120-day period, it is not sufficient because there is no showing that any one of the petitioners were denied of the continuing registration under RA 8189. Stated in a different manner, the petitioners are not without fault or blame inasmuch as they failed to register within the period provided. Compelling COMELEC to conduct special registration thru mandamus No. The Court cannot issue a writ of mandamus in this case because conducting special registration is a discretionary matter. The remedy of mandamus only lies to compel an officer to perform a ministerial duty; mandamus will not issue to control the exercise of discretion of a public officer where the law imposes upon him the duty to exercise his judgment because it is precisely his judgment that is to be exercised and not that of the court. In this case, the determination of WON the conducting of special registration between voters is feasible, possible, or practical within the remaining period before election involves the exercise of discretion, therefore, it cannot be controlled by mandamus. On Interpretrare et concordare legibus est optimus interpretandi Means that the best method of interpretation is that which makes laws consistent with other laws. Instead of declaring outright invalidity of one against the other, the courts should harmonize because they are equally the handiwork of the same legislature.

PARDOS DISSENT Petitioners petition states that the absence of a massive and active information campaign caused more or less 4 million voters to be uninformed of the last day of continuing registration. The issues of this case are WON COMELEC committed grave abuse of discretion in 1. ruling that deadline for registration of voters was on Dec. 27, 2000 and failing to give adequate publicity for the deadline 2. denying the petition of those who were unable to register to be given special time to register after such deadline The importance of right to suffrage is emphasized by several laws enacted by Congress, such as RA 6646 (The Electoral Reforms Law of 1981), Sec. 28 of RA 8436, and PD 1296 (1978 Election Code). Basically, COMELEC was vested with power to fix other periods for certain pre-electoral requirements in order that voters shall not be deprived of their right of suffrage when the same cannot be reasonably held within the period provided by law. The registration during the 120-day prohibition period as provided by Sec. 8, RA 8189 is merely directory, not mandatory. COMELEC is prescribed with power to conduct pre-election activities, including registration of voters beyond deadline prescribed by law.

COMELEC has misled the public in declaring that Dec. 27, 2000 is the deadline because the last day before the 120 day period starts on Jan. 14, 2001. This fact has disenfranchised voters and deprived voters of their right of suffrage. Legal and operational problems which COMELEC said it would encounter with holding of special registration can be solved with proper planning anyway.

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