Documente Academic
Documente Profesional
Documente Cultură
COMELEC
Facts:
1. Petitioners represent the youth sector and they seek to
seek to direct COMELEC to conduct a special
registration before the May 14, 2001 General
Elections, of new voters ages 18 to 21. [2-day special
additional registration of new voters only on Feb 17
and 18, 2001]
a. around four million youth failed to register on or
before the December 27, 2000 deadline set by
the respondent COMELEC.
2. COMELEC issued Resolution No. 3584 disapproving the
request for additional registration of voters
a. Section 8 of R.A. 8189 explicitly provides that no
registration shall be conducted during the
period starting one hundred twenty (120) days
before a regular election and that the
Commission has no more time left to accomplish
all pre-election activities.
3. Petitioners filed before the SC a petitioner for certiorari
and mandamus
a. To set aside and nullify respondent COMELECs
Resolution; and/or
b. To declare Section 8 of R. A. 8189
unconstitutional insofar as said provision
effectively causes the disenfranchisement of
petitioners and others similarly situated.
4. Petitioners pray for the issuance of a writ of
mandamus directing respondent COMELEC to conduct
a special registration of new voters and to admit for
registration petitioners and other similarly situated
young Filipinos to qualify them to vote in the May 14,
2001 General Elections.
Issues:
1. Whether or not respondent COMELEC committed grave
abuse of discretion in issuing COMELEC Resolution
2. Whether or not the SC can compel respondent
COMELEC to conduct a special registration of new
voters during the period between the COMELECs
imposed December 27, 2000 deadline and the May 14,
2001 general elections.
Held:
"SEC. 35. Petition for Exclusion of Voters from the List - Any registered voter,
representative of a political party x x x may file x x x except one hundred (100) days
prior to a regular election xxx."
2 "SEC. 28. Designation of other Dates for Certain Pre-election Acts - If it should no
longer be possible to observe the periods and dates prescribed by law for certain
pre-election acts, the Commission 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."