Kabataan Party-list vs.

COMELEC Case
DIgest (G.R. No. 189868, December 15,
2009)
FACTS:
In the instant case, the petitioners, Kabataan Party-List, seeks to extend
the voters registration for the May 10, 2010 national and local elections
from October 31, 2009, as fixed by COMELEC Resolution No. 8514, to
January 9, 2010 which is the day before the 120-day prohibitive period
starting on January 10, 2010.
The petitioners anchor its ground on the provision of Section 8 of R.A.
8189 which reads: "The personal filing of application of registration of
voters shall be conducted daily in the office of the Election Officer during
regular office hours. No registration shall, however, be conducted during
the period starting one hundred twenty (120) days before a regular election
and ninety (90) days before a special election."
On the other hand, COMELEC maintains that the Constitution and the
Omnibus Election Code confer upon it the power to promulgate rules and
regulations in order to ensure free, orderly and honest elections; that
Section 29 of R.A. 6646 and Section 28 of R.A. 8436 authorize it to fix
other dates for pre-election acts which include voters registration; and that
the October 31, 2009 deadline was impelled by operational and pragmatic
considerations, citing Akbayan-Youth v. COMELEC.
ISSUE:
Whether or not the COMELEC has the authority to fix the voter's
registration beyond the prohibitive period set forth by R.A. 8189.
RULING:

The Court ruled in favor of the petitioners.

It held that the right of every Filipino to choose its leaders and participate
to the fullest extent in every national or local election is so zealously
guarded by Article V of the 1987 Constitution.
The Court explained that Section 8 of R.A. 8189 decrees that voters be
allowed to register daily during office hours, except during the
period starting 120 days before a regular election and 90 days before a
special election. The Court is bound to respect the determination of
Congress that the 120 day or 90 day period, as the case may be, was
enough to make the necessary preparations with respect to the coming
elections and COMELEC's rule making power should be exercised in
accordance with the prevailing law.
R.A. 6646 and R.A. 8436 is not in conflict with the mandate of continuing
voter's registration under R.A. 8189. R.A. 6646 and R.A. 8436 both grant
COMELEC the power to fix other period for pre-election activities only if
the same cannot be reasonable held within the period provided by law.
However, this grant of power, is for the purpose of enabling the people to
exercise the right of suffrage -- the common underlying policy under R.A.
8189, R.A. 6646 and R.A. 8436.
In the case at bar, the Court did not find any ground to hold that continuing
voter's registration cannot be reasonably held within the period provided by
R.A. 8189.
With regard to the Court's ruling in Akbayan-Youth v. COMELEC, The court
explained that if the petitioners had only filed their petition, and sought
extension, before the 120 day prohibitive period, the prayer would have
been granted pursuant to the mandate of R.A. 8189.
As a result, the petition was granted and the COMELEC resolution fixing
voters registration for the May 10, 2010 national and local elections on
October 31, 2009 was declared null and void.