Roque, Raymond R.06-78143Akbayan-Youth, et. al. vs. ComelecFacts:
Akbayan-Youth seek to direct the Commission on Elections (COMELEC)to conduct a special registration before the 14 May 2001 General Elections,of new voters ages 18 to 21. According to petitioners, around four millionyouth failed to register on or before the 27 December 2000 deadline set bythe COMELEC under RA 8189. Acting on the clamor of the students and civicleaders, Senator Raul Roco, Chairman of the Committee on ElectoralReforms, Suffrage, and People’s Participation, through a Letter dated 25 January 2001, invited the COMELEC to a public hearing for the purpose of discussing the extension of the registration of voters to accommodate thosewho were not able to register before the COMELEC deadline. Subsequent to apublic hearing and on 29 January 2001, Commissioners Tancangco andLantion submitted Memorandum 2001-027 on the Report on the Request fora Two-day Additional Registration of New Voters Only. On 8 February 2001,the COMELEC issued Resolution 3584, which denied the request to conduct atwo-day additional registration of new voters on February 17-18, 2001.Aggrieved by the denial, petitioners AKBAYAN-Youth, SCAP, UCSC, MASP,KOMPIL II (YOUTH) et al. filed before this Court the instant Petition forCertiorari and Mandamus, which seeks to set aside and nullify respondentCOMELEC’s Resolution and/or to declare Section 8 of RA 8189unconstitutional insofar as said provision effectively causes thedisenfranchisement of petitioners and others similarly situated. Likewise,petitioners pray for the issuance of a writ of mandamus directing COMELECto conduct a special registration of new voters and to admit for registrationpetitioners and other similarly situated young Filipinos to qualify them tovote in the 14 May 2001 General Elections.Issue:Whether the COMELEC may be directed, through mandamus, to hold aregistration of new voters for the 14 May 2001 General Elections on 17-18February 2001Held:No.
In a representative democracy, the right of suffrage, althoughaccorded a prime niche in the hierarchy of rights embodied in thefundamental law, ought to be exercised within the proper bounds andframework of the Constitution and must properly yield to pertinent lawsskillfully enacted by the Legislature, which statutes for all intents andpurposes, are crafted to effectively insulate such so cherished right fromravishment and preserve the democratic institutions our people have, for solong, guarded against the spoils of opportunism, debauchery and abuse. The
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