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SC Petition For Voter Registration Extension PDF
SC Petition For Voter Registration Extension PDF
PREFATORY STATEMENT
The right of suffrage lies at the heart of our constitutional democracy. The
right of every Filipino to choose the leaders who will lead the country and
participate, to the fullest extent possible, in every national and local election is so
zealously guarded by the fundamental law that it devoted an entire article solely
therefor:
ARTICLE V
SUFFRAGE
SECTION 1.
1.
This Petition is about the exercise of a basic right upon which the
fabric of any democracy is founded the right of suffrage. Petitioners seek the
2.
This deadline is more than two (2) months earlier than is prescribed
3.
9149 and 9542 as null and void is anchored on two (2) crucial grounds, first, it is
unconstitutional as it is a manifest usurpation of the legislative power of
Congress, and second, it is an indubitable violation of the system of continuing
registration of voters under The Voters Registration Act of 1996 stating in clear
and categorical terms that the personal filing of application of registration of
voters shall be conducted daily but prohibited only during one hundred twenty
(120) days before a regular election and ninety (90) days before a special
election, and the assailed Resolution causes the disenfranchisement of millions
of first-time youth registrants and voters who cannot be accommodated by
respondent as of the October 31, 2102 deadline for purposes of the May 13,
2013 elections.
4.
The start of the 120-day prohibitive period before the May 13, 2013
7.
Second, the assailed Resolution Nos. 9149 and 9542 are patent
brought under Rule 65 of the Rules of Court. Under the circumstances obtaining
in this case, herein Petitioners have no plain, speedy, and adequate remedy in
the ordinary course of law which will promptly and immediately relieve herein
Petitioners from the injurious effects of the unconstitutional acts of the
respondent in the issuance and implementation of the assailed Resolution.
9.
warranto,
habeas
corpus
and
injunction,
such
appropriate
courts
or
where
exceptional
and
10.
questions involved in this case and the repercussions of the unconstitutional acts
of the respondent on the separation of powers between the executive and
legislative branches of government and on the statute which provides for a
system of continuing registration of voters to prevent the disenfranchisement of
millions of voters constitute exceptional and compelling circumstances to justify
resort to this Honorable Courts jurisdiction in the first instance.
11.
and cherished right imbued with public interest the right of suffrage.
12.
premature setting of the election registration deadline has already been resolved
by the Court in the Palatino v. COMELEC, with regard the 2010 national
elections.
13.
14.
Vanessa Faye Bolibol, Isabelle Therese Baguisi, Cleve Kevin Robert Arguelles,
Marjohara Tucay are suing in their capacities as concerned citizens, as the
issues raised hereunder are of transcendental importance which must be settled
early given the far-reaching implications of the unconstitutional acts of
respondent on the separation of powers between the executive and legislative
branches of government and on the citizens fundamental right of suffrage.
15.
16.
judgment:
the
respondent,
as
continuing
17.
Mandatory Injunction due to the seriousness and extreme urgency of the matters
involved, as well as the grave and irreparable injuries that are sustained and will
continue to be sustained by Petitioners due to the unconstitutionality of
Resolution Nos. 9149 and 9542, its patent violation of Section 8 of The Voters
Registration Act of 1996, and the imminent lapse of the October 31, 2012
deadline in a few days, thus:
a. The Petitioners hereby replead by reference the
foregoing allegations as well as the allegations hereunder,
as part of this application;
b. Grave and irreparable injury shall result to Petitioners as
concerned citizens, and to millions of first-time youth
registrants and voters who cannot be accommodated by
respondent as of October 31, 2012 for purposes of the May
13, 2012 elections thereby causing the disenfranchisement
of millions of new registrants and voters;
c. Grave and irreparable injury shall result to Petitioners
and millions of first-time youth registrants and voters who
will sustain direct injury as they cannot be accommodated
by respondent as of October 31, 2012 for purposes of the
May 13, 2012 elections;
d. Petitioners and millions of first-time youth registrants and
voters are entitled to the relief demanded in the instant
Petition, and part of such relief consists in requiring from
respondent the extension of the deadline of application of
registration of voters during the pendency of the present
6
non-extension
of
deadline
of
application
of
THE PARTIES
19.
Vanessa Faye Bolibol, Isabelle Therese Baguisi, Cleve Kevin Robert Arguelles,
Marjohara Tucay are leaders and members of Kabataan Partylist, and the
various national and prestigious youth and student organizations: ANAKBAYAN,
7
the National Union of Students of the Philippines, the College Editors Guild of the
Philippines, the Office of the UP Student Regent, and the Philippine Collegian.
Their office address is at 89 K-7 St., Kamias, Quezon City.
20.
processes through their counsel of record, Atty. James Mark Terry L. Ridon, at
89 K-7 St. Kamias, Quezon City.
21.
body, which has issued and implemented Resolution Nos. 9149 and 9542.
Respondents office address is Palacio Del Gobernador Building, Intramuros,
Manila where it may be served notices, orders, resolutions, judgment and other
court processes.
STATEMENT OF FACTS
22.
23.
24.
The Voters Registration Act of 1996 which provided for a system of continuing
registration of voters that shall be conducted daily but no registration shall be
conducted during the period starting one hundred twenty (120) days before a
regular election.
25.
The start of the 120-day prohibitive period for the 2013 national
elections is on January 13, 2013 and until May 12, 2013. Thus, the deadline for
the filing of application of registration of voters should be on January 12, 2013,
not October 31, 2012.
26.
For purposes of the May 13, 2013 elections, the projected voting
population for the age group 18-22, those who are 18-22 years of age on May 13,
2013, is no more than 9,694,781, if the National Statistics Office (NSO) data on
the 2000 Census of Population is used as the baseline data.
27.
Those who are 18 or 19 years of age at the time of the May 13, 2013
elections are necessarily first time registrants and voters in the May 13, 2013
elections.
28.
Those who are only 17 years of age in 2010, and thereby ineligible to
register and vote for the May 2010 elections, shall turn 20 years of age in 2013
and are therefore first-time registrants and voters in the May 13, 2013 elections.
Those who are only 17 years of age at the time of the May 2010 elections, and
thereby ineligible to register and vote for the May 2010 elections, but shall turn 18
in 2010 but after the May 2010 elections shall turn 21 years of age in 2013, and
are therefore first-time registrants and voters in the May 13, 2013 elections.
29.
for the 2010 elections is telling as to the transcendental need to command the
COMELEC to comply with the statutory period for continuing registration, as
previously raised by the petitioners in Palatino v. Comelec.
31.
With the high volume of first-time registrants and voters expected for
the May 13, 2013 elections, the October 31, 2013 deadline set by respondent for
the filing of application of registration of voters provides is utterly insufficient to
accommodate first-time youth registrants and voters highly eager to participate in
the May 13, 2013 elections.
32.
Palatino v. COMELEC, the assailed Resolution Nos. 9194 and 9542 have
provided a deadline of the filing of application of registration of voters way earlier
and different than is prescribed under The Voters Registration Act of 1996,
thereby actually amending the statutes provision on the system of continuing
registration of voters. Thus, respondent has usurped the legislative power of
Congress by amending The Voters Registration Act of 1996.
33.
34.
10
35.
I.
COMELEC
RESOLUTION
NOS.
9194
AND
9542
ARE
OF
THE
LEGISLATIVE
POWER
OF
CONGRESS.
II.
FOR
THE
FILING
OF
APPLICATION
OF
OF
1996
PRESCRIBING
THAT
THE
FILING
OF
DAILY
BUT
PROHIBITED
DURING
ONE
DISCUSSION
I.
COMELEC
RESOLUTION
NOS.
9194
AND
9542
ARE
OF
THE
LEGISLATIVE
POWER
OF
CONGRESS.
36.
The Resolution Nos. 9194 and 9542 are unconstitutional as the same
37.
38.
39.
The start of the 120-day prohibitive period is on January 13, 2013 and
40.
Thus, the last day for the filing of application of registration should
have been January 12, 2013 instead of October 31, 2013 laid down in the
assailed Resolutions, which is at least seventy (70) days less than that
prescribed by the statute.
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41.
to the respondent. The clear text of the law thus decrees that voters be allowed
to register daily during regular offices hours, except during the period starting 120
days before a regular election and 90 days before a special election.5
42.
By the above provision, Congress itself has determined that the period
of 120 days before a regular election and 90 days before a special election is
enough time for the COMELEC to make ALL the necessary preparations with
respect to the coming elections including: (1) completion of project precincts,
which is necessary for the proper allocation of official ballots, election returns and
other election forms and paraphernalia; (2) constitution of the Board of Election
Inspectors, including the determination of the precincts to which they shall be
assigned; (3) finalizing the Computerized Voters List; (4) supervision of the
campaign period; and (5) preparation, bidding, printing and distribution of Voters
Information Sheet. Such determination of Congress is well within the ambit of its
legislative power, which this Court is bound to respect. And the COMELECs
rule-making power should be exercised in accordance with the prevailing law.6
43.
44.
5
6
45.
enactment.
The
implementing
rules
and
14
45.2.The
47.
48.
49.
limiting the deadline for the filing of the application of registration of voters on
October 31, 2012 instead of conducting the same daily, or until January 12, 2013,
but not during the prohibitive period starting one hundred twenty (120) days
before the May 10, 2013 elections, the issuance and implementation of the
assailed Resolution are ultra vires and beyond the authority vested by The
Voters Registration Act of 1996 to respondent Comelec.
15
50.
51.
FOR
THE
FILING
OF
APPLICATION
OF
OF
1996
PRESCRIBING
THAT
THE
FILING
OF
DAILY
BUT
PROHIBITED
DURING
ONE
10
Ibid.
16
53.
The Resolution Nos. 9194 and 9542 fixing the deadline for the filing
positive about its phraseology that the filing of application of registration of voters
shall be conducted daily only that it is prohibited to do so within one hundred
twenty (120) days before a regular election.
55.
twenty (120) days starts from January 13, 2013 and ends on May 12, 2013, as
the regular election is on May 13, 2013.
56.
should have been January 12, 2013, not the October 31, 2012 fixed in the
assailed Resolution.
57.
number of days between October 31, 2013 and January 12, 2013 is at least
seventy (70) days taken away by respondent Comelec from several millions of
first-time youth registrants and voters that cannot be accommodated by
respondent Comelec as of October 31, 2013 for purposes of the May 13, 2013
elections.
58.
indubitably
does
not
provide
for
the
proper
and
correct
17
59.
PRAYER
2.
3.
18
RESPECTFULLY SUBMITTED.
Quezon City for Manila, 31 October 2012.
19