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COMELEC (2001)
Complainants: Akbayan-Youth
Respondents: Commission on Elections (COMELEC)
Topic: Suffrage
Justice: Buena. J.
NOTE: Also Legal Method Construction in Relation to Other Statutes
SUMMARY: Petitioners sought to compel respondent COMELEC to hold a two-day special
voters registration. By harmonizing two provisions from different laws, the Court ruled that
COMELEC did not act with grave abuse of discretion in denying petitioners request.
FACTS:
ISSUE/S:
WON Court can compel respondent COMELEC via mandamus to conduct a special
registration period
o NO. Petitioners failed to establish, to the satisfaction of this Court, that they are
entitled to the issuance of this extraordinary writ to effectively compel respondent
COMELEC to conduct a special registration of voters. For the determination of
whether or not the conduct of a special registration of voters is feasible, possible
or practical within the remaining period before the actual date of election,
involves the exercise of discretion and thus, cannot be controlled by mandamus.
NOTES:
Pardo, dissenting:
o Using the same legal principle of harmonizing seemingly conflicting statutes, the
designation of additional registration dates is still reasonable. The legislative
history of RA 8436 going all the way back to the Commonwealth era show that
the COMELEC was vested with power to fix other periods for certain preelectoral requirements in order that voters shall not be deprived of their right of
suffrage. In other words, the RA 8436 and RA 8189 should be construed
harmoniously such that the right of suffrage will not be hampered.
o The prescribed period of 120 days in RA 8189 is directory, not mandatory, and
COMELEC is vested with the standby power to conduct pre-election activities
including registration beyond the deadline prescribed by law, in order not to
impair the right of suffrage of the people as guaranteed in the Constitution.
Millions of qualified voters were not able to register before the 120 day period
due to failure on the part of COMELEC to conduct an nationwide public
information campaign. Moreover, if 120 days were counted from May 14, 2001,
the date of election, the deadline would have to be January 14, 2001, not
December 27, 2000, which is the deadline set by COMELEC.