AKBAYAN Youth vs COMELEC Digest

FACTS:

Petitioner Akbayan Youth seek to direct the Commission on Elections (COMELEC) to conduct a special registration before May 2001
General Elections for new voters ages 18 to 21. According to petitioners, around four million youth failed to register on or before the
December 27, 2000 deadline set by the respondent COMELEC under Republic Act No.  8189.

A request to conduct a two-day additional registration of new voters on February 17 and 18, 2001 was passed but it was denied by the
COMELEC. Section 8 of Republic Act No.  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.

ISSUE:

Whether or not the Court can compel respondent COMELEC, to conduct a special registration of new voters during the period between
the COMELEC’s imposed December 27, 2000 deadline and the May 14, 2001 general elections.

HELD:

The Supreme Court could not compel Comelec to conduct a special registration of new voters. The right to suffrage is not absolute and
must be exercised within the proper bounds and framework of the Constitution. Petitioners failed to register, thus missed their chance.
However, court took judicial notice of the fact that the President issued a proclamation calling Congress to a Special Session to allow the
conduct of special registration for new voters and that bills had been filed in Congress to amend Republic Act No.  8189.