AKBAYAN-Youth, et. al. vs.

COMELEC
G.R. No. 147066, March 26, 2001

BUENA, J:

Facts:

Akbayan-Youth et. al. 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 million youth failed to register on or before the 27 December 2000 deadline set
by the COMELEC under RA 8189.

On January 25, 2021, Senator Raul Roco, Chairman of the Committee on Electoral Reforms,
Suffrage, and People’s Participation, invited the COMELEC to a public hearing for the purpose of
discussing the extension of the registration of voters. Subsequent to a public hearing and on 29 January
2001, Commissioners Tancangco and Lantion 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
a two-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 for Certiorari and Mandamus, which seeks to set aside and nullify respondent
COMELEC’s Resolution and/or to declare Section 8 of RA 8189 unconstitutional insofar as said provision
effectively causes the disenfranchisement of petitioners and others similarly situated. Likewise,
petitioners pray for the issuance of a writ of mandamus directing COMELEC to conduct a special
registration of new voters and to admit for registration petitioners and other similarly situated young
Filipinos to qualify them to vote in the 14 May 2001 General Elections.

Issue:

1. Whether the COMELEC may be directed, through mandamus, to hold a registration of new
voters for the 14 May 2001 General Elections on 17-18, February 2001.

Ruling:

NO. The right of suffrage invoked by petitioners, is not at all absolute. The exercise of the right
of suffrage, as in the enjoyment of all other rights, is subject to existing substantive and procedural
requirements embodied in our Constitution, statute books and other repositories of law.

As to the procedural limitation, the right of a citizen to vote is necessarily conditioned upon
certain procedural requirements he must undergo: among others, the process of registration.
Registration is part and parcel of the right to vote and an indispensable element in the election process.
Section 8 of RA 8189 explicitly provides that no registration shall be conducted during the period starting

by: ORBE, JEROME C.

CONSTITUTIONAL LAW 1
120 days before a regular election, hence, the assailed COMELEC Resolution should be upheld. Besides,
if the COMELEC allowed the extension of two-day registration of voters, the remaining time until May
14, 2001 General Elections is not enough to prepare the documentary requirements and other activities
of the COMELEC which roughly ends from May 15-June 10, 2021. Only they can say that they are ready
to hold the elections.

It is an accepted doctrine in administrative law that the determination of administrative agency

as to the operation, implementation and application of a law would be accorded great weight
considering that these specialized government bodies are, by their nature and functions, in the best
position to know what they can possibly door not do, under prevailing circumstances.

by: ORBE, JEROME C.

CONSTITUTIONAL LAW 1