Kabataan Party-list vs. COMELEC Case DIgest (G.R. No. 189868, December 15, 2009)

FACTS:

In the instant case, the petitioners, Kabataan Party-List, seeks to extend the voters registration for the May 10, 2010 national and local elections from October 31, 2009, as fixed by COMELEC Resolution No. 8514, to January 9, 2010 which is the day before the 120-day prohibitive period starting on January 10, 2010.

The petitioners anchor its ground on the provision of Section 8 of R.A. 8189 which reads: "The personal filing of application of registration of voters shall be conducted daily in the office of the Election Officer during regular office hours. No registration shall, however, be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election."

On the other hand, COMELEC maintains that the Constitution and the Omnibus Election Code confer upon it the power to promulgate rules and regulations in order to ensure free, orderly and honest elections; that Section 29 of R.A. 6646 and Section 28 of R.A. 8436 authorize it to fix other dates for pre-election acts which include voters registration; and that the October 31, 2009 deadline was impelled by operational and pragmatic considerations, citing Akbayan-Youth v. COMELEC.

ISSUE:

Whether or not the COMELEC has the authority to fix the voter's registration beyond the prohibitive period set forth by R.A. 8189.

RULING:

The Court ruled in favor of the petitioners. 

It held that the right of every Filipino to choose its leaders and participate to the fullest extent in every national or local election is so zealously guarded by Article V of the 1987 Constitution.

The Court explained that Section 8 of R.A. 8189 decrees that voters be allowed to register daily during office hours, except during the period starting 120 days before a regular election and 90 days before a special election. The Court is bound to respect the determination of Congress that the 120 day or 90 day period, as the case may be, was enough to make the necessary preparations with respect to the coming elections and COMELEC's rule making power should be exercised in accordance with the prevailing law.

R.A. 6646 and R.A. 8436 is not in conflict with the mandate of continuing voter's registration under R.A. 8189. R.A. 6646 and R.A. 8436 both grant COMELEC the power to fix other period for pre-election activities only if the same cannot be reasonable held within the period provided by law. However, this grant of power, is for the purpose of enabling the people to exercise the right of suffrage -- the common underlying policy under R.A. 8189, R.A. 6646 and R.A. 8436.

In the case at bar, the Court did not find any ground to hold that continuing voter's registration cannot be reasonably held within the period provided by R.A. 8189.

With regard to the Court's ruling in Akbayan-Youth v. COMELEC, The court explained that if the petitioners had only filed their petition, and sought extension, before the 120 day prohibitive period, the prayer would have been granted pursuant to the mandate of R.A. 8189.

As a result, the petition was granted and the COMELEC resolution fixing voters registration for the May 10, 2010 national and local elections on October 31, 2009 was declared null and void.