AKBAYAN VS COMELEC Facts: o Petitioners, representing the youth sector, seek to direct the COMELEC to conduct a special registration

before the may 14, 2001 General Elections, of new voters ages 18 to 21. o According to petitioners, around 4 million youth failed to register before or on Dec. 27, 2000 deadline set by the COMELEC under R.A. No. 8189. o Sen. Raul Roco, Chairman of the Committee on Electoral Reforms, Suffrage, and Electoral Participation, invited COMELEC to a public hearing for the purpose of holding additional 2 days of registration. o However, the COMELEC disapproved the request on ground that Sec. 8 of R.A. No. 8189 provides that no registration shall be conducted during the period starting 120 days before a regular election and 90 days before a special election, and that the COMELEC has no more time to accomplish all pre-election activities. o Petitioners, headed by AKBAYAN-Youth filed before this Court this petition, seeking to nullify Sec. 8 of Res. No. 8189 and declare it unconstitutional as said provision effectively causes the disenfranchisement of petitioners and other similarly situated. Held: o In a representative democracy, such as ours, the right of suffrage, though a fundamental right, ought to be exercised within the proper bounds and framework of the Constitution and must properly yield pertinent laws skillfully enacted by the Legislature, which statutes are crafted to effectively insulate so cherished right from ravishment and preserve the democratic institutions our people have guarded against spoils of opportunism, debauchery, and abuse. o However, the right of suffrage is not at all absolute. o Its exercise is subject to existing substantive and procedural requirements embodied in our Constitution, statute nooks and other repositories of law. o As to the procedural limitation, citizens right to vote is necessarily conditioned upon certain procedural requirements he must undergo: among others, the process of registration. o A citizen in order to be qualified, in addition to the minimum requirements, is obliged to register, at present, under the provisions of R.A. No. 8189. o The act of registration is an indispensable precondition to the right of suffrage. o For registration is part and parcel of the right to vote and an indispensable element in the election process. o The state, in the exercise of its inherent police power, may enact laws to safeguard and regulate the act of voters registration for the ultimate purpose of conducting honest, orderly and peaceful election, that even pre-election activities could be performed by the duly constituted authorities in an orderly manner. o Petition denied. PALATINO VS COMELEC Facts: On 11/12/2008, COMELEC issued Res. No. 8514 setting Dec 2, 2008 to Dec. 15, 2009 as the period of continuing voter registration using biometric process in all areas nationwide, except ARMM. Subsequently, COMELEC issued Res. No. 8585 on Feb. 12, 2009 adjusting the deadline of voter registration for the 2010 Elections to October 31, 2009 instead of Dec. 15, 2009 as fixed by Res. No. 8514. The intense public clamor for an extension of the registration notwithstanding, the COMELEC stood firm in it decision not to extend, because it needs ample time to prepare for the automated elections. Via this certiorari case, petitioners challenge the validity of COMELEC Res. No. 8585 and seek a declaration of its nullity. Petitioners contend the serious potential disenfranchisement of millions of Filipino votersbased on NSO, a total of 12.5million voters.

Petitioner further contend that Res. No. 8585 is an unconstitutional encroachment on the

legislative power of Congress as it amends the system of continuing voter registration under Sec. 8 of R.A. 8189 (The Voters registration Act of 1996): Section 8. System of Continuing Registration of Voters. - The personal filing of application of registration of voters shall be conducted daily in the office of Election Officer during regular office hours. No registration shall, however, be conducted during the period starting 120 days before a regular election and 90 days before a special election Thus, petitioners pray that Res. No. 8585 be declared null and void, and that COMELEC be required to extend the registration until Jan. 9, 2010 which is the day before the 120-day prohibitive period. Held: The petition is impressed with merit. The right of suffrage lies at the heart of our constitutional democracy. The right of Filipinos to choose the leaders who will lead the country and participate in every national and local election is so zealously guarded by the fundamental law that it devoted an entire article solely therefore: Article V- SUFFRAGE (1987 Constitution) The paramount importance of this right is also the function of the State policy of people empowerment articulated in the constitutional declaration that sovereignty resides in the people and all govt authority emanates from them, bolstered by the recognition of the vital role of the youth in nation-building and directive to State to encourage their involvement in public and civic affairs. By Sec. 8 of R.A. 8189, Congress has determined that the 120-day period before the day of election is enough time for COMELEC to prepare. The COMELECs rule-making power should be exercised in accordance with the prevailing law. In this case, the court finds no ground to hold that the mandate of continuing voter registration cannot be reasonably held within the period provided by R.A. 8189. There is thus no occasion for the COMELEC to exercise its power to fix other dates or deadlines therefore.

Both the dates of filing of the petition and the extension sought are prior to the 120
prohibitive period. The court, therefore, finds no legal impediment to the extension prayed for. Petition granted. ROMUALDEZ VS RTC Facts: o

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