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Akbayan Youth V Comelec
Akbayan Youth V Comelec
COMELEC FACTS Petitioners in this case represent the youth sector and they seek to direct COMELEC to conduct a special registration before the General Elections (May 14, 2001) of new voters ages 18-21. They alleged that around four million youth failed to register on or before the deadline set by the respondent (Dec 27, 2000). However the COMELEC issued Resolution No. 3584 disapproving the request for additional registration of voters on the ground that no registration shall be conducted during the period starting 120 days before regular election and that the Commission has no more time left to accomplish all preelection activities under RA 8189 Sec. 8. Petitioners filed before the SC the instant case which seeks to set aside and nullify the respondents resolution and to declare said resolution unconstitutional. They also pray for the issuance of mandamus directing respondent to conduct a special registration of new voters and to admit for registration of the petitioners and other young Filipinos (like them) to vote in the General Elections. ISSUE: Whether the respondent COMELEC committed grave abuse of discretion in issuing COMELEC Resolution? No. RATIO: 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. Specifically, a citizen in order to be qualified to exercise his right to vote, in addition to the minimum requirements set by the fundamental charter, is obliged by law to register, at present, under the provisions of Republic Act No. 8189, otherwise known as the Voters Registration Act of 1996. Section 8, of the R.A. 8189, explicitly provides that 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. The 100-day prohibitive period serves a vital role in protecting the integrity of the registration process. Without the prohibitive periods, the COMELEC would be deprived of any time to evaluate the evidence on the application. If we compromise on these safety nets, we may very well end up with a voters list full of flying voters, overflowing wit h unqualified registrants, populated with shadows and ghosts. Moreover, the petitioners in the instant case are not without fault or blame. They admit in their petition that they failed to register, for whatever reason, within the period of registration and came to this Court and invoked its protective mantle not realizing, so to speak, the speck in their eyes. Impuris minibus nemo accedat curiam. Let no one come to court with unclean hands. Well-entrenched is the rule in our jurisdiction that the law aids the vigilant and not those who slumber on their rights. Vigilantis sed non dormientibus jura in re subveniunt.