Kabataan Party-List Representative Raymond Palatino vs Commission on Elections

G.R. No. 189868 – 623 Phil. 159 – Political Law – Constitutional Law – Suffrage – Period of Voter’s Registration Cannot be Shortened

The first automated elections was to be held on 10 May 2010. To prepare for the elections, the COMELEC fixed the last day of voter registration to be on 31 October 2009.

Kabataan Party-List filed a petition for mandamus with the Supreme Court to direct COMELEC to extend the voter registration until 9 January 2010 in accordance with RA 9189 or the Voter’s Registration Act which provided that voter’s registration may only stop within 120 days before the regular election; that 31 October 2009 is 192 days before the May 10 elections while 9 January 2010 is 121 days before the May 10 elections; and that shortening the deadline will affect about 12 million youth voters.

COMELEC argues that under RA 6646 (Electoral Reforms Law) and RA 8436 (Automated Elections Law), the COMELEC is empowered to fix the period of voter’s registration.

ISSUE: Whether or not the COMELEC is correct.

HELD: No. The COMELEC may fix the period of voter’s registration but it must be in accordance with RA 9189. Further, the intent of Congress in allowing COMELEC to fix the period of voter’s registration is for purposes of enabling voters to exercise their right of suffrage.

Congress has already determined that the 120 day period before the elections is sufficient for COMELEC to make all the necessary preparations with respect to the incoming elections.

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