Case Digest: KABATAAN PARTY-LIST REPRESENTATIVE PALATINO, et al. v. COMMISSION ON ELECTIONS

KABATAAN PARTY-LIST REPRESENTATIVE  PALATINO, et al. v. COMMISSION ON ELECTIONS

On February 12, 2009 the COMELEC issued Resolution No. 8585 adjusting the deadline of voter registration for the May 10, 2010 National and Local Elections to October 31, 2009, instead of December 15, 2009 as fixed by their prior Resolution No. 8514 pursuant to R.A. 8189 or the Voter‘s Registration Act of 1996. The public clamored for an extension but the COMELEC argued that they need more time to prepare for the automated elections. It contends that the Omnibus Election Code confer upon it the power to promulgate rules ad regulations in order to ensure free, orderly and honest elections. It also cited the case of Akbayan-Youth v. Commission on Elections where the court denied a similar prayer for an extension of the deadline of voter registration for the May 14, 2001 elections. Raymond V. Palatino, representative of Kabataan Party-list assailed the validity of COMELEC Resolution No. 8585 and seeks declaration of its nullity. Palatino contends that this would be considered an encroachment of the legislative power of Congress as it amends the system of continuing voter registration under Section 8 of The Voter‘s Registration Act of 1996. It was prayed that Resolution No. 8585 be declared null and void and to extend the registration until January 9, 2010.

ISSUE:

Whether or not R.A. 8585, adjusting the deadline of voter registration to October 31, 2009 instead of December 15, 2009, is null and void.

HELD:

Preserving the sanctity of the right of suffrage ensures that the State derives its power from the consent of the governed. The paramount importance of this right is also a function of the State policy of people empowerment articulated in the constitutional declaration that sovereignty resides in the people and all government authority emanates from them, bolstered by the recognition of the vital role of the youth in nation-building and directive to the State to encourage their involvement in public and civic affairs. The clear text of t