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KABATAAN PARTY-LIST REPRESENTATIVE RAYMOND V. PALATINO v. COMELEC

FACTS:

On November 12, 2008, the respondent Commission on Elections (COMELEC) issued Resolution No. 8514, setting the period of continuing voter registration using the biometrics process from December 2, 2008 to December 15, 2009, except in the Autonomous Region of Muslim Mindanao. The deadline for voter registration for the May 10, 2010 elections was initially set on December 15, 2009.

However, the COMELEC later issued Resolution No. 8585 on February 12, 2009, adjusting the deadline for voter registration for the May 10, 2010 elections to October 31, 2009. Despite public clamor for an extension of the deadline, the COMELEC refused to extend it, citing the need to prepare for the automated elections.

Petitioner Raymond V. Palatino, a youth sectoral representative and member of the House of Representatives, along with other concerned citizens, filed a Petition for Certiorari and Mandamus on October 30, 2009 challenging the validity of COMELEC Resolution No. 8585 and seeking its nullification.

The petitioners argued that COMELEC Resolution No. 8585 encroached upon the legislative power of Congress as it amended the system of continuing voter registration established under Republic Act No. 8189 (The Voter's Registration Act of 1996). They also claimed that millions of Filipino voters would be potentially disenfranchised by the resolution.

The COMELEC argued that it had the power to promulgate rules and regulations to ensure free, orderly, and honest elections, as conferred by the Constitution and the Omnibus Election Code. It also cited previous rulings denying a similar prayer for an extension of the voter registration deadline.

The Court found merit in the petition, emphasizing the fundamental importance of the right of suffrage in Philippine democracy. It noted that the right to choose the country's leaders and participate in elections is zealously protected by the Constitution.

ISSUES:

  1. Whether COMELEC Resolution No. 8585 is an unconstitutional encroachment on the legislative power of Congress.

  2. Whether COMELEC should extend the deadline for voter registration.

RULING:

  1. Yes, COMELEC Resolution No. 8585 is unconstitutional. It amends the system of continuing voter registration under Section 8 of Republic Act No. 8189 (RA 8189), which is an encroachment on the legislative power of Congress.

  2. Yes, COMELEC should extend the deadline for voter registration. The right of suffrage is zealously guarded by the Constitution, and the State derives its power from the consent of the governed. Therefore, preserving the sanctity of the right of suffrage is of paramount importance.

PRINCIPLES:

  • The right of suffrage is at the heart of constitutional democracy.

  • The right to vote should be protected and ensured by the State.

  • The right of suffrage should not be unreasonably restricted or infringed upon.

  • The right of suffrage should be exercised by all citizens who are not otherwise disqualified by law.

  • The Congress has the power to provide a system for securing the secrecy and sanctity of the ballot.

  • The COMELEC has the power to promulgate rules and regulations to ensure free, orderly, and honest elections.

  • The COMELEC should consider the operational and pragmatic considerations in setting deadlines for voter registration, but should also take into account the importance of preserving the right of suffrage.