The Supreme Court, in a unanimous decision, extended the voters registration until 9 January 2010 and declared as null and void the Commission on Election resolution setting the 31 October 2009 deadline.
In a 9-page decision, Justice Conchita Carpio Morales directed the COMELEC to reopen the registration of new voters until 9 January 2010. According to the Court, Republic Act No. 8189 or the Voters Registration Act of 1996, provided that the period of 120 days before a regular election and 90 days before a special election is enough time for the COMELEC to make all the necessary preparations with respect to the coming elections. The preparations include (1) completion of project precincts, (2) constitution of the Board of Election Inspectors, (3) finalizing the Computerized Voters List, (4) supervision of the campaign period, and (5) preparation, bidding, printing, and distribution of Voter’s Information Sheet. The Court said that such determination of Congress is well within the ambit of its legislative power, which the High Court is bound to respect, and that the COMELEC’s rule-making power should be exercised in accordance with the prevailing law.
The Court further stressed that the Republic Act No. 6646 or The Electoral Reforms Law of 1987 and Republic Act No. 8436 or The Automated Election System Act grants the poll body the power to fix other periods and dates for pre-election activities “only if the same cannot be reasonably held within the period provided by law.” There is thus no occasion for the COMELEC to exercise its power to fix other dates or deadlines therefor.
Full text of decision:
Kabataan Party List v. COMELEC, G.R. No. 189868, 15 December 2009.
In a 9-page decision, Justice Conchita Carpio Morales directed the COMELEC to reopen the registration of new voters until 9 January 2010. According to the Court, Republic Act No. 8189 or the Voters Registration Act of 1996, provided that the period of 120 days before a regular election and 90 days before a special election is enough time for the COMELEC to make all the necessary preparations with respect to the coming elections. The preparations include (1) completion of project precincts, (2) constitution of the Board of Election Inspectors, (3) finalizing the Computerized Voters List, (4) supervision of the campaign period, and (5) preparation, bidding, printing, and distribution of Voter’s Information Sheet. The Court said that such determination of Congress is well within the ambit of its legislative power, which the High Court is bound to respect, and that the COMELEC’s rule-making power should be exercised in accordance with the prevailing law.
The Court further stressed that the Republic Act No. 6646 or The Electoral Reforms Law of 1987 and Republic Act No. 8436 or The Automated Election System Act grants the poll body the power to fix other periods and dates for pre-election activities “only if the same cannot be reasonably held within the period provided by law.” There is thus no occasion for the COMELEC to exercise its power to fix other dates or deadlines therefor.
Full text of decision:
Kabataan Party List v. COMELEC, G.R. No. 189868, 15 December 2009.
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