CEBU, Philippines - The Kabataan party-list group has questioned before the Supreme Court (SC) yesterday’s deadline imposed by the Commission on Elections for registration of voters for next year’s midterm elections.
In a 19-page petition for certiorari and mandamus, members of Kabataan asked the SC to order the poll body to extend the period of registration up to Jan. 12 next year.
Petitioners said the Oct. 31, 2012 deadline set by Comelec violated Republic Act No. 8189 (Voters Registration Act), which allows voters to register daily during regular office hours before “the period starting 120 days before a regular election.”
They said this 120-day prohibitive period before the polls next year starts on Jan. 13, 2013 that means Comelec should still register voters before that date.
The last day of listing should thus be January 12 next year, instead of yesterday, the youth group, which has one representative in the House, they said.
Petitioners explained that this rule was upheld by the SC in its Dec. 15, 2009 ruling on earlier petition filed by Kabataan Rep. Raymond Palatino and other militant youth groups.
They warned the poll body that unless it extended the listing, it would commit “the same grievous unconstitutional and illegal error it had committed when it set the registration deadline on Oct. 31, 2009” for the May 2010 presidential-congressional-local elections.
The group said it is clear in the law and the Supreme Court ruling that voters should be given the widest opportunity to exercise their constitutional right of suffrage.
“It is thus our most sincere prayer that the honorable commission extend the deadline of the voter’s registration to the statutorily mandated deadline, which is 120 days prior to the regular election, which in the case of the May 13, 2013 elections would be January 12, 2013,” it said.
The deadline set by the poll body, therefore, is an “unconstitutional exercise of legislative power,” they argued.
“Thus, the said unconstitutional acts of respondent Comelec in issuing and implementing the assailed resolution smack of outright arbitrariness on the part of said respondents,” read the petition.
The SC, however, will not be able to tackle the petition until Nov. 13 when the justices resume full court session after a two-week holiday break.
Comelec Chairman Sixto Brillantes, said the voters were given ample time to sign up for the 2013 polls since the registration started in May 3, 2011 or one and a half years ago.
Brillantes added the Comelec must come up with the list of voters soon enough so as not to affect the other aspect of the preparations.
Comelec spokesman James Jimenez assured that the Comelec is prepared to answer if the poll body is ordered by the SC to explain its side.
He said the Election Registration Board (ERB) ERB is the one tasked to review and decide on petitions for exclusion filed against an applicant for registration and petition for inclusion lodged by disqualified voters.
Jimenez said the last day of the voters’ registration yesterday was generally peaceful.
“We have received no report of any untoward incident in connection with today’s last day of voters’ registration. The last few days of the voter registration process was generally peaceful, and we expect the same scenario when we close at 5pm yesterday,” noted Jimenez.
Disappointments
In Cebu City Comelec offices hundreds were turned down when the district office stopped giving application forms at around 3 p.m. pursuant to the guidelines released by the Comelec.
This resulted in disappointments of those who started lining up at the Comelec office early morning. Election officer Marchel Sarno said there were about 500 registrants.
Actor Richard Gutierrez and his girlfriend Sarah Lahbati were among the last minute registrants at the comelec office in the north district. They registered to support Gutierrez’s mother, Annabelle Rama, who is running for congress.
Actress Ruffa Gutierrez and her father Eddie Gutierrez registered ahead of Richard. Lahbati, 19, will be a first-time voter next year. She opted to register in Cebu City also in support of her boyfriend’s mother. They all registered using Barangay Kamputhaw as their residence.
The Comelec had started the voters’ registration on April 1, 2011, along with the applications for transfer of registration and validation of records from May 3, 2011 to October 31.
On complaints of some registrants regarding the long lines in Comelec offices on the last few days of registration, Jimenez maintained that they had 17 months to visit the Comelec offices.
Brillantes said the poll body is not keen on resuming the registration because they may be pressed for time in coming up with the Book of Voters.
As a policy, the applications for voter’s registration might still be contested by an interested party by filing a petition for exclusion.
— Philippine Star News Service with Liv G. Campo/FPL (FREEMAN)