Professional Documents
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COMELEC
WoN respondent committed grave abuse in issuing COMELEC resolution no. 3584
WoN the Supreme Court can compel COMELEC through the extraordinary writ of mandamus.
Held:
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First Issue: NO
o The best method of interpreting the law is to make it consistent with other laws; every
new statute should be construed in connection with those already existing statues, and
that the Court, in interpreting these laws, should aim to harmonize as much as humanly
possible. After all, they all came from the same source: the legislative body.
o In view of this, the SC adjudged that there are no contradictions between the two statutes.
Sec.8 of RA 8189 explicitly provides that no registration shall be conducted during the
120 day period, and that the provisions under RA 8189 would only be tenable in cases
where the pre-election acts can still be reasonably performed before the registration ban
held by RA 8189.
o Now COMELEC expressly stated that what the little shits are asking for is an
operational impossibility, considering the resources that would come with the said
special elections and the iota of time to actually do it, what with the May 14, 2001
elections drawing near.
o Allegation of COMELEC disenfranchising the young voters is also insufficient, and that
they were given enough time to register before the said deadline, but did not do so. In a
platitude, the Court ruled that the law aids the vigilant and not those who slumber on
their rights.
R.A. no. 6646 Sec. 29 should be construed as a Congressional intention to retain the residual
power of the COMELEC to fix periods of pre-election activities. This is also indicative of the
Congressional desire to grant the Commission adequate discretionary powers and operational
flexibility in extraordinary cases such as this.
The Constitution and the law granted COMELEC with broad authority to fix periods for preelection activities for the purpose of enabling the people the opportunity to exercise their right to
suffrage.
R.A. No. 8189 Sec. 8 is not an absolute prohibition; it is only directory, not mandatory, and
COMELEC is vested with residual powers to conduct pre-election activities beyond the deadline
prescribed.
COMELEC failed to disseminate information about the upcoming electionthe non-existent
public information campaign deprived millions of their right to vote.
In fact, COMELEC is wrong: counting 120 days before the May 14, 2001 elections, the deadline
should be January 14, 2001. This fact has indeed disenfranchised voters and deprived qualified
voters of their right to suffrage.
Legal operations and other logistical problems can be countered by proper planning.
COMELEC powers: Quasi-judicial (power to resolve controversies and to be the sole-judge of all
pre-proclamation controversies, etc.), Quasi-legislative (issues rules and regulations to implement
the election laws and to exercise legislative functions as may expressly be delegated to it by
congress), Administrative (enforcement and administration of election laws), and, in some cases,
Judiciary.
COMELEC should take appropriate action in order not to deprive those who are qualified to vote
by the neglect, inaction or delay in its preparation for the coming elections.
Notes:
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The ponente noted that at the time, the President has issued Proclamation No. 15, calling congress
to a Special Session on March 19, 2001, to allow the conduct of Special Registration of New
Voters. Movements in the Legislature aimed for the amendment of the pertinent laws regarding
the issue.