Republic of the Philippines
COMMISSION ON ELECTIONS
Manila

RESOLUTION No. 6291

IN THE MATTER OF THE REQUESTS FOR REGISTRATION OF VOTERS ON SATURDAYS AND SUNDAYS

Promulgated: 12 August 2003

This pertains to the requests for registration of voters on Saturdays and Sundays of the months of August and September 2003.

Subsequently, on June 26, 2003, the Commission En Banc approved Minute Resolution No. 03-0131 entitled, "IN THE MATTER OF THE REQUESTS FOR REGISTRATION OF VOTERS ON SATURDAYS OF THE MONTHS OF AUGUST AND SEPTEMBER 2003" which resolved to refer the foregoing requests to Commissioners Resurreccion Z. Borra and Florentino A. Tuason, Jr. for appropriate study and recommendation.lªvvph¡1.ñét

On 01 July 2003, Commissioner Borra submitted a Memorandum for the Commission En Banc which reads:

"This pertains to the Special En Banc meeting of the Commission on Elections held on June 26, 2003 regarding the requests of the League of Barangay Captains of San Rafael, Bulacan and the Sangguniang Bayan of Tiaong, Quezon, that the registration of voters for the months of August and September 2003 be also held on Saturdays and Sundays, for the purpose of accommodating those persons who are either working or studying in Manila.

In the said meeting, the Commission resolved to refer such request to the undersigned and Commissioner Florentino A. Tuason, Jr. for appropriate study and action.

Upon a careful study of the request, the undersigned hereby recommends that such request be GRANTED, subject to the information to Congress, based on the following pertinent laws and jurisprudence:

Section 8 of R.A. No. 8189 otherwise known as The Voter's Registration Act of 1996 which expressly provides that:

'Sec. 8. System of Continuing Registration of Voters. - The personal filing of application of registration of voters shall be conducted during regular office hours. No registration shall, however, be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election.'

Although nothing in the above mentioned law states that a registration of voters shall be held during weekends, it is clear that such registration is to be conducted during the weekdays, from 8:00 A.M. to 5:00 P.M., being in consonance to the working hours commonly practiced.

Furthermore, in the case of Akbayan Youth vs. COMELEC (355 SCRA 318), it was held that 'in a representative democracy, the right of suffrage, although accorded a prime niche in the hierarchy of rights embodied in the fundamental law, ought to be exercised within the proper bounds and framework of the Constitution and must properly yield to pertinent laws skillfully enacted by the Legislature, which statutes for all intents and purposes, are crafted to effectively insulate such so cherished right from ravishment and preserve the democratic institutions our people have, for so long, guarded against the spoils of opportunism, debauchery and abuse. The act of registration is an indispensable precondition to the right of suffrage. The State undoubtedly, in the exercise of its inherent police power, may then enact laws to safeguard and regulate the act of voter's registration for the ultimate purpose of conducting honest, orderly and peaceful election, to the incidental yet generally important end, that even pre-election activities could be performed by the duly constituted authorities in a realistic and orderly manner, one of which is not indifferent and so far removed from the pressing order of the day and the prevalent circumstances of the times.'

However, in the said cases, the High Tribunal further stated that 'Section 8 of R.A. No. 8189, providing that no registration shall be conducted during the period starting one hundred twenty (120) days before a regular election, applies in the present case, while the provisions of Section 28 of R.A. No. 8436 (An Act Authorizing The COMELEC To Use An Automated Election System In The May 11, 1998 Elections And Subsequent Electoral Exercises) would come into play in cases where the pre-election acts are susceptible of performance within the available period prior to election day. The said section is anchored on the sound premise that such certain pre-election acts are still capable of being reasonably performed vis-à-vis the remaining period before the date of election and the conduct of other related pre-election activities required under the law.'

'It bears emphasis that the provisions of Section 28 of R.A. No. 8436 and Section 8 of R.A. 8189, far from contradicting each other, actually share some common ground. True enough, both provisions, although at first glance, may seem to be at war in relation to the other, are in a more circumspect perusal, necessarily capable of being harmonized and reconciled. Rudimentary is the principle in legal hermeneutics that changes made by the legislature in the form of amendments to a statute should be given effect, together with other parts of the amended act. It is not to be presumed that the legislature, in making such changes, was indulging in mere semantic exercise. There must be some purpose in making them, which should be ascertained and given effect.'

Other Related Provisions:

One vision of the COMELEC is to seek to systematize the present method of registration towards the creation of clean, complete and updated national list of voters.'

  • 1987 Constitution

    • Section 2(3), Article IX C

    Sec. 2. The Commission on Elections shall exercise the following powers and functions.

    (3) Decide, except those involving the right to vote, all questions affecting elections, including the determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters.
  • Omnibus Election Code

    • Sec. 52. Powers and functions of the Commission on Elections. - In addition to the powers and functions conferred upon it by the Constitution, the Commission shall have exclusive charge of the enforcement and administration of all laws relative to the conduct of elections for the purpose of ensuring free, orderly and honest elections, and shall:

    (k) Enlist non-partisan groups or organizations of citizens from the civic, youth, professional, educational, business or labor sectors known for their probity, impartiality and integrity with the membership and capability to assist it in the implementation of the provisions of this Code and the resolutions, orders and instructions of the Commission for the purpose of ensuring free, orderly and honest elections in any constituency. Such groups or organizations shall function under the direct and immediate control and supervision of the Commission and shall perform the specific functions and duties:

    A. Before Election Day

    2. Wage a registration drive in their respective areas so that all citizens of voting age, not otherwise disqualified by law may be registered.

    3. Help cleanse the list of voters of illegal registrants, conduct house to house canvass if necessary, and take the appropriate legal steps toward this end."

    Likewise, on 24 July 2003, Commissioner Florentino A, Tuason, Jr. submitted a memorandum to the Commission En Banc which reads:

    "This pertains to COMELEC Minute Resolution No. 03-0131 directing the Undersigned and Commissioner Resurreccion Z. Borra to conduct a study on the request of the League of Barangay Captains of San Rafael, Bulacan and the Sangguniang Bayan of Tiaong, Quezon to conduct registration of voters on Saturdays and Sundays during the months of August and September 2003 in order to accommodate voters studying and working outside of San Rafael, Bulacan and Tiaong, Quezon.

    Section 8 of Republic Act No. 8189, otherwise known as the Voters Registration Act of 1996, mandates that continuing registration of voters shall be conducted during regular working days, Mondays to Fridays. However, this provision is subject to Section 52 of the Omnibus Election Code (the 'OEC') and Section 29 of Republic Act No. 6646 which both provide that the Commission on Elections has the power to fix reasonable periods for pre-election acts, like registration of voters, in order to insure accomplishment of activities so voters shall not be deprived of their right of suffrage. This power presupposes the existence of an extraordinary event which prevented the COMELEC to perform its duties in a regular manner. Relative thereto, I submit that the suspension of the continuing registration of voters from January 2003 up to August 3, 2003 per COMELEC Resolution No. 5912 dated January 15, 2003 is an extraordinary event, resulting to the insufficiency of the period to register provided under the law, as contemplated by Section 52 of the OEC and Section 29 of RA 6646.

    I therefore recommend to grant the said request for the reason abovestated subject to availability of funds and COMELEC personnel in the field offices."

    Considering the foregoing, the Commission RESOLVED, as it hereby RESOLVES, to ADOPT the recommendations of Commissioners Resurreccion Z. Borra and Florentino A. Tuason, Jr. and GRANT the requests of the League of Barangay Captains of San Rafael, Bulacan and the Sangguniang Bayan of Tiaong, Quezon.

    Accordingly, having promulgated Resolution No. 6274 on 30 July 2003 which prescribes a revised schedule for the resumption of the system of continuing registration on all Saturdays and Sundays within the period prescribed therein.

    RESOLVED, moreover, to DIRECT the Executive Director to notify the Congress thereof.

    This resolution shall apply to all requests similarly situated.

    Let the Executive Director and the Election and Barangay Affairs Department implement this resolution.

    SO ORDERED.

    (Sgd.) BENJAMIN S. ABALOS, SR.
    Chairman
    (Sgd.) LUZVIMINDA G. TANCANGCO
    Commissioner    		(Sgd.) RUFINO S.B. JAVIER
    Commissioner
    (Sgd.) RALPH C. LANTION
    Commissioner    		(Sgd.) MEHOL K. SADAIN
    Commissioner
    (Sgd.) RESURRECCION Z. BORRA
    Commissioner    		(Sgd.) FLORENTINO A. TUASON, JR.
    Commissioner

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