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SC asked to extend voter registration to January 2010


To avoid the possible disenfranchisement of millions of first-time voters, youth activists and a lawyer on Friday separately asked the Supreme Court to extend the deadline of voter registration until the first week of January 2010. In their urgent petition for certiorari and mandamus, youth leaders led by Kabataan party-list Rep. Raymond Palatino asked the high court to strike down a Commission on Elections (Comelec) resolution setting the deadline for the application for voter registration on Oct. 31, 2009, which they described as "unconstitutional." A petition for certiorari and mandamus asks a higher court, in this case the Supreme Court, to review and overturn or revise another agency’s decision. In a separate petition, lawyer Ernesto Francisco Jr. likewise asked the Comelec to extend the last day for voter registration, this time until November 20 – the first day of the filing of certificates of candidacy. Comelec has ‘no power to shorten period’ The youth leaders’ petition said the October 31 deadline set in Comelec Resolution No. 8585 violated Republic Act. No. 8189 or The Voters Registration Act of 1996. Section 8 of the law says "no registration shall...be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election."

Palatino, seen here filing the petition, says extending the voter registration deadline is "reasonable, practical and justifiable" in light of the recent cyclones that hit the country. Photo courtesy of Kabataan Party-list
The petition also said the Comelec resolution was "a manifest usurpation of the legislative power of Congress," and said the deadline should be reset to Jan. 9, 2010. “The Comelec, therefore, in its issuances and despite appeals by several sectors to extend voter registration has shortened the period contrary to what is mandated by law. Only Congress can amend the deadline of continuing registration, Comelec has no discretion nor power to do so," said Palatino. The lawmaker said roughly four million first-time voters would be disenfranchised if the registration period ends on October 31. [See: Voter registration woes] The petition was filed by leaders of Kabataan, the National Union of Students of the Philippines, the Student Christian Movement of the Philippines, the College Editors' Guild of the Philippines, the Kabataang Artista Para sa Tunay na Kalayaan, and a few other individuals. The Comelec was named as the sole respondent. Separate petition In a separate five-page petition, Francisco said that the commission should understand how Filipinos just recently underwent a “very harrowing" and “traumatic experience" as a result of destructive cyclones Ondoy and Pepeng. “(This) is more than a compelling reason for the Honorable Commission to extend the period of voter’s registration to accommodate those who have yet to register," he said in the petition. He went on to say that if such an extension were to affect its calendar of pre-election activities, then the poll body should just require all Comelec officials and employees to render overtime work beyond the regular office hours and during Saturdays and Sundays. If this is not feasible, the lawyer suggested the creation of a skeletal force in local election offices to attend to the extended registration. “The sacrifice that will be required of all Comelec officials and employees will surely be worth it if only for the fact that it will help prevent the certain disenfranchisement of many voters if the period of voter’s registration is not extended," said Francisco. Francisco is the legal counsel of Pampanga Governor Ed Panlilio, most notably in the case filed by former provincial member Lilia Pineda against the priest-turned-politician over the alleged anomalies in the 2007 gubernatorial race. He is also the lawyer of Senators Antonio Trillanes IV and Maria Ana Consuelo "Jamby" Madrigal. ‘Extension might pose problems’ The application for voter registration began as early as December 2008. In an interview with reporters earlier in the day, Comelec Commissioner Nicodemo Ferrer said "late voters should just accept their fate" as extending the registration period might pose problems. "If we have an extension, we cannot assure that we'll be able to come out with a book of voters which is needed in every precinct," he said. "Kahit i-accommodate yung late registrants, kung walang book of voters, wala rin (Even if we accommodate late registrants, if there is no book of voters, it's pointless)." Ferrer assured, however, that the poll body would try to accommodate everyone who lines up to register on the last day of registration. Comelec on overtime work Ferrer also said that their employees in Comelec field offices are “doing their best" and that the registrants are not being “appreciative" of their efforts. Earlier, poll body chief Jose Melo said that they cannot have their employees work overtime too much because of “budgetary constraints." Comelec employees have been rendering overtime work since October 22, after the poll body extended registration hours until 9 p.m. Registration on the last day, Saturday, will be conducted until 12 midnight. - Johanna Camille Sisante and Kimberly Jane Tan, GMANews.TV