Villamor election law 3 4 5 similar assemblies for

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Unformatted text preview: and functions, in the best position to know what they can possibly do or not do under prevailing circumstances (Akbayan Youth v. COMELEC, G.R. No. 147066, Mar. 26, 2001) Q: On Nov. 12, 2008 respondent COMELEC issued Resolution 8514 set Dec. 2, 2008 to Dec.15, 2009 as the period of continuing voter registration using the biometrics process in all areas except ARMM. Subsequently COMELEC issued Resolution 8585 on Feb. 12, 2009 adjusting the deadline of voter registration for the May 10, 2010 national and local elections to Oct. 31, 2009 instead of Dec. 15, 2009 as previously fixed by Resolution 8514. Petitioners challenge the validity of COMELEC Resolution POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. ELECTION LAW 8585 and seek the declaration of its nullity. Petitioners further contend that the COMELEC Resolution 8585 is an unconstitutional encroachment on the legislative power of Congress as it amends the system of continuing voter registration under Section 8 of RA 8189. Is COMELEC Resolution 8585 valid? Differentiate from the case of Akbayan‐Youth v. COMELEC? A: In the present case, the Court finds no ground to hold that the mandate of continuing voter registration cannot be reasonably held within the period provided by RA 8189 (Absentee Voting), Sec.8 – daily during the office hours, except during the period starting 120 days before the May 10,2010 regular elections. There is thus no occasion for the COMELEC to exercise its power to fix other dates or deadlines thereof. The present case differs significantly from the Akbayan‐Youth vs. COMELEC. In the said case, the Court held that the COMELEC did not abuse its discretion in denying the request of the therein petitioners for an extension of the Dec. 27, 2000 de...
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This document was uploaded on 03/12/2014.

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