Romualdez vs RTC, 226 SCRA 408

Facts: Philip Romualdez, the petitioner, is a natural born citizen of the Philippines, the son of the former Governor of Leyte, Benjamin "Kokoy" Romualdez, and nephew of the then First Lady Imelda Marcos. Sometime in the early part of 1980, the petitioner, in consonance with his decision to establish his legal residence at Barangay Malbog, Tolosa, Leyte, caused the construction of his residential house therein. He soon thereafter also served as Barangay Captain of the place where he voted. After the people power, petitioner left the country and fled to America for asylum. When Romualdez arrived in the Philippines in December 1991, he did not delay his return to his residence at Malbog, Tolosa, Leyte. During the registration of voters conducted by the COMELEC on February 1, 1992 for the Synchronized National and Local Election scheduled for May 11, 1992, petitioner registered himself anew as a voter at Precinct No. 9 of Malbog, Tolosa, Leyte. On February 21, 1992, Donato Advincula, respondent, filed a petition with the MTC of Tolosa, Leyte, praying that Romualdez be excluded from the list of voters in Precinct No. 9 of Malbog, Tolosa, Leyte, under BP 881 and RA 7166 alleging that Romualdez was a resident of Massachusetts, U.S.A.; that his profession and occupation was in the U.S.A.; that he had just recently arrived in the Philippines; and that he did not have the required one-year residence in the Philippines and the six-month residence in Tolosa to qualify him to register as a voter in Barangay Malbog, Tolosa, Leyte. Romualdez contends that he has been a resident of Tolosa, Leyte, since the early 1980's, and that he has not abandoned his said residence by his physical absence therefrom during the period from 1986 up to the third week of December 1991. After due hearing, the Municipal Court of Tolosa, Leyte held in favor of the petitioner Advincula then appealed the case to the respondent court then it rendered the assailed decision that the petitioner is disqualified to register as a voter for the 1992 elections and hereby reverses the decision of the lower court in toto. Hence, this recourse.

Issue: Whether or not the respondent court erred in finding the petitioner to have voluntarily left the country and abandoned his residence in Malbog, Tolosa, Leyte.

Held: WHEREFORE PREMISES CONSIDERED, the court finds the respondent to be a resident of Brgy. Malbog, Tolosa, Leyte and qualified to register as a voter thereat. Hence, the instant petition for exclusion of Philip G. Romualdez from the list of voter of Precinct No. 9, Malbog, Tolosa, Leyte is hereby ordered DENIED and petition DISMISSED.

AKBAYAN-YOUTH vs COMELEC, 355 SCRA 318

Facts: The petitioners, as representatives the youth sector, seeks to direct the COMELEC to conduct a special registration before the May 14, 2001 General Elections, of new voters ages 18 to 21 because around four million youth failed to register on or before the December 27, 2000 deadline set by the respondent under Republic Act No. 8189 (Voter's Registration Act of 1996). Acting on the clamor of the students and civic leaders, Senator Raul Roco, Chairman if the Committee on Electoral Reforms, Suffrage, and People's Participation, conducted a hearing attended by Commissioner Luzviminda G. Tancangco and Ralph C. Lantion, together with Consultant Resurreccion Z. Borra (now Commissioner). On January 29, 2001, Commissioners Tancangco and Lantion submitted a Memorandum No. 2001-027 on the Report on the Request for a Two-day Additional Registration of New Voters Only. Immediately, Commissioner Borra called a consultation meeting among regional heads and representatives, and a number of senior staff headed by Executive Director Mamasapunod Aguam. It was the consensus of the group, with the exception of Director Jose Tolentino, Jr., of the ASD, to disapproved the request for additional registration of voters on the ground that Section 8 of R.A. 8189 explicitly provides that no registration shall be conducted during the period starting one hundred twenty (120) days before a regular election and that the Commission has no more time left to accomplish all pre-election activities. On February 8, 2001, the COMELEC issued Resolution N. 3584 denying the request to conduct a two-day additional registration of new voters. Aggrieved by the denial, petitioners AKBAYAN-Youth, SCAP, UCSC, MASP, KOMPIL II (YOUTH) et. al. filed before this Court the instant Petition for Certiorari and Mandamus which seeks to set aside and nullify respondent COMELEC's Resolution and/or to declare Section 8 of R.A. 8189 unconstitutional insofar as said provision effectively causes the disenfranchisement of petitioners and others similarly situated. Likewise, petitioners pray for the issuance of a writ of mandamus directing respondent COMELEC to conduct a special registration of new voters and to admit for registration petitioners and other similarly situated young Filipinos to qualify them to vote in the May 14, 2001 General Elections. On March 09, 2001, herein petitioner Michelle Betito, a student of the University of the Philippines, likewise filed a Petition for Mandamus, praying that this Court direct the COMELEC to provide for another special registration day under the continuing registration provision under the Election code. This court resolved to consolidate the two petitions.

Issue:

a. Whether or not respondent COMELEC committed grave abuse of discretion in issuing COMELEC Resolution dated February 8, 2001.

b. Whether or not this Court can compel respondent COMELEC, through the extraordinary writ of mandamus, to conduct a special registration of new voters during the period between the COMELEC's imposed December 27, 2000 deadline and the May 14, 2001 general elections.

Held: Applying the foregoing, this Court is of the firm view that respondent COMELEC did not commit an abuse of discretion, much less be adjudged to have committed the same in some patent, whimsical and arbitrary manner, in issuing Resolution No, 3584 which, in respondent's own terms, resolved "to deny the request to conduct a two-day additional registration of new voters on February 17 and 18, 2001."

Finally, the Court likewise takes judicial notice of the fact that the President has issued Proclamation No. 15 calling Congress to a Special Session on March 18, 2001, to allow the conduct of Special Registration of new voters. House Bill No., 12930 has been filed before the Lower House, which bills seeks to amend R.A. 8189 as to the 120-day prohibitive period provided for under said law. Similarly, Senate Bill No. 2276 was filed before the Senate, with the same intention to amend the aforesaid law and, in effect, allow the conduct of special registration before the May 14, 2001 General Elections.This Court views the foregoing factual circumstances as a clear intimation on the part of both the executive and legislative departments that a legal obstacle indeed stands in the way of the conduct by the Commission on Elections of a special registration before May 14, 2001 General Elections.