Voter Registration and Validation to Start on May 3, 2011 instead of April 1

RESOLUTION NO. 9168

 IN THE MATTER OF THE RESETTING OF THE RESUMPTION OF THE SYSTEM OF CONTINUING REGISTRATION OF VOTERS IN THE NON-ARMM AREAS, FROM APRIL 1, 2011 TO MAY 3, 2011.

Promulgation: 22 March 2011

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WHEREAS, Resolution No. 9149, promulgated on February 22, 2011 entitled “Rules and Regulations For the Resumption of the System of Continuing Registration and Validation of Registration Records in the Non-ARMM Areas”, provides that the system of continuing of registration of voters for non-ARMM areas shall resume on April 1, 2011 and end on October 31, 2012;

WHEREAS, in order to expedite the distribution to the field offices of application forms to be used in connection with the resumption of the system of continuing registration of voters, the Commission promulgated on March 02, 2011, Minute Resolution No. 11-0268, delegating to the Regional Election Directors of the non-ARMM areas the authority to procure said application forms for use in their respective area of jurisdiction;

WHEREAS, to afford the Regional Election Directors with sufficient time to procure the application forms, and deliver the same to the offices of their respective Provincial Election Supervisors, there is a need to reset the commencement of the system of continuing the registration of voters in the non-ARMM areas;

NOW, THEREFORE, by virtue of the powers vested in it by the Constitution, Omnibus Election Code, Republic Act No. 8189 and other election laws, the Commission RESOLVED, as it hereby RESOLVES, to reset the resumption of the system of continuing registration of voters in the non-ARMM areas from April 1, 2011 to May 3, 2011.

Let the Education and Information Department cause the widest dissemination of this Resolution, and its publication in two (2) newspapers of general circulation of the Philippines.

SO ORDERED.

(Sgd.) SIXTO S. BRILLANTES, JR. Chairman
(Sgd.) RENE V. SARMIENTO Commissioner	(Sgd.) LUCENITO N. TAGLE Commissioner
(Sgd.) ARMANDO C. VELASCO Commissioner	(Sgd.) ELIAS R. YUSOPH  Commissioner

Can COMELEC Annul An Election?

The Commission on Elections (COMELEC) is vested with the power to enforce and administer all laws relative to the conduct of elections and to insure free, orderly, and honest elections.  Does its power include the authority to annul an election which may not have been free, orderly, and honest?

The Supreme Court, in holding that it does not include such authority, and that Article X, Section 2 of the 1935 Constitution [Guevara vs. Commission on Elections, 55 O.G. 1013] is merely preventive, said:

"It is intended to prevent any and all forms of election fraud or violation of the Election Law, but if it fails to accomplish that purpose, it is not the Commission on Elections that is charged with the duty to cure or remedy the resulting evil, but some other agencies of the Government.  The power to decide decisions involving the right to vote is expressly withheld from the Commission on Elections although, the right to vote is provided in the Election Law, the enforcement and administration of which is placed in the exclusive charge of the Commission.  Parallel to the withholding of such power from the Commission is the vesting in other agencies of the more inclusive power to decide all contests relating to the elections, returns and qualifications of the Members of Congress namely, the Electoral Tribunal of the Senate in the case of the senators, and the Electoral Tribunal of the House of Representatives in the case of the members of the latter.  Election contests involving provincial and municipal officials are entrusted to the courts."  [Nationalista Party vs. Commission on Elections, 85 Phil. 149]