Professional Documents
Culture Documents
Marcos
Yra
vs
Maximo
Abano
|
GR
No.
L-30187
none
of
the
disqualifications
prescribed
in
section
432.
The
fact
November
15,
1928
|
Malcolm,
J.:
that
a
candidate
failed
to
register
as
an
elector
in
the
municipality
does
not
deprive
him
of
the
right
to
become
a
candidate
to
be
FACTS:
voted
for.
What
is
needed
is
to
be
a
qualified
elector
and
a
Maximo
Abano
is
a
native
of
the
municipality
of
Meycauayan,
qualified
voter,
which
Abano
complied
with.
Registration
only
Bulacan.
At
the
proper
age,
he
transferred
to
Manila
to
complete
regulates
the
exercise
to
vote.
his
education.
While
temporarily
residing
in
Manila,
Abano
registered
as
a
voter
there.
Shortly
after
qualifying
as
a
member
of
the
bar
and
after
the
death
of
his
father,
Abano
returned
to
Meycauayan
to
live.
From
May
10,
1927,
until
the
present,
Abano
2.
AKBAYAN-Youth
vs
COMELEC
|
GR
No.
147066
has
considered
himself
a
resident
of
Meycauayan.
When
the
1928
March
26,
2011
|
Buena,
J.:
elections
were
approaching,
he
made
an
application
for
cancellation
of
registration
in
Manila
which
was
dated
April
3,
FACTS:
On
January
25,
2001,
AKBAYAN-Youth,
together
with
1928,
but
this
application
was
rejected
by
the
city
officials
for
the
other
youth
movements
sought
the
extension
of
the
registration
of
reason
that
it
was
not
deposited
in
the
mails
on
or
before
April
4,
voters
for
the
May
2001
elections.
The
voters
registration
has
1928.
Nevertheless
Abano
presented
himself
as
a
candidate
for
already
ended
on
December
27,
2000.
AKBAYAN-Youth
asks
that
municipal
president
of
Meycauayan
in
the
1928
elections
and
was
persons
aged
18-21
be
allowed
a
special
2-day
registration.
The
elected
by
popular
vote
to
that
office.
A
proceeding
in
the
nature
of
Commission
on
Elections
(COMELEC)
denied
the
petition.
quo
warranto
instituted
by
virtue
of
the
provisions
of
section
408
AKBAYAN-Youth
the
sued
COMELEC
for
alleged
grave
abuse
of
of
the
Election
Law,
as
amended,
in
the
Court
of
First
Instance
of
discretion
for
denying
the
petition.
AKBAYAN-Youth
alleged
that
Bulacan
by
the
petitioner,
Marcos
Yra,
the
vice-president
elect
of
there
are
about
4M
youth
who
were
not
able
to
register
and
are
Meycauayan,
Bulacan,
who
challenges
the
right
of
the
respondent,
now
disenfranchised.
COMELEC
invoked
Section
8
of
Republic
Act
Maximo
Abano,
the
municipal
president
elect
of
Meycauayan,
to
8189,
which
provides
that
no
registration
shall
be
conducted
120
the
position
to
which
elected
on
the
ground
that
the
respondent
is
days
before
the
regular
election.
AKBAYAN-Youth
however
ineligible.
counters
that
under
Section
28
of
Republic
Act
8436,
the
COMELEC
in
the
exercise
of
its
residual
and
stand-by
powers
can
ISSUE:
reset
the
periods
of
pre-election
acts
including
voters
registration
Whether
or
not
registration
is
a
qualification
to
run
for
a
public
if
the
original
period
is
not
observed.
office
ISSUE:
Whether
or
not
the
COMELEC
exercised
grave
abuse
of
HELD:
discretion
when
it
denied
the
extension
of
the
voters
registration.
NO,
One
of
the
qualifications
required
by
law
of
a
person
who
announces
his
candidacy
is
that
he
must
be
a
duly
qualified
HELD:
No.
The
COMELEC
was
well
within
its
right
to
do
so
elector.
The
Executive
Bureau
has
held
that
the
term
"qualified"
pursuant
to
the
clear
provisions
of
Section
8,
RA
8189
that
when
applied
to
a
voter
does
not
necessarily
mean
that
a
person
provides
that
no
voters
registration
shall
be
conducted
within
120
must
be
a
registered
voter.
To
become
a
qualified
candidate
a
days
before
the
regular
election.
The
right
of
suffrage
is
not
person
does
not
need
to
register
as
an
elector.
It
is
sufficient
that
absolute.
It
is
regulated
by
measures
like
voters
registration,
he
possesses
all
the
qualifications
prescribed
in
section
431
and
which
is
not
a
mere
statutory
requirement.
The
State,
in
the
exercise
of
its
inherent
police
power,
may
then
enact
laws
to
FACTS:
Romulo
Macalintal,
as
a
lawyer
and
a
taxpayer,
questions
safeguard
and
regulate
the
act
of
voters
registration
for
the
the
validity
of
the
Overseas
Absentee
Voting
Act
of
2003
(R.A.
ultimate
purpose
of
conducting
honest,
orderly
and
peaceful
9189).
Claiming
that
he
has
actual
and
material
legal
interest
in
election,
to
the
incidental
yet
generally
important
end,
that
even
the
subject
matter
of
this
case
in
seeing
to
it
that
public
funds
are
pre-election
activities
could
be
performed
by
the
duly
constituted
properly
and
lawfully
used
and
appropriated.
He
questions
the
authorities
in
a
realistic
and
orderly
manner
one
which
is
not
validity
of
the
said
act
on
the
ground
that:
the
Section
5(d)
of
RA
indifferent
and
so
far
removed
from
the
pressing
order
of
the
day
9189
which
provides
that
a
Filipino
already
considered
an
and
the
prevalent
circumstances
of
the
times.
RA
8189
prevails
immigrant
abroad
can
be
allowed
to
participate
in
absentee
voting
over
RA
8436
in
that
RA
8189s
provision
is
explicit
as
to
the
provided
he
executes
an
affidavit
stating
his
intent
to
return
to
the
prohibition.
Suffice
it
to
say
that
it
is
a
pre-election
act
that
cannot
Philippines
is
void
because
it
dispenses
of
the
requirement
that
a
be
reset.
voter
must
be
a
resident
of
the
Philippines
for
at
least
one
year
and
in
the
place
where
he
intends
to
vote
for
at
least
6
months
Further,
even
if
what
is
asked
is
a
mere
two-day
special
immediately
preceding
the
election.
registration,
COMELEC
has
shown
in
its
pleadings
that
if
it
is
allowed,
it
will
substantially
create
a
setback
in
the
other
pre- ISSUE:
Whether
or
not
Sec
5(d)
of
RA
9189
violates
the
residency
election
matters
because
the
additional
voters
from
the
special
requirement
under
the
1987
Constitution.
two
day
registration
will
have
to
be
screened,
entered
into
the
book
of
voters,
have
to
be
inspected
again,
verified,
sealed,
then
HELD:
No.
R.A.
No.
9189
was
enacted
in
obeisance
to
the
entered
into
the
computerized
voters
list;
and
then
they
will
have
mandate
of
the
first
paragraph
of
Section
2,
Article
V
of
the
to
reprint
the
voters
information
sheet
for
the
update
and
Constitution
that
Congress
shall
provide
a
system
for
voting
distribute
it
by
that
time,
the
May
14,
2001
elections
would
have
by
qualified
Filipinos
abroad.
It
must
be
stressed
that
Section
2
been
overshot
because
of
the
lengthy
processes
after
the
special
does
not
provide
for
the
parameters
of
the
exercise
of
legislative
registration.
In
short,
it
will
cost
more
inconvenience
than
good.
authority
in
enacting
said
law.
Hence,
in
the
absence
of
Further
still,
the
allegation
that
youth
voters
are
disenfranchised
is
restrictions,
Congress
is
presumed
to
have
duly
exercised
its
not
sufficient.
Nowhere
in
AKBAYAN-Youths
pleading
was
function
as
defined
in
Article
VI
of
the
Constitution.
There
can
be
attached
any
actual
complaint
from
an
individual
youth
voter
no
absentee
voting
if
the
absentee
voters
are
required
to
about
any
inconvenience
arising
from
the
fact
that
the
voters
physically
reside
in
the
Philippines
within
the
period
required
for
registration
has
ended
on
December
27,
2001.
Also,
AKBAYAN- non-absentee
voters.
Further,
as
understood
in
election
laws,
Youth
et
al
admitted
in
their
pleading
that
they
are
asking
an
domicile
and
resident
are
interchangeably
used.
Hence,
one
is
a
extension
because
they
failed
to
register
on
time
for
some
reasons,
resident
of
his
domicile
(insofar
as
election
laws
is
concerned).
which
is
not
appealing
to
the
court.
The
law
aids
the
vigilant
and
The
domicile
is
the
place
where
one
has
the
intention
to
return
to.
not
those
who
slumber
on
their
rights.
Thus,
an
immigrant
who
executes
an
affidavit
stating
his
intent
to
return
to
the
Philippines
is
considered
a
resident
of
the
Philippines
for
purposes
of
being
qualified
as
a
voter.
If
the
3.
Romeo
Macalintal
vs
COMELEC
|
GR
No.
157013
immigrant
does
not
execute
the
affidavit
then
he
is
not
qualified
as
July
10,
2003
|
Austria-Martinez,
J.:
an
absentee
voter.
Immigration
or
permanent
residence
in
another
country
implies
renunciation
of
ones
residence
in
his
country
of
origin.
However,
same
Section
allows
an
immigrant
and
permanent
resident
abroad
hundred
and
one
(39,801)
registered
voters.
to
register
as
voter
for
as
long
as
he/she
executes
an
affidavit
to
If
the
returns
of
Siasi
were
excluded,
Petitioner
Ututalum
would
show
that
he/she
has
not
abandoned
his
domicile
in
pursuance
of
have
a
lead
of
5,301
votes.
Petitioner
filed
written
objections
to
the
the
constitutional
intent
expressed
in
Sections
1
and
2
of
Article
V
returns
from
Siasi
on
the
ground
that
they
appear
to
be
tampered
that
all
citizens
of
the
Philippines
not
otherwise
disqualified
by
with
or
falsified
owing
to
the
great
excess
of
votes
appearing
in
law
must
be
entitled
to
exercise
the
right
of
suffrage
and,
that
the
said
returns.
Congress
must
establish
a
system
for
absentee
voting;
for
COMELEC
issued
annulling
the
Siasi
List
of
Voters
on
the
ground
otherwise,
if
actual,
physical
residence
in
the
Philippines
is
of
massive
irregularities
committed
in
the
preparation
and
being
required,
there
is
no
sense
for
the
framers
of
the
Constitution
to
statistically
improbable,
and
ordering
a
new
registration
of
voters
mandate
Congress
to
establish
a
system
for
absentee
voting.
for
the
local
elections.
Contrary
to
the
claim
of
petitioner,
the
execution
of
the
affidavit
Petitioner
contends
that
the
issue
he
raised
referred
to
obvious
itself
is
not
the
enabling
or
enfranchising
act.
The
affidavit
manufactured
returns,
a
proper
subject
matter
for
a
pre-
required
in
Section
5(d)
is
not
only
proof
of
the
intention
of
the
proclamation
controversy
and
therefore
cognizable
by
the
immigrant
or
permanent
resident
to
go
back
and
resume
COMELEC;
that
election
returns
from
Siasi
should
be
excluded
residency
in
the
Philippines,
but
more
significantly,
it
serves
as
an
from
the
canvass
of
the
results
since
its
original
List
of
Voters
had
explicit
expression
that
he
had
not
in
fact
abandoned
his
domicile
already
been
finally
annulled.
of
origin.
Thus,
it
is
not
correct
to
say
that
the
execution
of
the
affidavit
under
Section
5(d)
violates
the
Constitution
that
ISSUE:
Whether
or
not
the
election
returns
from
Siasi
should
be
proscribes
provisional
registration
or
a
promise
by
a
voter
to
excluded
from
the
canvass
of
the
results
since
the
original
List
of
perform
a
condition
to
be
qualified
to
vote
in
a
political
exercise.
Voters
had
been
finally
annulled.
To
repeat,
the
affidavit
is
required
of
immigrants
and
permanent
residents
abroad
because
by
their
status
in
their
host
countries,
HELD:
No.
The
Siasi
returns,
do
not
show
prima
facie
that
on
the
they
are
presumed
to
have
relinquished
their
intent
to
return
to
basis
of
the
old
List
of
Voters,
there
is
actually
a
great
excess
of
this
country;
thus,
without
the
affidavit,
the
presumption
of
votes
over
what
could
have
been
legally
cast
considering
that
only
abandonment
of
Philippine
domicile
shall
remain.
36,000
persons
actually
voted
out
of
the
39,801
voters.
Petitioners
cause
of
action
is
not
a
listed
ground
for
a
pre-
proclamation
controversy.
To
allow
the
COMELEC
to
do
so
4.
Nurhussein
Ututalum
vs
COMELEC
|
GR
No.
84843-44
retroactively
would
be
to
empower
it
to
annul
a
previous
January
22,
1990
|
Melencio
Herrera,
J.:
election
because
of
the
subsequent
annulment
of
a
questioned
registry.
The
list
must
then
be
considered
conclusive
evidence
of
FACTS:
Petitioner
Ututalum
and
private
respondent,
Arden
S.
persons
who
could
exercise
the
right
of
suffrage
in
a
particular
Anni,
were
among
the
candidates
in
the
last
30
May
1987
election.
The
preparation
of
a
voters
list
is
not
a
proceeding
before
congressional
elections
for
the
Second
District
of
Sulu.
30
May
was
the
Board
of
Canvassers.
A
pre-proclamation
controversy
is
the
date
reset
by
the
COMELEC
from
the
11
May
1987
elections
limited
to
challenges
directed
against
the
Board
of
Canvassers,
not
The
election
returns
from
Siasi
showed
that
Petitioner
Ututalum
the
Board
of
Election
Inspectors
and
such
challenge
should
relate
obtained
four
hundred
and
eighty-two
(482)
votes
while
to
specified
election
returns
against
which
the
petitioner
should
respondent
Anni
received
thirty-five
thousand
five
hundred
and
have
made
verbal
elections.
eighty-one
(35,581)
votes
out
of
the
thirty-nine
thousand
eight