Last October 29, 2009. Kabataan Party-list, together with youth leaders from various organizations along with prospective first-time voters, went to the Supreme Court to file a petition that, if granted, would urge the Commission on Elections (COMELEC) to resume the registration of voters until January 9, 2010 from its self-imposed deadline of October 31, 2009.

This petition was based on two legal bases. First, the October 31 deadline of the COMELEC is seventy (70) days short of the deadline prescribed by law under the Voters Registration Act of 1996. Second, for effectively amending the law by setting the deadline prior to the prescribed date, COMELEC usurped the legislative power of Congress.

But beyond the legal bases, we would like to assert the conditions that make the affirmative granting of this petition imperative and urgent.

Just recently, the Commission on Elections announced that it was able to register around 2.7 million new voters for the 2010 polls. This figure is a far cry from Comelec’s three (3) million target turnout, and even farther from the five (5) million new registrants that it projected at the beginning of the year. The National Statistics Office itself estimated that there are about 10 million unregistered eligible voters for this year.

The figures are telling. The glaring fact is, up to 7 million eligible voters were unable to register in the shortened registration period.

Blame cannot be put entirely on Filipinos’ “last minute” habit. This year witnessed a confluence of tragedies that affected voter registration: the swine flu outbreak, deaths of important personalities that spawned non-working holidays, and the massive flooding brought about by supertyphoons Ondoy and Pepeng. Moreover, the low turnout can also be attributed to the fact that the Comelec did not have adequate resources and manpower to accommodate hundreds of registrants per day.

We maintain that the Comelec created the conditions that led to a low turnout when it shortened the period of voter registration, a move that is contrary to law. It violated the people’s right to register and right of suffrage when it issued and implemented Comelec Resolution No. 8585, fixing the deadline of application of registration of voters on October 31, 2009, more than two months earlier than is prescribed by law.

Despite these factors, the Comelec did not heed calls to extend the voter registration period. It claims that it is preparing heavily for the automated elections – perpetually and ironically pitting poll automation and the people’s right to register against each other. We reiterate, as we did in our petition to the Supreme Court, that these two aspects should not contradict but instead, if the Comelec were resourceful enough, complement one and the other.

We simply cannot accept this argument by the Comelec at face value. Both poll automation and voter registration are major responsibilities of the Comelec and they cannot just simply drop the one in favor of the other.  In fact, not anywhere in the Poll Automation Law does it state that the Comelec is given mandate to arbitrarily shorten or revise the deadline for continuing registration ‘to pave way for preparations for poll automation.’

We have been consistent with our calls to extend voter registration back to its original deadline since day one. But everytime, the Comelec vehemently resisted and instead dangled the ‘failure of elections’ threat to our faces should we pursue our campaign.

This precisely is the reason why we came to you. We have sought out no less than the intervention of our highest judicial body to make the Comelec understand, respect and comply with the rule of law. Indeed, the wisdom and judgment of the Supreme Court might be the only way to prevent millions of Filipinos from being denied their vote. Else, we can as early as now consider the upcoming 2010 elections a failure.

In less than a month, our petition will have become moot and academic. By January 10, regardless of a favorable ruling by the Supreme Court, the deadline prescribed by law (120 days before day of the elections) would have lapsed and millions of prospective first-time voters would have permanently been disenfranchised for the coming elections.

We remain hopeful that the High Court will heed the call of the youth. This Court has proven many times that it can act swiftly on matters of national interest when legal resolution is urgent. We find no reason for this Court to delay affirming the constitutional right of suffrage to millions of Filipinos who have been injured by COMELEC’s actions. We thus appeal for this Court to render a resolution to our urgent petition at the soonest possible time, before everything is too late.

Cliche as it may sound, justice delayed is justice denied.

Signed by the petitioners,

Kenneth Carlisle Earl Eugenio, prospective first-time-voter;

Ana Katrina Tejero, prospective first-time-voter;

Victor Louis Crisostomo, prospective first-time-voter;

Jacqueline Alexis Merced, prospective first-time-voter;

Jade Charmane Rose Valenzuela, prospective first-time-voter;

Kabataan Party-list Rep. Raymond Palatino;

Alvin Peters, President, National Union of Students of the Philippines;

Ma. Cristina Guevarra, Chairperson, Student Christian Movement;

Vencer Mari Crisostomo, Secretary-General, Kabataan;

Vijae Alquisola, President, College Editors Guild of the Philippines; and,

Dianne Kristel Asuelo, Secretary-General, Kabataang Artista para sa Tunay na Kalayaan