Montesclaros v. COMELEC July 9, 2002 | J.

Carpio Facts: SK is a youth organization originally established by PD 684 as the Kabataang Barangay all barangay residents who were less than 18 yo organized to provide its members with the opportunity to express their views and opinions on issues of transcendental importance LGC renamed KB to SK and limited SK membership to youths 15-21 yo First SK elections took place on Dec. 4, 1992. RA 7808 reset the SK elections to the first Monday of May of 1996 and every three years thereafter Dec 4, 2001 - COMELEC issued Resolutions 4713 and 4714 to govern the SK elections on May 6, 2006 Montesclaros sent a letter to COMELEC demanding the SK elections be held as scheduled on May 6. COMELEC Chairman Benipayo wrote to the Speaker of the House and the Senate President saying that it was operationally very difficult to hold both elections simultaneously in May 2002 and instead expressed support for Drilons bill moving SK elections to Nov 2002 Petitioners received a copy of the COMELEC resolution recommending to Congress the postponement of the SK elections to Nov 2002 but holding Barangay elections in May 2002 Senate and House passed their respective bills postponing the SK elections bicameral committee consolidated the bill and reset the SK and Barangay elections to July 15, 2002. It also lowered the membership age in the SK to 15-18 Petitioners filed the instant petition in the SC Issues: WON COMELEC acted with grave abuse of discretion when they intended to postpone the SK elections (NO) WON they acted with grave abuse of discretion when they intended to discriminate, disenfranchise, single out and dismember the SK members who are 18 but not less than 21 yo (NO) WON they acted wit grave abuse of discretion when they willfully failed to fund the SK election to postpone the same (NO) WON the incumbent SK officers wanted to perpetually sit on their respective offices (NO) Ruling: Petitioners, who all claim to be 20 yrs old, argue that the postponement of the May 6, 2002 SK elections disenfranchises them, preventing them from voting and being voted for in the SK elections. SCs power of judicial review may be exercised in constitutional cases only if all requis ites are present o Existence of an actual and appropriate case or controversy o A personal and substantial interest o Exercise of judicial review is pleaded at the earliest opportunity o Constitutional question is the lis mota of the case There is no actual controversy requiring the exercise of the power of judicial review petitioners are amenable to a resetting of the SK elections to any date not later than July 15, 2002 Prayer to prevent Congress from enacting a law does not present an actual justiciable controversy proposed bill creates no right and imposes no duty legally enforceable by the Court in effect, it violates no constitutional right or duty the court has no power to declare a proposed bill constitutional or not SC cannot restrain Congress from passing any law, or from setting into motion the legislative mill according to its internal rules SC has no power to dictate to Congress the object or subject of bills that Congress should enact into law Under RA 9164 Congress merely restored the age requirement in PD 684 Petitioners do not have a vested right to the permanence of the age requirement under Sec 424 of the LGC Every law passed by Congress is always subject to amendment or repeal by Congress. SC cannot restrain them from amending or repealing laws SC cannot also direct the COMELEC to allow over-aged voters to vote or be voted for in an election that is limited under RA 9164 to youths 15-18 Petitioners have no personal and substantial interest in maintaining this suit right is limited to those who on the date of the SK elections are at least 15yo but less than 18yo

Petition doesnt raise any constitutional issue SK membership is not a property right within the sense of constitutional guaranties of due process of law There is no grave abuse of discretion attended the postponement of the SK elections Petitioners have not shown that the COMELEC acted illegally or with grave abuse of discretion. COMELEC exercised its power and duty to enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall Argument that the postponement of the SK elections would allow incumbent SK officers to perpetuate themselves in power deserves scant consideration.

Judgment: petition dismissed.