YRA V. ABAŇO

 

YRA V. ABANO

MARCOS YRA, petitioner-appellant v. MAXIMO ABAŇO, respondent

G.R. No. 30187. November 15, 1928

 

TOPIC: VOTER’S REGISTRATION

ONE-LINER: Registration regulates the exercise of the right of suffrage. It is not a qualification for such right.

FACTS:

Maximo Abaño is a native of the municipality of Meycauayan, Bulacan. While temporarily residing in Manila, Abaño registered as a voter there. Shortly after qualifying as a member of the bar and after the death of his father, Abaño returned to Meycauayan to live. From May 10, 1927, until the present, Abaño has considered himself a resident of Meycauayan.

When the 1928 elections were approaching, he made an application for cancellation of registration in Manila which was dated April 3, 1928, but this application was rejected by the city officials for the reason that it was not deposited in the mails on or before April 4, 1928.

Nevertheless, Abaño presented himself as a candidate for municipal president of Meycauayan in the 1928 elections and was elected by popular vote to that office.

Petitioner, Marcos Yra, the vice-president elect of Meycauayan, Bulacan, who challenges the right of the respondent, Maximo Abaño, the municipal president elect of Meycauayan, to the position to which elected on the ground that the respondent is ineligible. It was established however that the municipal president was a resident of the municipality but is not registered as a voter there.

 

ISSUE:

W/N respondent Abaño is eligible to run and be elected as Municipal President.

 

RULING

Yes, Abaño is eligible to run and be elected as Municipal President. Registration regulates the exercise of the right of suffrage. It is not a qualification for such right.

SC cited jurisprudence from Kentucky:

“one's eligibility is not affected by his failure to register. It was said that "The act of registering is only one step towards voting, and it is not one of the elements that makes the citizen a qualied voter. . . . One may be a qualied voter without exercising the right to vote. Registering does not confer the right; it is but a condition precedent to the exercise of the right." 

It should not be forgotten that the people of Meycauayan have spoken and their choice to be their local chief executive is the respondent. The will of the electorate should be respected.

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