The Supreme Court (SC) was asked to stop the Commission on Elections (Comelec) from implementing several resolutions like on remote online voting for overseas Filipino voters and the automated counting of votes in the May 2025 elections.
The petition, filed by the Partido ng Demokratikong Pilipino-Lakas ng Bayan (PDP-Laban) and several individuals, also asked the SC to issue a temporary restraining order (TRO) that would stop the enforcement of four Comelec resolutions – Resolution Nos. 11061, 11076, 11079 and 11081.
The four Comelec resolutions, the SC was told’, were unconstitutional as these were issued beyond the Comelec’s legal power or authority and in violation of the provisions of Republic Act No. 9369, the Election Automation Law, and RA 10590, the Overseas Voting Act of 2013.
The petitioners also asked the SC to compel Comelec Chairman George Erwin Garcia and Department of Foreign Affairs (DFA) Secretary Enrique Austria Manalo to properly enforce Section 31 of RA No. 9369 which mandates manual counting of ballots at the precinct level, and the provisions of RA No. 10590 which mandates an on-site counting and canvassing process.
“The assailed resolutions are ultra vires (beyond the powers) acts. The electoral process being implemented by these Resolutions are different from what is provided and mandated by law,” the petitioners said.
The assailed four Comelec resolutions:
- Resolution No. 11061, promulgated on Sept. 13, 2024, entitled: “General Instructions for Special Board of Election Inspectors and Special Ballot Reception and Custody Group in the Conduct of Online Voting and Counting of Votes in Connection with Overseas Voting Act of 2013 for Purposes of 12 May 2025 National and Local Elections.”
- Resolution No. 11079, promulgated on Nov. 13, 2024, entitled: “General Instructions for the Special Board of Election Inspectors and Special Ballot Reception and Custody Group in the Conduct of Automated Voting and Counting of Votes in Connection with Overseas Voting Act of 2013 for Purposes of the 12 May 2025 National and Local Elections.”
3.Resolution No. 11081, promulgated Nov. 20, 2024, entitled “General Instructions for the Special Board of Canvassers in the Conduct of Consolidation/Canvassing and Uploading of Election Results Votes in Connection with the Overseas Voting Act of 2013 for Purposes of the 12 May 2025 National and Local Elections.”
4. Resolution No. 11076, promulgated Oct. 30, 2024, entitled: “General Instructions for the Electoral Boards on the Process of Voting, Counting, & Transmission of Election Results for the 12 May 2025 National, Local, & Bangsamoro Parliamentary Elections.”
The petitioners said that with the four resolutions, the Comelec will implement another manner or procedure for counting of votes in violation of Section 31 of RA 9369 which requires a manual counting of votes as the prescribed manner of vote counting under automated elections.
At the same time, they said the enforcement of remote online voting for overseas voters and the use of digital ballots are not authorized by existing laws.
They pointed out that under RA 10590, there are only two methods of casting and submission of votes -- in-person or personally casting the ballots at the posts and by-mail.
“Unfortunately, the assailed resolutions illegally implement this another mode of voting for overseas voters which is not recognized nor authorized by RA 10590, and not founded upon any existing law,” they also said.
“If the 2025 Elections proceed under these ultra vires Comelec issuances, not only would the integrity and credibility of the electoral process be jeopardized, but its very legality and legitimacy,” they stressed.
The petitioners are led by PDP-Laban Vice Chairman Alfonso Cusi, lawyers Israelito Torreon, Raul Lambino, Jimmy Bondoc, and Vicente Rodriguez, Glenn Chong, and several overseas Filipinos.