MEMBERS of the political party Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban) yesterday asked the Supreme Court (SC) to stop the Commission on Elections (Comelec) from using the Online Voting and Counting System (OVCS) for the forthcoming overseas voting in relation to the May 12 midterm polls.
In a petition for prohibition and mandamus with an urgent prayer for the issuance of a temporary restraining order and writ of preliminary injunction, PDP-Laban vice chairperson Alfonso Cusi questioned the Comelec’s legal basis for the implementation of remote online voting for overseas voters and the automated counting of votes.
Joining Cusi in the petition are PDP-Laban senatorial candidates Raul Lambino, Jimmy Bondoc, and Victor Rodriguez along with party member Glenn Chong and several registered overseas voters.
They are represented by lawyer Israelito Torreon who will serve as their legal counsel.
The petitioners told the High Court that the use of digital ballots is not authorized by existing laws.
“The Commission on Election cannot be allowed to introduce this new system through mere administrative issuances only,” they said, adding that the poll body should not have introduced online voting since it lack legal basis.
They also said that the fully automated counting and canvassing of overseas votes violate Republic Act 10590 or the Overseas Voting Act of 2013, which mandates an on-site counting and canvassing process.
“If the 2025 elections proceed under these ultra vires issuances of the Comelec, not only would the integrity and credibility of the electoral process be jeopardized, but its very legality and legitimacy,” the petitioners said.
“We do not want to be partaking in an illegitimate election,” they added.
The petitioners said the poll body should have clear safeguards and should have consulted with stakeholders regarding the conduct of internet voting for overseas Filipinos.
As to the automated counting of votes, they said their major contention against the procedure is that it “violates Section 31 of Republic Act 9369 or the Election Automation Law which mandates manual counting of ballots at the precinct level.”
With all these, the petitioners pleaded with the SC to grant their request for a TRO and/or preliminary injunction to prevent the poll body from implementing it resolutions allowing internet voting and automated counting of votes, especially with the election over a month away.
‘WE WILL PROCEED’
Comelec chairman George Garcia said they will push through with the online voting and counting system despite the petition filed by the PDP-Laban.
“As of now, the Comelec will proceed with internet voting in the 77 posts abroad, while the other 16 posts will use the voting machines,” Garcia said in an interview.
He said the OVCS is all set to be used during the overseas voting period that will run from April 13 to May 12.
“We already have some 19,000 overseas voters enrolled in our system,” he added.
Garcia said the poll body has enough legal basis to explore the use of internet in conducting the elections.
“Under Republic Act No. 10590, the Comelec can venture on other modes of voting,” he said, adding that the poll body undertook all the necessary steps in securing public approval on the use of internet voting.
“We made sure to do proper consultation. From the Senate to Congress, we extensively discussed internet voting. We didn’t get any violent objections,” said the poll chief.
Garcia said the Comelec is prepared to respond to the petition filed by PDP-Laban.
“We are ready to face the case filed against us so that there will be a proper interpretation if the Comelec was right or wrong,” he said. – With Gerard Naval
