PDP-Laban seeks TRO vs internet voting for overseas Filipinos

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In their petition before the Supreme Court, PDP-Laban, its members, and several registered overseas Filipino voters argue that internet voting is 'discriminatory' and has no legal basis, which the Comelec disputes

MANILA, Philippines – Political party Partido ng Demokratiko Pilipino Lakas ng Bayan (PDP-Laban) and some overseas Filipino voters have asked the Supreme Court (SC) to issue a temporary restraining order (TRO) against internet voting, the mode of voting for almost all registered voters abroad.

The petitioners asked the SC to issue a TRO to enjoin and restrain the Commission on Elections (Comelec) from implementing several resolutions that serve as the basis for the internet voting mechanism.

The petitioners, comprised of the party, its members, and six individuals who are registered overseas voters, also asked for the High Court to issue a writ of mandamus, directing Comelec to “properly implement” the laws on the automated elections and overseas voting.

The 122-page petition argues that the resolutions on internet voting have no legal basis.

“When Comelec implements a voting system not authorized by Congress, it bypasses the legislative process, resulting in a grave breach of the separation of powers and thereby producing a serious injustice not only to the petitioner but to the electorate as a whole,” the petition reads.

The petitioners also raised concerns that overseas Filipinos were not consulted about the new voting procedure, and that it is “discriminatory” to Filipinos who are not tech-savvy.

They claimed that the Comelec “gravely abused its discretion, exceeded its rule-making power, and contravened the Constitution and existing election laws with its issuance of the assailed resolutions.”

Over 1.2 million Filipinos overseas are set to vote in the 2025 elections via the internet. Online voting is the main mode of voting for overseas Filipinos, with 77 consular posts implementing it.

Pre-enrollment for overseas voters has been ongoing since March 22, and the overseas voting period is set to take place from April 13 to May 12.

Comelec insists legality

In an interview with reporters on Thursday, Comelec Chairman George Garcia said the commission had always anticipated a legal challenge to internet voting at the High Court, and that the one filed by PDP-Laban was the first to do so.

The Comelec stood by the legal basis of internet voting.

Garcia cited Republic Act No. 10590, the law amending the overseas absentee voting law, which says in Section 28: “the Commission may explore other more efficient, reliable and secure modes or systems, ensuring the secrecy and sanctity of the entire process, whether paper-based, electronic-based or internet-based technology or such other latest technology available.”

The law also requires the Comelec to report to Congress about new modes of voting, but Garcia said that it has yet to do so since the implementation of internet voting is still ongoing.

He also insisted that the Comelec underwent proper consultation, particularly when it discussed internet voting as it defended its budget before the Senate and House of Representatives.

“Handa po kami na harapin ‘yung kaso na ifi-nile sa amin diyan sa Korte Suprema upang magkaroon po ng interpretasyon kung talaga bang tama o mali ang Comelec,” said Garcia. (We are ready to face the case filed against us at the Supreme Court so that we may have an interpretation on whether what the Comelec did is right or wrong.)

“But as of now, the Comelec will proceed with internet voting in 77 posts abroad,” he added.

Should the SC issue the TRO against internet voting, Garcia said that the Comelec is prepared with the contingency of sending machines to the 93 consular posts abroad. The Comelec has 16,000 excess vote-counting machines.

He also said that the 1.2 million ballots that would be needed can be printed “in more or less one day.”

Despite the main petitioner being PDP-Laban, concerns about the internet voting mechanism have emerged from Filipinos across various countries and political affiliations, particularly technical bumps in the first days of pre-enrollment, and general distrust in the system. – Rappler.com