Comelec Calls for Automated Election Law Amendment
The Commission on Elections (Comelec) emphasized the need to amend the automated election law or enact a new one to address calls for a manual recount of votes for Eleksyon 2025. They also stressed the importance of allocating a budget to support such processes.
Comelec chairman George Garcia clarified that Republic Act No. 9369, known as the Automated Election Law, was designed to ensure fully automated elections without manual counting. However, the law does require a random manual audit of ballots from selected precinct clusters.
“Wala po kasi tayong budget para diyan sa mga pagbibilang na ganyan kung talaga bang ‘yan ay pine-prescribe. Bakit? Simula nu’ng 2010 na nag-automated election tayo, ay wala po tayong mga ganyang klaseng pagbilang,” Garcia explained during a radio interview.
(We don’t have a budget for manual counting, if that’s really prescribed under the law. Since we started conducting automated elections in 2010, we don’t have this kind of counting.)
He further questioned, “Kung pagbibigyan natin sila, sino po magbibilang? Saan bibilangin? Magkano ang budget? Saan kukuhain ang budget? Anong proseso? Anong procedure ng pagbilang?”
(If we grant their plea, then who will count? Where will the counting be? How much is the budget? Where will the budget be gotten from? What is the process? What is the procedure for the counting?)
Jurisdiction and Legal Framework Concerns
The Comelec previously stated that an election protest is the only legal mechanism to prompt a manual recount of votes. This followed the demand by a detained senatorial candidate and religious leader for a manual recount after the recent polls.
Since the 12 winning senators for the 2025 elections have already been proclaimed, Garcia pointed out that the Comelec would lose jurisdiction should a manual recount occur. Instead, the Senate Electoral Tribunal would take over.
Given these limitations, Garcia stressed that the current Automated Election Law, enacted in 2007, may be outdated and in need of revision or replacement to reflect technological advances and current electoral needs.
“Tama itong pagkakataon na ganito, itong 2025 elections, upang makapaghabi tayo ng mga batas o kaya baguhin na natin ang Automated Election Law sapagkat 2007 pa po ‘yan. Napakatagal na, ang dami nang pagbabago…sa teknolohiya. Maaaring hindi na po ‘yan updated,” he stated.
(The 2025 election is a good opportunity for us to create new laws or amend the Automated Election Law because it’s been here for a long time. There have been many changes in technology. It may not be updated already.)
He added, “Ako ay nag-a-agree kung kakailanganin ng pagbabago o overhaul ng batas. Bakit nga ba hindi? Pero sa kasalukuyan, tali ang kamay ng Comelec. Hindi kami makakakilos nang hindi binabago ang batas sapagkat tagapagpatupad lang kami ng ating mga umiiral na batas.”
(I would agree if there will be a change or overhaul of the law. But currently, the Comelec’s hands are tied. We cannot act without changing the law because we are only the enforcers of our existing laws.)
Random Manual Audit Underway
On May 14, the Comelec began the random manual audit (RMA) of ballots from more than 700 randomly selected clustered precincts and one online voting center for Eleksyon 2025. This process is mandated by law to verify the accuracy of automated counting machines (ACMs).
Approximately 60 auditing teams comprised of teachers from the Department of Education, who were not part of the election boards, are conducting the audit. They examine ballots and assess ACM performance at 726 randomly chosen precincts.
These efforts aim to ensure transparency and accuracy in the automated election system while highlighting the need for legal updates to accommodate manual recounts if necessary.
For more news and updates on Eleksyon 2025, visit Filipinokami.com.