PDP-Laban petitioned SC, seek TRO against OFW online voting

The Partido ng Demokratikong Pilipino–Lakas ng Bayan (PDP-Laban), along with several others, has filed a petition before the Supreme Court seeking to nullify four Commission on Elections (COMELEC) resolutions. The petitioners claim these resolutions are unconstitutional and threaten the integrity of the electoral process.

The petition, filed alongside senatorial candidates, overseas Filipino workers (OFWs), and registered overseas voters, requests a Petition for Prohibition and Mandamus with an urgent prayer for a Temporary Restraining Order (TRO) and Writ of Preliminary Injunction.

The petitioners argue that the contested COMELEC resolutions unlawfully alter the voting process. One key contention is the automated counting of votes, which they assert violates Section 31 of Republic Act (RA) No. 9369, the Election Automation Law, which mandates manual counting of ballots at the precinct level.

The petition also challenges the implementation of remote online voting for overseas voters, stating that the use of digital ballots is not authorized by existing laws. "COMELEC cannot be allowed to introduce this new system through mere administrative issuances," the petition argues.

They further assert that COMELEC's fully automated counting and canvassing of overseas votes violates RA No. 10590, the Overseas Voting Act of 2013, which mandates an on-site counting and canvassing process.

"If the 2025 elections proceed under these ultra vires COMELEC issuances, not only will the integrity and credibility of the electoral process be jeopardized, but its very legality and legitimacy will be at risk," said Atty. Israelito Torreon, legal counsel for the petitioners. "We do not want to partake in an illegitimate election."

The petition seeks a writ of mandamus to compel COMELEC to follow legal procedures as mandated under Sections 23, 24, 25, and 27 of RA 10590 and Section 31 of RA 9369. Petitioners are also requesting an immediate TRO and injunction to prevent COMELEC from implementing the resolutions, citing the urgency of the matter with Election Day less than two months away.

PDP-Laban is represented in the petition by its vice chairman Alfonso Cusi and is joined by 2025 senatorial candidates Atty. Raul Lambino, Atty. Jimmy Bondoc, and Atty. Vic Rodriguez, along with PDP-Laban member and IT enthusiast Atty. Glenn Chong, and several registered overseas voters.

The petition invokes the Supreme Court's role as the "conscience of the government," quoting Justice Isagani Cruz in Javier v. COMELEC (1986): "Never again shall the purity of suffrage be defiled."