PDP-Laban asks SC to halt OFW online voting for Eleksyon 2025

The Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban) party has filed a petition before the Supreme Court to stop the Commission on Elections (Comelec) from implementing online voting for overseas Filipino workers (OFWs) in the upcoming 2025 midterm elections.

The 122-page petition for certiorari and prohibition filed on April 3 seeks a temporary restraining order (TRO) and a writ of preliminary injunction to compel the poll body to maintain manual counting and on-site canvassing for overseas voting.

The petition cited Republic Act 9369, also known as the Automated Election Law, and Republic Act 10590, the Overseas Absentee Voting Act, as legal bases for its argument.

PDP-Laban vice chairman Alfonso Cusi filed the petition along with lawyers and senatorial candidates Raul Lambino, Jimmy Bondoc, and Vic Rodriguez. Lawyer Glenn Chong was also a petitioner. Atty. Israelito Torreon will serve as their legal counsel.

The petitioners also asked the high court to nullify and declare as unconstitutional the four resolutions issued by the Comelec that laid down instructions for online voting and automated vote counting. 

“Needless to say, the right to vote necessarily implies the right to be reassured that one’s votes are properly accounted for. The physical act of casting a ballot is meaningless if one’s vote does not make it into the tally,” the petition read.

“Such is a ‘participatory’ democracy in vain. The true essence of suffrage is not being able to cast a ballot, but having the complete assurance that what is written on the ballot will be reflected on the results,” it added.

The petitioners argued that the resolutions illegally set up an automated election system and disregarded a provision in the Election Automation Law that mandates traditional manual counting.

“Pinag-aralan namin and we found out na ‘yung Comelec resolutions na ipinalabas nila starting with 11061 on overseas Filipino voting system ay medyo depektibo kasi… wala pang batas on online voting,” Atty. Israelito Torreon, one of the petitioners as well as their legal counsel, said in an interview.

(We studied it and found out that the Comelec resolutions starting with 11061 on the overseas Filipino voting system are somewhat flawed because… there is still no law on online voting.)

“Ang Comelec, on its own, issued… three Comelec resolutions… which implement online voting even if there is no law yet on the matter,” he added.

(Comelec, on its own, issued three Comelec resolutions that implement online voting even though there is no law yet on the matter.)

Meanwhile, the petitioners also asked the Court to direct that votes must be manually counted.

“Makikita ng mga watchers kung sino talaga ang binoto talaga nila, mayroon tayong tally sheets, mayroon tayong election returns na klaro, mayroon tayong certificate of votes so we can have clear basis— mayroon tayong factual basis pagpunta na doon po sa canvassing,” Torreon said. 

(Watchers can see who was actually voted for, we have tally sheets, we have election returns, we have a certificate of votes that provides a clear basis—we have an actual basis when we go into canvassing.)

The respondents are the Comelec and the Department of Foreign Affairs.

Comelec: Internet voting to proceed

For its part, the Comelec said internet voting will proceed for the 77 Philippine diplomatic posts abroad so far, adding it is ready to face the case filed with the Supreme Court. 

Of the 90 Philippine diplomatic posts abroad, 77 will participate in the first-ever online voting and counting systems (OVCS) and 16 will use the automated counting machines. 

“Handa po kami na harapin ang kaso na ifinile sa amin sa Korte Suprema upang magkaroon ng interpretasyon kung tama ba o mali ang Comelec,” said poll chief George Erwin Garcia. 

(We are ready to face the case filed with the SC as it will allow the Court to have its interpretation of whether the Comelec is right or not.)

“As of now, the Comelec will proceed with internet voting in 77 posts abroad. In 16 posts, ang pagboto natin ay mga makina,” said  Garcia. 

(As of now, the Comelec will proceed with internet voting in 77 posts abroad. In 16 posts, they will vote via the machines.)

According to the poll chief, RA 10590 or the Overseas Absentee Voting Act allows internet voting as the law authorizes the poll body to “explore other modes or systems using automated election system”. 

He also said the Comelec has contingency plans in the event the Court issued a temporary restraining order against OVCS, including the deployment of ACMs in the affected diplomatic posts. 

“Meron kaming excess na mga makina. May 16,000 na excess na makina at mayroon lang tayo na more or less 93 posts abroad. Kahit magpadala kami ng tig-iisang makina at ang mga balota naman madaling i-imprenta,” said Garcia. 

The Comelec opened the enrollment for the pre-voting system for the OVCS from March 20 to May 7, 2025. Around 19,000 enrolled in the system as of April 2, 2025. 

There are 69.6 million registered voters for the May polls, and of that number, 68.4 million are in the country while 1.2 million are overseas voters.—with Joahna Lei Casilao/Sundy Locus/LDF, GMA Integrated News

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