MANILA — Members of political party PDP-Laban on Thursday asked the Supreme Court to halt internet voting for overseas Filipinos in May’s midterm elections. 

In their petition for prohibition and mandamus with an urgent prayer for a temporary restraining order (TRO) and writ of preliminary injunction, PDP-Laban and other petitioners challenged the implementation of remote online voting for overseas voters and the automated counting of votes. 

In a statement, petitioners said their “major contention is the automated counting of votes”, which supposedly violates Section 31 of the Election Automation Law. They argued that the law “mandates manual counting of ballots at the precinct level.” 

The petitioners added that online voting for overseas Filipinos should not have been introduced. Digital ballots, they said, “are not authorized by existing laws.” 

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“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. Ang Comelec, on its own, issued three Comelec resolutions which implement online voting even if there is no law yet on the matter,” lawyer Israelito Torreon said. 

“Winala ang manual counting of votes, ginawang electronic, and electronic counting was already repealed by RA 9369. Yung batas on electronic counting was provided for RA 8436 but this was specifically amended by RA 9369 and RA 8436 has been implemented even if this is a clear violation of our existing law,” he told reporters. 

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Torreon said there should be clear safeguards and consultation with stakeholders regarding internet voting for overseas workers. 

The petition was filed by PDP-Laban Vice Chairman Alfonso Cusi, Torreon, as well as Senate bets and lawyers Raul Lambino, Jimmy Bondoc, and Vic Rodriguez. The petitioners also include Glenn Chong and other overseas Filipinos.

COMELEC READY TO DEFEND ONLINE VOTING

The Commission on Elections (Comelec) said it was ready to defend internet voting before the Supreme Court. 

“Sinasabi nila walang batas, ang amin pong interpretasyon yung RA 10950 - yung mismong amendment sa mismong batas natin patungkol sa Overseas Voting ay nagsasabi na ang Comelec can venture on other mode or modes of voting at sinasabi dun na magre-report lang kami sa Kongreso patungkol sa pagpunta natin sa ibang mode of voting,” Comelec Chairman George Garcia said. 

He said the poll body consulted both the House of Representatives and the Senate Electoral Reforms committees four times and no one objected against internet voting. 

“Again, handa po kami na harapin yung kaso na ifi-nile sa amin dyaan sa Korte Suprema upang magkaroon po ng interpretasyon kung talaga bang tama o mali ang Comelec,” Garcia said. 

“As of now, the Comelec will proceed [with] internet voting in 77 posts abroad… Magna-19,000 na po ang mga kababayan natin ang kasalukuyang nag-e-enroll sa ating sistema sa 1.241 million na ating mga botante abroad,” he told reporters. 

In case the Supreme Court issues a temporary restraining order in favor of the petitioners, Garcia said the Comelec was ready to deploy automated counting machines to 93 posts abroad. 

“May 16,000 na excess na makina kami. Meron lang naman po tayo more or less na 93 posts abroad, so kahit na magpadala po kami ng tigi-tigisang makina kahit pa nga po may contingency…yung mga balota naman po napakadali namin iimprenta,” Garcia said. 

“Tatandaan po ng lahat na ang pagboto sa abroad ay isang buwan… Tatagal po ito mula sa Abril a-trese hanggang Mayo a-dose,” he noted.

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