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Comelec can hold special polls without House resolution —SC
Comelec can hold special polls without House resolution —SC

GMA Network

time16-07-2025

  • Politics
  • GMA Network

Comelec can hold special polls without House resolution —SC

The Supreme Court has said that the Commission on Elections can hold special elections to fill congressional seats that become vacant even without a resolution from the House of Representatives. In a 34-page decision, the SC En Banc dismissed a petition seeking to compel the House of Representatives to officially declare a vacancy in the Third Legislative District of Palawan and call for a special election. 'In the event of a vacancy in the House of Representatives that occurs at least one year before the expiration of the term of such seat, it is incumbent upon the Comelec to call for and hold a special election to fill such vacancy not earlier than 60 days nor longer than 90 days after the occurrence of the vacancy,' the SC said. 'This mandatory and ministerial duty of the Comelec to call and hold the special election emanates from Republic Act (RA) No. 6645 as amended by RA No. 7166, and is no longer conditioned upon any certification or call from the House,' it added. After the passing of the representative in 2023, local government units passed resolutions asking House Speaker Ferdinand Martin Romualdez to request Comelec to hold a special election. However, the Comelec said that under RA 6645, it needs a resolution from the HOR before calling a special election. This led to the filing of the petition with the SC. For its part, the SC said that the requirement was removed under RA 7166, authorizing Comelec to act without waiting for Congress. It said that Comelec can rely on other means to confirm the vacancy such as official announcements, press releases, or certifications from the Speaker or the secretary-general. 'It should not be unduly constrained to await a certification from Congress—whether in the form of a resolution issued by the relevant chamber of Congress while in session, or a certification from the Speaker or the Senate President while Congress is in recess—before it may call and hold the special election,' the SC said. The SC said that to limit the Comelec to a resolution in determining the existence of a vacancy would be 'to curtail and render ineffectual its power and mandate.' However, the SC clarified that this ruling does not apply to vacancies in party-list seats. Sought for comment, Comelec chairperson George Garcia said the decision strengthens the Comelec's power to conduct special elections in case of vacancies. 'No need to await for the call of the chamber where the vacancy occurs,' Garcia said. The decision, penned by Associate Justice Ramon Hernando, was promulgated in April and made public in July. —AOL, GMA Integrated News

Garcia: No ACMs with software version 3.4.0 were used in Eleksyon 2025
Garcia: No ACMs with software version 3.4.0 were used in Eleksyon 2025

GMA Network

time14-07-2025

  • Politics
  • GMA Network

Garcia: No ACMs with software version 3.4.0 were used in Eleksyon 2025

Commission on Elections Chairman George Garcia on Monday refuted claims that the certified and audited software program in the automated counting machines used in the 2025 midterm elections were substituted from version 3.4.0 to version 3.5.0. This, as a group of religious, former officials, and civil society organizations earlier filed a complaint before the National Bureau of Investigation (NBI) against him and other officials over their alleged interference with the software used in the May polls. Garcia said that only the ACMs with 'updated' software version 3.5.0 were used during the elections. Asked if there were any ACMs with software version 3.4.0 utilized, he said: 'Walang walang wala po. Talagang 3.5.0 version tayo.' (There's really none. We only used the 3.5.0 version.) '[Ang 3.4.0 version] ang unang version kasi. After ng mga pagbabago, may mga in-adjust and therefore, biglang ngayon nagkaron ng 3.5.0 version. 'Yun na 'yung na-source code review. 'Yan na rin 'yung na-trusted build, 'yan na 'yung na-deposito sa Bangko Sentral. 'Yan na po lahat ang nilagay sa ating mga makina, 'yung version natin na updated na 3.5.0,' he explained. (The 3.4.0 version was the first version. After the changes and adjustments, we had a 3.5.0 version. That's what underwent the source code review, the trusted build, and the one we deposited at the Banko Sentral ng Pilipinas. The updated version 3.5.0 was also what we put on our machines.) Garcia said that even the Parish Pastoral Council for Responsible Voting could attest that the Comelec only used the ACMs with the 3.5.0 software version during the elections. ''Yung mismong PPCRV, naggawa ng report... Ang sabi nga nila, 'We were there.' Nandoon po sila mismo nung nagkaron ng trusted build, nakita nila mismo na 3.5.0 siya, hindi naman siya 3.4.0,' he said. (The PPCRV made a report and said that they were there during the conduct of the trusted build. They saw for themselves that it was the 3.5.0 version used, not the 3.4.0.) 'At saka ang pinaka-best evidence sa ganyan, 'yun bang pinadalang resulta mula sa presinto ng mga makina ay tumutugma doon sa lahat ng natanggap sa mga servers? 'Yung PPCRV 99.909% ang accuracy. 'Yun naman ating random manual audit, 99.9972%,' he added. (And the best evidence to prove that is whether the results sent from the precinct where the machines were matched those received by the servers. The PPCRV said it was 99.909% accurate, while our random manual audit showed 99.9972% accuracy.) In the complaint, Garcia, six Comelec commissioners, and three other people were named respondents. They face 110,000 counts of system interference, representing the 110,000 ACMs used in the 2025 elections. They were also charged with another 55,874,700 counts of system interference, representing the 55,874,700 votes they consolidated in Data Center 3. The complainants said the respondents allegedly violated Paragraph 4, Section 4 of the Cybercrime Prevention Act. This states that system interference is the 'intentional alteration or reckless hindering or interference with the functioning of a computer or computer network, by inputting, transmitting, deleting, deteriorating, altering, or suppressing computer data or program, electronic document, or electronic data message, without right or authority.' —AOL, GMA Integrated News For more Eleksyon 2025 related content and updates, visit GMA News Online's Eleksyon 2025 microsite.

Comelec faces complaint for ‘system interference' in 2025 polls
Comelec faces complaint for ‘system interference' in 2025 polls

GMA Network

time10-07-2025

  • Politics
  • GMA Network

Comelec faces complaint for ‘system interference' in 2025 polls

A group of religious, former officials, and civil society organizations on Thursday filed a complaint against Commission on Elections (Comelec) chairperson George Garcia and other officials over their alleged interference with the software used in the 2025 Philippine elections. Among the 16 complainants were lawyer Alex Lacson, San Carlos Bishop Gerardo Alminaza, Kidapawan Bishop Jose Colin Bagaforo, former Comelec Commissioner Augusto Lagman, former Financial Executives Institute of the Philippines president Franklin Ysaac, and Isabela Vice Mayor Harold Respicio. Aside from Garcia, six Comelec commissioners and three other people were named respondents. They face 110,000 counts of system interference, representing the 110,000 ACMs used in the 2025 elections. They were also charged with another 55,874,700 counts of system interference, representing the 55,874,700 votes they consolidated in Data Center 3. The complainants said the respondents allegedly violated Paragraph 4, Section 4 of the Cybercrime Prevention Act. This states that system interference is the 'intentional alteration or reckless hindering or interference with the functioning of a computer or computer network, by inputting, transmitting, deleting, deteriorating, altering, or suppressing computer data or program, electronic document, or electronic data message, without right or authority.' The complaint filed before the National Bureau of Investigation alleged that Comelec substituted the certified and audited software program in the Automated Counting Machines (ACMs) used in the 2025 polls from version 3.4.0 to version 3.5.0. The respondents also allegedly allowed the election results to pass through Data Center 3, which the complainants noted as an 'illegal, unauthorized server.' The complaint also flagged Comelec's move to delete around 5 million votes of vote discrepancy without the participation of the five transparency groups, namely: Parish Pastoral Council for Responsible Voting, National Citizens' Movement for Free Elections, the media, the dominant majority political party, and the dominant minority political party. In a statement, Garcia said Comelec is open to any investigation surrounding the 2025 polls, noting that the agency observed an orderly, honest, transparent, peaceful, and credible election. 'Pinagkakatiwalaan po ng sambayanan ang NBI at ganun din po kami sa Komisyon. Lahat po ng mga binabanggit nila ay matagal at paulit-ulit na po naming nasagot at pinabulaanan,' Garcia said. 'Ang mga ganitong hindi pagsang-ayon o salungat ng paninindigan ay atin pong inaasahan bilang isang larawan ng malusog na demokrasya,' he added. (The public trusts the NBI, and we at the Commission do as well. All the issues they've raised have long been addressed and repeatedly denied. We expect these kinds of disagreements or opposing views as a reflection of a healthy democracy.) The national and local elections were held on May 12, 2025.—LDF, GMA Integrated News

Comelec set to prep for 2028 presidential polls this year
Comelec set to prep for 2028 presidential polls this year

GMA Network

time07-07-2025

  • Politics
  • GMA Network

Comelec set to prep for 2028 presidential polls this year

The Commission on Elections (Comelec) is eyeing to start preparations for the 2028 presidential elections this year, chairperson George Garcia said Monday. '2026 will become the research and development year. The preparation for an election should be two years. It should not be one year,' Garcia told reporters in an ambush interview. 'We will insist not only on our budget but also, with due respect, sa ating (with our) Executive (Branch) and Congress,' he added. Garcia added 2026 would be for the drafting of the terms of reference and contract for the suppliers of the 2028 elections. 'That's probably everything before the procurement. Pagdating ng procurement, maayso na maayos na. So, by early part of 2027, may early delivery of the machines, siguro yung first 100,' Garcia said. (That's probably everything before the procurement to ensure everything is in order. So, by early part of 2027, there will be early delivery of the machines, probably the first 100.) He added that this will give Comelec the time to test the machines and make some needed adjustments. Comelec is also looking into the recommendations of the Parish Pastoral Council for Responsible Voting (PPCRV), which include bringing back the 25% shading threshold and using a stamping pen. However, Garcia said it cannot be implemented for the 2025 Bangsamoro Parliament elections. 'I fully agree (with the 25% shading threshold), but no, we cannot for the BARMM elections because the law provides this is a continuation of the national and local elections, so kung ano yung ginawa natin nung nakaraan yun din yug gagawin natin at least as far as the system, hardware, software are concerned,' Garcia said. (I fully agree with the 25% shading threshold, but no, we cannot implement it for the BARMM elections because the law provides this is a continuation of the national and local elections, so we still implement what we did last election at least as far as the system, hardware, software are concerned.) PPCRV earlier recommended bringing back the 25% shading threshold in the next polls, as it received reports of mismatches between the actual votes and the receipts from the automated counting machines (ACM). —RF, GMA Integrated News

Footage of Philippine election workers destroying unused ballots not proof of fraud
Footage of Philippine election workers destroying unused ballots not proof of fraud

Yahoo

time27-06-2025

  • Politics
  • Yahoo

Footage of Philippine election workers destroying unused ballots not proof of fraud

A TikTok video posted on June 2 shows footage of people in a room tearing up papers, next to a picture of Comelec chairperson George Garcia. "Those ballots should not be torn up, they should be used in the recount," reads the Tagalog-language text superimposed on the video. "George Garcia, are you afraid people will find out how you manipulated results of the elections?" Vice President Sara Duterte, who may face an impeachment trial at the Senate, said in June that she believes the May 12 mid-term vote was marred with fraud, after several senatorial candidates she backed did not win a seat (archived here and here). Her political party has since asked the country's Supreme Court to order a recount of votes (archived link). Philippine outlet ANC reported Garcia has rejected the allegations (archived link). The video was shared elsewhere on TikTok and Facebook. Comments on the post indicate some users appear to believe the footage shows a cover-up. "This only proves that the PDP-Laban won," one said, referring to Duterte's political party. "This is embarrassing for you, Garcia!" another wrote. But the clip actually shows election workers destroying unused ballots as required by law. Keyword searches of the clip's keyframes led to a two-minute video published by local news outlet Daily Tribune on Facebook on May 30 with a caption saying it shows "the destruction of about six million unused, defective, and rejected printed ballots" printed for the elections (archived link). Other local news outlets, including The Manila Times and ABS-CBN, also published videos showing a similar scene in reports (archived here and here). The election agency also posted a livestream on its official Facebook page on the same day showing the process (archived link). Comelec spokesperson John Rex Laudiangco told AFP on June 25 that after every election, the agency destroys defective and rejected ballots, as well as spoiled accountable forms, "as part of its culmination of printing, verification, and exit processes". The requirement -- along with the printing of official ballots and other election-related tasks -- is outlined in Comelec documents on voting procedures on election day (archived here and here). "It is incumbent upon the Comelec to ensure that official ballots and other election forms are destroyed after elections such that it cannot be used or reused for any other purposes than what is allowed under the law," Laudiangco added. Angel Averia, chairperson of the Philippine watchdog National Citizens' Movement for Free Elections, also said the TikTok post's caption is misleading (archived link). "Excess, unused ballots are not necessarily evidence of fraud. Comelec holds such an activity after each electoral exercise," she told AFP on June 11. Alexa Yadao, program officer at election monitor Legal Network for Truthful Elections, told AFP on June 18 that destroying the ballots is one of the safeguards "to ensure that they will not be used for other purposes" (archived link). The agency also destroyed unused ballots related to the 2023 village and youth council elections, and the 2022 presidential elections (archived here, here, and here).

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