THE Commission on Elections (Comelec) is urging a review of the country’s outdated election laws, with Chairman George Erwin Garcia warning that long-standing legal gaps continue to weaken the Commission’s ability to enforce safeguards.
Garcia said there is “something wrong with our law.”
During the “Midyang Responsable, Mapanuring Botante” forum on Friday, April 11, 2025, at the Philippine Press Institute, Garcia said the 2009 Maguindanao massacre exposed the limitations of existing legal frameworks, particularly in terms of Comelec’s authority before the official campaign period begins.
Garcia specifically pointed to two outdated laws that govern Philippine elections — the Omnibus Election Code of 1985 and Republic Act 9369, or the Automated Election Law, enacted in 2007.
These laws, he said, do not reflect modern realities, especially with the shift to automated elections and the rise of digital platforms now used in illegal practices such as vote buying.
Under RA 9369, candidates who file their certificates of candidacy (COC) early are not yet officially considered candidates.
They are only recognized as such on the first day of the campaign period, 90 days before Election Day for national candidates and 45 days for local positions.
Meanwhile, the election period begins 120 days before Election Day, creating a legal vacuum where the Comelec has no enforcement powers.
Garcia explained that in November 2009, when the Maguindanao massacre occurred, Comelec had already accepted COCs for ballot printing; but it had no legal authority to impose a gun ban, establish checkpoints, or place any area under Comelec control because the campaign period had not started.
He called on the Supreme Court to revisit its ruling in the case of Penera vs. Comelec, which upholds the rule that a person is only considered a candidate at the start of the campaign period not upon filing.
Garcia emphasized that the Comelec’s role is not to question or create laws, but merely to implement and enforce them under Article IX-C of the Constitution.
Garcia also raised the issue of vote buying, noting that the current laws are ill-equipped to regulate digital tools like GCash and PayMaya.
These platforms did not exist when the laws were passed, making it difficult for Comelec to address emerging forms of election-related offenses without overstepping its constitutional limits.
The call for reforms comes as the Comelec braces for a “super election year” in 2025, during which it will conduct three major elections — the national and local automated polls on May 12, the first Bangsamoro parliamentary elections on Oct. 13, and the barangay and Sangguniang Kabataan elections on Dec. 1.
Garcia said managing three separate elections with different timelines and formats presents unique challenges in budgeting, logistics, and voter turnout. He noted that these differences could result in varying voter experiences and potential confusion among the electorate.
The 2025 elections will involve around 68.4 million domestic voters, with an additional 1.241 million registered overseas voters. Of the local voter base, there are approximately 12 million senior citizens, over 800,000 Indigenous Peoples, about 500,000 persons with disabilities (PWDs) and 68,000 persons deprived of liberty.
There are also 71,000 local absentee voters who will vote a week in advance.
To improve accessibility and the overall voting experience, Comelec will allow early voting from 5 to 7 a.m. for senior citizens, PWDs and heavily pregnant women. In addition, 42 malls across the country will serve as voting centers, though only voters from surrounding barangay precincts will be allowed to vote in those malls.
Garcia reminded members of the media that understanding these challenges and reforms is vital, as they play an important role in shaping public awareness and protecting the integrity of the country’s democratic process. / CAV