THE Commission on Elections (Comelec) announced on Sunday that amending the Automated Election Law or enacting a new law is necessary to accommodate calls for a manual recount of the 2025 election results.
Chair George Garcia explained that Republic Act No. 9369, the Automated Election Law, prioritizes fully automated polls, and doesn’t provide for a nationwide manual recount.
Garcia highlighted that while the law mandates a random manual audit (RMA) of ballots from select precincts, a full manual recount is a different matter entirely. He emphasized the lack of budgetary provisions for such an undertaking in a Super Radyo dzBB interview. “We don’t have a budget for manual counting if that’s prescribed under the law. Since we started automated elections in 2010, we haven’t had this kind of counting,” Garcia stated.
He raised several logistical questions surrounding a potential manual recount: “If we grant their plea, who will count? Where will the counting be? How much is the budget? Where will the budget come from? What is the process? What is the procedure for the counting?”
The Comelec previously stated that an election protest is the only legal avenue to trigger a manual recount, following a call for such a recount by detained senatorial candidate Apollo Quiboloy. With the Comelec having already proclaimed the winning senators, Garcia pointed out that the Senate Electoral Tribunal would assume jurisdiction over any recount, further complicating matters.
Garcia advocated for amending or replacing the Automated Election Law, stating, “This 2025 election is a good opportunity to create new laws or amend the Automated Election Law, which dates back to 2007. There have been many technological advancements since then; it may no longer be updated.” He added, “I agree that a change or overhaul of the law is needed. But currently, the Comelec’s hands are tied. We can’t act without changing the law because we only enforce existing laws.”
The Comelec commenced its random manual audit (RMA) on May 14, examining ballots from over 700 randomly selected clustered precincts and one online voting post. The need for legislative action underscores the limitations of the current electoral framework in addressing calls for a full manual recount.
