MANILA — The Commission on Elections (Comelec) said it will leave it up to the Supreme Court (SC) to act on a petition filed by PDP-Laban seeking a manual recount of senatorial votes in the May 12 midterm elections, citing that the poll body will no longer have jurisdiction over proclaimed senators starting June 30.
“We welcome these remedies to prove the real mandate of the electorate,” said Comelec chairperson George Garcia. “We will just wait for the SC’s action on this matter.”
Garcia explained that after senators are proclaimed, sworn in, and assume office on June 30, electoral disputes involving them will fall under the exclusive jurisdiction of the Senate Electoral Tribunal (SET), while contests involving House members will be handled by the House of Representatives Electoral Tribunal (HRET).
“After being proclaimed, sworn in, and assumes office on June 30, according to the Supreme Court, the Comelec or any other court will no longer have jurisdiction because the wording used is that it is the HRET or SET shall be the sole judge of all elections, returns, qualifications of the members of the House of Representatives or Senate,” Garcia said.
“This means that all issues or cases concerning the victory of a senator or congressman must be in the SET or HRET. There is no jurisdiction for the Comelec or even the Supreme Court,” he added.
The petition, filed by PDP-Laban on Monday, called for a manual recount based on alleged irregularities, including the reported use of Starlink transmission devices and solar panels discovered in a private residence in Barangay Buhangin, Davao City, which the party claimed suggested a “potential conflict of interest.”
The party also cited supposed discrepancies between actual ballots and voter receipts, along with the exclusion of more than 17 million senatorial votes allegedly dismissed as “overvotes.”
The petition invoked provisions of Republic Act No. 9369 or the Automated Election System Act and Batas Pambansa Blg. 881 or the Omnibus Election Code. PDP-Laban emphasized Section 31 of RA 9369, which mandates the use of manual counting as a safeguard for “free, honest and credible elections.”/PN
